Delhi Court May 2005 Judgments
Home Cases Delhi 2005 Page 10 of about 292 results (0.013 seconds)Mohan Construction Co. Vs. Dda
Court: Delhi
Reported in: 2005(2)ARBLR486(Delhi); 2005(82)DRJ400
Pradeep Nandrajog, J.1. Present order disposes of objections filed by DDA under Section 30 of the Arbitration Act, 1940 to the award dated 6.10.1995 made and published by Sh. A.C. Panchdhari, the sole arbitrator appointed to decide the disputes and differences between M/s. Mohan Construction Company and DDA arising out of contract agreement No. 2/DD-1/DDA/82-83.2. The objections are the usual ones filed against each and every award suffered by DDA. Objections are argumentative, unfortunately without any substance. Indeed, at the hearing held on 18.5.2005, counsel for the DDA could hardly shake the foundation of the award or any part thereof. Objections which run into 33 pages are without reference to a single document. I have repeatedly directed DDA to ensure that in the objections reference is made to the documents relied upon by DDA to challenge findings of arbitrators. On 24.1.2005, I had directed DDA to file brief written synopsis indicating the submissions and page number of the d...
Tag this Judgment!Radhey Shyam Gupta and anr. Vs. Kamal Oil and Allied Industries Ltd. a ...
Court: Delhi
Reported in: 2005(82)DRJ530
A.K. Sikri, J.1. CP 1/82, as is clear from its number, was filed in the year 1982. To be precise, on 4th January, 1982. This petition is preferred under Sections 397, 398, 402 and 403 of the Companies Act alleging acts of oppression and mismanagement on the part of respondents no. 2 to 6. Prayer made in the petition is the following:- (i) S/Shri Kamal Kishore Arora, Kishan Chand Arora, Pran Nath Arora and Ram Nath Arora have vacated their offices of directors w.e.f., 10th September, 1981;(ii) Petitioner no. 1 Shri Rajdhey Shyam Gupta be appointed as Chairman of the Company. (iii) Petitioner no. 2 Shri Shyam Sunder Gupta be appointed as Managing Director of the Company;(iv) A Local Commissioner be appointed to immediately prepare an inventory of all assets and stocks of the Company, to take into custody the statutory books, account books and records of the Company, and to sign books of accounts of the Company at such places as may be indicated by Petitioners or their Advocate;(v) Petiti...
Tag this Judgment!St. Anthony's Girls Senior Sec. School through Its Manager and Ors. Vs ...
Court: Delhi
Reported in: 121(2005)DLT230
ORDERConsequent upon the approval of Director of Education, Delhi Mr. Mumuthavalli, TGT(Sc) presently working at DTEA Sr. Sec School, Lodhi Estate, New Delhi under zone 26, Distt. Central/N. Delhi is hereby adjusted against the vacant post of TGT(Sc) at St. Anthony's Girls Sr. Sec. School, Paharganj, New Delhi with immediate effect. However, she will draw salary from her present school as usual.4. The challenge has also been laid to the Order of the Directorate dated 12.1.2004, inter alia, directing its officers to ensure compliance sundry guidelines including that teachers who have been declared surplus in aided institutions should be adjusted against any vacancies which may arise in any other aided institution regardless of whether it was a minority institution.5. The prayers in the Writ Petition, inter alia, are that the Orders appointing Ms. Mumuthavalli and Ms. Mazomdar should be struck down as an unwarranted and illegal interference in the enjoyment of the rights enshrined in Art...
Tag this Judgment!indoeuropa Trading Co. Pvt. Ltd. Vs. P.O. Labour and anr.
Court: Delhi
Reported in: 121(2005)DLT371; [2005(107)FLR1038]; (2005)IIILLJ488Del
Mukul Mudgal, J. 1. This writ petition challenges the Award dated 5th March, 2003, passed in I.D.No.159/94 by the Labour Court-VI, Delhi(in short the `Labour Court') in which reference for adjudication was made in the following terms:-'Whether the services of Shri Subhash Chand Aggarwal have been terminated illegally and/or unjustifiably by the management and if so, to what relief is he entitled and what directions are necessary in this respect?'2. The case of the respondent No.2/workman is that he was employed with the petitioner management since 17th August, 1992 as a Steno-Typist on a monthly salary of Rs.1500/- and his services were terminated on 3rd May, 1993 with effect from 4th May, 1993 by the Executive Director of the management. The said termination is said to be vocative of Section 25-F of the Industrial Disputes Act, 1947(in short the `ID Act').3. The case set up by the management in defense was that no relationship of employer and employee existed between the parties and r...
Tag this Judgment!Koninklijke Philips Electronics Nv Vs. Smt. Kanta Arora and ors.
Court: Delhi
Reported in: 2005(30)PTC589(Del)
T.S. Thakur, J.1. This suit for permanent injunction, passing off, damages, rendition of accounts and delivery up etc., was accompanied by an application for ad-interim injunction, in which the defendants expressed their willingness to give up the trade mark 'PHILIPS', provided reasonable time was granted to them to change over to a new trade mark. On behalf of the plaintiff's that proposal was accepted and time till 31st March, 2002 given to the defendants to adopt a distinctively dis-similar trade mark, shortly after the order of this Court dated 4th April, 2002 in which that arrangement was recorded, defendant No. 1 appeared to repudiate the same. This changed stance on the part of the defendants was viewed by this Court as an attempt to over-reach the process of law with the result that a notice was issued to defendants No. 1 & 3 to show cause why appropriate action under the Contempts of Courts Act be not initiated against them. The Court also prima facie felt satisfied that a cas...
