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Apr 18 2013 (HC)

Manonmani Sundarraj Vs. Jalal Hajee Abdul Karim Sahib Trust

Court : Chennai

.....prescriptive title over it, by their adverse possession from time immemorial. they dispute the very identity of the suit property itself. in fact the defendants attempted to project the case that the land, in which they have been in possession and enjoyment belong to them as they acquired it by adverse possession. c) issues were framed by the trial court. d) up went the trial, during which, on the plaintiff's side p.w.1 was examined and exs.a1 to a9 were marked. on the defendants' side, dw3- manoharan examined himself as dw1 and exs.b1 to b3 were marked. e) ultimately, the trial court dismissed the suit by giving a finding that section 106 notice as per the transfer of property act was not properly given. whereupon, the plaintiff did not file any appeal. however, the defendants preferred the first appeal for the purpose of getting erased the findings as against the defendants as though they did not prove their adverse possession and also on the ground that the trial court did not consider the other pleas raised by them. the first appellate court dismissed their appeal confirming the judgment and decree of the trial court.4. challenging and impugning the judgments and.....

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Apr 18 2013 (HC)

Shyam Singh Vs. Dda and anr.

Court : Delhi

* in the high court of delhi at new delhi % + date of decision:18. 04.2013 w.p.(c) no.7960/2011 shyam singh ..... petitioner through: counsel for the petitioner versus dda & anr. ..... respondents through: ms.lekha mrija, advocate for dda. mr.sanjay pathak, advocate for respondent no.2/gnctd. coram: hon'ble mr. justice v.k.jain judgment v.k.jain, j.(oral) 1. the land of the petitioner having been acquired for planned development of delhi, he applied for allotment of an alternative plot to him as per the policy of the respondents, vide application dated 21 st august, 2006. the grievance of the petitioner is that no recommendation has so far been made by govt. of nct of delhi to dda for allotment of an alternative plot to him. w.p.(c) no.7960/2011 page 1 o”2. the learned counsel for respondent no.2 shri sanjay kumar pathak states that the application of the petitioner for allotment of an alternative plot is yet to be considered by the govt. though it is not disputed that his land was acquired for planned development of delhi and he had applied for allotment of an alternative plot on 21.8.2006 under the scheme for large scale acquisition development and disposal of land in delhi not

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Apr 18 2013 (HC)

Shiv Prasad Maurya Vs. Radhika and ors

Court : Delhi

.....delhi to release the vehicle no. dl-3ct5153 to sh. pradeep kumar s/o girdhari lal on furnishing superdari in the sum of rs.2,00,000/- to the satisfaction of the io/sho with condition that he will not sell the same without prior permission of the court and will produce the same as and when required by the court.7. learned counsel further submitted that in view of the above, the vehicle involved in accident was dl-3ct-5153, wagon r and not dl-3cj5153, opel astra and the learned tribunal had ignored all the material facts/documents on record.8. in view of the above, i find force in the submissions of the learned counsel for the appellant as the learned tribunal has not conducted any inquiry on the documents available on record and dismissed the petition filed by the claimant merely on the conclusion whether dl-3ct-5153 or dl3cj-5153 was the offending vehicle.9. without commenting on the impugned order dated 03.11.2010, i set aside the same order and direct the learned tribunal to conduct a fresh inquiry and pass the order accordingly.10. resultantly, all the parties are at liberty to lead any evidence in support of their defence.11. parties are directed to appear before the.....

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Apr 18 2013 (HC)

Union of India Represented By: the Secretary. Icar Vs. Rama Kant Shukl ...

Court : Delhi

.....the learned counsel for the petitioner that in case any vacancy in the post of messenger arises, kamal singh shall be accommodated. in view of the fact that none of the respondents except kamal singh has the requisite qualification, we do not find their claim to be tenable and the tribunal was not right in giving the aforesaid direction. in so far as kamal singh is concerned, it has been fairly stated that he will be adjusted as peon as and when a vacancy arises. in this view of the matter the writ petition succeeds and is allowed. the order of the tribunal is set aside. it is made clear that as and when the vacancy in the post of peon arises, kamal singh shall be engaged by the petitioner since he has the requisite qualification.5. it is thus apparent that this court took into account the requirement of minimum qualification even in daily wage appointment, for the reason the stand of the petitioners was that whereas water boys were engaged during summer months to fill the water tanks of coolers, only those who had passed class-8 were engaged as daily wage messengers since they had to deliver dak.6. petitioners herein preferred review applications which were dismissed. with.....

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Apr 18 2013 (HC)

Rds Project Ltd Vs. Ratangiri Gas and Power Pvt Ltd and ors

Court : Delhi

.....documents enclosed with the tender, on receiving recommendation to award the work to rds, rgppl undertook the exercise of ascertaining the facts by checking cag report on the internet about the details of the project at mus in car nicobar for which rds was claiming the credit of completing the job single handedly. rgppl obtained the certified copy in respect of that project from cag and filed the application under rti to have access to whatever documents that could be available to verify the claim made by rds pertaining to construction of work at mus in car nicobar for the reason the record was stated to have been washed away in tsunami in december, 2004.9. on realizing that 490 mtrs breakwater was constructed at mus in car nicobar during the period 1994-2003 in different phases under different contracts by various agencies, rgppl was constrained to scrap the entire process and start afresh. amendment in clause 8.1.1.1 at the time of inviting tender, requiring that the past experience should be under a single contract, rds considered it to be an attempt to eliminate the company from the tender process which gave rise to various rounds of litigation up to supreme court......

