Delhi Court August 2010 Judgments
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Mount Carmel School Society and anr. Vs the Govt. of Nct of Delhi and ...
Court: Delhi
Decided on: Aug-13-2010
1. Whether reporters of local paper may be allowed to see the judgment? No2. To be referred to the reporter or not? Yes3. Whether the judgment should be referred in the digest? Yes 1. These two petitions involve the following questions of law: i) Notwithstanding the fundamental right guaranteed to minority institutions under Article 30(1) of the Constitution, can the Government of the National Capital Territory of Delhi (`GNCTD) insist that the retirement age of the Principal of an unaided minority school can be no different from that of a Principal of a government school or a private unaided or aided school recognised as such by the GNCTD in terms of the Delhi School Education Act, 1974 (`DSE Act)?(ii) Is the GNCTD right in its stand that Rule 110(1) of the Delhi School Education Rules, 1973 (DSE Rules), which, inter alia, governs the retirement age of a Principal of a recognised private aided or unaided recognised school, also applies to a recognised unaided minority school? Both pet...
Ram Naresh Mudgal and ors. Vs Munesh Chand Gupta
Court: Delhi
Decided on: Aug-13-2010
1. Whether reporters of local papers may be allowed to see the judgment? Yes.2. To be referred to the reporter or not? Yes.3. Whether judgment should be reported in Digest? Yes. 1.By present petition, the petitioners have assailed an order dated 25th August, 2009 passed by the learned Sr. Civil Judge whereby he allowed an application of the respondent (plaintiff before the trial Court) under Section 65 of Evidence Act seeking permission to lead secondary evidence. The respondent filed a suit for permanent injunction against the petitioners seeking a restraint on the petitioners from creating third party rights and in this suit respondent contended that the respondent had entered into an agreement to sell in respect of the suit property with the father of the petitioners however, the original documents like receipts and agreement to sell were illegally retained by father of the petitioners and after his death, passed on to the petitioners and the petitioners failed to produce them on a ...
R.K.Chaudhary Alias Rajan and anr. Vs Prof. Ram Prakash
Court: Delhi
Decided on: Aug-13-2010
(1) Whether reporters of local paper may be allowed to see the judgment?(2) To be referred to the reporter or not? Yes (3) Whether the judgment should be reported in the Digest Yes JUDGMEN1. Respondent/Cross-Objector had filed a suit for possession as well as mesne profits against the appellants, who were inducted by him as tenants in the property bearing No B-48, Ground and Basement, South Extension, Part-I, New Delhi after the lease of the property in suit had expired. Decree of the Trial Court was challenged in appeal by the appellants. Respondent filed his cross- objections questioning the rate and quantum of mesne profits awarded to him by the Trial Court. Appellate Court vide impugned judgment and decree dated 17th December, 2005 dismissed the appeal as well as the cross-objections. Hence, second appeal was filed by the appellants, wherein respondent has filed his cross- objections.2. Regular Second Appeal was dismissed by this Court on 20th March, 2007. Cross-objections were dis...
Ga Arife @ Arti Sharma Vs Gopal Dutt SharmA.
Court: Delhi
Decided on: Aug-13-2010
1. Whether the Reporters of local papers may Yes be allowed to see the judgment?2. To be referred to Reporter or not? Yes 3. Whether the judgment should be reported Yes in the Digest?ORDER.1. This common order shall dispose MAT Appeal Nos. 69/2010 and 70/2010 preferred by the appellant challenging the orders of the Courts below.2. In appeal No. 70/2010 the appellant has challenged the judgment and decree dated 11th March, 2010 passed by the Court of Shri M.K. Nagpal, Additional District Judge (Central) Delhi whereby the divorce petition filed by the petitioner under Section 13(1)(ia) & (ib) of the Hindu Marriage Act 1955 was dismissed. In appeal No. 69/2010 challenge has been made to the order dated 9th April, 2010 passed by the Additional District Judge, Delhi thereby dismissing the petition of the appellant and her daughter under Section 25 of the Hindu Marriage Act.3. The crucial question to be examined by this Court, in both the appeals, is that whether the appellant could successf...
Vijay Verma Vs State Nct of Delhi and anr.
Court: Delhi
Decided on: Aug-13-2010
1. Whether reporters of local papers may be allowed to see the judgment? Yes.2. To be referred to the reporter or not? Yes.3. Whether judgment should be reported in Digest? Yes. 1. This petition has been filed under Section 482 Cr. P.C. assailing order of learned A.S.J. dated 7th September, 2009, upholding the order of learned M.M. dated 11th July, 2009.2. Brief facts relevant for the purpose of deciding this petition are that the petitioner herein had filed an application under Section 12 of Protection of Women from Domestic Violence Act making her brother and his wife as respondents. She sought an interim order from the Court of M.M. for immediate residence rights and police protection so that she could stay at premises No. A-181, Defence Colony, Delhi, whenever she visited India. The petitioner is a permanent resident of USA and is living in USA since year 2000. She came to India on a visit on 15th July, 2008 and alleged that when she went to her parental house on 16th July, 2008, s...
