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Delhi Court April 2010 Judgments

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Apr 21 2010 (HC)

Dr. (Mrs.) Kamlesh Vasudeva W/O Capt. S. Vasudeva, Owner of Vatika Far ...

Court: Delhi

Madan B. Lokur, A.C.J.1. The Appellant is aggrieved by an order dated 6th July, 2004 passed by a learned Single Judge in WP (C) No. 7859/2004.2. The Appellant is a bhumidar of land measuring 17 bighas in Village Satbari, Tehsil Mehrauli, New Delhi. Construction of a farm house in accordance with the building norms was permissible on the said land in view of the fact that it falls within the rural area of Delhi.3. The Appellant accordingly constructed a farm house as a residential unit after obtaining necessary sanction for this purpose. During the course of construction, the Appellant made some deviations but these were found to be compoundable and after charging the compounding fees, they were regularized. Thereafter, the Appellant made further construction but without any sanctions. Additionally, the further construction was found to be non-compoundable.4. In a different context, a Committee was set up under the Chairmanship of Professor V.K. Malhotra in respect of some issues relati...

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Apr 21 2010 (HC)

Dr. S. Ramakrishna Vs. Enforcement Directorate and ors.

Court: Delhi

S. Muralidhar, J.1. The challenge in this petition is to an order dated 22nd August 2002, passed by the Special Director, Enforcement Directorate (ED) informing the Petitioner that the adjudication proceedings in respect of the Memo. No. T-4/2-BAN/2000 (SCN I & II) dated 28th February 2000 and 27th March 2001 would be held in accordance with the procedure laid down in the Rules of the Adjudication Proceedings and Appeal Rules, 1974 (hereinafter referred to as 'APAR') and accordingly fixing the case for personal hearing before him on 12th September 2002. Also challenged are all the consequential proceedings upon passing of the aforementioned order including the adjudication order dated 17th February 2005, passed by the Special Director finding the Petitioner guilty and levying a penalty of Rs. 10 lakhs for contravention of Section 18(2) and 18(3) of the Foreign Exchange Regulation Act, 1973 (FERA) and the orders dated 7th February 2006 and 19th January 2007, passed by the Appellate Trib...

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Apr 21 2010 (HC)

Indian Explosives Ltd. Vs. Registrar of Companies

Court: Delhi

Sudershan Kumar Misra, J.1. This petition has been filed under Section 560(6) of the Companies Act, 1956, seeking restoration of the name of H.N. Explosives Pvt. Ltd. to the Register of Companies maintained by the Registrar of Companies.2. H.N. Explosives Pvt. Ltd. was incorporated under the Companies Act, 1956 on 17th April, 1989 as a private limited company with the Registrar of Companies, NCT of Delhi and Haryana.3. The petitioner herein is Indian Explosives Ltd, and is stated to be a creditor of the erstwhile company H.N. Explosives Pvt. Ltd.4. The Registrar of Companies, i.e. the respondent herein, struck the name of H.N. Explosives Pvt. Ltd. off the Register on the ground of non-filing of returns. The requisite notification was duly published in the Official Gazette on 23rd June, 2007 at S. No. 6403.5. It is the petitioner's case that it had acquired the business in explosives of ICI India Ltd. in 1999. Earlier, on 29th May, 1991, ICI India Ltd. had entered into an agreement with...

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Apr 21 2010 (HC)

Shri Shanti Sarup and ors. Vs. Union of India (Uoi) and ors.

Court: Delhi

Hima Kohli, J.1. The present appeal is directed against the judgment dated 28.4.2007 passed by the Reference Court in respect of the land situated in village Gharonda Neemka Bangar, Delhi, covered under Award No. 6-C/1971-72(supplementary) made on 31.3.1977. The limited grievance of the appellants in the present appeal is that while passing the impugned judgment, they were not granted interest on the enhanced compensation for the acquired land at the market value as fixed by the Reference Court, for the period from the date of death of appellant No. 1, Shri Shanti Sarup, i.e., from 5.2.1988, till the date of filing of an application by his legal heirs under Order 22 Rule 3 and Section 151 CPC read with Section 53 of the Land Acquisition Act, 1894 (in short 'the Act'), i.e., till 5.7.2006, while excluding the period of 90 days granted for filing such an application. Similarly, the legal heirs of the deceased appellant No. 2, Shri Surender Nath, were held dis-entitled to interest on the ...

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Apr 21 2010 (HC)

Greenways Shipping Agency Pvt. Ltd. Vs. United India Insurance Co. Ltd ...

Court: Delhi

Shiv Narayan Dhingra, J.1. By this petition, the petitioner has assailed an order dated 4th January, 2007 whereby an application of the petitioner under Order 1 Rule 10(2) read with Section 151 CPC was disposed of. The application was made seeking deletion of name of petitioner from the array of defendants, dismissal of the suit as well as notice issued by the Court to defendant No. 1 (petitioner herein) and issue of notice to Defendant No. 3, who was made party to the suit on the basis of pleadings of defendant No. 1.2. A suit was filed by respondent No. 1 (insurance company) against petitioner (defendant No. 1) for recovery of the amount received. The said amount was to be recovered from defendant No. 1 by respondent No. 1 under a right of recovery granted to it by insured vide a letter of subrogation-cum-power of attorney executed by defendant No. 2 (insured) entitling it to recover the amount of loss suffered due to act of petitioner. The petitioner in the WS had taken a stand that...

