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Delhi Court May 2010 Judgments

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May 20 2010 (HC)

Ramphal and ors. Vs. Union of India (Uoi) and anr.

Court: Delhi

Hima Kohli, J.1. The present appeal is directed against a judgment dated 02.03.2007 passed by the Reference Court in respect of the land situated in village Kakrola, covered under Award No. 1/1993-94, made pursuant to the notification issued under Section 4 of the Land Acquisition Act, on 06.06.1991.2. Counsel for the appellants states that the present appeal is covered by a common judgment delivered by the Division Bench on 23.10.2008, in a batch of matters pertaining to village Kakrola, lead matter being Ved Prakash and Ors. v. Union of India and Ors. registered as LAA No. 673/2008.3. Counsel for the respondent/Union of India states on instructions from his client that a batch of Special Leave Petitions preferred by the Union of India against the aforesaid judgment dated 23.10.2008, have been dismissed by the Supreme Court vide order dated 09.11.2009.4. In view of the above, counsel for the appellants states that the present appeal be also decided on the same lines as decided by the ...

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May 20 2010 (HC)

Sh. R.P. Gulati Vs. Punjab National Bank and anr.

Court: Delhi

Rajiv Sahai Endlaw, J.1. This application has been filed for restoration of the writ petition dismissed for non prosecution on 4th March, 2010.2. The writ petition was listed for hearing on 18th February, 2010. The advocate then appearing for the petitioner had stated that a family member of Mr. Arun Bhardwaj, counsel for the petitioner was indisposed and requested for an adjournment. A perusal of the order sheet showed that for the last several dates the petitioner had been seeking adjournments, generally on the ground of non availability of Mr. Arun Bhardwaj, Advocate. In the circumstances, this Court adjourned the writ petition to 25th February, 2010 and made it clear that no further adjournment shall be granted on that date on any ground and if the counsel for the petitioner was to be not available on that date also, the petitioner should make alternative arrangements. The writ petition thereafter came up for hearing on 4th March, 2010 when adjournment was sought by the counsel app...

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May 20 2010 (HC)

Bottled Water Processors Association Vs. Union of India (Uoi) and ors.

Court: Delhi

ORDERS. Muralidhar, J.1. The Bottled Water Processors Association having its office at New Delhi has filed this writ petition seeking directions against the Union of India ('UOI') through the Secretary, Ministry of Health & Family Welfare (Respondents 1 and 3), the Director General, Prevention of Food Adulteration ('PFA')(Respondent No. 4) the Director General, Bureau of Indian Standards ('DG, BIS') (Respondent No. 5) and the Lieutenant Governor of Delhi representing the Government of National Capital Territory of Delhi ('GNCTD') (Respondent No. 2) and the Commissioner of Police, Delhi (Respondent No. 6) to take action under the provisions of the Bureau of Indian Standards Act, 1986 ('BIS Act') and the Prevention of Food Adulteration Act, 1954 ('PFA Act') as well as the Food Safety and Standards Act, 2006 ('FSSA') against all 'local units manufacturing and selling packaged drinking water without licence and BIS Certification Mark'.2. It is the Petitioner's case that although Section 14...

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May 20 2010 (HC)

Commissioner of Police Vs. Sh. Farman Singh

Court: Delhi

Anil Kumar, J.1. The petitioner, Commissioner of Police has challenged the order dated 9th September, 2008 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 470 of 2008, titled as 'HC Farman Singh v. Government of NCTD and Ors.', allowing the application of the respondent and setting aside his punishment of withholding one future increment without cumulative effect by order dated 27th November, 2007 and the order of dismissal of his appeal.2. A departmental enquiry was initiated against the respondent on the allegation that a complaint of theft on behalf of Smt. Shobha Sharma was marked to him and he had brought a person namely Prince s/o Sh. Samsang Leshey to the police post and had illegally detained him for 12 hours and during this period he had beaten the accused mercilessly and he was released after taking an illegal gratification of Rs. 3,000/- which amount was later on returned when the mother of the said person Smt. Nishi Leshey had complaint...

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May 20 2010 (HC)

H.K. Bansal (Deceased) Through V.K. Bansal Vs. Dr. Ajay Kumar Bansal a ...

Court: Delhi

Aruna Suresh, J.C.M. (M) 1200/2008 and C.M. Appl. Nos. 14934-35/20081. Plaintiff, H.K. Bansal had filed a suit against the Respondents. During pendency of the suit, he expired leaving behind two sons namely, Vijay Bansal and Ajay Bansal, his widow Smt. Saraswati Bansal and three daughters, Smt. Geeta Mittal, Smt. Shashi Garg and Smt. Saroj Kushal. After his death, Vijay Bansal filed an application under Order 22 Rule 3 CPC for bringing on record his name as LR of deceased H.K. Bansal on the basis of a registered Will purported to have been executed by the deceased during his lifetime on 24.11.2003.2. Respondent Ajay Bansal filed an application under Section 151 CPC seeking dismissal of the suit claiming himself to be the absolute owner of the suit property in view of the family settlement and also that since Smt. Sarawati Bansal has been given right to live in the property till her death, Vijay Bansal had no right to continue with the suit.3. Both these applications were considered by ...

