Delhi Court March 2011 Judgments
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Sanjeev Verma Vs. District and Session Judge and Another
Court: Delhi
Decided on: Mar-04-2011
1. Whether reporters of Local papers may be No. allowed to see the judgment?2. To be referred to the reporter or not? No.3. Whether the judgment should be reported in No. the Digest?1. The petitioner herein was appointed as Lower Division Clerk (Ahlmad) by the Court of District & Session Judge, Delhi. At the relevant time, in March 2004, the petitioner was posted as Ahlmad in the Court of Special Metropolitan Magistrate, Parliament Street, New Delhi. On 15 th March, 2004, a raid was conducted and one person, namely, Shri Sunil Verma, was found in the room of the Ahlmad of the Court of Special Metropolitan Magistrate, Parliament Street, New Delhi, who was allegedly personating himself as the Ahlmad of the Court. The petitioner was suspended immediately vide orders dated 16 th March, 2004. The charges framed against the petitioner inter alia stipulated that while working in the Court of Shri S.C. Sareen, Special Metropolitan Magistrate, Parliament Street, New Delhi, the petitioner had en...
Federation of Indian Airlines and ors. Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-04-2011
1. Whether reporters of the local papers be allowed to see the judgment? Yes2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported in the Digest? Yes 1. Invoking the inherent jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners have prayed for declaring the circulars AIC No: 7/2007 dated 28.9.2007, AIC No: 15/2008 dated 31.12.2008, AIC No: 6/2009 dated 30.6.2009, AIC No:13/2009 dated 31.12.2009, AIC No:3/2010 dated 2.6.2010 and the Regulations, namely, Airports Authority of India (General Management, Entry for Ground Handling Services) Regulations, 2007 (for short 2007 Regulations) as ultra vires the provisions of The Aircraft Act, 1934 (for short the 1934 Act), The Aircraft Rules, 1937 (for short the 1937 Rules) and The Airports Authority of India Act, 1994 (for short the 1994 Act) and also ultra vires Articles 14 and 19(1)(g) of the Constitution of India and further to issue a writ of certiorari for quashment of t...
Si Sobhan Baraik Vs. Govt. of Nct of Delhi and ors.
Court: Delhi
Decided on: Mar-04-2011
1. Whether reporters of Local papers may be YES allowed to see the judgment?2. To be referred to the reporter or not? NO3. Whether the judgment should be reported in NO the Digest?These are the applications by the petitioner/applicant seeking condonation of 217 days delay in refiling the review petition and condonation of 104 days delay in filing the review petition. The applicant has contended that after the review application was filed by the applicant certain objections were raised by the Registry. The petition for review was taken back on 19th August, 2010 and after removing the objections the petition was refiled on 10th September, 2010 and, therefore, there is 14 days delay in refiling. However, in the prayer the petitioner/applicant has sought condonation of delay of 217 days. No reason has been disclosed for condonation of delay. The applicant has not given any details as to why the petition with objection was not taken back within time permitted by the Registry. The applicant ...
Sushma Tehlan Dalal Vs. Shivraj Singh Tehlan and ors
Court: Delhi
Decided on: Mar-04-2011
1. Whether Reporters of local papers may Yes be allowed to see the judgment?2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported Yes in Digest?1. This is a suit for partition, cancellation of sale deeds, permanent injunction, rendition of accounts and mesne profits. Late Chaudhary Hukum Singh was the owner of the following properties:(a) 2/28, Roop Nagar, Delhi of 246 square yards on GT Road.(b) Lands in Village Nunglai Sakrawati, Najafgarh Tehsil Jila, Delhi, Delhi in Khasra Nos. 32/3,4,7/1,12/16,13/20,19,25/21/1,27/5/1,1 3/2,242,49,49/1.(c) 3 Farm Land Plots, Alipur Delhi, approximately 18 bighas.(d) Sansar Service Station, Najafgarh (Near Vikas Puri), Delhi;(e) Anup Service Station, Alaknanda upon land on 99 year lessee from DDA;(f) Harjeet Filling Statin with adjoining plot Alipur (on GT Karnal Road), Delhi;(g) 189 Bighas of land situated in Alwar at Khaderpur, Tehsil, Tejara Distt. Alwar, Rajasthan in Khasra No.2 to 16, 23 to 26, 38, 140, 138, 14...
Anil Kumar Vs. State
Court: Delhi
Decided on: Mar-03-2011
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. This Appeal is directed against the judgment dated 22.12.1997 and the order on sentence dated 23.12.1997 whereby the Appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code (Code) and was sentenced to undergo imprisonment for life.2. Succinctly stated, the prosecution case is that on 12.04.1989 at about 8:45 A.M. Mohan Lal Jain, husband of the deceased Rita Jain (R) as usual left for his shop. His two children Master Kapil, aged 12 years and Kumari Shikha, aged 11 years also left for their school. At about 10:30 A.M. one boy came there and straight away entered the house of R. At that time, R was talking to PW-3 Smt. Manju Gupta, her neighbour. On inquiry as to the identity of the said boy, R informed PW-3 that the boy (Appellant) was her nephew (Nanad's son).3. After a fe...
