Delhi Court July 2011 Judgments
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Jagmohan Arora Vs. Saroj Arora
Court: Delhi
Decided on: Jul-08-2011
1. The issue that arises for consideration in the present petition is whether the learned Metropolitan Magistrate has the jurisdiction to recall/review its order of dismissal of the complaint under Section 125 Cr.P.C. in default of appearance and non-prosecution. 2. The facts in a nutshell are that a complaint under Section 125 Cr.P.C. seeking maintenance was filed by the Respondent who is the wife of the Petitioner. The learned Metropolitan Magistrate vide its order dated 5 th February, 2008 directed the Petitioner to pay a monthly maintenance of Rs. 1000/- to the Respondent which the Petitioner duly paid till 30th March, 2009 when the complaint case No.218/2007 was dismissed for non-prosecution as the Complainant/Respondent failed to appear. The Respondent thereafter filed an application for restoration of the petition accompanied by the affidavit of the learned counsel. On the said application, the learned Metropolitan Magistrate recalled its order. Vide the impugned order dated 17t...
Brig.V.S.Sukhdial Vs. Uoi and ors.
Court: Delhi
Decided on: Jul-08-2011
1. Before the Armed Forces Tribunal, the petitioner had prayed that his CR for the period June 1992 till July 1993 be expunged and similarly the confidential record for the period July 2000 to July 2002 should also be expunged. He alleged bias and inconsistency in the confidential record prepared for the said periods. He prayed that directions be issued to consider afresh his promotion to the rank of Major General, after expunging as aforesaid. 2. After noting the fact the Tribunal has dismissed the claim before it. The reasons of the Tribunal, are as under: "We have heard learned counsel for the parties. Original record was also placed before us and we perused the record. We find that adverse entry of 1992-93 was expunged in the year 1994 and ACR for the year 2000-01 was expunged on 16.06.2004. After expunging all the remarks his case was again considered by the Selection Board and the Selection Board did not find him suitable to be promoted to the post of Major General. After going t...
Shri Ved Prakash Gulati Vs. Smt.Kusum
Court: Delhi
Decided on: Jul-08-2011
1. By this appeal filed under Section 28 of the Hindu Marriage Act 1955, the appellant-husband seeks to set aside the judgment and decree dated 07.03.2003 passed by the learned trial court whereby the divorce petition filed by the appellant husband under Section 13 (1) (ia) of the Hindu Marriage Act was dismissed. 2. Broad facts of the case as per the appellant are that the appellant-husband got married to the respondent- wife according to Hindu rites and ceremonies on 15.02.1997 and out of the said wedlock one son was born on 17.10.1997. After the marriage, both of them started living in the matrimonial home at Keshav Kunj, Vikaspuri. The appellant husband has filed the petition for divorce on the ground of cruelty and so far the allegations are concerned, it is alleged by the appellant that in the month of June, 1997 the respondent started pressurizing the appellant to live separately from his parents and when the appellant expressed his inability to do so the respondent picked up qu...
Hemwanti Tripathi Vs. Harish NaraIn Tripathi
Court: Delhi
Decided on: Jul-08-2011
1. By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the appellant wife seeks to challenge the impugned judgment and decree dated 13.7.1998 passed by the learned ADJ whereby the divorce petition filed by the appellant under Section 13(1)(ia) of the Hindu Marriage Act was dismissed. 2. Broad facts based on which the appellant herein invoked the ground of cruelty and filed the petition for divorce are that the marriage between the parties was solemnized according to Hindu rites and ceremonies on 25.6.1980 at village Chamaria, P.O. Kali Jagdishpur, Distt. Basti, U.P. and a daughter „Anupam was born out of the wedlock on 18.7.1982. The case of the appellant is that the parties started living together in Delhi in September, 1981 after "Gauna" ceremony was performed and the marriage was consummated; the respondent changed his behaviour shortly after the birth of the female child as he wanted a son and started blaming the appellant for having given birth to a female ...
Santosh Kumar Vs. Uoi and ors.
Court: Delhi
Decided on: Jul-08-2011
1. Once again, the perennial problem of the height of a prospective candidate has re-surfaced. 2. Aspiring to join a Central Para Military Force, the petitioner took the competitive examination for employment as a Sub Inspector under a Central Para Military Force in the year 2009 and having qualified at the examination, was denied the benefit of his success inasmuch as the applicable Rules require that the candidate concerned should have a minimum height of 170 cm. Examined by the Doctors of CISF, the petitioner was detected to be 160 cm tall. 3. Petitioner questions the same by urging that his height is 170 cm. 4. Such matters filed before us were decided by directing the height of the candidate concerned to be measured at the Army (R&R) Hospital, Delhi Cantonment, Delhi. Parties were bound by the opinion of the doctor concerned who measured the height of the candidate. 5. With consent of parties, we disposed of the writ petition directing that the height of the petitioner would b...
Ram Nath Jha Vs. Dgp, Cisf and ors.
