Delhi Court May 2009 Judgments
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Smt. Harjeet Kaur Vs. Dtc
Court: Delhi
Decided on: May-11-2009
Reported in: 160(2009)DLT360
ORDER1. The appellant is widow of late Sh. Jogender Singh who was employed as a Driver with Delhi Transport Corporation (DTC). He expired on 04.07.1994 and before his death, he was removed from service of the DTC vide order dated 21.10.1993 after holding a departmental enquiry. At the time of removal of the husband of the appellant certain labour disputes regarding general demands made by the Union were pending before the Labour Court and the management of the DTC filed an application on 21.10.1993 itself under Section 33(2)(b) of the Industrial Disputes Act, 1947 before the concerned Industrial Tribunal for approval of its action to remove the husband of the appellant from service. The approval application was dismissed as having abated, vide order dated 09.03.1995. The appellant applied for arrears of salary as well as terminal benefits of her deceased husband vide legal notice dated 4.6.1999, besides several oral requests. The respondent by letter dated 15.10.1999 informed her that ...
Ravinder Singh and anr. Vs. Naresh Kukreja
Court: Delhi
Decided on: May-11-2009
Reported in: 160(2009)DLT350
Rajiv Sahai Endlaw, J.1. The applications for interim relief in both suits are for consideration. The plaintiffs in both suits are the same. The sole defendant in the first suit (CS(OS) No. 1894/2008) is the defendant No. 2 in the second suit (CS(OS) No. 46/2009).2. The first suit has been filed for specific performance of an oral agreement to sell of 15th September, 2005 of shop No. 6-A Khan Market, New Delhi. It is inter alia the case of the plaintiffs that Shri M.R. Kukreja, father of the sole defendant in the first suit (hereafter called owner) was the owner of the said shop; on his demise on 9th December, 1986 the shop devolved on his wife Smt Sheela Devi; on demise of Smt Sheela Devi on 5th May, 1991 the owner inherited the said shop on the basis of her Will; that the owner applied for probate of the said Will which was granted vide order dated 10th May, 2005; that the owner approached the plaintiffs to sell the said shop and after detailed negotiations an oral agreement of sale ...
Satish Vs. State (Nct of Delhi)
Court: Delhi
Decided on: May-11-2009
Reported in: 2009CriLJ3077
ORDERMool Chand Garg, J.1. This is a bail application filed under Section 439 read with Section 482, Cr.P.C. seeking directions from this Court to release the applicant on bail in case FIR No. 512/2006, dated 30.05.2006 under Sections 302/201/34, IPC registered at Police Station, Sangam Vihar, Delhi. The applicant is in judicial custody for more than two years.2. The applicant first approached the Additional Sessions Judge for the grant of bail but the Additional Sessions Judge vide order dated 13.05.2008 dismissed his bail application holding that the accusations against the applicant are very serious and hence, no ground for grant of bail is made out.3. Briefly stating, the facts of this case are that on 30.05.2006 information was received that a naked dead body of a lady was lying in a jungle near Nahari Baba Mandir whose face has been burnt. This information was recorded as DD No. 22A and Inspector Jai Singh, SHO P.S., Sangam Vihar proceeded at the spot where he found a naked dead ...
Swayam Sidha Cooperative Group Housing Society Through Its Joint Admin ...
Court: Delhi
Decided on: May-08-2009
Reported in: 159(2009)DLT455
Madan B. Lokur, J.1. The question for our consideration is whether the mere membership of a deceased member of a cooperative group housing society can be inherited by his nominee, who is otherwise ineligible to be a member of that society. Our answer to this question is in the negative in view of the decision of the Supreme Court in Gayatri De v. Mousumi Cooperative Group Housing Society and Ors. : AIR2004SC2271 2. The Petitioner is a cooperative group housing society and one of its objects is to acquire land on lease for development from the slum wing of the Delhi Development Authority and construction of residential houses or flats for allotment to its members. The membership of the Petitioner-Society is restricted only to widows having an income which does not exceed Rs. 1,500/- per month from all sources. 3. The mother of Respondent No. 3, Smt. Ganesh Devi, was a widow who satisfied the eligibility requirements for membership as per the Bye-Laws of the Petitioner-Society. As such, ...
Prima Developers Vs. Lords Co-operative Group Housing Society Ltd.
Court: Delhi
Decided on: May-08-2009
Reported in: AIR2009Delhi131; 159(2009)DLT586
Mukul Mudgal, J.CM No. 6198/2009Exemption allowed subject to all just exceptions.CM stands disposed of.FAO(OS) No. 164/2009 and CM No. 6197/2009 (stay)1. This appeal challenges the order dated 24th April, 2009 passed by the learned Single Judge in petition OMP No. 225/2009 under Section 9 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') filed by the respondent-applicant before the learned Single Judge. The dispute between the parties arose as the appellant/contractor was awarded construction work vide letter dated 25th October, 2004 by the respondent, Cooperative Group Housing Society, for constructing 115 dwelling units at the plot allotted to the respondent i.e. plot No. 7, Sector-19B, Dwarka, Phase-II, New Delhi. An agreement was also subsequently entered between the parties on 20th December, 2004 containing in detail the terms and conditions as agreed between the parties. The contract was for a lump sum payment per square foot basis for a total consideration of 2...
