Delhi Court July 2008 Judgments
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Sh. S.C. Awasthi Vs. National Water Development Agency and anr.
Court: Delhi
Decided on: Jul-17-2008
Reported in: 2008(106)DRJ106
Veena Birbal, J.1. By way of present writ petition, petitioner has challenged the order dated 17.05.2007 passed by the Central Administrative Tribunal, Principal Bench, Delhi by which O.A. No. 839/2007 of the petitioner seeking setting aside of transfer order dated 13.04.2007, transferring him from New Delhi to Bhubaneshwar, has been dismissed.2. Briefly, the facts leading to the filing of the present petition are as under:Petitioner joined respondent No. 1, National Water Development Agency (NWDA) as an Assistant Engineer and was posted at Nagpur in the year 1985. After completion of one year of service, he was transferred to the office of Chief Engineer (N), Bhubaneshwar in the year 1986. In the year 1989 he was transferred to Gwalior. On 1st December, 1993, he was transferred to Delhi on promotion as Deputy Director. Since then he has been working at Delhi. Petitioner has alleged that for the past few years he has been subjected to hostile discrimination by some senior officers of r...
Capt. Praveen Davar Retd. and anr. Vs. Harvansh Kumari and ors.
Court: Delhi
Decided on: Jul-17-2008
Reported in: 153(2008)DLT204
Manmohan, J.1. The Respondent/Plaintiffs have filed the present application being CM No. 4710/2008 under Section 151 of Code of Civil Procedure praying for a direction to the Appellant/Defendants to deposit a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) per month as compensation for use and occupation of the suit premises from December 1994 till final decision in the present appeal.2. Briefly sated the material facts for this application are that the Appellant/Defendants in the year 1995 had filed a suit for recovery of possession and damages in respect of first floor of the premises bearing No. B-32, Connaught Place, New Delhi - 110 001, hereinafter referred to as the 'suit premises'. The said suit premises admittedly comprises of three bed rooms, kitchen, bathroom, verandah facing the Central Park, Connaught Place. 3. On the basis of the pleadings of the parties, the trial court framed the following issues:(i) Whether the plaintiff are owners and landlords? OPP(ii) Whether the suit ...
Commissioner of Income Tax Vs. Jainson
Court: Delhi
Decided on: Jul-17-2008
Reported in: (2009)221CTR(Del)34
1. This appeal pertains to the block period 1996-97 to 2002-03. The main question sought to be raised is with regard to the power of the Addl. Director of IT (Inv.) to issue a warrant under Section 132(1) of the IT Act, 1961. The Tribunal has found that the warrant of authorisation issued by the Addl. Director of IT (Inv.) was without authority and, therefore, the entire search as well as the assessment proceedings consequent to such warrant were invalid and bad in law. In coming to this conclusion, the Tribunal has followed the decision of this Court in the case of Dr. Nalini Mahajan and Ors. v. Director of IT (Inv.) : [2002]257ITR123(Delhi) In that decision, this Court has, while construing the provisions of Section 132(1) of the said Act, arrived at the conclusion that the Addl. Director of IT (Inv.) cannot be said to have any power to issue any authorisation or warrant under the said provision.2. Since the question which is sought to be raised in the present case stands covered by ...
National Insurance Co. Ltd. and anr. Vs. Satish
Court: Delhi
Decided on: Jul-17-2008
Reported in: 2009ACJ1640
Rekha Sharma, J.1. This appeal is filed against the judgment of the Commissioner under Workmen's Compensation Act, 1923 dated 24.12.2004. By virtue of the impugned judgment, respondent has been granted compensation to the tune of Rs. 5,08,296 for his having sustained injuries in a road accident which resulted in the restricted movement of his thumb and the left index finger to the extent of 40-50 per cent. The liability for the payment of the amount so awarded has been fastened on the appellant, namely, National Insurance Co. Ltd.2. Feeling aggrieved from the said order, the insurance company has preferred the present appeal. Notice of the appeal was sent to the respondent who despite service has chosen not to appear.3. Learned Counsel for the insurance company has not disputed the factum of the accident. What has been disputed is the quantum of compensation awarded to the respondent. A perusal of the impugned judgment shows that the learned Commissioner has relied upon a medical certi...
Smt. Saroj Dhall Vs. State Bank of India and ors.
Court: Delhi
Decided on: Jul-16-2008
Reported in: 152(2008)DLT11; 2008(105)DRJ152
S.N. Aggarwal, J.1. The petitioner Smt. Saroj Dhall while working as an Assistant at Lucknow in the State Bank of India (respondent No. 1) took voluntary retirement (VRS) on 31.03.2001. At the time she took VRS, she had put in more than 25 years of service. She was transferred to the Lucknow circle of State Bank of India in August, 2000 and before that she was working in Delhi at Khyala Branch under the jurisdiction of Delhi region of the respondent bank. A settlement was arrived at between the State Bank of India and the All India State Bank of India Staff Federation on promotion avenues/career progression for workmen staff vide memorandum of settlement dated 12.04.1999 (Annexure P-1 at page 17 of the paper book). In terms of settlement contained in Annexure P-1, all those employees of the Bank who were working in the clerical cadre were entitled to time bound promotion to the post of Senior Assistants on completion of 17 years of service and to the second promotion from Senior Assist...
