9911796707
TMI Blog2002 (4) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... firms or companies who have no factory of their own and who get excisable goods manufactured according to their own specification and/or under their own brand names or trade names should be required to be licensed under the Central Excise Law, are the subject matters of this writ petition. 2.The petitioner is a company registered and incorporated under the Companies Act. It is carrying on the bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Limited and Others v. Union of India and Others (1982 (10) E.L.T. 454); Sylvania Laxman Ltd. and Another v. Union of India and Others (1982 (10) E.L.T. 463); and Poona Bottling Co. Ltd. and Another v. Union of India and Others (1981 (8) E.L.T. 389), and two decisions of the Supreme Court reported as Union of India and Others v. Cibatul Limited (1985 (22) E.L.T. 302); and Joint Secretary to G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for sale by the seller to the buyer. In other words, the buyer has the right to reject the goods if he does not approve of them. If the manufactured goods are not in accordance with the buyer's standard, they are either reprocessed to bring them up to the requisite quality, or if that is not possible the goods are sold to the buyer for a different purpose if they are compatible with the specific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at indicates that the goods belong to the buyer. It seems to us clear from the record that the trade marks of the buyer are to be affixed on those goods only which are found to conform to the specifications or standard stipulated by the buyer. All goods not approved by the buyer cannot bear those trade marks and are disposed of the sellers without the advantage of those trade marks. The trade-mark ..... X X X X Extracts X X X X X X X X Extracts X X X X
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