Delhi Court December 2007 Judgments
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Canara Bank Vs. P. Umesh Pai
Court: Delhi
Decided on: Dec-07-2007
Reported in: 146(2008)DLT264; 2008(100)DRJ25; [2008(116)FLR673]; 2008(3)SLJ93(Delhi)
Mukundakam Sharma, C.J.1. The present appeal revolves around the issue with regard to change of date of birth of the appellant in the service record of the appellant which was initiated and prepared at the time of entry of the appellant into the service which was recorded as 26.05.1940. It is also not disputed that the aforesaid date of birth was entered into and written as 26.05.1940 on the basis of the Senior School Leaving Certificate(SSLC). The appellant entered and joined the services on 29.12.1962 and immediately thereafter the service record of the appellant was prepared where his date of birth was recorded as 26.05.1940. 2. It, however, appears that the appellant filed a suit on 28.09.1973 which was registered as Original Suit No. 565/1973 in the Court of the IInd Additional Munsiff of Mangalore, Karnataka. It may be stated that in the said suit, however, the appellant bank was not made a party and only the School Board and the State of Karnataka were made parties. It also tran...
In Re : Sahara Airlines Ltd. Vs. Capt. R. Khosla
Court: Delhi
Decided on: Dec-07-2007
Reported in: 2008(100)DRJ40; (2008)IILLJ236Del
Hima Kohli, J. 1. The present applications have been filed by the respondent under Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as `the Act') seeking payment of wages during the pendency of the present proceedings.2. This writ petition is preferred by the petitioner management directed against the impugned award dated 13.2.2006 passed by CGIT, holding inter alias that the action of the petitioner management in terminating the services of the respondent was unjustified and illegal. Hence, the respondent was held to be entitled to reinstatement with full back wages with effect from 16.7.1998. 3. Aggrieved by the aforesaid award, the petitioner management filed the present writ petition in May, 2006. Vide order dated 24.5.2006, operation of the aforesaid award was stayed. This application (CM No. 13364/2006) has been preferred by the respondent on 30.10.2006 praying inter alias for payment of wages under Section 17B of the Act. It is stated in para 2 of the ap...
Gautam Nagar Residents Assn. (Regd.) Vs. Municipal Corporation of Delh ...
Court: Delhi
Decided on: Dec-07-2007
Reported in: 2008(100)DRJ23
Mukundakam Sharma, C.J.1. With the allegation that there is large scale encroachment in public road from Aurobindo Marg to Gautam Nagar this writ petition was filed by the Gautam Nagar Residents' Association praying for a direction that the said encroachments should be removed both from the pavements and also from the public road by demolishing unauthorised shops.2. By order dated 1st December, 2004 this Court directed the SDM concerned to carry out demarcation under supervision of the Deputy Commissioner of the area. It was also recorded in the said order that the dispute is with regard to Khasra No. 73, situated at village Yusuf Sarai and Khasra Nos. 115 to 118, Ali Ganj. It is also mentioned in the said order that there is a road connecting Aurobindo Marg and road to Gautam Nagar. In the said order the Court also recorded that the dispute sought to be raised is as to whether the road in Khasra No. 73 is situated within the lands of Yusuf Sarai or Ali Ganj, whether the 40 shops which...
Rajesh Kumar Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Dec-07-2007
Reported in: 146(2008)DLT588; 2008(100)DRJ475; 2008(3)SLJ512(Delhi)
Mukul Mudgal, J.1. The writ petition under Article 226 and 227 of the Constitution of India challenges the Order dated 1st August 2003 passed by the Central Administrative Tribunal (hereinafter referred to as 'CAT'), Principal Bench, New Delhi, CP 135/2003 in O.A. No. 1197/2001.2. The brief facts of the case are as follows:(a) The petitioner herein was engaged as Badly/Daily Paid Worker in Delhi Milk Scheme with effect from 1st January 1999 onwards. The petitioner had completed 240 days in a period of 12 months. The said period of 240 days was calculated by counting the days of actual duty rendered by him plus the intervening weekly offs and other holidays.(b) Even after completion of 240 days in accordance with the provisions of the Para 4 (iii) of the Certified Standing Orders, the petitioner was not transferred to regular establishment of Delhi Milk Scheme.(c) Aggrieved by the failure of the respondent to transfer the services of the petitioner to the regular establishment of Mates ...
Rohit Kumar S/O Sh. Kuldip Singh Saini Vs. the State (Govt. of Nct of ...
Court: Delhi
Decided on: Dec-07-2007
Reported in: 2008(100)DRJ160
V.B. Gupta, J.1. The present petition has been filed by the petitioner under Section 482 Cr.P.C. seeking quashing of FIR No. 237/2006 under Section 420/468/471 IPC and Section 12 of the Passport Act registered at P.S. I.G.I. Airport.2. The brief facts of this case are that on the night of 15th and 16th May, 2006, at I.G.I. Airport, the petitioner was found traveling on forged U.S. Visa. On questioning, he revealed that he has paid a sum of Rs. 18,00,000/- to an agent Sanjeev Sharma for obtaining forged U.S. Visa. Accordingly, the present case was registered against the petitioner.3. It has been stated in the present petition that the petitioner has not committed any offence rather, he is a victim. After release on bail in this case, the petitioner lodged a complaint with S.S.P., Hoshiarpur, Punjab. On the basis of the complaint of the petitioner, an FIR was registered against the persons who has cheated the petitioner and his father to the tune of Rs. 18,00,000/- and since the petition...
