Delhi Court January 1995 Judgments
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Niwas Spinning Mills Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-20-1995
Reported in: (1995)(77)ELT151TriDel
1. M/s Niwas Spinning Mills Limited have filed an appeal being aggrieved from the order passed by Collector of Customs, Bombay. The said appeal was presented in the Registry on 12-10-1993. In Col. 3 against date of communication of the order in Form No. CAS it was shown as 22-9-1992. In terms of provisions of Section 129A(3) of the Customs Act, an appeal has to be filed within 3 months and as such the last date for filing of the appeal in the present matter is 22-12-1992. Thus there is a delay of 9 months and 13 days. Shri S.A. Jadhav, the learned advocate, who has appeared on behalf of the appellants has reiterated the contentions made in the condonation of delay application. He pleaded that the goods were imported in 1991 and thereafter the clearance was taken in June 1992 after 7 months and the appellants had difficulty financially and as such they could not file the appeal within the stipulated time. In support of his arguments, he cited a decision of the Hon'ble Supreme Court in ...
G.S. Mander and ors. Vs. Indian Olympic Association and ors.
Court: Delhi
Decided on: Jan-20-1995
Reported in: 1995IAD(Delhi)738; 1995(1)ARBLR312(Delhi); 1995(32)DRJ527
R.C. Lahoti, J.(1) The plaintiffs have filed this suit challenging the legality and validity of, and the mode and manner in which, the elections of the Execution Council of the Indian Olympic Association (hereinafter Ioa, for short) were held' in the Annual General Meeting dated 15th November, 1992. They are also aggrieved by the amendments made in the constitution of Ioa in .the meeting dated 30th November, 1991 in so far as they relate to passing of no-confidence motion against the office bearers of Ioa and also in so far as they relate to relaxation of requirement as to majority for reelection to certain posts. Plaintiffs No.1 & 2 were candidates respectively for the posts of Secretary General and Treasurer. Plaintiffs No.3 to 6 are Associations/Federations, who are member-units of IOA. The Ioa is a Society registered under the Societies Registration Act. It is also a national member of Inter National Olympic Committee. It has a Memorandum of Association, Constitution and Rules and ...
Bishan Swarup Gupta and ors. Vs. State and ors.
Court: Delhi
Decided on: Jan-20-1995
Reported in: 58(1995)DLT45
Arun Kumar, J.(1) These petitions under Section 482 Criminal Procedure Code have been filed for quashing Fir No. 174/93, Police Station Janak Puri under Sections 448/342/506 Ipc, Fir No. 251 /93, P.S. Janak Puri under Sections 307/457/34 Indian Penal Code read with Sections 27/54/59 Arms Act and Fir No. 252/93, P.S. Janak Puri, New Delhi under Sections 307/34 Indian Penal Code read with Sections 27/54/59 Arms Act.(2) Parties in these petitions are common. The FIRs came to be lodged in view of a dispute over a plot bearing No. C-5, Kiran Garden, Uttam Nagar, New Delhi measuring 200 sq.yds. A civil suit for permanent injunction bearing Suit No. 97/93 was also filed in the Civil Court by Rakesh Kumar and Gulshan Kumar against Bishan Swarup in respect of the said plot. These persons are parties in the presentpetition. There was a dispute regarding possession of the said plot. On the day of the occurrence an altercation took place between two groups which resulted in cross cases being regis...
Lok Nath Prasad Gupta Vs. Bijay Kumar Gupta
Court: Delhi
Decided on: Jan-20-1995
Reported in: 1995(32)DRJ350
R.C. Lahoti, J. (1) Section 62 of the Copy Right Act, 1957 read in juxtaposition with Section 20 of the Code of Civil Procedure, 1908, which forum can a plaintiff invoke complaining of infringement of copy right or infringement of any other right conferred by the Copy Right Act, is the question arising for decision.(2) On the plaintiff's own showing, and admittedly, the plaintiff and the defendant are both residents of Calcutta. Plaintiff who is engaged in the manufacture and sale of chewing tobacco known as khaini under the trade mark Raja, claims copy right in the pouch which according to him coupled with distinctive colour combination get-up and lay-out constitutes an 'original artistic work' within the meaning of Section 2(c) of the Copy Right Act (hereinafter 'Act', for short) and the plaintiff is the owner thereof. He complains of the defendant having reproduced the plaintiff's artistic work in his own pouch wherein he sells Ratan Khaini and is thereby committing infringement of ...
Sanatan Dharam Sabha Vs. Delhi Development Authority,
Court: Delhi
Decided on: Jan-20-1995
Reported in: 1995IAD(Delhi)817; 1995(32)DRJ645; 1995RLR140
D.P. Wadhwa, J. (1) The petitioner, a religious society, has filed this petition under Article 226 of the Constitution, seeking a writ, order or direction quashing the letter dated 27 April 1993 (page 24) of respondents 1 and 2 withdrawing 'No Objection Certificate' earlier granted to the petitioner and a direction is also sought requiring the Delhi Development Authority, the first respondent to execute the Sub-Lease Deed in favor of the petitioner in respect of plot bearing No. 3, Institutional Area, Nirman Vihar, Delhi. As the title shows, there are four respondents. A direction is also sought to impose exemplary cost on the fourth respondent for filing a frivolous suit bearing No. 264 of 1992 titled Lovely Bal Shiksha Parishad through its Secretary Shri O.P. Hans, Advocate v. Delhi Development Authority and pending in the court of the Sub Judge First Class, Delhi, whereby the petitioner had been deprived of its right to use and enjoy the aforesaid plot of land. Yet another direction...