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Apr 18 2013 (HC)

Sh. B.P. Vaish Vs. Govt. of Nct of Delhi and Others

Court : Delhi

.....post of principal. his application was accepted and he along with other candidates were interviewed on 20.08.1973. it appears from the narration of facts and events appearing in the order of the tribunal and the impugned judgment that the interview panel, which comprised of representatives of the school management as well as the govt. of nct of delhi, were not unanimous in their recommendations. the school was an aided institution and, therefore, bound by the provisions of the education code, 1965. on account of difference of opinion the majority of the selection panel recommending the case of one b.l. singhal, who, according to them was assigned first position in the merit list, and the chairman of the selection board, in whose opinion the respondent, b.p. vaish was to be selected - the matter was referred to the govt. of nct of delhi in terms of rules 184 and 187 of the code. govt. of nct of delhi wrote a letter to the school management on 08.10.1973, directing it to appoint b.l. singhal the candidate recommended by the majority of the selection committee - to the post of principal. however, the school management did not comply with the direction and it issued an appointment.....

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Apr 18 2013 (HC)

Shri Vinod Kumar Sharma Vs. General Manager Punjab National Bank

Court : Delhi

.....have a proper opportunity to give his explanation as to such particulars. final orders shall be passed after due consideration of all the relevant facts and circumstances. with this object in view the following shall apply.2. by the expression offence shall be meant any offence involving moral turpitude for which an employee is liable to be conviction and sentence under any provision of law.3. (a) when in the opinion of the management an employee has committed an offence unless he be otherwise prosecuted, the bank may take steps to prosecute him or get him prosecuted and in such a case he may also be suspended. (b) if he be convicted, he may be dismissed with effect from the date of his conviction or be given any lesser form of punishment as mentioned in clause 6 below. (c) if he be acquitted, it shall be open to the management to proceed against him under the provisions set out below in clauses 11 and 12 infra relating to discharges. however, in the event of the management deciding after enquiry not to continue him in service, he shall be liable only for termination of service with three months pay and allowances in lieu of notice. and he shall be deemed to have been on duty.....

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Apr 18 2013 (HC)

Ajit Kumar Vs. Commissioner of Police and ors.

Court : Delhi

.....relevant for us to hold that the past period of life of a person thereby automatically is to be wished away. so long as there is a consideration of factors, a decision by the administrative authority about the desirability of a person to be introduced into service normally vests in themselves. in government service, mostly the weeding exercises can be done only till the time of appointment and once a person becomes member of a w p (c) 2372/2010 2 of 12 service even if undesirably, procedural formalities may pose problems to get rid of the person. therefore, adoption of strict standards, after a holistic view of the situation may not be objectionable.6. contention of the petitioner is that be released on probation washes away the finding of culpability for having committed an offence punishable under section 308 ipc. per contra ms.ruchi sindhwani, learned counsel appearing for the respondents submits that release of the petitioner would not wash away the wrong conduct of the petitioner. it is expected that a person appointed in government service must be above board and strict standards have to be adopted, as since the appointment is in a police force. she relies upon the.....

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Apr 18 2013 (HC)

Bachni Devi Vs. Delhi Development Authority

Court : Delhi

.....documents which she submitted vide letters dated 29.5.2001 and 24.8.2001. the mutation in her name was carried out on 26.5.2011.11. considering the fact that though the petitioner had approached dda within four years of allotment, she would be entitled to the benefit of circular dated 25.12.2005 but, since all the documents required for carrying out the mutation in her name were submitted by the petitioner only on 28.4.2011, the petitioner in this case would be required to pay interest @ 7% per annum with effect from 27.9.2007 to 28.4.2011, after excluding four months from the said period. the learned counsel appearing for the petitioner states that the petitioner is willing to pay the aforesaid interest. hence, the writ petition w.p(c) no.731/2012 is disposed of with the direction that the petitioner in this case shall pay cost as prevalent on 27.9.2007 along with interest @ 7% per annum from that date till 28.4.2011, after excluding four months from the said period.12. the demand letter in terms of this order shall be issued by dda within four weeks and in case any amount became due to the petitioner, that shall also be refunded along with the letter. if any amount is found.....

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Apr 18 2013 (HC)

Union of India Vs. Ajay Singh

Court : Delhi

.....the learned counsel for the petitioner that in case any vacancy in the post of messenger arises, kamal singh shall be accommodated. in view of the fact that none of the respondents except kamal singh has the requisite qualification, we do not find their claim to be tenable and the tribunal was not right in giving the aforesaid direction. in so far as kamal singh is concerned, it has been fairly stated that he will be adjusted as peon as and when a vacancy arises. in this view of the matter the writ petition succeeds and is allowed. the order of the tribunal is set aside. it is made clear that as and when the vacancy in the post of peon arises, kamal singh shall be engaged by the petitioner since he has the requisite qualification.5. it is thus apparent that this court took into account the requirement of minimum qualification even in daily wage appointment, for the reason the stand of the petitioners was that whereas water boys were engaged during summer months to fill the water tanks of coolers, only those who had passed class-8 were engaged as daily wage messengers since they had to deliver dak.6. petitioners herein preferred review applications which were dismissed. with.....

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