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Delhi Court June 2011 Judgments

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Jun 02 2011

V.B. Soni Vs. Citi Bank Nv and ors.

Court: Delhi

Decided on: Jun-02-2011

1. The petitioner claims that one M/s. Combit Advertising Network Ltd. (not party in this writ petition) was the owner of Flat No.M-73, Top Floor, Greater Kailash, Part-II, New Delhi; that the said flat was mortgaged with the respondent no.1 Citi Bank; that upon default by the said M/s Combit Advertising Network Ltd in re-payment of its dues, the respondent no.1 Bank obtained permission from the Court for auction of the said flat; that the respondents no.3 & 4 property brokers offered the said flat as for sale to the petitioner; that the petitioner paid the entire sale price of Rs.21,50,000/- to the respondent no.1 Bank which issued a Sale Certificate to the petitioner and also handed over possession of the flat to the petitioner; however the receipts of payment of sale consideration handed over to the petitioner showed the money to have been received from the respondents no.3 also; that the respondent no.3 inspite of assurance did not get the receipt rectified; that the petitioner...


Jun 01 2011

Munesh Kumar and Another Vs. State

Court: Delhi

Decided on: Jun-01-2011

1. Above three appeals are preferred against the impugned judgment dated 15th November, 2003 in Sessions Case No. 35/01, FIR No. 16/98, P.S. Narela, whereby appellant Vijay Kumar has been convicted for the offences punishable under Sections 399/402/411 IPC & Section 25 of the Arms Act, appellant Munesh @ Munna has been convicted for the offences punishable under Sections 399/402 IPC & Section 25 of the Arms Act and appellants Sumer @ Malhotra and Naresh Kumar have been convicted for the offences punishable under Sections 399/402 IPC as also the consequent order on sentence dated 21st November, 2003. 2. Briefly stated, case of the prosecution is that on 13 th January, 1998 at around 6.30 p.m., SI Munshi Ram (PW9) received a secret information in the police station that some boys are gathering in the Cremation Ground, Saboli Narela Road to plan a dacoity. Those boys, as per the informer, were having unlicensed arms as well as a stolen Maruti Car. SI Munshi Ram organized a raiding...


Jun 01 2011

M/S. Roshni Enterprises Vs. Union of India and ors

Court: Delhi

Decided on: Jun-01-2011

1. This is the third round of litigation concerning the Petitioners application dated 13th December 2006 for re-verification of its status as an Army Sustainment Command (ASC) contractor by the Headquarters Western Command of the Army, Respondent No. 3 herein. The challenge in this petition is to the order dated 26th October 2009 as further amended by an order dated 31st October 2009 by Respondent No. 3 declining the Petitioners request for re-verification as an approved ASC contractor. 2. The Petitioner M/s. Roshni Enterprises, is a proprietary concern of which Mrs. Roshni Devi wife of Shri D.P.S. Sangwan is the proprietor. The Petitioner made an application dated 28th November 1995 for registration as an approved ASC contractor. The Petitioner was granted registration on 19th December 1996. After re-verification the Petitioner was again registered as an approved ASC contractor on 7th January 2002 and this was valid up to 6th January 2007. 3. On 14th August 2006 Respondent No. 1 wrote...


Jun 01 2011

Dharam Pal Vs. Union of India and ors.

Court: Delhi

Decided on: Jun-01-2011

1. On 28th April, 2011, we had required the record of the enquiry conducted against the petitioner to be produced in response to the writ petition, in which the petitioner prays that the order dated 07.04.2010 passed by the Inspector General CRPF be quashed. 2. We note that the order impugned bears the date of dispatch: '08.04.2010' but has been signed by the Inspector General on 07.04.2010. The order rejects the revision petition filed by the petitioner and confirms the penalty awarded by the disciplinary authority as upheld by the Appellate authority. 3. The order levying the penalty of dismissal from service is dated 27.05.2009 and the order rejecting the appeal is dated 30.09.2009. 4. The petitioner joined CRPF in the year 1994 and we note that in the past, two penalties, one of stoppage of one increment and the other of censure were imposed upon the petitioner. The first penalty was for quarrelling with fellow jawans under the influence of liquor and the second was for simply quar...


Jun 01 2011

Sarvajan Unnati Bodhini Vs. Secretary to the Government of India and a ...

Court: Delhi

Decided on: Jun-01-2011

1. This petition involves the interpretation of Section 11 (2) of the Foreign Contribution (Regulation) Act, 1976 (FCRA 1976) read with Section 6 (1A) thereof and the effect of the repeal of the FCRA 1976 by the Foreign Contribution (Regulation) Act, 2010 (FCRA 2010). Factual background 2. The Petitioner, Sarvajan Unnati Bodhini, is a trust registered under the Indian Trusts Act, 1882 and was created by a Trust Deed dated 4th May 2007. The Petitioner states that its objects include the provision of education and medical care to the under privileged. It also collaborates with non-governmental organizations (NGOs) functioning in remote and backward areas for imparting education about the benefits of health care, health insurance and risk sharing coverage at the grassroots level. The Petitioner is dependent on funding from philanthropic organizations. It is stated that the Petitioner has, since its inception and until the recent past, received foreign contributions/donations after obtaini...


