Delhi Court January 2002 Judgments
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Air India Vs. Commissioner of Customs, New
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-04-2002
Reported in: (2002)(140)ELT536TriDel
1. The appellants filed these appeals against the adjudication order passed by the Commissioner of Customs whereby the penalties were imposed on the appellants. Air India Flight No. AI-311 on 1-8-1998 arrived from Hong Kong at the I.G.I. Airport, New Delhi. The Customs Officer of the Field Security Unit noticed that 3 containers Nos. AKE-5834-AL, AVE-5638-AL and AVE-5651-AL bearing sticker showing Airway Bill Nos. 098-70652610, 098-7065-1700, were neither manifested in the cargo manifest nor were they accompanied by any airway bills.3. From these containers 2112.580 kg silver and watch parts valued at Rs. 12,38,125/- were recovered.4. The goods were taken into possession under Section 110 of the Customs Act.5. Thereafter, a show cause notice was issued to the importers as well as to the appellants for confiscation of 135 pcs. of silver bars and watch parts and for imposition of penalties on the appellants.6. The Commissioner, vide impugned order, released the goods to the importers an...
Commissioner of Central Excise, Vs. Instrumentation Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-04-2002
Reported in: (2002)(140)ELT518TriDel
1. Examined the records. In this appeal of the Revenue, the challenge is against the order of the Commissioner (Appeals) allowing the assessee's appeal preferred against an order passed by the adjudicating authority. The Assistant Commissioner, by order dated 4-9-2000, allowed a claim for refund of Rs. 94,080/- but set off the same against a demand of duty of over Rs. 3 lakhs confirmed against the assessee under his earlier order dated 27-1-98. The assessee preferred appeal against the Assistant Commissioner's order dated 4-9-2000 to the Commissioner (Appeals) on the ground that the order dated 27-1-98 was under appeal to the Commissioner (Appeals) and that their stay application was also pending before the appellate authority and, therefore, appropriation of the refundable amount of Rs. 94,080/- towards the duty confirmed under order dated 27-1-98 was unwarranted. The lower appellate authority allowed the assessee's appeal (against the A.C.'s order dated 4-9-2000) on the ground that ...
Deputy Inspector General, Border Security Force Vs. the State and anr.
Court: Delhi
Decided on: Jan-04-2002
Reported in: 2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16
S.K. Agarwal, J.1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is directed against the order dated 21st March, 1998 passed by the Additional Sessions Judge, Delhi, dismissing the revision petition of the petitioner against the order dated 13th July, 1995, passed by the Court of Metropolitan Magistrate, dismissing application moved by the Commanding Officer under Section 80 of the Border Security Force Act, 1968 (for short, 'BSF Act') read with BSF Courts (Adjustment of Jurisdiction) Rules, 1969 (hereinafter referred to as the 'Rules') framed by Central Government under Section 475 Cr.P.C., for stay of proceedings against the accused Subhash Chander H.C. in case FIR No. 31/93, under Section 279/337 IPC, P.S. Vinay Nagar and for transfer of same to them.2. Prosecution allegations in brief are that on 14th January, 1993 at about 5:45 P.M. accused Subhash Chander while driving BSF truck No. PCU 4842 rashly and negligently, hit motorcycle N...
Reckeweg and Co. Gmbh and anr. Vs. Wellmans Homoeopathic Laboratories ...
Court: Delhi
Decided on: Jan-04-2002
Reported in: 2002IVAD(Delhi)194; 96(2002)DLT470; 2002(25)PTC98(Del)
V.S. Aggarwal, J. 1. Dr. Reckeweg & Co. GMBH has filed a suit for passing off, infringement of copyright. It seeks to restrain the defendant Dr. Wellmans Homoeopathic Laboratories Ltd., its directors, servants, agents or representatives acting on their behalf from passing off by using the code numbers, identification numbers, Seriall number WR-1 to WR-75 in respect of homoeopathic medicines or any other trade mark, code number which may be identical, confusingly or deceptively similar to the established trade mark, code number R1 to R75 of the plaintiff. It also seeks a permanent injunction to restrain the defendant from infringing the copyright of the plaintiff in their literature in respect of homoeopathic medicines and also to restrain the defendant from passing off their goods as those of the plaintiff by using infringing Seriall number, codes with respect to homoeopathic medicines. During the pendency of the suit by virtue of is 6525/99 the plaintiff seeks an ad interim injunction...
Ramesh Chander Vashisth Vs. Chief General Manager, State Bank of India ...
Court: Delhi
Decided on: Jan-04-2002
Reported in: 2002IIIAD(Delhi)940; 2002(62)DRJ193; [2002(94)FLR834]
D.K. Jain, J.1. Rule.2. With the consent of counsel for the parties the petition is being disposed of at this stage itself. 3. The petitioner, an employee of State Bank of India, respondent No. 1 herein, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records of the disciplinary proceedings held against him and quashing of order dated 8 August, 1994, whereby the appellant authority, respondent No. 2 herein, has directed that by way of penalty the petitioner be 'brought down by one stage in the basic pay in the time scale'. He also seeks a writ of mandamus directing respondent No. 2 to give effect to the order of his promotion dated 1 November 1992, with all consequential benefits. 4. The petitioner was appointed as Rural Development Officer on 21 April 1973 at Bulandshahar. Subsequently he was transferred to Kapashera branch, New Delhi in July 1981, where he took charge some time in August 1982. In June 1989, nea...
Bishamber Lal Kapur Vs. Allahabad Bank and ors.
