Delhi Court November 2003 Judgments
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Vaishnoo Dass Khanna Vs. State (Govt. of Nct of Delhi) and ors.
Court: Delhi
Decided on: Nov-04-2003
Reported in: 2003(71)DRJ428
J.D. Kapoor, J. 1. The impugned order passed by the SDM is not in consonance with the provisions of Section 145, Cr.P.C. Whenever, the dispute as to the possession of property is brought to the SDM, he had to decide one way or the other. In the impugned order, the learned SDM has observed that because of contradictory claims of the parties, he is unable to decide which party was in possession of the subject of the property and, thereforee, he extended the order of attachment of the disputed property. The impugned order suffers from inherent infirmity and per se bad in law.2. In the result, petition is allowed. The impugned order is set aside with a direction to the learned SDM to decide in positive terms as to who was in possession of property in question at the relevant time. In the meantime, the acquisition proceedings shall be made in abeyance....
Sanat Products Ltd. Vs. Glade Drugs and Nutraceuticals Pvt. Ltd. and a ...
Court: Delhi
Decided on: Nov-04-2003
Reported in: 2003(27)PTC525(Del)
Mahmood Ali Khan, J.1. In a passing off action the plaintiff has filed an application is 8234/03 (Order 39, Rules 1 & 2 CPC) for grant of an interlocutory injunction order fur restraining the defendants from using the trademark 'REFORM' and from doing any other thing as may lead to confusion or deception resulting in passing off defendants' goods as those of the plaintiff sold under the trademark 'REFIRM'.2. Plaintiff is a company which is manufacturing and marketing a large number of pharmaceutical preparations for different diseases. Plaintiff manufactured medicine for osteoporosis and marketed it under the trademark 'REFIRM'. It also applied for this trademark to be registered in its name on 30.1.0.2001. By virtue of plaintiff's prior adoption of the trademark 'REFIRM' bona fidely the plaintiff had become proprietor thereof. It started marketing the medicinal preparation under this trademark in January, 2002. It has become best selling pharmaceutical preparation in its segment. Trad...
C. Subramaniam and ors. Vs. Union of India (Uoi) and anr.
Court: Delhi
Decided on: Nov-04-2003
Reported in: 2004(73)DRJ196; 2004(3)SLJ145(Delhi)
D.K. Jain, J.1. By this writ petition under Article 226 of the Constitution of India, Class III and IV employees of this Court seek a direction to the two respondents, namely (i) the Union of India through the Secretary, Ministry of Personnel, Public Grievances and Pensions and (ii) the Registrar General of this Court, to adopt and implement the Assured Career Progression Scheme ( for short ' ACP Scheme'), notified by the Government of India, vide their Office Memorandum dated 9 August 1999.2. In the reply affidavit filed on behalf of the High Court, it is stated that upon consideration of the grievance of the petitioners, the Administrative Committee of the High Court had recommended that the ACP Scheme should be adopted and implemented as it had already been implemented in the Supreme Court as also the Subordinate Courts. To work out the modalities, a Screening Committee of Officers was constituted. The Screening Committee reported that till the pay scales, in which financial upgradi...
Bhupender @ Gora Vs. Nct of Delhi (State)
Court: Delhi
Decided on: Nov-04-2003
Reported in: 112(2004)DLT948
ORDERS.K. Agarwal, J.Crl. M(M) No. 3262/2003:1. This is a petition under Section 439, Cr.P.C. for grant of bail to the petitioner incase FIR No. 320/2002 under Sections 302/323/147/148/149, IPC, P.S.Samai Pur Badli.2. After investigations, challan has been filed. Petitioner was not named as the assailant in the FIR. On 26.5.2002 a supplementary statement of the complainant, was recorded in which the complainant stated that the knife blow was given not by Sonu but by Bhupender, the petitioner herein. Learned Counsel for the petitioner submits that there is no other evidence against the petitioner except the supplementary statement. Learned Counsel further submits that the complainant has inserted two new names including the name of the petitioner in the supplementary statement. Learned Counsel also submits that the petitioner is a young boy of 21 years having clean antecedents; he has not been involved in any case. The factual narration is not contested by the learned APP. He however su...
Bharat Bhushan (Huf) Vs. Addl. Cit
Court: Delhi
Decided on: Nov-04-2003
Reported in: (2004)91TTJ(Del)82
ORDERK.C. Singral, J.M.:This appeal is directed against the order of CIT, dated 4-1-2002, under section 263 pertaining to. Assessment Year 1993-94., The issue arising out of this appeal relates to the validity of the jurisdiction assumed by the CIT.2. Brief facts of the case giving rise to this appeal are these : Original return of income was filed on 31-3-1996 declaring income of Rs. 2,66,008 which consisted of business income nil, property income at Rs. 8,356 and income from other sources at Rs. 2,62,652, agricultural income at Rs. 2,000. The assessed by way of annexures annexed along with the return, stated that the assessed's alleged land situated at village Dasna and Sadarpur were subject to acquisition. The said amounts were received as under:Date of depositAmount deposited in the courtCompensation amountInterest amount8-6-1992 15,28,945 13,96,567 1,32,37820-8-1992 4,95,503 --4,95,50319-1-1993 8,77,082 5,64,115 3,12,849 29,01,531 19,60,682 9,40,849The said amounts were not offere...