Court: Delhi
Decided on: Jul-08-2011
1. This is a second round of litigation. The first was fought, when W.P.(C) No.4705/2010, filed by the Petitioner was disposed of vide judgment and order dated 26th November 2010. 2. The Petitioner is a ex-serviceman and applied for being employed, as an Assistant Sub Inspector, under CISF. Petitioner was successful at the process of selection completed by the Respondents. However, he was denied the fruits of his success inasmuch as at a medical examination, he was opined to be medically unfit. The reason for the medically unfitness is that the Petitioner has lost all his teeth and uses dentures. 3. W.P.(C) No.4705/2010 filed by the Petitioner was disposed of with a direction that the Petitioner shall be examined by a Board of specialists at the Command Army Hospital (Research and Referral), Delhi and if the report is favourable to the Petitioner, the same shall be processed as per law by the Respondents. 4. While disposing of the Writ Petition, the Division Bench noted that the Petiti...
Pratap Singh Vs. Punjab and Sind Bank and ors.
Court: Delhi
Decided on: Jul-08-2011
1. The Petitioner filed this writ petition challenging an order dated 14th May 1997 passed by the Disciplinary Authority (`DA) of Respondent No. 1 Punjab & Sind Bank („Bank) dismissing the Petitioner from service. During the pendency of the writ petition the Appellate Authority (`AA) dismissed the Petitioners appeal against the dismissal order by an order dated 19th March 2001. The Petitioner was then permitted to amend the writ petition to challenge the said order as well. In addition the Petitioner had prayed for a mandamus to the Bank to release the gratuity rendered for the period between 1978 and 1995, leave encashment, interest on the provident fund amount and salary for 12 days between 1st and 12th August 1995. 2. The Petitioner joined the services of Bank on 10th May 1978. On 12th August 1995 while serving as a Manager at Sri Ganganagar he addressed a letter to the General Manager at New Delhi tendering his resignation from the Bank with effect from that date. He furt...
Shri Naveen Kumar Vs. Faculty of Medical Science and ors.
Court: Delhi
Decided on: Jul-08-2011
1. By this petition filed under Article 226 of the Constitution of India , the petitioner seeks directions to direct the respondent no.1 to consider the case of the petitioner in OBC category and then to grant him admission in the MBBS Course. 2. The background of facts that has led to the filing of the present petition is that the petitioner had applied for admission in the Delhi University Medical Dental Entrance Test(DUMET) 2011 and in the application form he filled his category as general category and that before the result of the examination, on 30.5.2011 he made a representation to the respondent university to change his category from general to OBC . The grievance raised by the petitioner is that his request to change the general category to OBC category has been disallowed by the respondent no.1. 3. Learned counsel for the petitioner submits that the petitioner had sought to change his category from general to OBC well before the declaration of his result in the entrance examin...
Kush Malhotra Vs. Prakash Malhotra and ors.
Court: Delhi
Decided on: Jul-08-2011
1. By this appeal filed under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908 the appellant seeks to challenge the judgment and decree dated 19.05.2004 passed by the learned trial court whereby the suit filed by the appellant for declaration, cancellation of sale deed, recovery of possession and perpetual injunction was dismissed. 2. Brief facts of the case relevant for deciding the present appeal are that the appellant is the son of respondent no.1 (deceased) and brother of respondent no. 2 and 3 and had filed a suit for declaration, cancellation of sale deed, recovery of possession and perpetual injunction with respect to the property bearing No.373, Block B in Janta Cooperative House Building Society Ltd., Meera Bagh, Outer Ring Road, New Delhi. The appellant had sought cancellation of the sale deed dated 24.10.2001 registered on 8.11.2001 executed by respondent no.1 namely Smt. Parkash Malhotra (deceased) in favour of respondent no. 4 and also the cancella...
Kali Charan and ors Vs. State
Court: Delhi
Decided on: Jul-07-2011
1. Present appeal is directed against the judgment dated 9th April, 1997 passed by the learned Additional Sessions Judge, Shahdara, Delhi, arising out of FIR No.95/89 registered at P.S Nand Nagri u/s 302/34 IPC and u/s 27 of the Arms Act, 1959 wherein appellants, i.e., accused Kali Charan, Om Parkash and Yashpal have been convicted u/s 302/34 IPC. Appellant Yashpal has also been held guilty for an offence punishable u/s 27 of the Arms Act, 1959. The appeal is also directed against the order of sentence dated 15th April, 1997 whereby the appellants have been sentenced to undergo life imprisonment and to pay a fine of Rs.5000/- each for the offence u/s 302/34 IPC and in default of payment of fine, each would undergo further RI for a period of three months. Appellant Yashpal is further sentenced to undergo RI for one year and to pay a fine of Rs.1000/- for the offence u/s 27 of the Arms Act, 1959 and in default of payment of fine to further undergo RI for one month. The learned Addl. Sess...
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