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May 20 2010 (HC)

Ramesh Chand Vs. the Registrar, Delhi High Court and anr.

Court: Delhi

Rajiv Sahai Endlaw, J.1. The petitioner instituted this petition seeking direction for his regularization and for mandamus for payment to him of regular scale of pay with all further allowances and benefits, from the date of his initial appointment. It is the case of the petitioner that he was appointed as a daily wager against vacant post of a Sweeper in the Delhi High Court Departmental Canteen, since the year 1987; that his services were discontinued on 29th April, 1990; he was again appointed w.e.f. 4th February, 1995 and given the status of a temporary employee w.e.f. 1st November, 2000. The petitioner contends that he has been throughout representing for regularization but to no avail; that his junior colleagues have been regularized but he was being discriminated against; that the breaks in his service are artificial; that he has been performing equal duties/work as his other colleagues and is entitled to equal pay.2. The Secretary of the Delhi High Court Departmental Canteen ha...

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May 20 2010 (HC)

Shera and ors. Vs. Financial Commissioner and ors.

Court: Delhi

Sanjiv Khanna, J.1. In Writ Petition (Civil) No. 3205/1982, Shera, Sherdin and Ulfat widow of Shamsher, (now represented by their legal representatives and hereinafter referred to as the petitioners, for short), have challenged the Order dated 15th April, 1982 passed by the Financial Commissioner dismissing their appeal under Section 72 of the Delhi Land Revenue Act, 1954 (hereinafter referred to as the Revenue Act, for short) upholding and confirming the Order passed by the Tehsildar that no correction in khasra-Girdwari in respect of the land bearing khasra Nos. 121, 122, 350, 351, 415/154 and 416/154, Vill. Babarpur, ilaqa Shahdara (hereinafter referred to as the Property, for short) for the subsequent period after kharif 1968-69 till 1981 was directed vide earlier orders confirmed by the Financial Commissioner in his order dated 5th January, 1981. Only correction in khasra girdwari for kharif 1968-69 was directed by the order of the Financial Commissioner dated 5th January, 1981.2....

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May 20 2010 (HC)

Union of India (Uoi) Vs. Shri ManjuddIn Khan

Court: Delhi

Anil Kumar, J.1. This common order will dispose of all the above noted writ petitions which have been filed against the common order dated 18th September, 2009 passed by the Central Administrative Tribunal, Principal Bench in OA 1042/2009 titled as Sh. Manjuddin Khan v. Union of India through General Manager Northern Railway; OA No. 1096/2009 titled as Sh. Raghubir Singh v. Union of India through General Manager Northern Railway; OA No. 1105/2009 in Shri Ram Dayal Meena v. Union of India through General Manager Northern Railway; OA 1116/2009 in Shri Sharif Mohd. v. Union of India through General Manager Northern Railway; OA No. 1119/2009 in Shri Kailash Chand Barwa v. Union of India through General Manager Northern Railway; OA 1140/2009 in Shri Hari Narain Verma v. Union of India through General Manager Northern Railway; OA 1219/2009 in Shri Shakrudeen Khan v. Union of India through General Manager Northern Railway; OA 1221/2009 in Shri Virender Pal Singh v. Union of India through Gene...

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May 20 2010 (HC)

B.S.N.L. Vs. Saroj Krishana Atray and ors.

Court: Delhi

Rekha Sharma, J.1. This appeal has been preferred by the appellant against the order of Additional District Judge, Shri M.K. Gupta dated October 16, 2006 whereby the learned Judge has dismissed the objections filed by the appellant against the arbitration award dated September 05, 2005 made by Sole Arbitrator, Shri S.M. Aggarwal. Unfortunately, the Additional District Judge has given no reasons for dismissing the objections except stating the provisions of law. Hence, it has fallen upon this Court to deal with the objections raised before the Additional District Judge.2. It is not in dispute between the parties that a lease deed was entered between them in respect of Flat No. 1502 on 15th Floor, Devika Tower, 6, Nehru Place, New Delhi, measuring 400 sq. ft. The first such lease deed was dated March 28, 1986 and it was to commence with effect from April 01, 1986. It is also not in dispute that the said lease deed dated April 01, 1986 was renewed from time to time after every three years...

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May 20 2010 (HC)

Sh. Prakash Singh Vs. Union of India (Uoi) and ors.

Court: Delhi

Anil Kumar, J.1. The petitioner has challenged the order dated 22nd February, 2010 passed by the Central Administrative Tribunal, Principal Bench in OA 3073/2009 titled as Sh. Prakash Singh v. UOI through Secretary, Ministry of HRD, dismissing his application seeking direction to the respondent to quash and set aside the selection process for the post of TGT (Math) held as per advertisement dated 15th - 21st November, 2008 and direction to the respondents to consider the petitioner for empanelment as a TGT (Maths).2. The petitioner graduated in PCM stream in second division from CCS University, Meerut. He had scored more than 66% marks in PCM Stream in Maths, Physics and Chemistry, however, he did not score more than 50% marks in chemistry.3. By the notification dated 15th/21st November, 2008 in Employment News, the Kendriya Vidyalaya Sangathan, respondent Nos. 2 & 3 invited applications for the post of TGT (Maths) under the post code No. 36 with pre-revised pay scale of Rs. 5500-9000....

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