Delhi Court August 2007 Judgments
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Janta Travels (P) Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Aug-20-2007
Reported in: (2008)12STT279
The appellant is an Air Travel Agent. The commission received on the sale" of air tickets is liable to service tax. The appellant had been discharging the tax liability also. Further, on account of cancellations, wherever tax already paid became not payable, the appellant was taking adjustments of the tax paid on such cancelled tickets, towards tax payable for subsequent periods. Under the impugned order, such adjustments remain disallowed and tax demand of about Rs. 3 lakhs along with penalties imposed.2. The submission of the Id. Counsel for the appellant is that the order is contrary to the circular dated, 26-6-1997 of the Board which specifically permitted the said adjustment. It is also being pointed out that the present order is contrary to the view taken in the appellant's own case in jurisdiction of Jaipur (Order No. 128/06 dated 28-2-2006 [2006 (4) S.T.R. 248 (Commr. Appl.)]. As regards the services rendered by air travel agents, the person responsible for collecting the serv...
Yonex Kabushiki Kaisha Vs. Phillips International and anr.
Court: Delhi
Decided on: Aug-20-2007
Reported in: LC2007(3)228; 2007(35)PTC345(Del)
A.K. Sikri, J.1. By means of this application filed under Order 39 Rules 1 and 2 of the Civil Procedure Code. The plaintiff is seeking ad-interim injunction whereby the plaintiff intends to restrain the defendant from manufacturing, marketing, advertising and in any manner dealing in goods or services using the mark/name YONEKA or any other mark/name which is allegedly identical or deceptively similar to the plaintiff's trademark YONEX. The plaintiff, M/s. YONEX Kabushiki Kaisha, is a company incorporated under the laws of Japan and claims that it is world leader in the field of manufacturing and marketing of sports equipment primarily Badminton, Tennis and Golf. Yoneyama Company, the plaintiff's predecessors in business, evolved into the manufacturing of badminton racquets in 1957 and attained huge success. In 1969, it diversified into the tennis racquet. In 1973, the plaintiff changed their company and brand name to YONEX and also adopted a unique and distinctive appearance for the g...
Ashok Kumar Aggarwal Vs. Central Bureau of Investigation and anr.
Court: Delhi
Decided on: Aug-20-2007
Reported in: 2007(98)DRJ80
A.K. Sikri, J.1. We are concerned, in the present petition, with the validity and propriety of order dated 7.9.2001 passed by the Special Judge, Tis Hazari, Delhi, in the proceedings initiated by the Central Bureau of Investigation (for short, 'CBI') and pending before him under Section 120B read with Sections 193/467/471/342 of the Indian Penal Code (hereinafter referred to as 'IPC'). Two persons who are arraigned as accused persons in these proceedings are Mr. Ashok Kumar Aggarwal and Mr. Abhishek Verma. The respondent No. 2 had moved a petition on 18.7.2000 seeking his pardon. CBI, namely the prosecution, had no objection for grant of pardon to the respondent No. 2. The petitioner herein, who is the co-accused in the said proceedings, however, strenuously opposed the said application. The Special Judge, after hearing the parties, passed the impugned order dated 7.9.2001 allowing the application and tendering pardon to the respondent No. 2. Feeling aggrieved and visibly upset by this...
Department of Customs Through Shri Mukesh Kumar, Air Customs Officer V ...
Court: Delhi
Decided on: Aug-20-2007
Reported in: 2007(218)ELT667(Del)
V.B. Gupta, J.1. Department of Customs has filed this Petition under Section 482 of Cr.P.C. for setting aside orders dated 29th September, 2006 and 13th October, 2006, passed by Additional Chief Metropolitan Magistrate, New Delhi.2. As per case of the petitioner, on 28th September, 2005, the officers of Customs, recovered and seized 12925 Euros, which had been concealed in the various pockets of trousers found in the suit case from the baggage of respondent No. 2 and 23,185 Euros from the baggage of respondent No. 1 from the various trousers found in the said suit case.3. On 26th April, 2006, respondent No. 1 moved an application for release of the goods and after hearing, the ACMM passed an order on 29th September, 2006 that goods recovered from the personal search, which are not liable to confiscation be released to the accused.4. thereforee, on 9th October, 2006, the petitioner moved an application for recalling of the order dated 29th September, 2006 of release of wearing apparels ...
Virender Singh Vs. Mcd
Court: Delhi
Decided on: Aug-20-2007
Reported in: 2008(2)SLJ262(Delhi)
Hima Kohli, J.1. By way of the present petition, the petitioner has sought issuance of a writ in the nature of mandamus to the respondent Municipal Corporation of Delhi (MCD), directing it to consider the case of the petitioner for being appointed on compassionate grounds, and upon consideration of the same, to grant him such an appointment.2. Briefly narrated, the facts of the case are that the father of the petitioner who was working as a Mali with the Horticulture Department of the respondent MCD, died in harness on 30th December, 1999, leaving behind his wife, a son, that is the petitioner herein, and a daughter (who has since expired). On 22nd April, 2003, the petitioner along with his mother and sister received the terminal dues of his father, pursuant to a succession certificate issued by the Civil Judge, Aligarh, wherein the petitioner was declared as the legal heir of the deceased workman and he was held entitled to receive one third of the terminal dues of his father. In the ...
