Delhi Court May 1998 Judgments
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Ciba-geigy Limited and anr Vs. Surinder Singh and ors
Court: Delhi
Decided on: May-21-1998
Reported in: AIR1999Delhi49; 73(1998)DLT535; (1998)119PLR44
ORDERD.K. Jain, J.1. This is a suit for : i) permanent injunction restraining the defendants from using the trademark 'Cibaca' or any other trade mark containing 'Ciba' or the word 'Cibaca' or any other trade mark deceptively similar to the trade mark 'Ciba' or 'Cibaca'; and ii) rendition of accounts by the defendants to the plaintiffs for the profits made by them by the use of trademark 'Cibaca'.2. Plaintiff no.1 is a Swiss company and the second plaintiff is an Indian Company duly incorporated under the Companies Act, 1956 in which the first plaintiff holds approximately 40 per cent of the equity share capital. The word 'Ciba' forms part of the corporate name of both the plaintiffs. As per the plaint,the first plaintiff is a registered proprietor of the trademarks 'Ciba', 'Cibaca' and various other trademarks, in which thesyllable is the word 'Ciba', in respect of various items falling in different classes. The second plaintiff is a licencee and user of various trademarks, possessed ...
Union of India (Uoi) Vs. Modern Construction Company
Court: Delhi
Decided on: May-21-1998
Reported in: 1998(47)DRJ345
Y.K. Sabharwal, J.1. This appeal is directed against the impugned order dated 10th August, 1992whereby 12 days' delay in filing objections to the Award was declined to be condonedby the learned Single Judge resulting in dismissal of the appellant's application underSection 5 of the Limitation Act. The effect was that the Award was made Rule of theCourt and decree passed thereupon.2. In view of the dismissal of the application under Section 5 of the Limitation Act holding that no sufficient ground had been made out for condensation of delay, the learned Single Judge did not go into the merits of the objections. The learned Single Judge held that if delay on the ground of movement of files within various Departments of the Government is considered as a good ground for condensation of delay, it will be applied in almost every case. The appellant in his application under Section 5 of the Limitation Act had given details of examination at various stages and the reasons which lead to 12 days...
Commissioner of Income-tax Vs. G. Sagar Suri and Sons and ors.
Court: Delhi
Decided on: May-21-1998
Reported in: [1998]234ITR58(Delhi)
R.C. Lahoti, J. 1. This common order shall govern the disposal of ITC Nos. 12 of 1994, 217 of 1991, 219 of 1991, 54 of 1992, 134 of 1993, 11 of 1994, 1 of 1997, 4 of 1997, 5 of 1997, 14 of 1997 and 27 of 1997, These are all petitions under Section 256(2) of the Income-tax Act, 1901, seeking mandamus to the Tribunal to draw up statement of case and refer the questions of law set out therein for the opinion of the High Court. All the assessees belong to one group, referred to as the Suri group. The facts out of which these several cases arise are all interconnected and, thereforee, are being dealt with by a common order.2. Different assessment years are involved. We would set out hereunder the assessment years, the names of the assessees and the questions which are sought to be referred :ITC No. 217 of 1991-Smt. Shama Suri (1982-83) ; '1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the amount of US $ 30,000 received by Smt. ...
M.M.T.C. Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-20-1998
Reported in: (1999)(112)ELT415TriDel
1. When the matter was called Mr. Sanjay Grover, ld. Advocate submitted a copy of letter sent by the appellants to the Under Secretary, Ministry of Commerce, dated 23-4-1998 requesting that the matter be placed before the Committee of Secretaries for purposes of obtaining clearance to pursue the case before this Tribunal. Shri Sanjay Grover sub- mits that the appellants are yet to receive the clearance from the Committee on Disputes. He prays for adjournment of the case for some time so that the appellants may be able to pursue the matter with the Committee for early clearance.2. Considered. We observe that this appeal is of 1992 and the appellants have taken up the matter of obtaining clearance from the Committee on Disputes only on 23-4-1998. It is not certain as to how much time will be required for obtaining the necessary clearance from the Committee on Disputes.3. In these circumstances we dismiss the appeal with liberty to the appellants to seek restoration of the appeal to its ...
Sail Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-20-1998
Reported in: (1998)(104)ELT400TriDel
1. The above three stay petitions were heard together as the issue involved in these stay petitions is the same.2. The issue is that the stockyards of M/s. SAIL collected duty on despatches from the stockyards to customers. The department found that in certain cases against a particular supplier of material, the stockyards had collected duty on larger quantity of materials. The department alleged that since the duty of certain higher amounts have been collected as duty by the stockyards which was not collected and paid by the manufacturer (M/s. SAIL), therefore higher duty so collected was required to be deposited with the Government under Section 11D. They, therefore, calculated the amount so collected and confirmed the demand.3. Arguing the stay petition, Shri V. Sridharan, ld. Advocate submits that the amounts so collected are disputed. He refers to the judgment of the Hon'ble Madras High Court stating that in that judgment, the Hon'ble Madras High Court had held that levy is conte...
