Delhi Court October 2003 Judgments
international Tobacco Co. Ltd. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-29-2003
Reported in: (2004)(165)ELT314TriDel
1. The issue involved in this appeal, filed by M/s. International Tobacco Ltd., is whether duty of excise is payable by them on waste and scrap of paper generated during the manufacture of cigarettes.2. Shri B.L. Narasimhan, learned Advocate submitted that the appellants manufacture tobacco and cigarettes and during the process of manufacturing, they use modvatable inputs such as cigarette paper, filter road, shells, slides of paper board; that during the process of manufacturing cigarettes, some inputs get deformed, torn, wet and soiled and become unusable and are rejected; that in case of shells the printing design or colour scheme or positioning of letters/words changes hand, therefore, the shells become unusable; that similarly, the slides also become unusable if the month of packing marked on it or the maximum retail price marked on it changes; that the Dy.Commissioner, under the Order-in-Original No. 16./2002 dated 7.6.2002, demanded the duty holding that the waste and scrap of ...
Tag this Judgment!Sstate Vs. Mohd. Afzal and ors.
Court: Delhi
Decided on: Oct-29-2003
Reported in: 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669
Pradeep Nandrajog, J. PREFACE 1. Every criminal trial is a voyage of discovery in which truth is the quest. The journey, in the present case, has been navigated by the Designated Judge of the Special Court constituted under Section 23 of the Prevention of Terrorists Activities Act, 2002 (hereinafter referred to as POTA). In the Murder Reference and the connected appeals arising out of the judgment dated 16.12.2002, we are called upon to decide the legality and validity of the trial as also the sustainability of the judgment pronounced by the Designated Judge of the Special Court, POTA. By the impugned judgment, the learned Designated Judge has held that the prosecution has successfully brought home the charge of conspiracy against accused Nos. 1 to 3, for having entered into a conspiracy with the 5 slain terrorists who had attacked Parliament House on 13.12.2001 along with Mohd. Masood Azhar, Gazi Baba @ Abu Zehadi @ Abu Seqlain and Tariq Ahmed, all Pakistani nationals (declared as pro...
Tag this Judgment!Radhey Shyam Gupta Vs. Union of India (Uoi)
Court: Delhi
Decided on: Oct-29-2003
Reported in: 2003VIIAD(Delhi)481; 107(2003)DLT696; 2003(71)DRJ608
B.C. Patel, C.J.1. By filing this petition in the year 2001, the petitioners have in effect prayed to quash and set aside the acquisition proceedings initiated by notification dated 16.6.1998 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) as also declaration dated 23.6.1998 under Section 6 of the Act.2. Before embarking on the issues involved, let us point out at the outset that the same notification was impugned by some other petitioners in CWP No. 4260/98. A Division Bench of this Court while upholding the Notification dismissed the said writ petition. Normally calling the said detailed judgment dated 10.2.2003, a copy of which is placed on record by the respondents, this writ petition should have been dismissed straightway. However, learned counsel for the petitioner made an attempt to demonstrate that the aforesaid judgment of the Division Bench did not decide the issue in right perspective and made a fervent appeal for reference of the matte...
Tag this Judgment!In Re: Dcm Limited; in Re: Dcm Recision Engg. Limited
Court: Delhi
Decided on: Oct-29-2003
Reported in: 108(2003)DLT181; [2004]50SCL585(Delhi)
Mukul Mudgal, J. 1. The company petition, CP.No.247 of 2000 has been filed on behalf of the transferor company, DCM Ltd., under Sections 391 to 394 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), praying for sanctioning of the Scheme of Restructuring and Arrangement between the Petitioner/Transferor Company and the Transferee Company, DCM Precision Engineering Ltd. Company Petition No.248 of 2000 has been filed on behalf of the transferee company. Upon the scheme being sanctioned by this Court, the DCM Limited seeks to restructure and revive itself and also repay its creditors across the Board by restructuring their debts. The present scheme is for restructuring of the company and for compromise with all the creditors of the company. In December, 1999, applications, CA 1742/1999 and 1743/1999 were filed by the DCM Limited(transferor company) and DCM Precision Limited respectively for convening the meetings of shareholders and creditors of the companies for approving ...
Tag this Judgment!Col. J.P.S. Mahla Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Oct-29-2003
Reported in: 110(2004)DLT372; 2004(3)SLJ354(Delhi)
Pradeep Nandrajog, J.1. Aggrieved by the judgment and order dated 17.12.1999 dismissing the writ petition filed by him, appellant has filed the present appeal. 2. In the writ petition, prayer made was that the order dated 1.10.1999 and 8.10.1999 be quashed. The order dated 1.10.1999 directed that the movement order in respect of the appellant as Director Frieswal Project, on permanent posting be cancelled and appellant was required to move to his new post in his present rank. By order dated 8.10.1999 it was directed that the appellant should amend the casualty order and that the appellant should indicate that he has assumed the appointment of Director in the Military Farm Frieswal Project in the rank of Lt. Colonel. 3. In brief, case of the appellant is that on being considered for promotion to the rank of Colonel from the rank of Lt. Colonel, appellant's promotion was approved and on 12.4.1999 posting/promotion order was issued. The order contained the following direction:- 'IC-39027N...
Tag this Judgment!Colgate Palmolive Company and anr. Vs. Anchor Health and Beauty Care P ...