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Apr 21 2010 (HC)

Sasta Sahitya Mandal Vs. Deepak Sehgal and ors.

Court: Delhi

Rajiv Sahai Endlaw, J.1. This writ petition has been preferred by the petitioner with respect to the order dated 5th September, 2003 of the Appellate Authority under the Payment of Gratuity Act, 1972, allowing the appeal of the respondent No. 1 and directing the Controlling Authority under the said Act to determine the gratuity due from the petitioner to the respondent No. 1. Pursuant to the said order, the Controlling Authority under the Gratuity Act determined a sum of Rs. 70,080/- as payable by the petitioner to the respondent No. 1 towards gratuity and directed the petitioner to pay the said amount with interest at 10% per annum from the date when the gratuity became payable and till the date of payment. The said order has also been impugned by the petitioner in this petition. Though this Court vide order dated 19th April, 2004, while issuing notice of the petition stayed the operation of the orders impugned in the writ petition but it appears that the petitioner was made to deposi...

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Apr 21 2010 (HC)

indra Kishore Prasad Vs. Government of Nct of Delhi and ors.

Court: Delhi

Kailash Gambhir, J.1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks directions to direct the respondent Nos. 2 and 3 to allow the son of the petitioner to appear in the Secondary School Examination, 2009.2. Brief facts of the case as set out by the petitioner and relevant for deciding the present petition are that the son of the petitioner, Niwas Anand, is a student of the respondent No. 3 school since class VI. In 2008, he was promoted to class X and he duly filled in all his forms and completed all other procedural formalities for appearing in the Secondary School Examination, conducted by respondent No. 2 CBSE. Vide letter dated 20.9.2008 the petitioner was informed about certain acts of misconduct committed by his son. After receiving the said letter the petitioner met the school authorities and the matter was settled and his son was advised to study from home and was assured that he would be allowed to take all the subsequent examinati...

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Apr 21 2010 (HC)

Baljeet Kaur and ors. Vs. R. Muthu Batcha and anr.

Court: Delhi

J.R. Midha, J.1. The appellants have challenged the award of the Claims Tribunal. The appellant in MAC.APP. No. 423/2009 is seeking reduction of the award amount whereas the appellant in MAC.APP. No. 309/2009 seeks enhancement of the award amount.2. The accident dated 25th September, 2001 resulted in the death of Prem Singh Minhas. The deceased was survived by his widow and three sons who filed the claim petition before the Claims Tribunal.3. The deceased was riding his two-wheeler scooter at Rao Tula Ram Marg, Sector 8, R.K. Puram, near Shanti Niketan, Delhi when a car bearing No. DL 2CH 7604 hit him and thereafter a TSR. The deceased was working as Training Officer with M/s Detective & Security Services earning Rs. 8,000/- month apart from pension of Rs. 3,000/- per month. The income of the deceased was proved vide salary certificate - Ex.PW2/2. However, the Claims Tribunal disregarded the salary certificate and took the minimum wages of Rs. 2,592/- per month, deducted 1/3rd towards ...

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Apr 21 2010 (HC)

Bablu Haldhar Vs. State

Court: Delhi

P.K. Bhasin, J.1. This appeal is directed against the judgment dated 13th December, 2007 and order dated 14th December, 2007 passed by the learned Additional Sessions Judge whereby the appellant was convicted for the commission of offences punishable under Sections 307 and 326 IPC and sentenced to undergo rigorous imprisonment for a period of 5 years and fine of Rs. 3,000/- with default stipulation for his conviction under Section 307 IPC and rigorous imprisonment for a period of 3 years and fine of Rs. 2,000/- with a default stipulation for his conviction under Section 326 IPC and the substantive sentence of imprisonment were ordered to run concurrently.2. The relevant facts leading to the incident, in which two persons were seriously injured and which injuries have been found by the learned trial Judge to have been caused by the appellant while acquitting his two co-accused persons who had also been sent up for a trial by the investigating agency for their involvement in the same inc...

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Apr 21 2010 (TRI)

A.K. Srivastava Versus Union of India and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

1. The present petition has been transferred from Honble Delhi High Court to this Tribunal on its formation. 2. Petitioner by this petition has prayed that by writ of mandamus a direction may be issued to the respondents to release the retirement dues like gratuity, provident funds, encashment of leave etc. to him with interest and also the proportionate pension for the services rendered by him since 1994. It is also prayed that respondents may be directed to grant him the status of ex-serviceman as he has served the respondents for 14 years. 3. Petitioner joined the Indian Air Force as Medical Officer in the year 1994. Thereafter, he applied for undergoing MD degree course in the year 2000 in Anaesthesia and he was permitted to join the MD degree course which he completed in December, 2003. As per recommendation of service, he was to execute a bond to serve the respondents for a period of 10 years after acquisition of higher degree. In pursuance to this, he executed a bond. It is al...

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