Delhi Court April 2011 Judgments
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Ex Nc (E) Am Mahato Vs. the Union of India and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: Apr-27-2011
1. This appeal u/s 15 of the Armed Forces Tribunal Act, 2007 (which hereinafter called to be an Act) was brought. In this Appeal challenge is made to the order dt 28.11.08 passed by AOC-in C (SWAC) whereby the appellant was dismissed from service for the alleged disgraceful conduct/mis-conduct for kissing a little girl. It is said that the show cause notice purported to have been given u/s 20 (3) r/w Rule 18 of Air Forces Rule 1969 was not drawn on the basis of evidence collected in the Court of Inquiry. The entire case was fabricated against the accused appellant because of personal enmity of the appellant with some of the officers/officials of the establishment. He was not afforded full and fair opportunity to cross examine the witnesses examined in the Court of Inquiry. In as much the testimony of the victim girl does find any corroboration from any independent evidence. Even the parents of the little girl can not be said to be the eye-witness of the incident. Further the Court of ...
Ajay Goswami. Vs. State of Delhi.
Court: Delhi
Decided on: Apr-26-2011
1. This judgment will dispose of an appeal against the judgment and order of the learned Addl. District and Sessions Judge (hereafter "Trial court") dated 16.01.1998 and the sentence imposed upon the Appellant on 20.01.1988. By the impugned judgment, the appellant was held guilty of committing offence punishable under Section 302 IPC, and sentenced to undergo life imprisonment as well as pay Rs. 1000/- as fine, in default of which to undergo Rigorous Imprisonment for one month.2. The prosecution alleged that on 07.06.1993, at about 6.15 AM, PW-3, PW-4 Sunil Sagar and PW-5 Inderpal were going for a morning walk. While passing through Mandoli Road, Ram Nagar, Near Tafsil Bakery, they saw the appellant and another boy with him, in front of the appellant's house, at a distance of 10-15 paces. It is alleged that the Appellant was armed with a knife. The appellant allegedly gave a knife blow to Virender Kumar and when they (PW-3, 4 and 5) moved towards the appellant, he dragged the victim in...
A. Dhanwanti ChandelA. Vs. Balbir Tyagi and ors.
Court: Delhi
Decided on: Apr-26-2011
1. Whether Reporters of local papers may beallowed to see the order? Yes2. To be referred to the Reporter or not? Yes3. Whether the order should be reported in Digest? Yes 26 .04.20111. Aggrieved by the dismissal of her election petition CS (OS) No. 44 of 2007 challenging the election of Respondent No. 1, Mr. Balbir Tyagi, to the Municipal Ward No. 116, Vikas Puri, New Delhi by the impugned judgment dated 3rd April 2010 of the learned Additional District Judge (ADJ), the Petitioner A. Dhanwanti Chandela has filed the present petition.2. At the election to Municipal Ward No.116 held on 5th April 2007, the Petitioner was the candidate of the Jharkhand Mukti Morcha (JMM) and Respondent No. 1 Balbir Tyagi was the candidate of the Bharatiya Janata Party (BJP). Respondent No. 4 was the other contesting candidate. In the election petition filed on 24th April 2007 the Petitioner stated that subsequent to the declaration of results she came to know through various sources that Respondent No. 1 ...
Mrs. Perminder Kaur. Vs. Mr. Harbans Singh Gulati and Others.
Court: Delhi
Decided on: Apr-26-2011
1. This is a suit for partition and injunction. Late Dr. Prabh Dayal Singh Gulati was the lessee of land comprised in plot No.19/6, Kalkaji, New Delhi admeasuring about 200 sq.yds. having been leased out by Land & Development Office (L&DO;). A residential house was constructed on the aforesaid plot of land by late Dr. Prabh Dayal Singh Gulati, who expired on 27 th December, 1990 leaving four sons and one daughter as his legal heirs, his wife having predeceased him. Defendant Nos.1 and 2 are the surviving sons of late Dr. Prabh Dayal Singh Gulati. Mr. Kuldip Singh Gulati is one of the three surviving sons of late Dr. Prabh Dayal Singh Gulati and his fourth son, Dr. Iqbal Singh Gulati has died. The case of the plaintiff is that in his life time, Dr. Iqbal Singh Gulati had bequeathed his share in the suit property to Smt. Sushil Kaur, who has also expired leaving defendant Nos. 3 & 5 and plaintiff as her legal heirs. This is also the case of the plaintiff that Shri Kuldip Singh Gulati had...
Independent Schools' Federation of India. vs. Central Board of Seconda ...
Court: Delhi
Decided on: Apr-26-2011
1. The petitioner, claiming to be an All-India association of schools affiliated inter alia to the respondent no.1 Board and working for the interest of the said schools and to assist them in their quest for excellence in education, has filed this writ petition impugning the Circular No. 39 dated 20th September, 2009, Circular No.40 dated 29th September, 2009 of the respondent no.1 Central Board of Secondary Education (CBSE) and seeking quashing thereof. It is the plea of the petitioner, that the said Circulars introducing Grading System for classes IXth and Xth and abolishing the examination in class 10th, though claiming to be "examination reforms", are not reformative as intended in the National Curriculum Framework 2005; place multifold burden on the students, increase the workload of the teachers; have been issued in haste; will produce a domineering attitude amongst teachers and which would be detrimental to the interest of the students; are at mismatch with the other examination...