Court: Delhi
Decided on: Oct-29-2003
Reported in: 2003VIIIAD(Delhi)228; 108(2003)DLT51; 2003(27)PTC478(Del); 2004(1)RAJ214
J.D. Kapoor, J.1. Through this application under Order 39 Rule 1 & 2 CPC the plaintiff seeks ad interim injunction against the use of trade dress and colour combination of one third red and two third white, in that order, on the container of its product viz. Tooth Powder as by adopting the similar trade-dress particularly the colour combination of 'red and white' thedefendant has committed offence of 'passing off' goods of plaintiff as its own. There is no dispute as to the trade names as these are distinct and have no kind of similarity whatsoever. Plaintiff's trade name is 'Colgate' and that of defendant is 'Anchor'. Relevant facts need to be capitulated in brief. 2. Plaintiff No. 1 is a company incorporated under the laws of United States of America having its principal office at Newyork. Plaintiff No. 2 is a public limited company having its registered office at Mumbai. Plaintiff No. 1 is the proprietor of the trademark 'Colgate' whereas plaintiff No. 2 is the registered or license...
Tag this Judgment!In Re: Dcm Limited; in Re: Dcm Data Systems Limited
Court: Delhi
Decided on: Oct-29-2003
Reported in: 109(2004)DLT361
Mukul Mudgal, J. 1. These petitions filed by DCM Data Systems Ltd., the transferor company/petitioner in CP.No. 310 of 2000 and DCM Limited, transferee company/petitioner in CP.No. 309 of 2000 before this Court under Section 391 to 394 of the Companies Act (hereinafter referred to as 'the Act') seek the sanctioning of the Scheme of Merger/Amalgamation of the DCM Data Systems Limited, a 100% subsidiary of DCM Ltd., with DCM Limited itself. Upon permission for merger being granted by this Court, the DCM Limited is expected to garner Rs. 28.5 crores of cash balance as well as running IT business which will boost its creditors and shareholdeRs. Upon the proposed scheme having been sanctioned by the Court, the IT business will be the principal business of the DCM Ltd. In May, 2000, an application, CA 819/2000 was filed by the DCM Limited(transferor company) for convening the meetings of shareholders and creditors of the company for approving the Scheme of Merger/Amalgamation. 2. As per the ...
Tag this Judgment!Deepak Lamba and anr. Vs. Delhi Development Authority
Court: Delhi
Decided on: Oct-29-2003
Reported in: 108(2003)DLT440
Sanjay Kishan Kaul, J. 1. Rule. 2. With the consent of learned Counsel for the parties, the petition is taken up for final disposal at this stage. 3. A perpetual sub-lease deed dated 19.10.1966 was executed in favor of late Smt. Vidya Wanti Lamba in respect of plot No. N-85, Panchsheel Park, New Delhi measuring 1200 sq. yds. Smt. Lamba passed away on 30.09.1981 and prior to her death, she had executed a Will dated 31.5.1980. In terms of the said Will, the property in question devolved on two of her sons, namely, S/Shri Raj Kumar Lamba and Deepak Lamba, though she was survived by four sons and two daughters. 4. In terms of Clause (6)(a) of the sub-lease deed, in case of sale, transfer or assigning of the property in question, 50% unearned increase was chargeable. However, in the event of death of a sub-lessee, a separate provision was made in Clause (10) for mutation of the property in favor of the legal heirs. The said Clause (10) is as under: '(10). Whenever the title of the Sub-lesse...
Tag this Judgment!Super Fine Meat Suppliers Vs. Bharat Hotels Ltd.
Court: Delhi
Decided on: Oct-29-2003
Reported in: 108(2003)DLT542
ORDERMukundakam Sharma, J.1. This petition is filed by the petitioner praying for an order of winding-up of the respondent company on the ground that the respondent is indebted to the petitioner and that the respondent has refused and/or neglected to pay the dues of the petitioner in spite of the demand notice served on it. 2. The petitioner entered into an agreement on 1.6.1997 with the respondent for supply of mutton to the respondent for a period of 12 months at the agreed rate as mentioned in the agreement. The said agreement was valid from 1.6.1997 to 31.5.1998. At the time of entering into an agreement the petitioner deposited a sum of Rs. 1.25 lacs towards security with the respondent. Clause 2.6 of the said agreement has relevance to the facts of the present case wherein it was stipulated that the respondent acknowledges receipt of the aforesaid amount of Rs. 1.25 lacs towards security deposit. It was also stipulated therein that subject to the satisfactory conclusion of the af...
Tag this Judgment!Dalip Kumar Vs. State of Delhi
Court: Delhi
Decided on: Oct-29-2003
Reported in: 111(2004)DLT500
Pradeep Nandrajog, J.1. Dalip Kumar, appellant in Crl. A. No. 690/2001 Along with his three brothers Sanjeev Kumar, Rajesh Kumar, Ashok Kumar, the three appellants in Crl.A. No. 694/2001 were charged as under:'That on 13.5.1997 at about 8.45 p.m. in the lane No. 3 in front of Shop of Dr. V.P.S. Pawar, B Block, J.J. Colony within the jurisdiction of Police Station Inderpuri, you all in furtherance of your own common intention committed the murder by intentionally or knowingly causing the death of Bhim Sen and thereby you committed the offence punishable under Section 302 read with Section 34, IPC and within my cognizance.And I, hereby, direct that you all be tried by this Court on the aforesaid charge.'Signed ASJ/N. Delhi27.10.1998 Appellant pleaded not guilty and claimed trial.2. Substance of the case of the prosecution against the appellant is that Johri Lal was a resident of house No. D 214, J.J. Colony, Inderpuri. The accused along with their father Sh. Hari Chand residing in the ne...
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