Tag this Judgment!Wernli Mnonika Barbara Vs. State
Court: Delhi
Reported in: 121(2005)DLT420; 2005(83)DRJ399
Badar Durrez Ahmed, J. 1. Mr Malhotra, the learned Additional Solicitor General submits that the affidavit has been filed with regard to the policy of the Central Government concerning terminally ill under-trials who are foreign nationals. The entire affidavit is relevant and, accordingly, the same is reproduced hereinbelow:'1. In pursuance to the orders of this Hon'ble Court in the instant case, the issues were considered by this Ministry through an inter-Ministerial meeting which was attended by the senior officers of the Ministry of Home Affairs, DG, Tihar Jail, representatives of Ministry of Health and Family Welfare as well as Law Officer of Prayas (an NGO), West Delhi.2. After detailed deliberations, a general view was that the Government should move a prayer before the Hon'ble Court opposing grant of bail to Ms. Wernly Monika Bara on the following grounds:- (i) In an earlier similar case an Ugandan national Dorothy Namirumu was released on bail sometime in September 1998. She ha...
Tag this Judgment!Viplav Sharma Vs. Union of India (Uoi) and anr.
Court: Delhi
Reported in: 122(2005)DLT696; 2005(83)DRJ665
B.C. Patel, C.J.1. This writ petition is filed by the petitioner, a practicing lawyer, inter alia, praying for the reliefs as under:-(a) declare sections 61A and 58(aa) of the Representation of People Act, 1951 and Rules 49A to 49X contained in Chapter II of Part IV of the Conduct of Elections Rules to be ultra virus the constitution and void;(b) issue a direction, order or a writ of certiorari or a writ in the like nature quashing impugned decision of Respondent No. 2 to hold election of 14th Lok Sabha in all Parliamentary constituencies by use of EVMs;(c) issue a direction, order or a writ of mandamus or a writ in the like nature commanding respondent No. 2 to hold all elections only through ballot paper system;(d) stay the effect and operation of the impugned decision of Respondent No. 2 to hold elections of the 14th Lok Sabha in all Parliamentary constituencies in the country by use of EVMs; and(e) pass such other or further order/orders as this Hon'ble Court may deem fit and prope...
Tag this Judgment!Karamchand Appliances Pvt. Ltd. Vs. Sh. Adhikari Brothers and ors.
Court: Delhi
Reported in: 2005(31)PTC1(Del)
T.S. Thakur, J.1. A producer of consumer goods whether the same be expensive automobiles or items of daily use like toiletries is in the words of Lord Diplock 'unlikely to find a path beaten to his door' in the absence of an expensive advertising campaign. Who hasn't heard of the Cola war, or noticed campaigns where one producer compares his goods with those of his competitors, more often than not making claims which are exaggerated that end up confusing the consumer no end. With the electronic media, emerging as the most powerful instrument for dissemination of information and the ever increasing dependence of the consumers on the same, nothing really matters unless it is visible on the small screen that today has found a place in every household including those in rural India. The fight for a larger market share unleashes economic battles most of which get settled in the market place, but there are some that refuse to die down and eventually end up in the Court. Recourse to legal pro...
Tag this Judgment!M.C.D. Vs. NaraIn Dass
Court: Delhi
Reported in: 122(2005)DLT572
ORDER1. Admit.2. At the request of the learned Counsel for the parties, the appeal is taken up for final disposal.3. The origination of the dispute is a reference made at the request of the respondent workman in respect of the scale of pay at which he was regularised, The reference resulted in the award of the Tribunal dated 2.2.2002 whereby the workman succeeded. The award was an ex parte award.4. The MCD filed a Writ Petition (Civil) No. 8370/2002 challenging the said award. The said writ petition was disposed of on 30.7.2004 by the learned Single Judge in terms whereof the appellants was permitted to withdraw the petition with liberty to approach the Tribunal with a specific directions that the Industrial Tribunal would deal with the applications filed by the appellant herein in accordance with law. The interim order was also directed to be continued for a certain period of time to facilitate the appellant to, approach the Tribunal.5. It transpires that after the said order of the l...
Tag this Judgment!Ex. Nb. Sub. Attar Singh Vs. Union of India (Uoi) and ors.
Court: Delhi
Reported in: 120(2005)DLT431; 2005(82)DRJ547; [2006(107)FLR170]
B.A. Khan, J.1. Petitioner was a Naib Subedar in the Indian Army. At the time of retirement from service he was found to be having two disabilities-i) Right PUJ Obstruction with poor functioning (right) Kidney; ii) Secondary hypertension.2. It appears that his first disease was found not attributable to or aggravated by the military service. But for the second he was granted 50% disability pension for life by the Ministry of defense.3. Petitioner has filed this petition claiming that his disability pension was to be enhanced to 50% in terms of notification dated 31.1.2001with effect from 1.1.1996.4. Respondents have refuted his claim in their counter. It is claimed by them that disability percentage of 30% was to be treated as 50% from 1.1.1996 only in those cases where the personnel have been invalidated out of service before completion of service tenure. This petitioner had retired from service on completion of service under the Army Rule 13 after rendering 26 years of service on 31s...
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