Delhi Court October 2011 Judgments
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Mrs. Harinder Dewan Vs. Shri Ravi Dewan
Court: Delhi
Decided on: Oct-10-2011
1. This is a suit for permanent and mandatory injunction. The plaintiff is the wife of the defendant, they having got married on 24 th January, 1975. It is alleged that on 13th April, 2003, the plaintiff had to leave for USA to attend the funeral of her mother. When she returned to India in July, 2003 she was not allowed to enter the matrimonial house of the parties. It is alleged that a three-bed room apartment bearing No. C-101, Vasundhara Apartments, Dwarka, New Delhi was purchased by the defendant in the name of the plaintiff and for her benefit. The defendant also purchased a double storey house bearing H.No.670, Ajit Singh Nagar, Mohali Phase-II, Punjab in the joint name of the parties and has let out the ground floor of the aforesaid house at the monthly rent of Rs.15,000/-. The flat bearing C-101, Vasundhara Apartments, Dwarka, New Delhi as well as H.No.670, Ajit Singh Nagar, Mohali Phase-II, Punjab are stated to be in the possession and control of defendant along with the doc...
Vineet JaIn Vs. Nct of Delhi and ors.
Court: Delhi
Decided on: Oct-10-2011
1. Backdrop facts giving rise to the present petitions are that on 03.06.2006 the Crime Branch of Delhi Police raided Rajdoot Hotel on Mathura Road and arrested 13 girls allegedly performing obscene dance in the hotel. 2. FIR No.391 dated 4.6.2006 for offences punishable under Section 294/109/34 IPC read with Section 8 of Immoral Trafficking Act was registered at PS Nizamuddin on the statement of Sh.Rajeev Kumar Choudhary, a decoy sent, English Translation of which reads as under: "It is stated that I have been residing at the above-said address and I am a Horticulture Contractor by profession. Today I came towards Jangpura for some work. At about 10.40 pm you met me on the Mathura Road towards Bhogal side opposite Rajdoot Hotel. You told me that the Hotel Management of Eldarado Bar of Rajdoot Hotel illegally performing the dances with obscene actions. You have further told me that the Dancing Girls with their indecent acts exciting for sex activities and that they grab customers for i...
Sunil Kumar Vs. Sahi Ram
Court: Delhi
Decided on: Oct-05-2011
1. This petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 (hereinafter called 'the Act') has been filed against the order passed by the Rent Controller (South) whereby the application filed by the petitioner-tenant seeking leave to defend the eviction petition filed against him by his landlord, the respondent herein, under Section 14(1) (e) of the Act in respect of shop no. 378/5 on the ground floor of property no. 378, Hanuman Market, Munirka, New Delhi (hereinafter to be referred as the 'tenanted shop') has been dismissed and he has been ordered to vacate the tenanted shop. 2. The respondent -landlord had let out the tenanted shop to the petitioner's father and after his father's death the petitioner became the tenant by operation of law. In June, 2008 the respondent filed an eviction petition against the petitioner, under Section 14(1) (e) of the Act alleging that he was 80 years old and was unable to undertake any work to earn livelihood for himself and his family...
Mohd. Yunus Vs. the State (Delhi)
Court: Delhi
Decided on: Oct-05-2011
1. This appeal is directed against the judgment dated 15.03.1997 delivered by the learned Additional Sessions Judge, Shahdara in Sessions Case No.79/1996 arising out of FIR No.741/1991 under Sections 302/34 IPC registered at Police Station Trilokpuri, whereby the present appellant Mohd. Yunus and the co- accused Bobby Khanna (since deceased) were held guilty of having committed an offence punishable under Sections 302/34 IPC. The appeal is also directed against the order on sentence passed by the learned Additional Sessions Judge on the same date, that is, on 15.03.1997, whereby both the accused, namely, Bobby Khanna (since deceased) and Mohd. Yunus (the present appellant) were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs 500/- each and, in default whereof, to further undergo rigorous imprisonment for one month each. 2. It is relevant to note that both Bobby Khanna (since deceased) and the present appellant (Mohd Yunus) were faced with the following charg...
Krishan Kumar Nagar Vs. Delhi Transport Corporation
Court: Delhi
Decided on: Oct-05-2011
1. The Petitioner, who was working as a Conductor with the Respondent Delhi Transport Corporation („DTC') challenges an Award dated 25th February 2000 passed by the Labour Court dismissing his claim in ID No. 52 of 1988.2. The Petitioner joined the DTC as a Retainer Crew in 1982. On 21st December 1984 while he was performing his duties in Bus No. 4047 on Route No. 521 he was intercepted by the checking staff of the DTC at Lodhi Road. One group of five passengers and another group of three passengers who had boarded the bus from Plaza for Dakshin Puri and Madangir had not been issued tickets up to Lodhi Road. Consequent upon a domestic enquiry the Petitioner was removed from service. The resultant industrial dispute was registered as ID No. 52 of 1988.3. On 2nd April 1994 the Labour Court passed an order holding that the Enquiry Officer („EO') had failed to comply with the departmental instructions and did not give a fair opportunity to the workman to defend himself. Further...
