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Case Laws
Showing 121 to 140 of 520 Records
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2002 (11) TMI 692 - CEGAT, MUMBAI
Modvat/Cenvat - Words and phrases ... ... ... ... ..... N.T.), dated 2-11-93 which are as under - ldquo credit of specified duty allowed in respect of any inputs shall not be denied or varied on the ground that part of the inputs is contained in any waste, refuse or by-product arising during the manufacture of the final product, or that the inputs have become waste in or in relation to the manufacture of the final product whether or not such waste, refuse or by-product is exempt from the whole of the duty of excise leviable thereon or is chargeable to nil rate of duty or is not specified as a final product under Rule 57A. rdquo 2. emsp The phrase ldquo inputs had become waste rdquo refers to the situation whether inputs in their entity are lost. The bottles being broken is the waste which was covered under the sub-rule before and after the amendment also. Therefore, there is no substance in the Revenue claim that such allowance was not available before the amendment of the Rule. 3. emsp The appeal lacks substance and is dismissed.
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2002 (11) TMI 691 - CEGAT, NEW DELHI
Refund of pre-deposit when case remanded ... ... ... ... ..... e-deposited by them in pursuance of the Tribunal rsquo s stay order passed in their appeal, on the stay petition. The appeal of the applicants has also been decided. The matter has been, no doubt, remanded to the adjudicating authority by the Tribunal, but their refund of the pre-deposited amount could not be declined by holding the same to be pre-matured. Their claim deserves to be examined/considered in the light of the judgment of the Hon rsquo ble Delhi High Court in the case of M/s. Voltas Ltd., 1999 (112) E.L.T. 34. Therefore, the adjudicating authority is directed to pass appropriate order regarding the refund of the pre-deposited amount to the applicants, within two months from the date of receipt of copy of the order from the Registry or on presentation of the copy of the order by the applicants before him, keeping in view the above referred judgment of the Hon rsquo ble Delhi High Court. The Miscellaneous application of the applicants stands disposed of accordingly.
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2002 (11) TMI 690 - CEGAT, MUMBAI
Stay/Dispensation of pre-deposit ... ... ... ... ..... artment and suppressed the same. He, therefore, argues that there was justification for invoking the extended time period. The learned Advocate for the appellants, however, states that the said writ petition was against another manufacturer and not against the appellants. 3. emsp We have heard both the sides and perused the records of the case. We find that the appellants have made out a good case in their favour for waiver of pre-deposit of duty and penalty. The product in question may not have therapeutic justification and the Ministry of Health and Family Welfare has therefore exercised its power under a different enactment to prohibit its manufacture in public interest. However, since the product is a combination of Vitamins B-1, B-6 and B-12 and had been in the market as medicines, the appellants contention that it has therapeutic value cannot be brushed aside. Accordingly, we waive the pre-deposit of duty and penalty and fix the matter for regular hearing on 15-11-2002.
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2002 (11) TMI 689 - CEGAT, MUMBAI
Appeal - Limitation ... ... ... ... ..... te the genuineness of the certificate, but says that there is explanation as to why the appeal could not have been filed prior to 16-12-2001. 2. emsp The simple answer furnished by the counsel for the appellant, that there is no requirement for explaining failure to file the appeal within statutory period of this period has to be accepted. He cites in support the decision of the Supreme Court in State of West Bengal v. Administrator Howrah Municipality - 1972 (1) SCC 366. 3. emsp The appeal is accordingly taken up and allowed and the matter remanded to the Commissioner (Appeals) for disposing of the appeal. It is clarified that while doing so due regard should be given to Section 35F of the Act.
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2002 (11) TMI 688 - HIGH COURT OF BOMBAY
Power of judicial authority to refer parties to arbitration ... ... ... ... ..... been appointed, all that can be said is that the relief sought for by the Petitioners on account of invocation of the arbitral clause and or the arbitral Tribunal assuming jurisdiction, it would not be appropriate to grant any relief. The parties have chosen their forum, the place of arbitration and the law, that will govern the proceedings. The point of invalidity of the contract can be dealt with by the chosen arbitral forum as it is now clothed with such jurisdiction. In these circumstances, the issue of acquiescence need not be dealt with. The parties must be left to proceed before the forum that they chose. In the light of the above, appeal dismissed, however, without costs. The learned counsel for the appellant sought stay the Judgment. To my mind, considering the position in English Law and position insofar as this country is concerned, I find no reason as to why the arbitral procedure should not be proceeded with. In the light of that application for stay is rejected.
