Delhi Court December 1993 Judgments
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Shree Cement Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-15-1993
Reported in: (1994)LC417Tri(Delhi)
1. The eligibility or otherwise of HDPE bags used by the appellants for packing of cement to the benefit of modvat credit is the issue for determination in the above appeals. Credits of Rs. 8,84,657.83 and Rs. 15,72,653.32 have been disallowed under Rule 57-I on the ground that the item in question cannot be considered as an input under Rule 57A as it is used only for packing of cement for its proper transportation and is not connected in any way with the manufacture of cement as such, and, therefore, irrespective of its classification whether under Tariff Item 39.23 or 63.01, no modvat can be availed of on the HDPE bags. In addition a penalty of Rs. 5000/- has been imposed for availing credit without obtaining dated acknowledgment from the Assistant Collector.Hence these appeals.2. We have heard Shri D.A. Dave and Shri Jitender Singh, learned Advocates and Shri K.N. Gupta, learned SDR.3. We find that in terms of the Explanation to Rule 57A, inputs includes packaging materials and it ...
Garden Perfume (P) Ltd. Vs. Anand-soaps and Detergents
Court: Delhi
Decided on: Dec-15-1993
Reported in: 1994IAD(Delhi)115; 53(1994)DLT244; 1994(28)DRJ112
J.K. Merha, J. (1) The petitioner had adopted the trade mark 'RAINY' in respect of soaps and they are the proprietors of this trade mark. It is alleged that the defendant has dishonestly copied the trade mark of the plaintiff and have started applying to their soaps without any authority and to trade upon valuable goodwill of the plainitiff. The fact that the defendant firm is not the proprietor of the trade mark 'RAINY' and it is the plaintiff who is the first to use and adopt the trade mark and is the proprietor of the trade mark is clearly established from the fact that one Mr. Pradeep Kumar Arora son of one of the partners of defendant namely Mr. Ram Saran Arora was an employee of the plaintiff partnership firm when the trade mark Rainy was adopted. That particular person resigned from the job of the plaintiff and after leaving their employment joined his father in the business of defendant and thereafter defendant started using the said trade mark of the plaintiff 'RAINY'. These f...
Keshav Metal Works and anr. Vs. Jitender Kumar Verma
Court: Delhi
Decided on: Dec-15-1993
Reported in: 1994IAD(Delhi)81; 1994(28)DRJ206; 1994RLR126
Usha Mehra, J.(1) M/.S. Keshav Metal Works and Mrs. Manorma Vaid, petitioners herein were tenant in the premises bearing No.A-8/A-7/2 New Friends Colony, New Delhi. respondent Mr. J.K. Verma,landlord of the premises sought the eviction under Section 14(l)(e) of the Delhi Rent Control Act (hereinafter called the Drc Act) on the ground of bonafide requirement. Brief facts are that the owner of the premises Mr.J.K.Verma was working in the Steel Authority of India Ltd at Delhi. He was transferred to Burnpur and thereafter retransferred to Delhi. He had taken loan from his employer for raising construction on the premises in question. His employer some where in June 1981 look the decision that those of the employees who had been sanctioned House Building Advance for building a house at the place of their posting should vacate the company allotted house./ lease accommodation within a period of one year l'rom the date of issue of the said circular. This decision was conveyed to the petitioner...
Sunil Kumar Vs. State (Delhi Admn.)
Court: Delhi
Decided on: Dec-15-1993
Reported in: 1994(28)DRJ481
S.C. Jain, J. 1. The case registered against this accused is u/s 377 IPC. Keeping in view the tender age of the accused which is of only 17 years and the fact that he is in judicial custody and no more wanted for further investigation by the police, I order that he be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety for the like amount to the satisfaction of the court concerned. ...
Aruna Madan Vs. Subhash Madan
Court: Delhi
Decided on: Dec-15-1993
Reported in: 1994IAD(Delhi)189; 53(1994)DLT253; I(1994)DMC59; (1993)105PLR48
V.B. Bansal, J. (1) Smt. Aruna Madan has filed this revision petition against the order dated 20.10.1993 of Shri J.D. Kapoor, learned Additional DistrictJudge, Delhi, vide which he directed that an application under Section 27 of the Hindu Marriage Act (hereinafter referred to as the 'Act') moved by the petitioner would be disposed of independently and fixed 9.11.1993 for final disposal of the petition for divorce filed against her by her husband Shri Subhash Madan,respondent herein.(2) Briefly stated, the facts leading to the filing of this revision petition are that Subhash Madan (hereinafter referred to as the 'husband') filed a petition for divorce against Smt. Aruna Madan (hereinafter referred to as the 'wife') on 25.9.85.The proceedings continued for a long period and ultimately the evidence of the parties was closed and the case came up for final arguments for the first time on29.5.1991. A number of applications were moved by the wife. An application under Sections 24/26 of the ...