National Council of Educational Research and Training Through Its Secr ...
Court: Delhi
Decided on: Jul-16-2008
Reported in: 2008(105)DRJ67
Madan B. Lokur, J.Rule D.B.CM No. 15360/2007 (Stay)1. By an order dated 5th November, 2007, a Division Bench of this Court had granted stay of operation of the impugned judgment and order dated 27th August, 2007 passed by the Central Administrative Tribunal, Principal Bench in OA No. 2064/2006.2. The short controversy in this case relates to the selection of a Professor in the National Council of Educational Research and Training (for short NCERT). The post is described as Professor, Department of Education Survey and Data Processing and the pay scale is Rs.16,400 - Rs. 22,400.3. In terms of the criteria laid down by the University Grants Commission (UGC), the eligibility is as follows:An eminent scholar with published work of high quality actively engaged in research with ten years experience in post-graduate teaching and/or research at the University/national level institution including experience of guiding research at doctoral level in Social Work.4. The advertisement by NCERT ment...
Mahendra Prasad Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Jul-16-2008
Reported in: 152(2008)DLT726; 2008(106)DRJ97
Manmohan Sarin, J.1. Petitioner has filed the present petition praying for a writ of certiorari for quashing the office order bearing No. 1639/SIO(P)/Vig./2003/D-241 dated 26.10.2006 issued by the Deputy Law Officer, Vigilance (annexure P-1) and office order dated 25.9.2006. On perusal of the writ petition, we find that order dated 25.9.2006 is not annexed with the writ petition. Learned Counsel admits that the said order is not annexed and submits that the challenge to the same may be taken as not pressed. Petitioner also seeks a writ quashing Section 95(2)(a) of Delhi Municipal Corporation Act, 1957 as being vocative of fundamental rights and ultra virus of the Constitution. Quashing of Regulation 9(1) of DMC Services (Control and Appeal) Regulations, 1959 is also sought. The relevant facts giving rise to this petition may be briefly noted as under:2. Petitioner was working with the respondent MCD as a Malaria Inspector under its Najafgarh Zone. Petitioner claims being employed with ...
Sundeep Industries Vs. Collector of Customs and anr.
Court: Delhi
Decided on: Jul-16-2008
Reported in: 2008(105)DRJ58
Rajiv Sahai Endlaw, J.1. The only surviving issue in this execution petition is as to whether out of the amount of Rs 1,84,904.52 deposited by the judgment debtor in this Court, the decree holder is entitled to a sum of Rs 66,578.17 only as contended by the judgment debtor or to the entire amount as contended by the decree holder. The answer to the said issue depends upon whether the deposits made by the judgment debtor in the court after filing of the execution petition are to be appropriated first towards interest as contended by the decree holder or first towards the principal amount as contended by the judgment debtor. If the appropriation is towards the interest first, then the decree holder is entitled to the release of the entire sum of Rs 1,84,904.52. However, if the appropriation is towards the principal first then the decree holder is entitled to the release of Rs 66,578.17 only.2. An ex parte decree dated 22nd August, 2003 was passed in favor of the decree holder for recover...
Shri Nihal Singh Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Jul-16-2008
Reported in: 2008(105)DRJ82
S.N. Aggarwal, J.1. The petitioner Shri Nihal Singh has filed this writ petition seeking Mandamus to the respondent to disclose the result of the application submitted by him for his appointment to the post of Primary Teacher in the General Category. The petitioner has also prayed for a Mandamus directing the respondent Corporation to appoint him as a Primary Teacher with the schools run by the Municipal Corporation of Delhi.2. Counter affidavit has been filed by the respondent in response to notice of this writ petition. Ms. Saroj Bidawat, learned Counsel appearing on behalf of the respondent says that the petitioner was not considered for his appointment to the post of Primary Teacher because he was not eligible for his appointment to the said post in terms of the recruitment rules mentioned in the advertisement issued for inviting the applications from eligible candidates.3. The respondent had invited applications to fill up the vacant posts of Primary Teachers in the Municipal Corp...
Northern Minerals Limited Vs. Plant Protection Officer and anr.
Court: Delhi
Decided on: Jul-16-2008
Reported in: 2008(105)DRJ159
Sudershan Kumar Misra, J.1. This petition under Section 482 of the Criminal Procedure Code has been instituted by Northern Minerals Ltd. praying that complaint No. 30/01/91 dated 19th January, 1991 filed against it under Section 200 Cr.PC read with Section 29(1)(a) of the Insecticides Act, 1968, be quashed.2. The petitioner is a manufacturer of insecticides. Amongst others, it manufactures the insecticide, Malathion 50% EC. The petitioner claims that the said product is being manufactured in accordance with the IS Specifications and is thereafter put on the market through its various distributors and retailers. One batch of insecticide Malathion 50% EC, bearing batch No. 447, was manufactured by the petitioner in February, 1990. The expiry date of this product was July, 1991. On 22nd March, 1990, it was purchased by an Insecticide Inspector from a retailer called 'M/s Garg Khad & Seed Bhandar', Bawana at Delhi. On 29th March, 2006, one sample of the product purchased was sent by the In...
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