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2002 (11) TMI 687 - HIGH COURT OF BOMBAY
Share capital - Reduction of ... ... ... ... ..... d to the petitioners. There is no material before this court to so hold. Under section 101 before giving effect to a resolution of the company for reduction of share capital, the court in those situations which would result in diminution of liability in respect of unpaid share capital or payment to any share holders of any paid up share capital has to issue notice to the parties set out therein. That is not the case here. However, the court can still direct notice. In the instant case, considering section 102 notice was dispensed with. The case of the company was that there was only one creditor Notice otherwise was published in the Times of India inviting objections. No objection was received and it is in those circumstances, the court proceeded to confirm the resolution of the share-holders reducing the share capital considering that aspect, to my mind, this would not be a case which would fall within Order 47 rule 1 for the court to review its earlier order dated 6-6-2002.
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2002 (11) TMI 686 - HIGH COURT OF KERALA
Co-operative societies ... ... ... ... ..... what is stated above. In cases where the Registrar, the Government or the Reserve Bank of India, as the case may be, has already been moved regarding the violation of statutory provisions, action in the light of the judgment shall be taken to set things in order, within two months and in other cases within two months from the date of receipt of appropriate representation. It is the duty and function of the Reserve Bank of India to take prompt steps provided under the Banking Regulation Act, 1949 in the event of violation of the provisions of the Act, for safeguarding public interest, for protecting banking policy, for preventing the disorderly functioning of the co-operative banks and for the proper management of banking business in co-operative banks and it is for the public to alert the Reserve Bank of India regarding their duties and functions, in the event of violation of the provisions of the Banking Regulation Act, 1949. The Original Petitions are disposed of as above.
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2002 (11) TMI 685 - HIGH COURT OF ANDHRA PRADESH
Attachment by State Government ... ... ... ... ..... earned counsel for the petitioner also submits that the petitioner intends to participate in the proposed sale of the premises in question as and when it is conducted by the 1st respondent. Learned counsel further submits that if the petitioner does not become the highest bidder in the proposed sale, he may be given some reasonable time to vacate the premises in question. Learned counsel for the 1st respondent submits that unless the premises to be sold is free from all encumbrances and the possession of the property in question is ready to be handed over, no prospective bidder would come forward to purchase the property in question. In the circumstances, I deem it appropriate to direct the petitioner to vacate the premises in question within 25 days from the date on which the 1st respondent calls upon the successful bidder to deposit the sale consideration, in case the petitioner is not the highest bidder. With the above direction, the writ petition is disposed of. No costs.
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2002 (11) TMI 684 - HIGH COURT OF BOMBAY
Rectification and correction of register ... ... ... ... ..... l on that ground alone. 44. Before concluding the discussion, it would be necessary to record that the only ground which has been urged before this Court is the correctness of the finding that has been recorded by the Assistant Registrar of Trade Marks to the effect that the Register was liable to be rectified on the ground that the goods which are produced and marketed by the Appellant did not fall in class 12 and that, therefore, they did not constitute the goods in respect of which registration had been granted by the registering authority in the first place. For the reasons already indicated, I am of the view that the impugned order is unsustainable and is liable to be quashed and set aside. The appeal is allowed. The order of the Assistant Registrar dated 21st June, 1989 is accordingly quashed and set aside and the application moved by the First Respondent shall, in the circumstances, stand dismissed. In the circumstances of the case, there shall be no order as to costs.
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2002 (11) TMI 683 - HIGH COURT OF KARNATAKA
Appellate Tribunal ... ... ... ... ..... violation of lsquo principles of natural justice rsquo is in issue. Under the circumstances, prima facie, we are of the view that no writ is maintainable. The learned Counsel for the appellants-Banks, submits that to avoid the delay, he has no objection for the legal representatives rsquo application to be considered by the Debt Recovery Tribunal as per the direction but it should not be a precedent, to which the learned Counsels for respondents-petitioners has no objection as stated. 6. On consideration and as agreed, the legal representatives rsquo application can be considered as per the direction of the learned Single Judge before the Tribunal without making it a precedent. It is also made clear that the decision of the learned Single Judge will not be a precedent and the Debt Recovery Tribunal without being influenced by any observation made by the learned Single Judge will expedite the matter. With these observations, the appeal is disposed of with no order as to costs.
