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Delhi Court February 2002 Judgments

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Feb 12 2002

Archies Greetings and Gifts Ltd. Vs. Shiv Sena and ors.

Court: Delhi

Decided on: Feb-12-2002

Reported in: 96(2002)DLT872; 2002(62)DRJ157

Sharda Aggarwal, J.1. This order shall dispose of plaintiff's application under Order 39 Rules 1 & 2 CPC for grant of interim injunction. 2. The plaintiffs M/s Archies Greetings & Gifts Ltd. have instituted the present suit for permanent injunction seeking restraint order against defendants 1 to 11, their members, workers, activists etc. from gheraoing, picketing or obstructing the ingress or egress of the employees, customers and other persons to their various show rooms, shops and outlets in Delhi as detailed in Annexure 'A' to the plaint. The restraint orders are also sought against these defendants from holding any demonstrations or committing acts of violence and vandalism on or around the show rooms and outlets of the plaintiffs in Delhi and also from extending any threats of interfering and obstructing the celebrations of Valentine's Day, and in any manner damaging and destroying the goods, articles and property of the plaintiffs. Along with the suit, the plaintiffs filed an app...


Feb 12 2002

G. Srinivasan Vs. National thermal Power Corporation (Ntpc) Ltd.

Court: Delhi

Decided on: Feb-12-2002

Reported in: 2002VAD(Delhi)100; 97(2002)DLT151

ORDER NO. 57/98 Shri G. Srinivasan, 029696 Dy. Manager (Commercial), CC, is hereby promoted to the post of Manager (Commercial), SRHQ, Bangalore, in the pay scale of Rs. 7500-300-9900/- with effect from 01/01/98. The order will be effective form the above date only if he joins at the new place of posting within two months form the date of issued of this order. In case he joins the new place of posting beyond two months but within six months form the date of issue of this order, the promotion will be effective from the actual date of joining at the new place of posting. However, in case he does not join at the new place of posting within six months from the date of issued of this order. the promotion order will stand automatically cancelled and withdrawn and his case for promotion will be considered afresh by the next CPC. as per policy. This issues with the approval of the Competent Authority.' 4. The petitioner made certain representations with a request that he be not transferred to ...


Feb 12 2002

Lajja Ram Bhardwaj and ors. Vs. Municipal Corporation of Delhi and ors ...

Court: Delhi

Decided on: Feb-12-2002

Reported in: 97(2002)DLT219; 2002(63)DRJ547; 2003(1)SLJ152(Delhi)

ORDERSanjay Kishan Kaul, J.Rule.1. With the consent of the parties the petition is taken up for disposal.2. Respondent No. 2 Board issued and advertisement on 29.9.2000 for the post of Assistant Teacher(Primary) Hindi for recruitment respondent No.1 Corporation.The petitioners who are ex-servicemen applied for the post as they alleged that theypossessed the requisite qualifications. The petitioners appeared in the written test and the petitioners were selected in pursuance to the result declared on 12.8.2001.The letters offering appointment were sent to the other candidates but not to the petitioners. The petitioners have thus approached this Court through the present writ petition.3. The contention of the learned Counsel for the respondent is that the petitioners did not fulfill the criteria as per the recruitment rules to the post of Primary Teachers. Essential qualifications are mentioned as under:'Essential: (a)(i) Higher Secondary pass of a recognised Board/University with an elec...


Feb 11 2002

Commissioner of C. Ex. Vs. Mahavir Metal Works

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Feb-11-2002

Reported in: (2002)(82)ECC319

1. This appeal has been filed against the impugned order-in-appeal dated 17-7-2001 of the Commissioner (Appeals) vide which he has reversed the order-in-original dated 9-3-2001 of the Addl. Commissioner who ordered for the confiscation of the goods, confirmed the duty demand and imposed penalty on the respondents, as detailed in the order itself.2. The only issue involved in the present appeal is, as to whether redrawing of copper wire of less than 6 mm from the copper rods amounts to manufacture or not. The Commissioner (Appeals) has by relying upon the decision of the Tribunal in the case of Kejriwal Enterprises and Ors. v. CCE, New Delhi [2001 (131) E.L.T. 226 (T) = 2001 (42) RLT 651 (T)] and also in the case of Technoweld Ind. v. CCE, Final Order No.85/2000, dated 13-1-2000 which has been affirmed by the Apex Court also as reported in 2001 (131) E.L.T. A251, wherein it has been ruled that re-drawing of the copper of less than 6 mm from the copper rods did not amount to manufacture...


Feb 11 2002

Saru International Vs. Commissioner of Customs, New

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Feb-11-2002

Reported in: (2002)(142)ELT422TriDel

1. M/s. Saru International have filed this appeal being aggrieved by the order passed by the learned Commr. (Appeals). The learned Commr.(Appeals) in the impugned order held as under : "As discussed above 'finished leather1 is a stage where leather is finished to be ready for use for further process if necessary whereas patent leather is one step ahead and is a coated leather having lustrous mirror like surface ready for use for conversion into articles of leather. Therefore, the goods under import are not eligible for exemption under Notification No. 17/2001, dated 1-3-2001. I also observe that these goods were ordered by the appellant's buyers in USA according to their own specifications, that as an exporter of leather Apparels the benefit under Duty Drawback Scheme and DEPB scheme is available to the appellants. As regards the aspect of misdeclaration I find that the appellants have not declared the description of the goods correctly as it can be seen that the supplier of the goods...


