Delhi Court November 2011 Judgments
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Management Committee of Shiksha Vs. Director of Education and anr
Court: Delhi
Decided on: Nov-24-2011
1. The chequered history of the past litigation between the parties commencing from WP(C) No.5264/1998 and the various other writ petitions filed by the parties ultimately culminating in the order dated 31st March 2009 passed by the Delhi School Tribunal allowing the appeal filed by Deepshikha Saxena, the respondent No.2 in LPA No.586/2011, and ‘The Managing Committee of Shiksha Bharti Senior Secondary School’ the appellant of LPA No.660/2011 has been noted in detail by the learned Single Judge in paras 1 to 12 of the impugned order dated 27th April 2011 and we do not note the same for the reason the grievance raised before us by the Management Committee of Shiksha Bharti Senior Secondary Public School is to the direction that 50% back- wages be paid to Deepshikha Saxena from 20th May 1998 till 31st March 2009 and in addition `40,000/- be paid to her as compensation in lieu of reinstatement. The grievance of Deepshikha Saxena is, and we note the prayer clause in the appeal ...
State Bank of Indore Vs. Umesh Mediratta and anr
Court: Delhi
Decided on: Nov-24-2011
1. Vide CM No.12856/2011, the appellant/judgment debtor, seeks leave of this Court to deposit a sum of `49,52,858/- i.e. the decretal amount in this Court. The amount has already been deposited. The amount has been invested in a fixed deposit. Vide CM No.17936/2011 the decree holders i.e. the respondents seek liberty to withdraw the amount upon furnishing security. 2. Since learned counsel for the parties have agreed to argue the appeal today itself, we dispose of both applications holding that they have been rendered infructuous. CM No.8859/2010 1. The appellant desires to place on record two documents : (i) A letter dated 26.04.2001 written to the Chief Manager, State Bank of Indore. The letter has been signed by Umesh Mahandiratta and Ruby Mahandiratta i.e. the respondents. (ii) Photographs of the suit property taken on 02.05.2003. 2. The relevance of the two documents, as guided to us by leaned counsel for the appellant, is that the first document would establish the fact that post...
J.K. Industries Ltd Vs. D.S. Strategem Trade A.G
Court: Delhi
Decided on: Nov-24-2011
1. An Arbitral Award dated 15th May 1998 passed by the ICC International Court of Arbitration ('IICA') has in this petition under Section 34 of the Arbitration and Conciliation Act 1996 ('Act') been challenged by the Petitioner, J. K. Industries Limited. By the impugned Award the IICA has held that the Petitioner is liable to pay the Respondent D. S. Strategem Trade A. G. Switzerland, US$ 1464873.63 and interest after 31st December 1997, including post-award rate of interest based on the LIBOR prevailing at the time of making the payment.2. It may be noticed at the outset that on account of the failure of the Petitioner to pay its share of the Arbitrators' fees and costs, the copy of the Award was not released to it for a long time after it was made. It is only after Petitioner made payment that by a letter dated 24th September 2004, the Secretariat of the IICA dispatched to the Petitioner a copy of the Award. Thereafter the present petition was filed on 14th December 2004. Initially b...
Dharam Singh Vs State and anr
Court: Delhi
Decided on: Nov-24-2011
1. Learned counsel for the petitioner submits that vide FIR No.329/2001 dated 12.07.2001 a case under Section 324/34 Indian Penal Code, 1860 was registered against the petitioner on the complaint of respondent No.2 at police station Shakarpur, Delhi.2. He further submits that petitioner and respondent No.2 are real brothers and now they have amicably settled all the issues qua the present FIR and respondent No.2 does not wish to pursue his case any further.3. Respondent No.2 is personally present in the Court with her counsel Mr.S. K. Runga, learned Senior Advocate. On instructions, learned Senior Advocate submits that all the issues with respect to abovesaid FIR has been settled with the petitioner and respondent No.2 does not wish to pursue his case no more and he has no objection, if the present FIR is quashed.4. Ms.Rajdipa Behura, learned APP for State submits that on completion of investigation, charge-sheet has been filed in the Trial Court; however, charge has yet not been frame...