Govt. of Nct of Delhi and anr. Vs Sub Inspector Om Prakash Meena and a ...
Court: Delhi
Decided on: Aug-13-2010
1. Whether the Reporters of local papers may be allowed to see the judgment? YES2. To be referred to Reporter or not? YES3. Whether the judgment should be YES reported in the Digest?ORDER.1. The legal question which arises for consideration in the present case is as to whether a probationer, who during the extended period of probation is proceeded against departmentally, can be deemed to have been confirmed on the expiry of the extended period of probation even though departmental proceedings were pending and subsequently culminated in punishment being imposed on the concerned probationer.2. SI Om Prakash Meena/R-1 was appointed as a temporary SI(Executive) in Delhi Police on 10.04.1972 and was confirmed on 10.03.1976. The service tenure of R-1 was chequered inasmuch as his conduct invited censures on three occasions. There were adverse ACRs for two periods and one increment withheld for a period of one year with the suspension period not treated as spent on duty.3. The case of R-1 was...
Dharamveer Vs the State of Delhi
Court: Delhi
Decided on: Aug-13-2010
1. Whether reporters of local papers may be allowed to see the judgment?2. To be referred to the reporter or not?3. Whether judgment should be reported in Digest?1. This appeal has been preferred against the Judgment dated 15 th May, 2010, and Order on Sentence dated 1st June, 2010, whereby the learned Sessions Judge convicted the appellant under Section 323 IPC and under Section 304 Part-II and sentenced the appellant to undergo Rigorous Imprisonment for a period of one and a half year for the offence under section 304 Part-II and a fine of Rs. 500/- and the imprisonment for the period already undergone by the appellant for the offence under Section 323 IPC. 2. Brief facts relevant for the purpose of deciding this appeal are that Dharamveer (appellant) earlier used to live in the same colony where Smt. Amna, the deceased was living. The appellant therefore used to come to that colony occasionally. On 19th February, 2007, appellant had come to that colony and Parvej, aged three years, ...
Dr. Raman Kumar Juneja Vs State (Nct of Delhi)
Court: Delhi
Decided on: Aug-13-2010
1. Whether reporters of local papers may be allowed to see the judgment? Yes.2. To be referred to the reporter or not? Yes.3. Whether judgment should be reported in Digest? Yes. By present petition under Section 482 Cr.P.C. the petitioner has assailed order dated 26th August, 2009 passed by the learned Additional Sessions Judge whereby he allowed an application of the respondent for cancellation of bail of the petitioner and set aside the bail order dated 18th February, 2009 passed by the learned Metropolitan Magistrate.2. It is submitted that the cancellation of bail of an accused can be done by a Court only if there were supervening circumstances which render grant of bail no longer conducive to a fair trial. The law cited by the petitioner regarding cancellation of bail was ignored by the learned Session Judge. It was not a case where petitioner had attempted to interfere with the course of administration of justice or had abused the concession of bail granted by the learned Metropo...
Yogender Singh Gahlot Vs Suman Gahlot
Court: Delhi
Decided on: Aug-13-2010
(1) Whether reporters of local paper may be allowed to see the judgment?(2) To be referred to the reporter or not? Yes (3) Whether the judgment should be reported in the Digest Yes 1. Parties to the petition were married according to Hindu Rites and Customs on 27.11.1995. Two children were born out of the wedlock of the parties. Parties started living separately because of disputes and differences. Since third week of May 2007 the children are in the custody of their mother. 2. Petitioner has filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act (hereinafter referred to as H.M.Act). In the said petition, Respondent filed an application under Section 24 of the H.M.Act. The Trial Court vide impugned order dated 25.08.2008 was pleased to award maintenance @ Rs.3,500/- to the wife and sum of Rs.1,000/- per month to each of the children for their household expenses from the date of the filing of the application till the disposal of the case. This orde...
irfan Ali @ Imran Vs the Commissioner of Police.
Court: Delhi
Decided on: Aug-13-2010
ORDER1. The petitioner has filed the present writ petition with the following prayers:-"a) Issue a writ of mandamus directing, the respondents to adhere to the procedure of law, and not take any coercive steps proceedings otherwise than in accordance with law and right to freedom as enshrined in Constitution of India preserved to the Petitioner. b) Issue a Writ of mandamus directing CBI or any other investigating agency to investigate the genuineness of all the cases pending and FIRs registered against the petitioner, vide FIR No. 479/06 and 506/06 of P.S. New Friends Colony.c) Quash the FIRs registered and cases pending against the petitioner if it is found to be false.d) Take appropriate action against the police officials who are involved in implicating the petitioner in false cases. e) To direct the police not to harass and extort money from the petitioner by issuing threats of implicating him in false criminal cases.f) To direct the trial court to expedite the trial of the cases p...
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