Delhi Court March 2011 Judgments
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Constable Gajendra Prashad Vs. Uoi and anr.
Court: Delhi
Decided on: Mar-15-2011
1. Whether the Reporters of local papers may be allowed to see the judgment?2. To be referred to Reporter or not?3. Whether the judgment should be reported in the Digest? 1. In August 1990 the petitioner was inducted in ITBP, a Central Para-Military Force as a Constable and discharged his duties to the best of his abilities. Posted at Phobrang in the year 1998, the harsh climatic conditions of the place, where during winters the temperature falls as low as -20 centigrade, took its toll when while on duty the petitioner suffered severe frost bite.2. The petitioner was diagnosed with 'Peripheral Vascular Disease (PVD)' of both lower limbs and surgery had to be performed upon the petitioner. The right lower limb, above knee, had to be amputated and the left great toe had to be amputated.3. The medical board, at which petitioner was examined, opined that the petitioner was completely and permanently incapacitated to perform the duties of a combat constable. The petitioner was placed in ext...
Ram Niwas Vs. the Financial Commissioner and ors.
Court: Delhi
Decided on: Mar-15-2011
1. Whether reporters of Local papers may be allowed to see the judgment? Yes2. To be referred to the reporter or not? Yes3. Whether the judgment should be reported Yes in the Digest?1. The writ petition impugns:-(i) Order dated 3rd April, 1981 of the Revenue Assistant, Delhi dismissing the application under Section 11(1)(a) of the Delhi Land Reforms Act, 1954 of the deceased petitioner no.1 Sh. Dedh Raj @ Desh Raj. (during the pendency of the said application, the petitioner no.2 herein Sh. Ram Niwas was allowed to be impleaded as applicant no.2.).(ii) The order dated 20th September, 1983 of the Additional Collector, Delhi dismissing the first appeal under Section 185 of the Reforms Act of Sh. Dedh Raj and Sh. Ram Niwas against the order aforesaid of the Revenue Assistant.(iii) Order dated 22nd November, 1984 of the Financial Commissioner dismissing the second appeal of Sh. Dedh Raj and Sh. Ram Niwas against the order aforesaid of the Additional Collector, Delhi.2. The petitioners also...
Freedom Fighters Social Welfare Association and ors. Vs. Uoi and ors.
Court: Delhi
Decided on: Mar-15-2011
1. Whether reporters of Local papers may be allowed to see the judgment? Yes2. To be referred to the reporter or not? Yes3. Whether the judgment should be reported Yes in the Digest?1. This batch of seven petitions entails the usual tussle of mankind i.e. of deforestation with a short time perspective to use the land of which no more is being produced for residential and commercial purposes, as against of afforestation with the long term perspective of preserving the environment necessary for the very existence of mankind.2. The challenge in each of the petitions is to the steps taken by the respondents (being the Revenue, Forest and Flood Control Departments of the Government of NCT of Delhi (GNCTD)) pursuant to the Notification dated 2nd April, 1996 of the GNCTD. The said Notification was issued in pursuance to the directions given by the Supreme Court in orders dated 25th January, 1996 and 13th March, 1996 in I.A. Nos.18 & 22 in Writ Petition (Civil) No.4677/1985 titled M.C. Mehta v...
Brig. V.Jaikumar Vs. Uoi and ors.
Court: Delhi
Decided on: Mar-15-2011
1. Whether the Reporters of local papers may be allowed to see the judgment?2. To be referred to Reporter or not?3. Whether the judgment should be reported in the Digest? 1. Petitioner Brig.V.Jaikumar was commissioned in the Corps of Signals in 1976 and held a number of important assignments including Regimental, Instructional, Foreign and Staff. As per him, over the years he has specialized and acquired skill in the operationalization of new state of art systems including the technical, managerial, training and organizational aspects.2. National Security Guards (NSG) was set up in the year 1984 and is a fully deputationist force. It draws man power from the army and Central Para-Military Forces such as BSF, CRPF, ITBP and CISF.3. The post of DIG (Communication) in NSG was lying vacant and on 17.10.2008 the petitioner was taken on deputation for a period of 3 years as DIG (Communications) NSG. Petitioner took charge on 3.11.2008. The deputation had to last for a period of 3 years. But,...
State Bank of India Vs. Smt.Vijay Lakshmi Thakral
Court: Delhi
Decided on: Mar-15-2011
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 reported Yes in the Digest?1. By this appeal filed under Section 96 of the Code of Civil procedure, 1908 the appellant seeks to set aside the judgment and decree dated 11.11.2002 passed by the Court of the ADJ, Delhi whereby the suit for recovery filed by the respondent was decreed in favour of the respondent and against the appellant.2. Brief facts of the case relevant for deciding the present appeal are that the respondent is the widow of late Sh. Satish Chander Thukral who was working as an officer in the State Bank Of India and had expired on 22.11.84 leaving behind the respondent widow and his mother as legal heirs. That after the death of her husband, the respondent vide her application dated 29.3.85 requested the appellant bank to release his terminal dues like provident fund and gratuity, etc. In response, when the Bank asked...