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2002 (11) TMI 682 - HIGH COURT OF KERALA
Winding up - Statement of affairs to be made to Official Liquidator ... ... ... ... ..... ed or the argument advanced by the Counsel. The genuine registers showing the deposits collected from thousand of depositors amounting to nearly Rs. 18 crores and the diversion or utilisation of the above funds were not so far produced before this Court even after repeated directions, and police investigation and all the efforts made by this Court for procuring those registers were rendered ineffective. It is not sure whether the depositors will get back their money at any point of time as a result of the attitude of the accused. Here is a case, where the maximum punishment contemplated by law should be awarded to the accused. Hence, the maximum sentence of two years imprisonment with fine should be imposed on all the accused. 14.2 In the result, accused 1 to 4 are sentenced to undergo simple imprisonment for a period of two years each and to pay a find of Rs. 2 lakhs each or in default of payment of fine to undergo further simple imprisonment for a period of six months each.
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2002 (11) TMI 681 - SUPREME COURT
Whether there can be detention on a solitary instance would depend on the facts and circumstances of each case, on the magnitude of the case and other attendant circumstances?
Held that:- Petition dismissed. Considering the number of trips he had made out of the country, the volume of goods seized now and the prima facie misdeclaration of value, an inference can be drawn that the detenu was a part of bigger network in bringing the goods for commercial distribution inside the country by avoiding the payment of duty. In this background, absence of passport will not be a handicap to the detenu for his activities in the present case in which the fact situation is different from the one available in Rajesh Gulati’s case. Nor can we confine the meaning of the word ‘smuggling’ only to going out of country and coming back with goods which are contraband or to evade duty but may encourage such activities as well by dealing in such goods
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2002 (11) TMI 680 - HIGH COURT OF DELHI
Prohibition of improper use of certain emblems and names ... ... ... ... ..... . 3. 12. In view of the aforesaid stand taken by respondent No. 2 and in view of the fact that respondent No. 3 has conceded to the effect that it cannot use lsquo Ashok Chakra rsquo as per IS 300/1968 and only lsquo Chakra rsquo as per the Notification dated 16th October, 2001, this writ petition is disposed of with the following directions I.Respondent No. 2 shall again ascertain and verify that while granting Type Approval Certificate, the samples and drawings submitted by respondent No. 3 for approval of hologram contained only lsquo Chakra rsquo and not lsquo Ashok Chakra rsquo . The matter would be looked into keeping in view that the lsquo Chakra rsquo is as per the samples and drawings approved in Notification dated 16th October, 2001 and is not akin to IS 300/1968. II.If necessary, respondent No. 1 shall also investigate into the matter to the aforesaid effect. III.No hologram of any of the companies including respondent No. 3 shall contain lsquo Ashok Chakra rsquo .
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2002 (11) TMI 679 - HIGH COURT OF DELHI
Amalgamation ... ... ... ... ..... grant of sanction to the Scheme. There has also been no appearance before the Court to oppose the prayers contained in the petitions, or to the said Scheme of Amalgamation. 13. In the circumstances narrated above, and having regard to the averments in the petitions and the materials placed on record, and the respective Reports of the Regional Director and Official Liquidator, I am satisfied that the prayers in the petitions deserve to be allowed. I do not find any legal impediment to the grant of the sanction to the Scheme of Amalgamation. Hence the sanction is hereby granted to the above mentioned Scheme of Amalgamation under sections 391 to 394 of the Companies Act, 1956. Consequent to the amalgamation of the Companies, which will be deemed to have taken effect from the appointed date, the Transferor Companies I and II, having amalgamated with the Transferee Company shall stand dissolved without the process of winding up. 14. Petitions stand disposed of in the above terms.
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2002 (11) TMI 678 - HIGH COURT OF BOMBAY
Quantities and origin of commodities in packaged form to be declared ... ... ... ... ..... does it interfere with the course of inter-State trade or commerce. Therefore, the contention in this behalf is plainly without any substance and deserves to be rejected. (p. 85) We have no reason to disagree with the observations made by the Karnataka High Court in the aforesaid paragraphs. In our view, the Act and the Rules reveal that the obligations are not merely upon the retail traders but also on all persons dealing with the goods including the wholesale dealers and the manufacturers. Therefore, by all concerned the compliance of the provisions of the Rules shall have to be made, including the requirements under rule 2(r) and rule 23 of the Rules. After examining the matter from various angles we hold that the provisions of rule 2(r) and rule 23 of the Rules are valid and are not violative of the fundamental rights under Articles 14, 19(1)(g) and 21 of the Constitution. 18. Writ petition is accordingly dismissed, but in the circumstances without any order as to costs.