Banshi Lal and anr. Vs. Nct of Delhi and anr.
Court: Delhi
Decided on: Dec-07-2007
Reported in: I(2008)DMC262
V.B. Gupta, J.1. Present petition has been filed under Section 438, Cr.P.C. on behalf of petitioners seeking anticipatory bail in this case.2. Petitioners are the father-in-law and mother-in-law of the complainant. The present case has been registered under Sections 498A/ 406/34, IPC against them and other persons.3. On 28th March, 2007, learned Additional Sessions Judge granted interim bail to the petitioners subject to certain conditions. The operative part of this order reads as under:Sh. Sharma submits that applicants are prepared to return the entire dowry articles as per the admitted list and are also in principle agreed to return the value of jewellery items; though the value is yet to be negotiated and settled. He prays for short adjournment to return the Stridhan as well as to bring a demand draft for the amount of Rs. five lacs to show his bona fide towards settlement.In terms of the above said statement of Sh. Sharma, applicants are admitted to interim anticipatory bail. 1 d...
Gaurav Nagpal Vs. Sumedha Nagpal
Court: Delhi
Decided on: Dec-07-2007
Reported in: I(2008)DMC166; 2008(100)DRJ329
Sanjiv Khanna, J.1. The appellant, Mr. Gaurav Nagpal is husband of Mrs. Sumedha Nagpal, the respondent. He impugns the Order dated 5th May, 2006 passed by the learned Single Judge in I.A. No. 6848A/2000 in CS(OS) No. 1844/2002 granting maintenance of Rs. 25,000/- p.m. w.e.f. 1st August, 2000 till the disposal of the Suit filed under Section 18 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as the Act, for short).2. The parties got married on 14th October, 1996 and have a child. Custody of the child is not the subject matter of the present appeal and the suit out of which the present appeal arises. We are informed that the question of custody of the child is now subject matter of an appeal filed by the appellant before the Supreme Court as the Guardianship Court and the High Court have decided the said question in favor of the respondent-wife.3. Though no divorce proceedings are pending between the parties, it is apparent that there are disputes and differences...
Shanti Mukand Hospital Vs. Ms. Rinchu and ors.
Court: Delhi
Decided on: Dec-07-2007
Reported in: 146(2008)DLT148; 2008(100)DRJ43
Mukundakam Sharma, C.J.1. The issue that arises for consideration in this appeal is whether the appellant Shanti Mukand Hospital could be saddled with a liability of making payment of compensation of an amount of Rs. 5.5 lacs out of the total 7.5 lacs awarded to the respondent No. 1 who became a victim of rape and grievous injury thereby loosing one eye while being on private duty attending a patient at the aforesaid hospital.2. The writ petition was filed by the respondent No. 1 herein who is a nurse by profession. She was engaged to render her services to a paralytic patient, namely, Mr. S.K. Kaushik, who was an indoor patient at the appellant Shanti Mukand Hospital. On the night between 6-7 September, 2003, she not only became subjected to sexual assault and violence by a ward boy/ sweeper Bhura engaged by the appellant through a contractor but she also lost her right eye. She filed a writ petition seeking for adequate compensation from the respondent No. 2, Government of NCT of Del...
Pyare Lal and ors. Vs. New Delhi Municipal Committee
Court: Delhi
Decided on: Dec-07-2007
Reported in: 2008(100)DRJ29
Mukundakam Sharma, C.J.1. The present appeal is filed by the appellants against the judgment and order dated 9th November, 2006 passed by the learned Single Judge dismissing the writ petition filed by the appellants herein.2. The appellants herein were daily wagers/muster roll employees with the respondent-NDMC during the period from 1983 to 1987 and they were engaged as and when the work was available. On 1st January, 1987 the respondent dispensed with the services of the appellants herein pursuant to which an industrial dispute was raised before the learned Labour Court. The learned Labour Court after considering the matter passed an award dated 22nd November, 1999 thereby directing for reinstatement of the appellants but without back wages and continuity of service. Pursuant to the said award the respondent-NDMC re-engaged the appellants in service on 10th January, 2001 on muster roll basis as mazdoor and were posted in the Horticulture Department. The services of the appellants wer...
Union of India (Uoi) Thru G.M. Northern Railway Vs. Jagmohan Singh
Court: Delhi
Decided on: Dec-07-2007
Reported in: [2008(116)FLR676]; 2008(3)SLJ80(Delhi)
A.K. Sikri, J.1. The question that arises for consideration in these cases is as to whether 3% reservation under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 {hereinafter referred to as the 'Disability Act'} in the public employment provided in favor of the physically handicapped persons would be available to them even for promotions as well. The Tribunal has, vide the impugned judgment, decided this question in the affirmative. Not satisfied with this opinion of the Tribunal, in these writ petitions the said judgment was assailed by the Government. It would be advisable to take note of the factual matrix under which the aforesaid question arises for consideration from WP (C) No. 11818/04.2. The respondent herein is an Orthopedically handicapped person having 55% disability. He was appointed as LDC in the Northern Railways on 16.6.1972. He got promotions from time to time and has risen to the rank of Office Sup...
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