Delhi Court May 1997 Judgments
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K.C.V. Airways Ltd. Vs. R.K. Blaggana
Court: Delhi
Decided on: May-02-1997
Reported in: 70(1997)DLT326
K.S. Gupta (1) This appeal is directed against the order dated 19/12/1996 of a learned Single Judge passed in I.A. No. 4782/96 filed under OrderxxxvIII, Rule 5 and Section 151, Indian Penal Code directing the defendants-appellants to furnish security to the tune of Rs. 8.50 lacs on or before 31/01/1997.(2) Facts giving rise to the present appeal lie in a narrow compass. Wg. Cdr.R.K. Blaggana, plaintiff-respondent, filed Suit against the appellants for recovery ofRs. 8,36,049 .00, etc. which is being contested by the appellants. In the suit I.A. No.4782/96 which was filed by the respondent and paras 7 and 8 thereof which arerelevant read thus: 'That it is learnt that defendant No. 2, who runs the one-man show of the defendant Company and who floated the defendant No. 1 Company, is a person of dubious character and has been avoiding appearance before the Court and is likely to siphon off all the funds of defendants' Company to avoid payment of their liabilities towards various creditors ...
Raymond Woollen Mills Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-01-1997
Reported in: (1997)(95)ELT108TriDel
1. The appellants were availing of the benefit of Notification No.201/79, dated 6-4-1979 for seeking credit of the duty paid on blended fibre tops used in the manufacture of non-cellulosic spun yarn. The balance in their RG 23 Part II Register on 28-2-1986 was Rs. 1,68,310.09. On 1-3-1986 and 3-3-1986 they received the same inputs and also took credit thereupon. Credit to the extent of Rs. 3,25,300.80 was utilised by them for clearances of finished goods up to 28-3-1986. A show cause notice dated 13-8-1986 was issued asking the assessee to show cause why the wrongly utilised credit should not be recovered from them in terms of Section 11A of the Central Excise Act, 1944. After hearing the assessees, the Assistant Collector confirmed the demand.The Collector (Appeals) upheld the lower order. Hence the present appeal.2. The case for the appellants was argued before us by Shri Prakash Shah, Advocate. Shri M. Haja Mohideen, learned JDR represented the Revenue.3. Shri Shah stated that the ...
ingersoll-rand (India) Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-01-1997
Reported in: (1998)(98)ELT671TriDel
1. This appeal is directed against Order-in-Original No. 117/88, dated 15-12-1988 passed by the Collector of Central Excise, Bangalore confirming the demand of Rs. 1,62,300/- in the show cause notice and imposing penalty of Rs. 50,000/-.2. Appellant is engaged in the manufacture of various kinds of drilling and mining machinery, one of them being "ICM-15M Crawlair Drill". On 30-12-1987, a lorry MCU 5857 was intercepted and was found carrying one Crawlair Drill manufactured by the appellant. Accompanying documents included two invoices, one for crawlair drill and the other for 'drifter'. Accompanying gate pass showed payment of duty only on the value of drill in which the value of drifter had not been included and no excise duty had been paid on the value of the drifter since appellant had purchased the item from importer. Executives of the company were, in due course, questioned and their statements recorded and further investigation was conducted. It was found that during the period ...
Collector of Central Excise Vs. Priya Raja Enterprises
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-01-1997
Reported in: (1997)LC420Tri(Delhi)
1. In this appeal filed by the Revenue, the matter relates to the classification of the Printed Circuit Assemblies used as components of Telephone Equipment. The Assistant Collector of Central Excise, Bangalore, has classified these Printed Circuit Assemblies under Heading No. 85.17 which covered "Electrical Apparatus for the telephony or line telephony, including such apparatus for carrier-current line systems". The classification under this Heading was made on the basis that the printed circuit assemblies were a part of the goods classifiable under Heading No. 85.17 and that the printed circuit assemblies were a part of the goods classifiable under Heading No.85.17 and that the parts were also classifiable along with the apparatus of which they were part. On appeal, the Collector of Central Excise (Appeals), Madras held that the goods in question were correctly classifiable under Heading No. 85.42 which covered "Electronic integrated circuits and micro assemblies". In appeal, the Re...
Hindustan Newsprints Ltd. Vs. Elector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-01-1997
Reported in: (1997)(94)ELT424TriDel
1. This is a stay application filed with reference to the order of Collector of Central Excise, Cochin dated 8-4-1994.2. Learned Counsel stated that the appellants are manufacturers of newsprint by Mechanical wood pulp process and claimed the benefit of Notification No. 163/67 and as amended by 79/86 which allows benefit to mechanical wood pulp amounting to not less than 50% of the fibre content.3. The Department had issued a demand in respect of both post and pre 1986 period at the pulp stage; the demand portion of Rs. 50 crores belonging to the pre-1986 period has been dropped by the Collector. But he has confirmed a demand of Rs. 11,51,30,192.92 and also imposed penalty and confiscated plant, machinery, buildings, etc. invoking the larger period of limitation.4. It was their submission that they had not only taken Central Excise licence but also filed a ground plan which shows the machinery, etc., used by them; and their Licence had been renewed from time to time.5. Not only that a...
