Delhi Court May 1998 Judgments
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Venus Metal Works Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-01-1998
Reported in: (1998)(102)ELT80TriDel
1. The above application arises out of the Tribunal's Final Order No.2019/97-A, dated 31-10-1997 -1998 (98) E.L.T. 257 (Tribunal).2. According to the applicants/appellants, the error arises in not recording any finding on their consistent claim for exemption to unmachined casting in terms of Notification No. 275/88, dated 4-11-1988. According to them the Bench ought to have recorded a finding on eligibility to the benefit of this Notification and only in the event of holding that the benefit of this Notification was not available to the applicants, the question of eligibility to the alternative benefit under Notification No. 223/88 (which has been allowed) could be determined.3. Learned Counsel, Shri Rajesh Chander Kumar, draws our attention to the fact that the benefit of Notification No. 275/88 was claimed right from the earliest stage and he submits that the benefit of this Notification is available for the reason that the product in dispute has been accepted to be unmachined iron ...
Samsonite Corporation Vs. Vijay Sales
Court: Delhi
Decided on: May-01-1998
Reported in: 73(1998)DLT732
ORDERK. Ramamoorthy, J.1. The plaintiffs claiming to be engaged in the sale of suit cases all over the globe have instituted the suit against the defendants stating that the defendants have infringed the plaintiff's copyright in drawings; the defendants are passing off their goods and they are imitating the trade dress in making the suit cases to sell their products. The defendants resist the case of the plaintiffs on various grounds. In view of the fact that the parties relied heavily on their respective pleadings to project their respective contentions and the arguments covered a very wide canvass, it has become necessary for me to refer to the pleadings in the first instance and then to deal with the rival contentions put forth at the time of the arguments and the precedents referred to by the learned counsel for the parties.2. The case of the plaintiffs could be recounted in the following terms. The first plaintiff Samsonite Corporation is a Company operating under the State of Del...
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