Cnm Impex Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-20-1998
Reported in: (1998)(104)ELT417TriDel
1. These are two appeals filed by M/s. CNM Impex against the Commissioner (Appeals) Order Nos. 75 to 90/97, dated 27-5-1997. In this order the Commissioner (Appeals) has enhanced the redemption fine from Rs. 1,50,000/- imposed by the Assistant Commissioner to Rs. 2,08,160/- in each case and he also enhanced the amount of penalty from Rs. 4,000/- to Rs. 20,820/- in each case.2. Shri Ashok Mehta, learned Advocate submitted that the appellants have already paid almost 75% of the enhanced redemption fine and they have also paid Rs. 4,000/- in each case on account of penalty which according to him is sufficient for the purpose of waiving pre-deposit of the remaining amount. He also submitted that then the matter was posted for hearing before the Commissioner (Appeals) on 22nd Jan., 1997 a telegram was sent requesting for the adjournment on 20th Jan., 1997 on account of serious illness of the appellant's son. He submitted that though he is not in a position to produce the postal receipt but...
Anand Kumari Sharma (Dr.) Vs. Commissioner, Municipal Corporation of D ...
Court: Delhi
Decided on: May-20-1998
Reported in: 1998(45)DRJ670
ORDERDr. M.K. Sharma, J.1. The present writ petition is preferred by the petitioner seeking for a direction to the respondents to consider the case of the petitioners for promotion to the post of Resident Superintendent (ISM) and Officer-in Charge, Pharmacy Stores (ISM).2. The petitioners are Ayurvedic doctors in the Ayurvedic Hospital under the Municipal Corporation of Delhi. A Recruitment and Promotion Regulations was made by the Municipal Corporation of Delhi under Section 98 of the Delhi Municipal Corporation Act called the Recruitment and Promotion Regulations for filling up the posts of Deputy Health Officers (ISM), Officer in-Charge, Pharmacy Stores (ISM) and Resident Superintendent (ISM), both through direct recruitment as also through promotion. The said set of Regulations was dated 20th November, 1986 and was also published in the Official Gazette. The said Regulation provides the method of recruitment to the aforesaid posts which are selection posts. Qualifications prescribe...
Dj Singh (Retd.)(Commodore) Vs. New Delhi Municipal Council
Court: Delhi
Decided on: May-20-1998
Reported in: 1998IVAD(Delhi)313; 73(1998)DLT664; 1998(45)DRJ573
ORDERDr. M.K. Sharma, J.1. Since all the three writ petitions (C.W. 2900/1997, C.W. 3456/1997 and C.W. 2053/1998) involve similar facts and identical question of law, I propose to dispose of all the aforesaid writ petitions by this common judgment/order.2. The writ petitioners in all the three writ petitions are ex-Servicemen and are aggrieved by the resolution dated 29.4.1997 passed by the New Delhi Municipal Council (herein after called the Council) resolving that parking lots within the jurisdiction of the Council would be allotted on open tender out of which 50% parking lots would be reserved for ex-Servicemen, 15% for Scheduled Castes and Scheduled Tribes, 5% for handicapped and the rest for the general categories.3. In pursuance of the said resolution passed by the NDMC a tender notice has also been issued and published in TIMES OF INDIA inviting sealed tenders for temporary allotment of 105 parking lots for 3 years from the date of allotment on monthly license basis. Tenders to ...
Daulat Zia Vs. Govt. of N.C.T. of Delhi and ors.
Court: Delhi
Decided on: May-20-1998
Reported in: 1998VAD(Delhi)627; 1998(4)Crimes516; 74(1998)DLT259; 1998(46)DRJ171
Devinder Gupta, J.1. This is a petition seeking quashing of FIR No. 25/98, registered at P.S. Lajpat Nagar, New Delhi on the complaint of respondent No. 3 and the proceedings taken subsequent thereto including the challan. 2. The FIR was registered on the statement made by respondent No. 3 Abdul Hanan regarding incident dated 10.1.1997. It was stated that his father is a Diplomat in the Afghan Embassy. About 6-7 months back, their car, which was parked outside their house was burnt by somebody. On person known to him, who was also a resident of Afghan used to come from the Ramesh Market, Garhi to meet the Afghani person. He stated that on 10.1.1998 at about 6 p.m., he along with his cousin Javed (respondent No. 2) went to Ramesh Market to make enquiry into the burning of car. The petitioner met them. On enquiry the petitioner started abusing them and suddenly took out a knife and assaulted them, as a result thereof they received injuries.3. On the basis of the above statement, FIR for ...
Shriram Honda Power Equipment Vs. Commr. of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-19-1998
Reported in: (1998)(104)ELT28TriDel
1. Appellants filed this appeal against the Order-in-Original dated 1-2-1990 passed by the Additional Collector of Customs, Bombay. In this case, the request for registration of the contract under the Project Import for the import of 'dies and spares' was rejected.2. Learned Counsel appearing on behalf of the appellants submits that the appellants applied for registration of the contract for initial setting up of a project for manufacture of portable generator set. The contract was registered under the Project Import Regulations, 1986 and the appellants were allowed to import the goods for initial setting up for project for manufacture of portable generator set at the concessional rate of duty under Tariff Heading 98.01 of the Customs Tariff. He submits that the plant for manufacture of portable generator set was commissioned in February, 1988. He submits that on 4-12-1989, the appellants made a request to the Customs Authorities for registration of contract for the import of 'dies an...
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