Ex. Ct. Mahadev Vs. Uoi and ors.
Court: Delhi
Decided on: Mar-03-2011
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. The petitioner, Ct.Mahadev, at the relevant time attached to the 131st Bn. BSF was charged as under:- "The accused No.89131037 Const.Mahadev, of 131 Bn. BSF is charged with:BSF ACT COMMITTING A CIVIL OFFENCE, THAT IS TO SAY SEC.48 MURDER, PUNISHABLE U/S 302 IPCIn that he, In a rubber garden located between BP No.2007/S-3 and BP No.2008/MP in AOR of BOP Bamutia, on 05/06/1004 at about 08:15 hrs by firing shots from his INSAS Rifle bearing Butt No.503, Body No.16397/159 caused the death of a civilian namely Nandan Deb S/o Sh.Atinder Dev R/o Village-Rangotia, PS-Sidhal, Distt.-West Tripura and thereby committed murder."2. The petitioner has been held guilty and he has been sentenced to suffer imprisonment for life and has been dismissed from service.3. Let us begin by noting the statement by way of defence of the peti...
Creative Home Fashions Limited Vs. Union of India and Others
Court: Delhi
Decided on: Mar-03-2011
1. Whether reporters of the local papers be allowed to see the judgment? Yes2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported in the Digest? Yes1. By this writ petition preferred under Article 226 of the Constitution of India, though many a relief has been sought, yet in the course of hearing, we have made it clear that we would only address the first two prayers and it would be open to the petitioner to seek the other reliefs by way of an independent writ petition, if so advised. The first two prayers read as under:-"(i) Proviso III to Section 15 of the Sick Industries Companies (Special Provisions) Act, 1985 be declared, unconstitutional, ultra vires the Constitution of India and/or null and void;(ii) Proviso II & III to Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 be declared unconstitutional, ultra vires the Constitution of India and/or null and void."2. First, we shall t...
Jitender Kumar Vs. M/S Goel Estate Finance and ors
Court: Delhi
Decided on: Mar-03-2011
1. Whether the Reporters of local papers may be allowed to see the judgment?2. To be referred to the Reporter or not?3. Whether the judgment should be reported in the Digest? 1. These cases are on the Regular Board of this Court since 17.1.2011. Today these are effective item no. 5 on the Regular Board. It is 12:25 pm but no one appears for the parties. I have therefore perused the respective records and am proceeding to dispose of the appeals.2. By means of these two regular first appeals under Section 96 of the Code of Civil Procedure, 1908 challenge is laid to the impugned judgment and decree dated 12.7.2001 passed by the trial court whereby the suit of the respondent no.1/plaintiff was decreed for recovery of Rs.1,37,280/- along with the interest at the rate of 12% p.a., as the appellants failed to repay the loan which was granted to Sh. Jitender Kumar, the appellant in RFA 533/2001. With respect to the loan, guarantees were executed by one Romesh and Sh. Balbir Singh, the appellan...
Shri H.S.Mehta and anr. Vs. United India Insurance Company Ltd.
Court: Delhi
Decided on: Mar-03-2011
1. Whether the Reporters of local papers may be allowed to see the judgment?2. To be referred to the Reporter or not?3. Whether the judgment should be reported in the Digest? 1. The challenge by means of this regular first appeal under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 18.7.2001 whereby the suit of the appellants/landlords for recovery of rent of the demised premises from 6.11.1994 to April, 1997 (when the suit was filed), was dismissed on the ground that the respondent/ insurance company was not using the premises since the fire broke out in the premises on 6.11.1994 and the respondent/defendant/insurance company did not get back the possession after the premises were repaired. 2. The only issue which was relevant for being decided before the trial court was whether the respondent had handed over possession of the premises back to the appellants/landlords. The trial court has dealt with this aspect of the matter in para 13 of ...
Varun Kumar Agarwal Vs. Union of India and ors
Court: Delhi
Decided on: Mar-03-2011
1. Whether reporters of the local papers be allowed to see the judgment? Yes2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported in the Digest? Yes1. In this intra-court appeal, the assail is to the order dated 9th August, 2010 passed by the learned Single Judge in WP (C) No. 4272/2010 whereby he had declined to accede to the reliefs sought by the writ petitioner (hereinafter referred to as the appellant), principally the relief to give him admission in MS/MD course at All India Institute of Medical Sciences (AIIMS).2. Sans unnecessary details, the facts which are necessary to be stated for disposal of the present appeal are that the appellant had appeared in the entrance examination held by the AIIMS for admission to the post graduate course commencing in the academic session in July, 2010. The appellant had secured 179 rank in the merit list and was called for counselling. As pleaded in the writ petition, the original counselling was scheduled for 1...
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