Namdi Francis Nwazor Vs. Narcotics Control Bureau
Court: Delhi
Decided on: Dec-15-1993
Reported in: 1994IAD(Delhi)41; 1994(1)Crimes579; 53(1994)DLT562
S.C. Jain, J.(1) Namdi Francis Nwazor, a Nigerian national, the appellant herein was booked and tried for the offences punishable under Sections 21 and 28 read with Section 23 of the N.D.P.S. Act. The Trial Court by its detailed judgment and order dated 19.7,1991 found him guilty for the offence under Section 21 of the N.D.P.S.Act and sentenced him to undergo R.I. for ten years and a fine of Rs. 1 lakh and in default of payment of fine to further undergo R.I. for a period of one year. He was further sentenced to ten years R.I. and to pay a fine of Rs. 1 lakh and in default of payment of fine to further undergo R.I. for a period of one year for the offence punishable under Section 28 read with Section 23 of the N.D.P.S. Act. However, the substantive term of imprisonment was ordered to run concurrently. (2) Aggrieved, that judgment and order has been challenged by the appellant by filing this appeal. (3) In brief, the prosecution version is that the appellant is a Nigerian national. On 2...
Delhi Labour Union Vs. Union of India (Uoi) and anr.
Court: Delhi
Decided on: Dec-15-1993
Reported in: (1996)ILLJ472Del
1. In spite of nearly ten months having elapsed, counter-affidavit has not been filed. We are not inclined to grant any further time.2. The Central Government by impugned order dated June 28, 1993 has refused to make reference of industrial dispute raised by the petitioner with the management of All India Radio in respect of the workman Suraj Bhan on the only ground stated in the impugned letter that the Supreme Court has granted stay of operation or judgment of the Madhya Pradesh High Court, holding All India Radio to bean industry under the Industrial Disputes Act, 1947. We are afraid the ground on which reference has been refused by the Central Government is wholly extraneous, irrelevant and un- sustainable in law. Accordingly the impugned order dated June 28, 1993 is set aside with a direction to the Central Government to re-consider the matter afresh within two months of the receipt of the order from this Court. The Rule is made absolute in the above terms. No costs....
Prakash Chander Vs. the State
Court: Delhi
Decided on: Dec-14-1993
Reported in: 1995CriLJ368; 53(1994)DLT113; ILR1994Delhi303
Y.K. Sabharwal, J. 1. Prakash Chander, his parents Smt. Lila Wati and Pyare Lal, his sister Usha and brother Parveen Kumar alias Pappu were all charged for offence under section 302 read with Section 34 IPC for intentionally or knowingly in furtherance of their common intention causing the death of Smt. Swaran Kanta at 2.35 PM on 9th August, 1987. In the alternative they were charged for an offence of dowry death punishable under Section 304B, IPC. 2. The learned Additional Sessions Judge has acquitted Pyare Lal, Usha and Parveen Kumar, Leela Wanti has also been acquitted of offence under section 302/34 IPC. Prakash Chander has, however, been found guilty of offence of murder of his wife Swaran Kanta and has been convicted for offence under section 302 IPC modifying the charge from Section 302/34 IPC to Section 302 IPC and has been sentenced to death. The alternate charge under Section 304B, IPC against Leela Wati has been modified and she has been convicted for offence under section 4...
Sansar Vs. State
Court: Delhi
Decided on: Dec-14-1993
Reported in: 1994IAD(Delhi)13; 1994(28)DRJ281
S.C. Jain, J.(1) This order of mine will dispose of two revision petitions i.e. Cr.R. No. 116 of 1982 and Cr. R. No. 206 of 1982 which have arisen out of the same order dated 17.2.1992 passed by Mr.P.S. Sharma, the then Additional Sessions Judge whereby appeals being Criminal Appeal No. 50 of 1981 and Criminal Appeal No.56 of 1981 filed by Sansar, the petitioner herein, against his conviction and sentence dated 1.8.1981 and 3.8.1981 under Section 44,49 and 51 of the Wild Life (Protection) Act, 1972 passed by Mr. H.P. Sharma, Additional Chief Metropolitan Magistrate, were dismissed. (2) The facts which are apparent on record are that on 11th September,1974 the premises No. 2101, 1st floor, Sadar Nala and premises No. 1260 Gali No. 11 Sadar Bazar within the jurisdiction of P.S. Sadar Bazar, Delhi which was in possession and occupation of Sansar, the petitioner herein, were searched and as a result of which trophies/uncured trophies of the animals specified in Schedule I and part Ii of Sc...
Collector of Customs Vs. Rathi Filters and Industries (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-13-1993
Reported in: (1994)(70)ELT290TriDel
1. The respondents herein filed Bills of Entry in February, 1991 for clearance of Needled Felt Woven Scrim for manufacture of Air Pollution Duct Filter Bags and claimed assessment of the goods under Heading 5911.40 of Customs Tariff Act, 1985. The adjudicating authority upheld classification under Heading 5602.90 relying upon the test report describing the goods as sheets composed of layers of scrim (woven fabric) made of yarn of non-cellulosic origin (Polyester) Sandwiched by felt composed of fibres of non-cellulosic origin with non-adhesive coating material, and as non-woven textile fabric, finding use as filter media. The lower appellate authority reversed the order of the Assistant Collector relying upon his earlier order, and accepted the importer's contention that the goods are assessable under Heading 59.11 of Customs Tariff Act, 1975. Hence this appeal by the Revenue.2. We have heard Shri J.N. Nair, learned DR and Shri Krishna Srinivasan, learned Counsel and carefully consider...
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