Sudesh Kumar Shukla Vs. Guru Harkrishan Public School and ors.
Court: Delhi
Decided on: Oct-05-2011
1. The Petitioner who was working as a trained graduate teacher („TGT') in Music in the Guru Harkrishan Public School at Nanak Piao, Delhi („the School'), Respondent No.1, has in this writ petition questioned the termination of his services by the School and sought reinstatement and full back wages.2. The Petitioner was appointed as a TGT in Music in the School initially on probation for a period of one year by Memorandum dated 31st October 1994. By a Memorandum dated 3rd November 1995 he was confirmed as TGT (Music) with effect from 1st November 1995. By another Memorandum dated 9th January 1997, the Petitioner was promoted to the post of Post Graduate Teacher („PGT') (Music) with effect from 1st January 1997. 3. In January 2000, the Petitioner and another teacher Mrs. Sunita Kainth were deputed by the School to accompany some of the girl students participating in a national group folk song competition held in Ahmedabad on 15th January 2000. Acting on complaints...
Rekha Nagar Vs. National Crime Records Bureau, Govt. of India, Ministr ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Oct-04-2011
(ORAL) 1. The applicant is aggrieved by the Annexure A-1 office memorandum dated 29.8.2011 by which she was asked to give explanation regarding the ST certificate furnished by her which is found to be a fake one. However, the counsel for applicant has requested to permit him to withdraw this OA with liberty to file a fresh one incorporating some additional grounds. 2. In view of the above, this Original Application is dismissed as withdrawn with liberty as sought for by the learned counsel....
Oriental Insurance Co. Ltd. Vs. Shivam Bhagat and ors.
Court: Delhi
Decided on: Oct-03-2011
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 19.12.2007 passed by the Motor Accident Claims Tribunal, New Delhi.2. The material facts relevant for the decision of the present appeal are not in dispute. A claim petition for compensation under Section 166 and 140 of the Motor Vehicles Act, 1988 was filed by the respondents No.1 to 4 claiming compensation for the untimely demise of one Ram Lal Meena in a road accident from the appellant, the respondent No.5 and one Shri Ram Naresh son of Shri Subh Pal Singh, being the insurer, the owner and the driver of the offending vehicle respectively, which was later on converted to a petition under Section 163-A of the Motor Vehicles Act, on an application filed by the respondents No.1 to 4. Subsequently, the name of Shri Ram Naresh Singh, the driver of the offending vehicle was also deleted from the array of parties. The said claim petition was disposed of by the Motor Accident Cl...
Devki Nandan Malhotra and ors. Vs. Rajendra Singh and ors.
Court: Delhi
Decided on: Oct-03-2011
1. By this common order, it is proposed to decide both the aforesaid appeals which have arisen from the same motor accident and the claims in respect of which have been decided by the Motor Accidents Claims Tribunal by its common judgment and award dated 07.09.2002.2. Concisely, the facts of the case are that on the night of 13.01.1997, at around 9:50 p.m., one Harish Chander Malhotra and his wife Smt. Kanta Malhotra were going on a two-wheeler scooter bearing No.DL-58B-2579 from Jitar Nagar to Noida, when they met with a motor vehicular accident, caused by the rash and negligent driving of the truck bearing No.AP-094-6898, in which both Harish Chander Malhotra and his wife received fatal injuries and were declared dead when taken to the hospital. Separate Claim Petitions were filed by the legal representatives of both the deceased, one being Suit No.703/97 (New No.597/01), filed by the legal representatives of deceased Harish Chander Malhotra, namely, Devki Nandan Malhotra (father), J...
irfan Alias Babloo Vs. State N.C.T. of Delhi
Court: Delhi
Decided on: Oct-03-2011
1. By the present appeals, the Appellants lay a challenge to the judgment dated 21st August, 2001 passed by learned Additional Sessions Judge convicting the Appellants for offences punishable under Sections 452/395/397/34 IPC and Section 27 of Arms Act and order on sentence dated 21st August, 2011 whereby Appellants were sentenced to undergo Rigorous Imprisonment for 3 years and a fine of Rs. 1,000/-, in default of payment of fine to further undergo Rigorous Imprisonment for one month for offences punishable under Section 452 IPC., Rigorous Imprisonment of 7 years and fine of Rs. 1,000/-, in default of payment of fine to undergo Rigorous Imprisonment of one month under Section 397 IPC. Appellant Salim was also sentenced to undergo Rigorous Imprisonment for three years and to pay a fine of Rs, 500/- and in default of payment of fine to undergo Rigorous Imprisonment of 15 days for offence punishable under Section 27 Arms Act.2. Briefly the prosecution case is that on 8th July, 1999 at ab...
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