Gopal Chand Khandelwal Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Jan-19-1995
Reported in: (1995)52ITD661(Delhi)
1. This appeal by the assessee is directed against the order of the CIT(A)-XII, New Delhi.2. The facts of the case are that the assessee had filed the return on 23-11-1992 declaring an income of Rs. 8,03,980. The AO completed the asst. at Rs. 17,71,520 vide his order dated 30th March, 1993. Against the said order, the assessee preferred appeal before the CIT(A). The CIT(A) observed that the assessee has not paid the tax due on the income returned and, therefore, the appeal cannot be admitted as per provisions of Section 249(4). Therefore, he dismissed the assessee's appeal in limine. Against the order of the CIT(A), dismissing the assessee's appeal in limine, the assessee has preferred appeal before the ITAT.2.1. At the time of hearing before us, the 1d. DR raised objection in admitting the appeal against the above order of the CIT(A). He submitted that the order of the CIT(A) is Under Section 249(4) of the Income-tax Act and not Under Section 250 and, therefore, appeal to the Income-...
M/S. Kaleidoscope (India) P. Ltd. and Another Vs. Phoolan Devi and Oth ...
Court: Delhi
Decided on: Jan-19-1995
Reported in: AIR1995Delhi316; ILR1996Delhi586
ORDERM. Jagannadha Rao, C. J.1. Atthe outset we have to mention why we are taking up this CM. even though we are proposing to hear the main FAO within a short date, i.e. may be within a fortnight. Firstly, when the FAO came up before us, we were in several part heard cases one of which was remitted by the Supreme Court for urgent disposal and another was a preventive detention case. Even as and when the main FAO is taken up time would be taken for arguments and for the preparation of the judgment. In the meantime the respondent contends that she is seriously aggrieved by the ad interim partial suspension order dated 22-12-94 passed by the Vacation Judge suspending the injunction granted by the trial Judge, resulting in the uncensored version of the film 'Bandit Queen' being exhibited abroad. The order allowing exhibition abroad was passed at the instance of appellants (defendants 1 and 6) who, according to plaintiff, had admittedly no rights of exhibition abroad. Before the FAO could b...
C.C.E. Vs. Densons Pultroteknik Paonta
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-18-1995
Reported in: (1995)(78)ELT116TriDel
1. This ROM application is against the Final Order No. 446-451/93-B1, dated 17/27-12-1993 passed by the Tribunal. The appellants are aggrieved with the main order and have pointed out that there were six issues in the appeals, which are noted as follows : 2. On the first question, the appellants have submitted that the classification list had been approved by the department and they could not be reviewed and therefore, the power of review must be conferred expressly or by necessary implication by the provisions of statute and the Central Excises & Salt Act and the Rules made thereunder. On the second issue i.e. whether classification lists can be challenged retrospectively, they point out that the Tribunal has committed a mistake on the issue also. Citing several judgments, the appellants have submitted that the Tribunal has made a mistake in relying on the judgment of the Bombay High Court as rendered in the case of X.L.Telecom Pvt. Ltd. v. Union of India as reported in 1994 (70)...
Delhi Development Authority Vs. Bennete Coleman and Co. Ltd.
Court: Delhi
Decided on: Jan-18-1995
Reported in: 57(1995)DLT498
Cyriac Joseph, J. (1) Learned Counsel for the petitioner and the respondents (including the newly added respondent) agreed that the civil contempt petition itself can be heard and disposed of. Accordingly, civil contempt petition was heard and it is being finally disposed of.(2) M/S. Bennette Coleman & Company Ltd., filed Cwp 130/81 challenging the land acquisition proceedings in respect of the land of field No.108 Min (39-1)and 109 (15-3) of village Massudpur, New Delhi. The company also filed Cm 201 /81 praying for stay of dispossession of the petitioner from the land. By orderdated 23/01/1981 in Cm 201/81 this Court directed as follows- 'Notice for 12.2.81. Status quo as at present be maintained.'On 7/04/1981 the Court passed the following order:-'Status quo in regard to possession till the final disposal of the writ petition.Counsel for the respondent states that except two bids was in Khasra No.108the possession of all other land is taken on 29/12/1980. Counsel for the petitioner ...
M.D. International Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-17-1995
Reported in: (1995)LC295Tri(Delhi)
1. This appeal arises out and is directed against the Order-in-Original dated 17-7-1992 passed by the Collector of Customs (Preventive), Bombay.2. The appellants had imported two consignments of EPO Locks from Japan and filed Bill of Entry No. 864/177, dated 20-4-1992 and Bill of Entry No. 743/127 dated 6-4-1992 covering each consignment of 2,000 pieces of EPO Locks for their clearance against REP Licence/Exim Scrips. Both the Bills of Entry were assessed in the Customs House and duty of Rs. 1,36,959/ was paid on Bill of Entry No. 864/177, dated 20-4-1992. The relevant details of both the Bills of Entry are as under :----------------------------------------------------------------Sr. No. B/E Quantity Unit CIF Assessable Duty Price Value Rs. Value Rs. Rs.---------------------------------------------------------------- US$2. 743/127 2000 PCS. 1.50 94339.02 95283.02 139328/----------------------------------------------------------------- 3. In both Unit Price of EPO Locks had been declar...
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