Dharam Singh Vs. State and anr
Court: Delhi
Decided on: Nov-24-2011
1. Instant petition has been preferred by the petitioner against the impugned order 22.05.1999 whereby learned Trial Court has issued summons against the petitioner for the offence under Section 420 Indian Penal Code in the complaint case filed by respondent No.2.2. He further submits that petitioner and respondent No.2 are real brothers and now they have amicably settled all the issues qua the present complaint case and respondent No.2 does not wish to pursue his case any further.3. Respondent No.2 is personally present in the Court and has been duly identified by his counsel Mr.S. K. Runga, learned Senior Advocate. On instructions, learned Senior Advocate submits that all the issues with respect to present complaint case has been settled with the petitioner and respondent No.2 does not wish to pursue his case no more and wishes to withdraw the same having been amicably settled.4. Mr.Navin Sharma, learned APP for State submits that being the complaint case, he has no objection if the ...
Manju Vs. State of Nct Delhi
Court: Delhi
Decided on: Nov-24-2011
1. Vide the instant petition the petitioner has assailed the order dated 31.01.2011, whereby ld. Additional Sessions Judge (02) West, Delhi passed order on charge and vide separate order on the same date, charge under Section 368 Indian Penal Code, 1860 has been framed against the petitioner.2. The facts in the instant case are extremely peculiar. All the accused namely Vijay Lal, Kailash and Nanhe Lal have been charge- sheeted by police Station Nihal Vihar for the offence under section 363/376G/328/506/342/34 Indian Penal Code, 1860 on the allegations that on 25.07.2009 at about 2 PM at B30220, Chandan Vihar, Nihal Vihar, Nangloi accused Nanhe Lal kidnapped prosecutrix and took her to the factory near Mundka Metro Station with an intent that she will be compelled to marry against her will and to seduce her for illicit intercourse and thereafter committed rape upon her.3. As per the prosecution story, Nanhe Lal also made the prosecutrix smell a stupefying thing with intention to kidnap...
Chander Pal Vs. the Cmd
Court: Delhi
Decided on: Nov-24-2011
1. The petitioner has challenged the order dated 30 th May, 2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.1988/2010 preferred by the petitioner; by means of the aforesaid order the OA of the petitioner has been dismissed. The petitioner also filed RA No.205/2011 which met the same fate as the said review application has also been dismissed vide order dated 14 th July, 2011. This order is also subject matter of challenge in the present proceedings.2. In order to understand the controversy, we would like to recapitulate the relevant facts.3. The petitioner herein was appointed as Driver by the respondent Delhi Transport Corporation (DTC) on 27th February, 1978. The services of the petitioner were terminated on 12th June, 1989; it was treated as "deemed resignation" on the ground that the petitioner had not been attending duties and was unauthorizedly absent. The aforesaid deemed resignation/termination was challenged by the petitioner by raising ...
Rajiv Asthana Vs. Housing and Urban Development Corporation Limited (H ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Nov-24-2011
V.K. Bali, Chairman : MA No.2838/2011 1. In hand, is an application for clarification of order dated 5.09.2011 vide which, the OA was dismissed as withdrawn on the statement made by the learned counsel for the applicant that the necessary relief has been given. In the present application, it is stated that no relief has been given to the applicant. The applicant, who appears in person, states that there will be no need to go to decide the present MA as he would like to withdraw the OA itself without any rider. MA is accordingly dismissed as having become infructuous. OA No.2646/2010 In view of the statement made by the applicant, who is present in person, the Original Application is dismissed as withdrawn since the MA has already becomes infructuous....
Dr. Pankaj Dabas and Another Vs. Municipal Corporation of Delhi Throug ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Nov-24-2011
(ORAL) : Justice V. K. Bali, Chairman : 1. After arguing for some time, counsel for applicant seeks permission to withdraw this OA with liberty to file a fresh one wherein, primary relief that may be sought for would be, since there are regular appointments available for Doctors, the respondents instead of resorting to ad hoc appointments or contractual should make regular appointments. 2. With leave and liberty, as asked for, the Original Application is dismissed as withdrawn....
Awadhesh Kumar Vs. Union of India and Others Through the Secretary Min ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Nov-24-2011
Justice V. K. Bali, Chairman: 1. Confronted with the position that even though, the case was earlier covered by the decision of this Tribunal in OA No.718/2010 in the matter of L. R. Meena versus Union of India and Others, but the same has since been set aside by the High Court in a Writ Petition No. 1505/2011 decided on 14.09.2011, counsel for applicant would fairly states that let this OA be dismissed as withdrawn, with liberty to the applicant to file a fresh OA in case the judgment of the High Court is set aside by the Hon’ble Supreme Court. 2. With leave and liberty, as asked for, the Original Application is dismissed as withdrawn....
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