Delhi Court August 2009 Judgments
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Reebok India Company Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Aug-31-2009
Reported in: 162(2009)DLT475; 2009(242)ELT207(Del)
Sanjiv Khanna, J.1. The petitioner, M/s. Reebok India Company has filed the present Writ Petition for declaration that the provisions of Standards of Weights and Measures Act, 1997 (hereinafter referred to as SWM Act, for short) and Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (hereinafter referred to as SWM Rules, for short) are not applicable to them. The petitioner has also prayed for direction to release goods seized for the alleged violation of SWM Act and SWM Rules vide seizure memo dated 17th July, 2006. By the aforesaid seizure memo, the respondent No. 3- Inspector of Legal Metrology, Government of NCT of Delhi had seized a pair of footwear with the label which did not mention that the maximum retail price was inclusive of all taxes. By another notice the petitioner was asked to inform whether they would like the offence of incorrect labeling to be compounded under Section 65 of the SWM Act. The said footwear was imported by the petitioner from Vietnam a...
Sudhir Sharma Vs. National Gandhi Museum
Court: Delhi
Decided on: Aug-31-2009
Reported in: 173(2009)DLT363
S.N. Aggarwal, J.1. The petitioner in this writ petition has prayed for issuance of a writ of mandamus or any other appropriate writ or directions against the respondent and to declare the order of his compulsory retirement passed by the respondent on 16.09.2004 as non-est and inoperative as no approval was taken by the respondent from the Industrial Tribunal-III under Section 33(2)(b) of the the Industrial Disputes Act, 1947 in a pending industrial dispute in I.D. No. 63/2004. The petitioner has also prayed for consequential directions against the respondent directing it to reinstate him in service with full back wages and other benefits w.e.f. 16.09.2004.2. Briefly stated the facts of the case relevant for the disposal of this writ petition are that the petitioner was appointed as a Museum Assistant in the National Gandhi Museum of the respondent on 02.01.1997. On 14.06.2002, the Director of the respondent had abolished the option for the employees of the respondent for compensatory ...
Mr. Craig Allen Coates S/O Mr. Roger MarvIn Coates and Vs. State Throu ...
Court: Delhi
Decided on: Aug-31-2009
Reported in: 162(2009)DLT605
V.B. Gupta, J.1. Appellants have filed present appeal against judgment dated 18th December, 2008, passed by District Judge-III (West), Delhi, vide which their petition under Section 7 & 26 of Guardians and Wards Act, 1890 (for short as 'Act') was dismissed.2. Brief facts are that, appellants are American nationals and were married on 19th May, 1984. From their wedlock, they have three children, namely, Scott aged 21 years, female child Kacie aged 19 years and male child Jesse aged 16 years old.3. It is stated that appellants are medically and physically fit and healthy and they have a strong desire to adopt another minor male child in order to further expand their family.4. Appellant No. 1 is working as a Transaction Processor with U.S Bank and his salary per hour is $8.29 while, appellant No. 2, is working as Nursing Supervisor with Preferred Home Health Care and her current annual income is $43,680. Both enjoy high status and sufficient means of livelihood.5. Respondent No. 2 is a re...
Master Rahul Seth (Minor) Vs. Mount Carmel School and anr.
Court: Delhi
Decided on: Aug-31-2009
Reported in: 176(2009)DLT461
Anil Kumar, J.1. The petitioner seeks direction for quashing the impugned letters dated 27th July, 2009 and 30th July, 2009 and to direct the respondent No. 1 to allow the petitioner to join the classes and direction to respondent No. 2 to take action against the respondent No. 1 school. The petitioner was suspended for one month on account of persistent violation of dress code of wearing belt on the hips in an indecent manner. The father of the petitioner was given show cause notice and asked to give a personal assurance in writing that the disobedience will not be done by his son. Instead of showing remorse and counseling his son, the father of the petitioner threatened the Principal of the school and also called an SI of the police to the school and threatened with registration of a criminal case leading to indefinite suspension of the petitioner.2. The father of the petitioner, therefore, had filed a suit for perpetual/permanent injunction under Section 38 of the Specific Relief Ac...
Praveen Mittal Vs. Department of Environment, Govt. of Nct of Delhi
Court: Delhi
Decided on: Aug-28-2009
Reported in: 162(2009)DLT365
Badar Durrez Ahmed, J.1. This writ petition is directed against the clarification issued by the Department of Environment, Government of NCT of Delhi, New Delhi on 20.02.2009, with regard to the use of non-woven bags. The clarification was issued in the context of the earlier notification dated 07.01.2009, which was issued by the Lt. Governor of the National Capital Territory of Delhi, in exercise of powers conferred under Section 5 of the Environment (Protection) Act, 1986, read with Notification No. U-11030/J/91-UTL dated 10.09.1992 and in purported compliance of this Court's order dated 07.08.2008 in WP(C) 6456/2004 entitled Vinod Kumar Jain v. Union of India and Anr. The order dated 07.08.2008 passed by a Division Bench of this Court in Vinod Kumar Jain (supra) pertained to the use of plastic bags and the failure on the part of civic agencies with regard to solid waste management in Delhi. The said petition was filed in public interest. By the said order dated 07.08.2008, the writ ...
Commissioner of Service Tax Vs. Delhi Gymkhana Club Ltd.