Feb 11 2002

Sks Limited Vs. Commissioner of Central Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Feb-11-2002

Reported in: (2002)(142)ELT208TriDel

1. Shri K-K. Anand, learned Advocate, submitted that a penalty of Rs. 5 lakhs has been imposed on M/s. SKS Ltd- as they had taken the credit in their PLA on the date of depositing cheque in the bank and had removed the excisable goods by debiting in PLA though the cheque was realized on a subsequent date. He, further, submitted that there was delay of one or two days only by the bank in putting the stamp on TR-6 which does not mean that the duty was not credited to the Government account; that the duty stands credited to the Customs Department as soon as TR-6 challan along with the cheque is presented; that the Appellants lost their control over the documents, and therefore, it cannot be said that the goods were cleared without payment of duty; that in any case cheque has not been dishonoured. Finally, he submitted that in a subsequent matter where the total amount involved was Rs. 15 lakhs a penalty of Rs. 15,000/- was only imposed by the Asstt. Commissioner under Adjudication Order ...


Feb 11 2002

Commissioner of Central Excise, Vs. Om Finishers

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Feb-11-2002

Reported in: (2002)(142)ELT396TriDel

2. The stay application is dismissed being without merit. With the consent of learned JDR, we proceed to decide the appeal on merits. None has come present on behalf of the respondents, in spite of service of notice.3. This appeal has been filed by the Revenue against the impugned order-in-appeal of the Commissioner (Appeals) dated 29-6-2001 vide which he has reversed the order of the adjudicating authority and allowed the benefit of exemption Notification No. 65/87, dated 1-3-1987 to the respondents.4. The respondents are engaged in the processing of man-made shawls.They had been clearing the shawls as ready to use articles without sewing or other working under exemption Notification No. 65/87. The show cause notice, however, was served on them by alleging that they were, in fact, engaged in the processing of man-made fabrics of 180 cms width i.e. double the width of 90 cms. of shawl by leaving a fringe and the processed fabrics were cut into two pieces having equal width.Those shawl...


Feb 11 2002

Indian Bank Vs. Ajay India and ors.

Court: DRAT Delhi

Decided on: Feb-11-2002

Reported in: II(2003)BC54

1. This appeal is against order dated 30.6.1999 passed by DRT, Delhi in O.A. No. 67/95, Indian Bank v. Ajay India and Ors.2. By the impugned order, a final order has been passed in the aforesaid O.A. and adecree of Rs. 35,57,268.94 has been passed.However, in the circumstances mentioned in affidavits filed before the Tribunal, pendente life interest has been waived and future interest has been awarded @ 12% p.a. till realization of the entire amount. By the impugned order, it has been directed that the decretal amount shall be paid in 16 equal quarterly instalments and in the event of failure on the part of the defendants, the entire amount shall become payable immediately along with contractual rate of interest. According to the impugned final order, the instalments shall commence from 1.9.1999. The appellant Bank is aggrieved with the impugned order and the same has been challenged on the following three points, namely-- 2. the pendente lite interest should not have been waived and ...


Feb 11 2002

Glaxo India Ltd. and anr. Vs. Drug Laboratories

Court: Delhi

Decided on: Feb-11-2002

Reported in: 2002VIIAD(Delhi)589; 97(2002)DLT84; 2002(25)PTC105(Del)

J.D. Kapoor, J. 1. The plaintiff is the owner of registered trade mark GLAXO of Glaxo India Limited Company incorpoorated under the laws of England. Glaxo is one of the world's leading research based pharmaceutical companies. The plaintiff is one of the main respective 10 companies of India who have residual reputation of trade mark GLAXO. After from this the plaintiff has been using the mark GLAXO in a special manner which has an artistic work within the meaning of Section 2(c) of the Copy Right Act which encompasses painting, a sculpture, a drawing, engraving or a photograph etc. 2. It is averred that during the fourth week of July 2000 the plaintiff came across a medicine namely ORTHODE manufactured and marketed by the defendant. On the said product it was written that the 'product is cooperated by Glaxo Ayurvedic Limited'. In the price list also the defendants have been using the said trade mark GLAXO with effect from 1st April, 2000. According to the plaintiff he has got no compan...


Feb 11 2002

Gh-13, Paschim Vihar Dda (Sfs) Flats Vs. Municipal Corporation of Delh ...

Court: Delhi

Decided on: Feb-11-2002

Reported in: 2002IIIAD(Delhi)73

A.K. Sikri,J.1. This writ petition is filed in public interest by the petitioner which is a society registered under the Society Registration Act. The petitioner is an association of the residents of GH-13, Paschim Vihar, New Delhi. Adjacent to this colony is Jwalapuri which houses PVC market. The divide between petitioner's colony and Jwalapuri is a road of 40 ft. width. The grievance of the petitioner is that in contravention of Master Plan of Delhi and Zonal Plan of the area residential line in Jwalapuri is being misused for commercial purposes and illegal and unauthorised structures have come up. The occupants of these structures who are doing commercial activities and dealing with PVC for manufacturing and trading purposes are expanding their activities in the area although it is hazardous activities. It is also stated in the petition that from May, 1990 till the filing of the writ petition in 1996, six major incidents of fire have occurred which have not only affected the people ...


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