Rajinder Nagar Welfare Association, and anr. Vs. Mcd and ors.
Court: Delhi
Decided on: Apr-26-2011
1. The Residents Association of the neighbouring colonies of Rajinder Nagar and Northern Extension Area have filed this writ petition aggrieved from the action of the respondents no. 1 and 2 MCD/DDA of commencing the work of fencing around a section of Vivekanand Park (Sindhi Park) in the locality, "so as to convert the said section of the park into a playground / stadium". It is the contention of the petitioners that the said park is a neighborhood park but the Director of Horticulture of the MCD inspite of protests of the petitioners had permitted the aforesaid section of the park to be used for sport activities, namely, playing of Volleyball and which is impermissible in the said park. The cause of action for preferring the petition as aforesaid was the work commenced of installation of a fence around the said section of the park.2. The petitioners place strong reliance on the judgment dated 18th November, 2009 of the Division Bench of this Court in WP(C) 6950/2009 titled Paryavaran...
Girish Kumar Vs. Raj Vir and ors
Court: Delhi
Decided on: Apr-26-2011
1. By way of this appeal the appellant seeks to impugn the judgment and award dated 16.04.2010 passed in MACT No. 21/2009 titled 'Shri Girish Kumar versus Raj Vir and Ors.' 2. The claim petition was filed by Shri Girish Kumar, the appellant herein, who had suffered grievous injuries in a roadside accident, which occurred on 29.11.2008 at Yamuna Vihar, C-Block Bus Stand, Delhi, against the driver, the owner and the insurer of the offending bus bearing No. DL-1PB-1888, which culminated in the passing of the impugned award dated 16.4.2010 in the sum of ` 5,49,976/- with interest at the rate of 7.5% per annum in favour of the appellant and against the respondent No.3. 3. Although a number of grounds are urged in the appeal, the sole ground pressed by Mr. R.K.Bachchan, the learned counsel for the appellant at the time of the hearing of the present appeal is that the deduction of 1/3rd from the income towards the personal expenses and maintenance of the deceased could not have been made by t...
Nafis @ Babli Vs. State Nct of Delhi
Court: Delhi
Decided on: Apr-26-2011
1. This appeal is directed against a judgment and order of a Learned Additional Sessions Judge dated 28-01-1998 in FIR No. 490/1992, P. S. Seelampur, convicting the appellant for having committed the offence under Section 302 IPC. 2. The prosecution alleged that on 08.09.1992, at about 02:40 A.M. intimation was received from the police control room about a lady named Ruksana informing that someone had been shot dead in the Jhuggies near K- Block, PS Seelampur. The police who reached the spot were met by one Kalu (PW-3); a statement was recorded. It was alleged that Chotey Khan, a rickshaw puller was related to PW-3; he was the latter's mama. The night intervening 07/08.09.1992, Chotey Khan, Kalwa, Babli Panwala and one Yunus were playing cards. PW-3 was sitting there and witnessing the game. At about 02:30 AM in the morning, when the game of cards stopped and they were leaving for their houses, Babli Panwala @ Nafees (the Appellant, referred to as such hereafter) stated that Chotey Kha...
Sunder. Vs. Ramesh Dutta and ors.
Court: Delhi
Decided on: Apr-25-2011
1. The Petitioner was declared elected to Municipal Ward No. 153, Darya Ganj in the elections held on 5th April 2007. The said election was challenged by Respondent No. 1, Ramesh Dutta, on the ground that the Petitioner had suppressed material information regarding his holding of a licence for a kerosene oil depot (KOD) at the time of filing of his nomination papers. By the judgment dated 3 rd December 2008, the learned Additional District Judge (ADJ) while allowing Election Petition No. 49 of 2007 filed by Respondent No. 1, also declared him elected to Ward No. 153 on the basis of having secured the next highest number of votes. This petition has been filed challenging the said judgment. By an order dated 18th December 2008, this Court stayed the operation of the impugned judgment. Factual background2. It may be mentioned at the outset that the election to Ward No. 153, Darya Ganj was a multi-cornered one. Twelve candidates contested the elections. The Petitioner was the official cand...
Hariom Chauhan. Vs. Uoi and ors.
Court: Delhi
Decided on: Apr-25-2011
1. The petitioner applied for the post of TGT (Hindi) under the Directorate of Education in response to the advertisement No. 06/2006 by Delhi Subordinate Services Selection Board (for brevity the DSSSB). In the application for the said post, he claimed to be of reserved category being a Scheduled Caste candidate. The examination was held in the year 2007 but his name did not find place in the selection list that was published on 30.03.2008.2. The petitioner challenged his non-selection in two Original Applications before the Central Administrative Tribunal (for short the tribunal) being OA No. 2036/2009 and 2488/2009. The tribunal, considering its earlier decision in Anil Dahiya v. Union of India & Ors. (OA No. 1054/2008) decided on 15.9.2008, vide its orders dated 10.9.2009 and 24.9.2009 directed the respondents to offer the post to the petitioner on deemed eligibility to the post of TGT (Hindi). The tribunal had further directed that the other eligibility criteria were also to be co...
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