Jun 01 2011

M/S Rakesh Kumar Sharma and Sons Vs. Bses Rajdhani Power Ltd and anr.

Court: Delhi

Decided on: Jun-01-2011

1. The present writ petition is a sequel to the Full Bench judgment of this Court in BSES Rajdhani Power Ltd. v. Saurashtra Color Tones Pvt. Ltd. AIR 2010 Delhi 14 and as per which, if a tenant leaves arrears of electricity charges, the landlord can be denied electricity in the premises if does not clear the said arrears. 2. The petitioner is the owner of the first floor of property bearing No.E-5, South Extension Part-II (Market), New Delhi. The said property has been let out to the respondent no.2 M/s Saraf Projects Pvt. Ltd. The respondent no.2 tenant has obtained an electricity connection in the said tenanted premises in its own name from the respondent no.1. Disputes and differences arose between the petitioner and the respondent no.2 resulting in the filing of CS(OS) No.842/2009 by the petitioner in this Court for eviction of the respondent no.2. In the said suit, a settlement was arrived at between the petitioner and the respondent no.2 and under which settlement, the respondent...


Jun 01 2011

Shiv Kumar and ors. Vs. State

Court: Delhi

Decided on: Jun-01-2011

1. Appellants Parkash, Mahinder Singh, Bijender Singh, Surender Singh, Shiv Kumar and co-accused Pooran faced trial for the charges of having committed dacoity in the house bearing Municipal No.257, Gali No.1, Shalimar Bagh village, Delhi in the intervening night of 25th and 26th April 1992 and having murdered Jasbir Singh while committing dacoity. We would be referring to Jasbir Singh as the deceased hereinafter. 2. Vide impugned judgment and order dated 11.09.1998 appellants Parkash, Mahinder Singh, Bijender Singh, Surender Singh and Shiv Kumar have been held guilty of committing offences punishable under Sections 394, 396 and 398 IPC read with Section 34 IPC whereas co-accused Pooran has been acquitted of all the charges leveled against him. Vide order dated 14.09.1998 appellants Parkash, Mahinder Singh, Bijender Singh, Surender Singh and Shiv Kumar have been sentenced to undergo imprisonment for life for the offences punishable under Section 396 IPC and RI for five and seven years ...


Jun 01 2011

Surender Kumar Mudgal Vs. Uoi

Court: Delhi

Decided on: Jun-01-2011

1. The petitioner questions the order dated 7.9.1992 dismissing him from service as also the order dated 10.2.1993 rejecting the departmental appeal filed against the order dated 7.9.1992 and also the order dated 13.12.1993 rejecting the Revision Petition filed by the petitioner. 2. Facts pleaded by the petitioner are that he joined CRPF as a Constable on 16.6.1983 and was deputed, after initial training, to join the 73rd Battalion, CRPF and that in the year 1988, for a period of 3 years, he was sent on deputation to the Delhi Armed Police and that on 13.5.1991, a date by which he completed 3 years' service on deputation under the Delhi Armed Police, he was attached with the 3rd Battalion, DAP, and on 13.5.1991 he was repatriated to CRPF but before he could obtain the necessary 'No Dues Certificate' and obtain a formal order relieving him from DAP, to enable him to join CRPF, he became sick and was detected as suffering from viral Hepatitis on 31.5.1991 which lasted till February 1992....


Jun 01 2011

Shri Raj Kumar Vs. Ndpl and anr.

Court: Delhi

Decided on: Jun-01-2011

1. The petitioner, an employee of Delhi Government and posted as a Beldar in the Office of the Executive Engineer, PWD, was on 28th March, 2005 allotted and put into possession of government accommodation at 183, Type-I, Lancers Road near Jawahar Market, Timarpur, Delhi. According to the petitioner, the said house was without any electricity connection. The petitioner on 11th April, 2005 applied for electricity connection in the said house. The respondent NDPL however vide its letter dated 11th April, 2005 intimated the petitioner that there were dues of `33,113.35p against the electricity connection at the said address in the name of one Mr. Madan. The petitioner protested but without any avail. The petitioner thereafter approached the Estate Officer who also recommended grant of an electricity connection by the respondent NDPL to the petitioner at the aforesaid address. It is the case of the petitioner that he was ultimately in or about February, 2006 directed by the respondent NDPL ...


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