Court: Delhi
Decided on: Jan-04-2002
Reported in: 2002IIIAD(Delhi)382; 96(2002)DLT574; [2002(93)FLR1223]; (2002)IILLJ318Del; 2003(1)SLJ38(Delhi)
Sanjay Kishan Kaul, J.1. The petitioner is aggrieved by the denial of back wages and other perks to him for the period from 1.6.1984 to 10.5.1993 by the respondent on the ground that he was gainfully employed and had alternate sources of income during this period. 2. The dispute between the parties has a chequered history. The petitioner was employed with the respondent bank in Middle Management Grade Scale II, when on 1.6.1984 petitioner was dismissed from service on charges of falsification of accounts for an amount of Rs. 72,449.10. The petitioner had deposited this amount without prejudice to his pleas and subject to holding of an inquiry. The bank treated the deposit as an admission of guilt and dismissed him from service. This order of dismissal was challenged by the petitioner before the Appellate Authority and the same was dismissed. 3. Aggrieved by the dismissal of the appeal the petitioner filed CW No. 2513/1984 which was disposed of on 21.2.1992 by the learned Single Judge d...
Alokit Exports Pvt. Ltd. Vs. New Delhi Municipal Council
Court: Delhi
Decided on: Jan-04-2002
Reported in: 2002IIIAD(Delhi)539; 2002(62)DRJ27
Manmohan Sarin, J. 1. By this common judgment, the above three writ petitions are being disposed, as the parties, the premises and the questions arising, though relating to determination of rateable value for different assessment years, are common.2. Petitioner, M/s. Alokit Export Pvt. Ltd., has filed the above three writ petitioners. By writ petition No. 1574/99, petitioner seeks quashing of bill No. 19705 dated 5th January, 1999, in the sum of Rs. 21,53,022/- computed on the basis of rateable value of Rs. 77,08,750/- (Rupees Seventy Seven lacs eight thousand, seven hundred and fifty), determined by New Delhi Municipal Council in respect of 5-A, Amrita Shergil Marg New Delhi. The bill assailed in the writ petition includes the House tax demand for the year ending 1998-99. A direction is also sought to restrain the respondent/NDMC from recovering property tax beyond the rateable value of Rs. 11,316/- less 10 per cent. for the said property. Writ petition No. 1517/2000 seeks to assail b...
Gurcharan Singh Arora and anr. Vs. the State
Court: Delhi
Decided on: Jan-04-2002
Reported in: 2002IIIAD(Delhi)445; 2002CriLJ2130; 96(2002)DLT181; 2002(62)DRJ249
S.K. Agarwal, J.1. By this petition under Section 482 of the Codeof Criminal Procedure, 1973 (for short 'Cr.P.C.'),petitioners are seeking quashing of the case FIR No.557/93, under Sections 186/332/353/506/34 IPC and Sections39/192 of Motor Vehicles Act, P.S. Patel Nagar pendingthe court of Metropolitan Magistrate, Delhi.2. Briefly stated the facts are that on 25th August, 1993, Constable Sukhbir Singh, lodged the report stating that he along with Constable Gopal Dutt were on official duty at DHG near Kachha Rasta, East Patel Nagar, Delhi; they had instructions to check vehicles; at 2.00 a.m. (night) one maruti car Dl. 2CD 5231 came from the side of Lal Mandir. It was being driven by petitioner Gaurav Arora, at a fast speed, under the influence of liquor. On suspicion Home Guard Gopal Dutt, No. 9305/DHG signalled the driver to stop. The car driver evaded the signal and Gopal dutt had a narrow escape. The car could be stopped at a distance of about 10 paces. After stopping the car petit...
Continental Construction Limited Vs. Food Corporation of India and ors ...
Court: Delhi
Decided on: Jan-04-2002
Reported in: 2002IIIAD(Delhi)995; AIR2003Delhi32
V.S. Aggarwal, J. 1. By this common judgment both the suits mentioned above can conveniently be disposed, since the question involved by and larger in both the petitions are identical. thereforee, they are being taken up together. Facts are being mentioned from Suit No. 3078-A/96. 2. M/s Continental Construction Ltd. (for short the applicant) seeks the award of the arbitrator to be made a rule of the court and for a decree in terms of the award to be passed. The applicant contends that he does not wish to file any objection to the award dated 15.12.1996. In pursuance of the notice having been issued the objector (the Food Corporation of India) has filed the objections. The award is purported to be assailed on various grounds to be considered hereinafter. Needless to state that in the reply filed all the objections and the pleas raised are being controverter. 3. On 22nd March, 1999 this court had framed the following issues:-1. Whether the impugned award is liable to be set aside for th...
Rajesh Kapoor Vs. State
Court: Delhi
Decided on: Jan-04-2002
Reported in: 2002IIIAD(Delhi)377; 96(2002)DLT381; 2002(62)DRJ47
S.K. Agarwal, J.1. By this petition under Section 482 of the Code of Criminal Procedure, 1973, (for short, 'Cr.P.C.'), petitioner has prayed for quashing of the proceedings int he case (State v. Rajesh Kapoor), FIR No. 81/97 dated 12.3.1997, under Section 186/333/353/307, IPC, P.S. Delhi Cantt, pending trial in the Court of Additional Sessions Judge, Delhi.2. Briefly stated the facts are that on 12.3.1997, Inspector Ved Prakash, SHO Jaffar Pur Kalan lodged a report that he along with the other staff were on V. VIP duty in Sector No. 6, From Mehram Nagar Chambery to Air force Technical Gate. At about 12:35 hrs. V.VIP was enroute and he alerted the force. The police stopped the traffic coming from the direction of the route, PCR van was stationed at Air Force Officers ' Mess Thamaiya Marg, after putting the staff vehicle for stoppage of traffic, they got down from the PCR Van and stopped the traffic opposite the gate on the road coming from Gopi Nath Bazaar towards Airport. At about 12:3...
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