Court: Delhi
Decided on: Aug-28-2009
Reported in: (2009)226CTR(Del)384; [2009]19STJ87(Delhi); 2009[16]STR129; [2009]22STT343; (2009)25VST285(Delhi)
A.K. Sikri, J.1. The appellant, namely, Commissioner of Service Tax, has preferred this appeal under Section 35 of the Central Excise Act, 1944 (hereinafter referred to as the Act). The impugned orders are passed by the Custom Excise & Service Tax Appellate Tribunal (for short, CESTAT'). Learned Counsel, who appeared for the respondents in CEAC No. 5/2007 challenged the maintainability of this appeal. Though nobody appeared for the respondents in the other appeal, since the question is about the maintainability of the appeal and the issue involved is the same, which is common to both the appeals, we took up both the appeals together. However, for the sake of convenience, we will take note of facts as they appear in CEAC No. 5/2009.2. The respondent in this case is Delhi Gymkhana Club Limited. It was served with three show-cause cum demand notices dated 24.6.2002, 3.7.2003 and 18.5.2004 respectively. Service tax in the sum of Rs. 22,93,564/-, along with interest payable till the date of...
Chemtura Corporation Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Aug-28-2009
Reported in: 2009(41)PTC260(Del)
S. Muralidhar, J. IA No. 6782/2009(Under Section XXXIX Rules 1 & 2 CPC) & IA No. 8372/2009 (Under Order XXXIX Rule 4 CPC) 1. IA No. 6782/2009 is an application by the Plaintiff under Order XXXIX Rules 1 and 2 CPC seeking an ad-interim ex parte injunction restraining the Defendant No. 1 from infringing the rights of the Plaintiff under No. 213608 (granted on January 9, 2008 by the Controller of Patents) by accepting the offer for sale of a side bearing pad assembly by the Consortium of which Defendants 2 to 4 are members. It also seeks an injunction to restrain Defendants 2 to 4 from making, manufacturing, using or offering for sale the side bearing pad assembly by infringing the Plaintiff's Patent. By an order dated 27th May 2009 this Court restrained Defendants 2, 3 and 4 and erstwhile Defendant No. 3 till the next date of hearing from infringing the patent rights of the Plaintiff and further restrained them from manufacturing, using or offering for sale any device in infringement of ...
icai Accounting Research Foundation and anr. Vs. Director General of I ...
Court: Delhi
Decided on: Aug-28-2009
Reported in: (2009)226CTR(Del)27; [2010]321ITR73(Delhi); [2009]183TAXMAN462(Delhi)
A.K. Sikri, J.1. The Chartered Accountants Act, 1949 was enacted by the Parliament with the purpose of regulating the profession of Chartered Accountants. Under this Act, Institute of Chartered Accountants of India (ICAI) has been set up and, thus, it is a statutory body. It is given the prime function of regulating the profession of Chartered Accountants. It also lays down accounting and auditing standards which are to be followed by all enterprises. The ICAI has set up the Petitioner No. 1, namely, ICAI Accounting Research Foundation (hereinafter referred to as the Petitioner Foundation). The main objective of this Foundation is to make it an academy for imparting, spreading and promoting knowledge, learning education and understanding in the various fields relating to the profession of Accountancy, like accounting, auditing, fiscal laws and policy, corporate and economic laws and policies, economics, financial management, financial services, capital and money markets, management inf...
J and K Cigarettes Ltd. and ors. Vs. Collector of Central Excise and o ...
Court: Delhi
Decided on: Aug-28-2009
Reported in: 2009(242)ELT189(Del)
A.K. Sikri, J.1. All these writ petitions filed by the same petitioner raise identical issue which relates to the constitutional validity and/or interpretation of the provisions of Section 9D of the Central Excise and Salt Act, 1944 (hereinafter referred to as the Act'). For this purpose, we are taking note of the facts as they appear in WP (C) No. 1854/1992. The question, as aforesaid, has arisen in the following backdrop:2. A show-cause notice dated 30.3.1998 was issued to M/s. Kanpur Cigarette Limited and M/s. GTC Industries on the allegation that Kanpur Cigarette Ltd. had manufactured cigarettes during the period February 1985 to June 1986 exclusively for and on behalf of M/s. GTC Industries with GTC brand names. It was alleged that the cigarettes were owned/purchased by GTC and were marketed by GTC through their trade channel. It was further alleged that the noticees had availed exempted rates of duty under Notification No. 211/83 based on the declaration of sale price on the ciga...
Muraif Qamar and Vs. the State and anr.
Court: Delhi
Decided on: Aug-28-2009
Reported in: 164(2009)DLT60
Mool Chand Garg, J.1. These petitions raise the following substantial questions of law i.e.:i. Whether this Court is empowered to direct Central Bureau of Investigation (CBI) to take over investigation of any criminal case registered by the local Police while exercising powers under Article 226 of the Constitution of India.ii. What is the effect of filing of closure report by the CBI after transfer of such investigation.iii. Does it supersede the investigation report submitted by the local Police (Special Cell of Delhi Police in this case) who filed the charge-sheet.iv. Whether the Special Cell of Delhi Police was competent to have questioned the authenticity of the closure report filed by the CBI before the Ld. ASJ.v. What are the powers of the Addl. Sessions Judge in this case after the closure report is filed by CBI.2. Briefly stating the facts giving rise to the filing of the aforesaid two petitions are as under:i. An FIR was registered by the Special Cell of Delhi Police on 09.02....
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