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2002 (11) TMI 677 - HIGH COURT OF DELHI
Winding- up - Circumstances in which a company may be wound up ... ... ... ... ..... e the subject invoices. This position is palpably clear from paragraph 5 of the Rejoinder to the winding-up Petition, where the Petitioner has stated that there is no endorsement of acceptance on the invoices annexed at pages 59 to 75 of the company petition marked as Annexure-A6 because the respondent refused to endorse the acceptance on the invoice/bill but at the same time instructed the petitioner to continue with the release of the advertisements in the films . The Petitioner would have been wise, at least in hind-sight, not to have brought upon itself dues and liability of 85 per cent of the Invoice value in the absence of clear-cut instructions. 9. In this factual matrix, I do not consider it expedient to proceed any further with this Petition. 10. Since the Petition is disposed of on merits, I do not find it necessary to refer to a larger Bench the question of whether a winding-up Petition can be filed by an unregistered partnership. 11. The Petition stands dismissed.
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2002 (11) TMI 676 - HIGH COURT OF KERALA
Tribunals - Deposit of amount due on filing appeal ... ... ... ... ..... given by the Tribunal are germane to the issue. We find no infirmity in the order. 7. Learned counsel for the appellants contends that adequate security has been provided. Thus, the interest of the Bank has been duly secured. The contention is misconceived. Despite the securities, the Bank has not been able to recover a penny since 1990. The delay is ostensibly against public interest. It appears that by adopting one or the other method, the appellants had succeeded in avoiding the payment of public dues. In this situation, we are not surprised that the learned single Judge had found no ground to interfere with the order passed by the Appellate Tribunal. 8. No other point has been raised. In view of the above, we find no merit in this appeal. It is accordingly dismissed. It is a fit case where we would have been inclined to award heavy costs against the appellants. However, since we have not found it necessary to issue notice to the respondents, we make no order as to costs.
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2002 (11) TMI 675 - HIGH COURT OF BOMBAY
Share capital - Notice of increase of ... ... ... ... ..... to comply with section 97 of the Act. The transferee-company has to pass a resolution of the board of directors to increase the share capital by mentioning that it was a result of the scheme of amalgamation. It has to merely forward this resolution to the Registrar with a request to alter the records. 13. I, therefore, do not find any substance in the contention raised by Ms. Chandrukar that the transferee-company is not required to comply with section 97 of the Act. The Regional Director has not raised any other objection. He has merely cautioned the transferee-company to comply with section 97 of the Act which the petitioner in the circumstances must comply. 14. The scheme of amalgamation is sanctioned subject to the petitioner company complying with section 97 of the Act. The petition is made absolute as above in terms of prayer clauses (a ) and (b). 15. Cost of Rs. 2,500 to the Regional Director and Official Liquidator each to be paid by the petitioner within four weeks.
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2002 (11) TMI 674 - HIGH COURT OF DELHI
Dishonour of cheque for insufficiency, etc., of funds in account ... ... ... ... ..... ial Court at first instance as the provisions of section 141 of the Act specifically provide that if the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Similarly if a person succeeds in proving that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence that person also can be exonerated. In view of the foregoing reasons, the petition is dismissed with the liberty to petitioners 2 and 3 to move the Trial Court seeking recall of the summoning order. The learned Trial Court shall keep in mind the provisions of section 141 of the Act while deciding the application. The petition stands disposed of.
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2002 (11) TMI 673 - HIGH COURT OF KERALA
Articles of Association ... ... ... ... ..... rence to arbitration between the parties. 16. There is another aspect of the matter. Mr. Raghunath, learned Counsel for the respondent-corporation has pointed out that the State and its instrumentalities had a bitter experience of reference of disputes to arbitrators. Even though the dispute was referred to a Government officer, the awards were normally against the State or its agencies. Thus, the State agencies had been instructed not to incorporate an arbitration clause in any agreement. Thus, even the respondent-corporation had not included an arbitration clause in the agreement with the appellant. 17. Counsel appears to be right. Learned Counsel for the appellant has not been able to refer to any provision in the agreement which may even remotely suggest that there was a provision for reference to the arbitrator. 18. No other point has been raised. In view of the above, we find no merit in the appeal. It is consequently dismissed. The parties are left to bear their costs.
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