Madan Lal JaIn Vs. Babu Di Fancy Hatti
Court: Delhi
Decided on: May-01-1997
Reported in: 67(1997)DLT557; 1997(42)DRJ106
M.S.A. Siddiqui, J. 1. This is appeal from the order dated 30-3-1991 passed by the ADJ, Delhi in Civil Suit No. 754/1990 under Order 39, Rules 1 & 2 CPC restraining the appellant/plaintiff from manufacturing selling offering for sale the face cream and cosmetics under the trade mark name of 'clear fresh' or 'clear face' of any other deceptively similar trade mark. 2. The facts are as follows the appellant/plaintiff filed a suit for rendition of account and for permanent injunction against the respondents restraining them from manufacturing selling offering for sale, directly or indirectly dealing in cosmetics or any other cognate or allied goods under the trade mark 'Real' or any other deceptively similar trade mark or from doing any other thing as is likely to lead to passing off its goods and business as the goods and business of the plaintiff. Along with the plaint the appellant also filed an application under Order 39, Rules 1 & 2 CPC. On 22-5-1990, learned trial Judge granted ad i...
M.P. JaIn Vs. Bennett Coleman and Co. Ltd. and ors.
Court: Delhi
Decided on: May-01-1997
Reported in: 1997(2)ARBLR94(Delhi); 67(1997)DLT201
M.K. Sharma, J. (1) This is a petition filed by the petitioner under Section 8 read with Section 20 of the Arbitration Act for filing of agreement dated 23.11.1989 and 16.3.1990 and also for referring the disputes arising between the parties to an independent Arbitrator for making an award in terms of the provisions of the Arbitration Act. On 23.11.1989 an agreement was executed between the petitioner and respondents 1 to 5 for sale of 41,51,890 equity shares of the Company of Rs. 10.00 each fully paid up at par as a spot delivery contract i.e. at the aggregate price of Rs. 4,15,18,900.00 . The aforesaid agreement was subject to the conditions that the permission for transfer of shares from financial institutions namely Idbi should be obtained and permission from Central Government under Section 30-C of Monopolies & Restrictive Trade Practices Act, 1969 is also obtained. The said agreement also provided for the payment schedule. It is stated that in pursuance of the said agreement paym...
N.K. Verma Vs. Batliboi and Co. Ltd.
Court: Delhi
Decided on: May-01-1997
Reported in: 1997IIIAD(Delhi)889; 67(1997)DLT242; 1997(41)DRJ559
Manmohan Sarin, J. (1) The petitioner has preferred this revision petition against an order passed by the Civil Judge dated 30-5-1996, allowing the respondent's application under Order Xiii Rule 2 read with Section 151 Civil Procedure Code and the application under Order Xvi Rule 1 read with Section 151 CPC. (2) By the impugned order, respondent was permitted to place on record the minutes of meeting dated 24-1-1996 and ro solution of the same date. The order further permitted the additional list of witnesses to be taken on record for the purpose of proving the aforesaid documents. The main submission of the petitioner is that in the absence of a plea in the plaint about the resolution passed in the meeting of 24-1-1996, the plaintiff could not have been permitted to lead evidence in respect thereof. It is further contended that the respondent had fabricated the resolution with a view to save the suit and fill in the lacunae, when practically the entire evidence was over. (3) For a pro...
Beena Misra Vs. S.K. JaIn and ors.
Court: Delhi
Decided on: May-01-1997
Reported in: 1997IVAD(Delhi)163; 1997(2)ARBLR133(Delhi); 67(1997)DLT548
M.S.A. Siddiqui, J. (1) This appeal is directed against the order dated 22nd January, 1996 passed by the Additional District Judge in Civil Suit 563/93 whereby he allowed the application filed by the respondent u/Order 39 Rules 1 & 2, Cpc restraining the appellant from selling, disposing of or alienating or releasing the Hindi feature film 'DO YAAR'. (2) Facts leading to this appeal and relevant for its disposal are as under. By an agreement dated 29.4.1982, entered into between the appellant and respondent No. I, the respondent No. 1 acquired sole and exclusive rights, of distribution of the Hindi feature film 'DO YAAR' for a period of 5 years for a consideration of Rs. 2,50,000.00 . Pursuant to the agreement dated 29.4.82, the respondent No. 1 paid Rs. l,90,000.00 to the appellant and balance of Rs. 60,000.00 was withheld by the appellant to meet the claim of Globe Films when the said picture was released it was found that prints supplied by the appellant were not in good condition. ...
P.K. Bhandari Vs. the Hon'ble Speaker Lok Sabha
Court: Delhi
Decided on: May-01-1997
Reported in: 1997(42)DRJ52
Dalveer Bhandari, J. (1) The petitioner has filed a writ of Quo Warranto petition challenging the appointment of respondent No. 2. He has prayed that respondent No. 2 be restrained from functioning in the Lok Sabha Secretariat in the capacity of the Secretary-General of Lok Sabha. In this petition a show cause notice was not issued by the Court, but according to the rules, an advance copy of the petition has been given to the respondents and in pursuance thereto, the respondents appeared during the preliminary hearings of the petition.(2) The brief facts which are necessary to dispose of this petition are recapitulated as under:(3) By the notification dated 12.7.1996 respondent No. 2 Shri A. Gopalan was appointed as the Secretary General of the Lok Sabha by the Hon'ble Speaker of Lok Sabha. The petitioner submitted that the appointment of respondent No. 2 as the Secretary General in the Lok Sabha, Secretariat is contrary to the mandatory statutory provisions as contemplated under 1995 ...
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