Ram Het Meena Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-15-2011
1. Whether the Reporters of local papers may be allowed to see the judgment?2. To be referred to Reporter or not?3. Whether the judgment should be reported in the Digest?1. Vide order dated 13.1.1990, it has been intimated to the petitioner that the Appointing Authority finds him unsuitable for service in CISF, a Central Para-Military Force.2. Petitioner successfully cleared the selection process for appointment as a Constable-Driver under CISF but on account of being convicted for an offence punishable under Section 336 IPC, was let off on probation, has been rendered a person of questionable antecedents by the Appointing Authority of CISF.3. It would be noted that the petitioner was charged for offences punishable under Section 323, 324, 325, 336 and 341 IPC. There were 3 other co-accused. It was alleged that the 4 accused had attacked one Anil on a boundary dispute in the village. Pertaining to the offences punishable under Section 323, 324, 325 and 341 IPC, the parties entered into...
Brijpal @ Birju Vs. State
Court: Delhi
Decided on: Mar-15-2011
1. Whether reporters of local papers may be allowed to see the Order? Yes2. To be referred to the Reporter or not? Yes3. Whether the Order should be reported in the Digest? Yes1. Appellant Brijpal @ Birju impugn the judgment dated 13.09.2010 and the order on sentence dated 15.09.2010, whereby he was convicted for the offence punishable under Section 302 of the Indian Penal Code (Code) and was sentenced to undergo imprisonment for life and to pay fine of `1,000/- or in default of payment of fine to undergo Rigorous Imprisonment for six months.2. Briefly put, the prosecution case is that the Appellant, who is PW-2 Satish Kumars cousin (Mausi's son) along with his wife Laxmi and three sons Golu, Rudraksh and Anuj went to PW-2s house on 03.04.2007 to stay as a guest. On 05.04.2007 there was an election in the Metropolitan City of Delhi for MCD. According to the prosecution, at about 9:45 A.M., PW-1 Smt. Lokesh and PW-2 Satish proceeded to the Polling Booth situated at MCD School, Madanpur ...
Radhika Choudhary Vs. M/S Payal Visions Pvt. Ltd.
Court: Delhi
Decided on: Mar-14-2011
1. Whether Reporters of local papers may be allowed to see the judgment? (No)2. To be referred to the Reporter or not? (No)3. Whether the judgment should be reported in the digest? (Yes) 1. This appeal is directed against the judgment and decree dated 24.10.2008 passed by the Additional District Judge, Delhi in a suit for possession of suit property and mesne profits which had been filed by the respondent-plaintiff (hereinafter to be referred to as the plaintiff) against the appellant-defendant(hereinafter to be referred to as the defendant). In the impugned judgment upon admission the learned Additional District Judge by invoking the provisions of Order XII Rule 6 of the Code of Civil Procedure (CPC in short) came to a finding that a case of ejectment was made out against the defendant on the basis of admission of the case of the plaintiff-landlord in the written statement filed by defendant.2. The material facts of the case are that the plaintiff, claiming to be the landlord/owner of...
Rustam Decd Thr Lrs and ors. Vs. Jamia Milia Islamia University and or ...
Court: Delhi
Decided on: Mar-14-2011
1. Whether the Reporters of local papers may be allowed to see the judgment?2. To be referred to Reporter or not?3. Whether the judgment should be reported in the Digest? 1. A common judgment dated 22.1.2010 has resulted in three writ petitions, being W.P.(C) No.4929/2007, W.P.(C) No.4930/2007 & W.P.(C) No.5292/2007 being disposed of. The appellants of LPA No.117/2010 were the writ petitioners of W.P.(C) No.4930/2007. The appellants of LPA No.118/2010 were the writ petitioners of W.P.(C) No.4929/2007. The appellants of LPA No.120/2010 were the writ petitioners of W.P.(C) No.5292/2007. All the appellants had challenged an order dated 6.7.2007 passed by a learned Additional District Judge upholding orders passed by the Estate Officer of the first respondent ordering possession to be recovered of the subject land from the appellants in proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act 1971.2. All and sundry defences were raised by the appellants before the Est...
Raj Kumar @ Raja Vs. the State (Nct of Delhi)
Court: Delhi
Decided on: Mar-14-2011
1. Whether Reporters of local papers may be allowed to see the judgment Yes2. To be referred to the Reporter or not Yes3. Whether the judgment should be reported in Digest Yes 1. This appeal is directed against the judgment dated 13.02.2008 passed in Sessions Case No.35/2007 by the learned Additional Sessions Judge, Delhi, arising out of FIR No.425/2006 registered at Police Station Nabi Karim on 29.12.2006. The appellant has been convicted under Section 302 IPC for having committed the murder of one Rashid in House No. BB 448, Ashoka Basti, Nabi Karim, Delhi. The appeal is also directed against the order on sentence dated 14.02.2008, whereby the appellant Raj Kumar @ Raja was directed to undergo imprisonment for life and was also liable to a fine of ` 2,000/- for the offence under Section 302 IPC. In default of the payment of fine, the appellant was directed to undergo simple imprisonment for three months.2. The appellant Raj Kumar @ Raja is an eunuch and it is the case of the prosecut...
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