State Vs. Raj Kumar Khandelwal
Court: Delhi
Decided on: May-08-2009
Reported in: 164(2009)DLT713
Pradeep Nandrajog, J.1. Vide judgment and order dated 14.2.2008, Raj Kumar Khandelwal, hereinafter referred to as the accused, has been convicted for the offence of murdering his wife Anita and his three minor daughters; Kumari Alisha aged about ten years, Kumari Chamma aged about eight years and Kumari Jyoti aged about four years. Vide order of sentence dated 16.2.2008, the learned Trial Judge has imposed the sentence of death upon the accused and has accordingly made a reference to this Court for confirmation of the sentence.2. Section 366 of the Code of Criminal Procedure 1973 requires confirmation by the High Court before execution of a sentence of death passed by the Court of Session. In the reference proceeding under Section 367, the High Court, if it thinks fit, is empowered to make further inquiry and receive additional evidence upon any point bearing upon the guilt or innocence of the convicted person. Under Section 368, the High Court may confirm the sentence, annul it or pas...
Java Singh Vs. C.B.i.
Court: Delhi
Decided on: May-06-2009
Reported in: 2009CriLJ3336; 160(2009)DLT514
Reva Khetrapal, J.1. The present petition under Section 482 of the Code of the Criminal Procedure has been filed challenging the summoning order issued by the learned Special Judge, New Delhi dated 21st July, 2008 as well as the challan under Section 173 Cr.P.C., which is alleged to be 'incomplete' and in contravention of the provisions of Section 190 Cr.P.C.2. The facts leading to the filing of the petition are that FIR bearing No. RC 2(A)/2005 ACU (V) dated 19th March, 2005 under Sections 13(2) read with 13(1)(e) of the Prevention of Corruption Act came to be registered at P.S. C.B.I./SPE/ACU(V), New Delhi. The aforesaid FIR was initially registered against one Shri Akhand Pratap Singh (Retd. IAS), the father of the petitioner herein, and was registered on the allegation that he possessed assets disproportionate to his known sources of income almost two years after his retirement. The period of commission of the offence was set out as 01.01.1978 to 31.05.1991 in the FIR and it was al...
Rajesh Sharma Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: May-06-2009
Reported in: 159(2009)DLT559
Badar Durrez Ahmed, J.1. These petitions seeking the issuance of a writ of habeas corpus are directed against the detention orders passed against the petitioners in each of the petitions by the Joint Secretary to the Government of India, Department of Revenue, Ministry of Finance, New Delhi in purported exercise of powers conferred under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as 'the PIT-NDPS Act'). The detention order in the case of the petitioner Rajesh Sharma in WP (CRL) 326/2009 was made on 27.02.2009, whereas the detention order in respect of the petitioner Nafe Singh in WP (CRL) 384/2009 was made on 13.03.2009.2. Both Rajesh Sharma and Nafe Singh were arrested with other co-accused Diwakar Gupta and Amit Kohli on 06.05.2008 on the allegation that they had indulged in illegal trading of diazepam, lorazepam, alprazolam, clonazepam and phenobarbitone. These are all drugs specified in Schedule...
Ajay Enterprises P. Ltd. and anr. Vs. Mcd and ors.
Court: Delhi
Decided on: May-06-2009
Reported in: AIR2009Delhi133; 159(2009)DLT771
Hima Kohli, J.1. The present writ petition is filed by the petitioners praying inter alia for a declaration that the respondent No. 1/MCD has no power and authority to forfeit 25% of the bid amount deposited by the petitioners towards the auction of two commercial plots bearing Nos. D-3 and D-4, at Najafgarh Road Community Centre, Opposite Milan Cinema, Karampura, Delhi and declare that the said forfeiture is illegal. In the alternative, a declaration is sought by the petitioners to the effect that there was no proper completed auction for want of approval of the highest bid by the respondent/MCD and hence the amount received by the respondent No. 1 has to be refunded to the petitioners with interest payable @ 18% per annum. The petitioners have also sought quashing of notices, including the notice dated 24.10.1980 issued by the respondents, forfeiting the earnest money deposited by the petitioners in respect of the aforesaid plots and for re-auctioning of the said plots. The last reli...
News Television India Ltd. Vs. Special Director of Enforcement
Court: Delhi
Decided on: May-06-2009
Reported in: [2009]92SCL290(Delhi)
ORDERMool Chand Garg, J.1. The short point involved in this matter is that as to whether the impugned judgment and order of the Appellate Authority dated 9-3-2007 while dismissing the appeal only on the ground of limitation which justifies or requires any interference by this Court. Some list of dates are relevant for the purpose of deciding the matter.-----------------------------------------------------------------------------Date Event-----------------------------------------------------------------------------1-6-2000 The FERA bill after receiving the assent of the Presidenton 29-12-1999, came into force as FEMA, 1999 repealingFERA, 1973.-----------------------------------------------------------------------------19-11-2001 The RBI addressed a letter to the Director, EnforcementDirectorate, FERA/FEMA, directing to conduct investigationagainst the importers as mentioned in the enclosed List ofdefaulters, who had failed to submit the documentaryevidence of import into India.---------...
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