Hari Gopal Wadhwa and anr. Vs. State
Court: Delhi
Decided on: Aug-20-2007
Reported in: I(2008)DMC88
Pradeep Nandrajog, J.1. Petitioners are the father-in-law and the mother-in-law of the deceased Manisha. She was married to Amit, son of the petitioners on 10.12.2001. She died an unnatural death on 26.3.2007. It has been opined to be a case of suicide.2. FIR has been registered on basis of statement made before the Sub-Divisional Magistrate by Devender Pal, father of the deceased.3. In his statement before the learned SDM, Devender Pal Singh stated that his daughter was being continuously harassed for dowry. That his daughter came under mental stress due to persistent harassment. That his daughter used to be beaten.4. The statement is in question-answer form. It reads as under:Q. What is your name?Ans. Devender Pal Singh.Q. What's your relation with deceased Manisha?Ans. She was my elder daughter.Q. When was Manisha married?Ans. She was married on 10.12.2000. Manisha has a daughter aged about 3 years.Q. Was the marriage of Anil and Manisha arranged or love marriage?Ans. It was an arra...
Anand Kumar Tripathi Vs. State
Court: Delhi
Decided on: Aug-20-2007
Reported in: 2007(98)DRJ631
Pradeep Nandrajog, J.FIR No. 428/2007 dated 5.6.2007, Under Section 420 IPC, PS. Shakar Pur.1. Petitioner seeks anticipatory bail in the above captioned FIR. S.I. Shams-ud-din the investigating officer is present in court with the record of investigation.2. Before dealing with the matter in issue, I must record my displeasure at the way learned ASJ has dealt with the application seeking anticipatory bail filed by the petitioner.3. Needless to state, the warm and loving hands of a Judge are the only true guarantee of preserving the life and liberty of the citizens. When these hands turn cold, the first casualty is Article 21 of the Constitution of India.4. The FIR has been registered on being forwarded by the Union Minister of Water Resources. The complainant is one Ishrat Tasleem Shah.5. In the complaint made to the Minister, complainant states that he is trading under the name Marvlex Trading Company and is based in Srinagar. He states that his company deposited Rs. 5 lac with a compa...
Sanjib Ghose Roy Vs. G.S. Arora and ors.
Court: Delhi
Decided on: Aug-20-2007
Reported in: 2008CriLJ1962
S. Ravindra Bhat, J.1. This is a complainant's revision against the order of the Additional Sessions Judge (hereafter 'ASJ'). By that order, dated 14-5-2005, the ASJ set aside two orders of the learned Metropolitan Magistrate ('the trial court'). The trial court, by the first order dated 25-7-2003 had allowed an application under Section 311 and summoned an additional witness. After her examination, by the second order, dated 14-5-2004, it issued an order under Section 319, Criminal Procedure Code, summoning Shri G.S. Arora, and also observed that the accused Rattan Singh appeared to have been involved in committing offences under Section 304, Indian Penal Code (IPC).2. The facts of the case are that in execution proceedings for enforcement of a decree, warrants of attachment of movable and immovable properties of judgment, debtor Sh. Chiranjit Roy were issued by the court of Addl. Distt. Judge. The decree holder was G.S. Arora, respondent before this Court. The warrant of attachment w...
Convenience Enterprises Pvt. Ltd. and ors. Vs. Ozo Media Estate Ltd.
Court: Delhi
Decided on: Aug-20-2007
Reported in: 2008(2)ARBLR551(Delhi)
ORDER1. This appeal arises out of an order passed by a learned Single Judge of this Court whereby an application filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996 has been dismissed.2. In terms of a collaboration agreement dated 14th July, 2006 executed between the parties, respondent-M/s. Ozo Media Estate Ltd. was to undertake development and construction of what was to be called the 'Panipat Highway Resort' upon a plot of land admeasuring 21,901 sq. yards, fully described in the body of the agreement aforementioned. The agreement, inter alia, provided that in the event of any dispute and/or difference arising between the parties in respect of the proposed project, the same shall be settled by mutual consent and failing such a settlement through arbitration by the sole arbitration of Shri R.C. Beri, Advocate in accordance with the provisions of Arbitration and Conciliation Act, 1996. The arbitration clause reads:35. The parties hereto agree that if a...
Employees State Insurance Corporation Vs. Budh Raj (Decd.) thr' Lrs.
Court: Delhi
Decided on: Aug-20-2007
Reported in: [2008(116)FLR486]; (2008)ILLJ901Del
Hima Kohli, J.1. The respondents were proceeded ex parte, vide orders dated July 14, 2006. The writ petition is listed today for final disposal.2. The present writ petition is directed against the award dated February 10, 2005, passed by the Central Government Industrial Tribunal Cum Labour Court-II (CGIT) in L.C.A. No. 60/2000 whereunder, the petitioner was directed to make a payment of Rs. 1,00,000/- to Ms. Raj Rani, the widow of the deceased respondent workman within two months from the date of the order.3. It is stated by counsel for the petitioner that the aforesaid award is erroneous as the parties were not granted any opportunity for adducing their evidence and in fact no date was fixed in the main case for the reason that the application filed by the respondents for substitution of their name in place of the deceased workman was still pending.4. The Trial records were summoned. A perusal of records shows that when the impugned award came to be passed, the matter was at the stag...
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