Mrs. Updesh Kaur and ors. Vs. Jagram and ors.
Court: Delhi
Decided on: Nov-04-2003
Reported in: III(2004)ACC106
S.K. Mahajan, J.1. This appeal is filed by the appellants for enhancement of compensation awarded by the Motor Accident Claims Tribunal for the death of Mr. Raghubir Singh Kohli, husband of appellant No. 1 and father of appellants 2 and 3. The petition claiming compensation was originally filed by the widow, father, mother and minor sons of the deceased on the ground that the deceased had died in a road Accident caused by the rash and negligent driving of the offending vehicle by its driver. The Tribunal on the basis of the evidence on record came to a finding that the Accident had taken place due to the negligence on the part of the deceased who was driving the scooter as well as on the part of the tempo driver. The Tribunal held both of them responsible for the Accident to the extent of 50% each. Taking the income of the deceased at Rs. 2,500/- per month and deducting 1/3rd from the same towards personal expenses of the deceased, the dependency to the family was taken at Rs. 1,650/- ...
Mukerian Papers Ltd. and Oswal Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-03-2003
Reported in: (2004)(92)ECC152
1. In these two appeals, arising out of two Orders-in-Original, the common issue involved is whether the Central Excise duty is payable by the appellants in respect of paper manufactured by them.2. Shri Jagmohan Bansal, learned Advocate, submitted that both the appellants manufacture writing paper and printing paper; that under Notification No. 6/2000-CE dated 1.3.2000, full exemption from payment of duty was provided in respect of first clearance of 210 MT for the month of March, 2000 and 35000 MT for the whole financial year of 2000-2001; that the appellants cleared 3500 MT paper and paper board without payment of duty during the period from 1.4.2000 to June/July, 2000, availing the benefit of exemption under Notification No.6/2000-CE; that they did not take Cenvat credit on inputs during the said period; that after availing the exemption, as provided under the Notification, they cleared the goods on payment of duty after availing the Cenvat Credit; that the Commissioner, under both...
Pick Pack Flavours Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-03-2003
Reported in: (2004)(91)ECC65
1. The instant appeals relate to the demands of Additional Duty of Excise (in lieu of Sales Tax) (A.E.D. for short) in respect of chewing tobacco cleared by the appellants during the period June 1997 to October 1998 and for March 1998. The appellants plead that they were not liable to the said duty on account of exemption from A.E.D.introduced with effect from 7.5.97 by Notification No. 28/97-CE dated 7.5.95.2. We have perused the contents of the said notification. The said notification provides full exemption from A.E.D. to chewing tobacco in following terms "Chewing tobacco and preparations containing chewing tobacco, other than those bearing a brand name, which are exempt from the whole of duty of excise vide Notification No. 16/97-Central Excise dated the 1st April, 1997." The impugned demands in this case relate to that quantity of unbranded chewing tobacco which is not fully exempt from basic excise duty under Notification No, 16/97-CE dated 1.4.97. Under Notification No. 16/97-...
Amit Ayurvedic and Cosmetic Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-03-2003
Reported in: (2004)(169)ELT306TriDel
1. The issue arising in this appeal is whether the appellant's product Parachute Dandruff Solution Coconut Hair Oil should be classified under sub-heading 3305.10 as "perfumed hair oil" or under sub-heading 3305.99 as "other".2. The appellant places reliance on Note 2 to Chapter 33 and submits that the pharmaceutical or antiseptic constituents in its product is having only subsidiary curative or prophylactic value. Therefore, it will not come under sub-heading 3305.99.3. Ld. Counsel for the appellant relies upon decision of the Tribunal in the case of Vasu Pharmaceutical Pvt. Ltd. reported in 1999 (111) E.L.T. 625. Ld. DR in support of the alternate contention that if the Revenue's contention is accepted the product cannot be brought under Chapter 33 but 30.4. We find prima facie merit in the contention made by the appellant before us. We, therefore, dispense with the condition for pre-deposit and there will be a stay of collection of demand. Appeal to come up for hearing on 15-1-2004...
Nirmala Gupta and ors. Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Nov-03-2003
Reported in: 2004IAD(Delhi)113; 108(2003)DLT75; 2004(72)DRJ307
R.S. Sodhi, J.1. R.S.A. 80 of 1993 is directed against the judgment and order of the Additional District Judge dated 4.2.1989 in R.C.A. No. 22 of 1989 whereby the learned Judge, in appeal preferred against the judgment and decree of the Civil Judge dated 21.12.1988 dismissing the suit of the plaintiff, has dismissed the appeal.2. This case has been pending in this court since 1993 when the matter was admitted confined to the question - Whether notice under Section 343 of Delhi Municipal Corporation Act ought to have been served on all the owners of the property responsible for construction or not? The matter has previously come up for hearing on thirty-seven occasions. When finally the matter was heard on October 28, 2003 and judgment reserved, counsel for the parties were given opportunity to file written synopsis within two days, if they so chose. Counsel have exercised their discretion and not filed anything within the stipulated period.3. This is a typical case where an unauthorise...
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