Delhi Court July 2011 Judgments
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State Vs. Dharamvir @ Dhiraj and ors.
Court: Delhi
Decided on: Jul-28-2011
1. The state seeks leave to appeal against a judgment and order of the learned Additional Sessions Judge, dated 27.03.2010 in SC No. 354/2007 acquitting the accused respondents of the charge of having committed offences punishable under Sections 302/34 IPC. 2. The prosecution case was that on 22.02.2007 the dead body of an unknown male was found lying at the DTC bus stop opposite B.D.O Office at PS Alipur. It was sent to BJRM hospital and was preserved for 72 hours for its identification. Thereafter on 25.02.2007, the body was identified by Birbal, elder brother of Dinesh Singh s/o Sh. Satya Narain Singh (hereafter "the deceased") who worked as a driver of the Tempo bearing no. DL 1 LE 2938, engaged by Sony India Ltd's warehouse at Badarpur. On interrogation by the IO the helper of the canter Ujjar Rai allegedly disclosed that on 21.02.2007 the aforesaid canter was parked in the parking of B.K Dutt market by the deceased; he also pointed out the place where one Dwarika Prasad, security...
Anish Ahmed Vs. the State (N.C.T.) of Delhi
Court: Delhi
Decided on: Jul-28-2011
1. It was around mid-night of the intervening 5th and 6th September, 1995 when Anisha Begum, wife of the appellant suffered burn injuries in her matrimonial house. She died at 9 A.M. on 6th September, 1995. 2. It is the case of the prosecution that the appellant set his wife on fire. 3. To prove the indictment against the appellant, the prosecution relied upon the eye witness account of the daughter of the appellant and the deceased i.e. Baby Tabassoom PW-4, aged about 10 years when the unfortunate incident took place as also the stated eye witness account of Jahid Ali PW-2 and Mohd. Salim PW-3; persons living in the neighbourhood. The prosecution also relied upon the suspicious conduct of the appellant who was seen ostensibly slipping away from his house when his wife was burning and in respect whereof Mehboob Hassan PW-8 had informed the Investigating Officer. The dying declaration recorded in the MLC EX.PW5/A authored by Dr.Alka Sethi PW-5, when the victim was hospitalized at Guru T...
Hi Point Services Pvt.Ltd. Vs. Chloro Controls (India) Pvt.Ltd. and or ...
Court: Delhi
Decided on: Jul-28-2011
1. Both these appeals are instituted against the common judgment and order dated 23.12.2004 passed by the learned Single Judge in the Notice of Motion No.553 of 2004 and the Notice of Motion No.2382 of 2004 in Suit No.233 of 2004. By the impugned order, the learned Single Judge made the Notice of Motion No.553 of 2004 absolute in terms of prayer clauses (a) to (c)(i), (ii) & (iii) with clarification that the order will not affect the Defendant No. 3's rights vis-a-vis Seaclor Mac regarding the manufacturing and distributing. In view of granting of prayer clauses (c)(i), (ii) & (iii) of the Notice of Motion No.553 of 2004, the learned Single Judge disposed of the Notice of Motion No.2382 of 2004 as not surviving. 2. The facts giving rise to the present appeals, briefly stated are as under:- Appeal No.24 of 2005 is preferred by Severn Trent Water Purification Inc, Defendant No.1. Respondent No.1 is the plaintiff and Respondent Nos.2 to 11 are the Defendant Nos.2 to 11. Appeal No....
Khan Market Traders Association and anr. Vs. Uoi and ors.
Court: Delhi
Decided on: Jul-28-2011
Admit. Learned counsel for Respondent Nos. 2 and 3 accepts notice. Respondent Nos. 1 and 4 are proforma parties and remain unrepresented before us. The dispute in the present case pertains to the issue of parking of vehicles in and around Khan Market area. The petitioner association is desirous of maintaining status quo in areas where the association manages parking at no cost to customers who visit the market. On the other hand, NDMC is interested in earning revenue from parking of cars in the area in and around Khan Market (which includes the area managed by the petitioner association) by tendering it to a contractor. In terms of the impugned order of the learned Single Judge dated 3rd June, 2011, the petitioner association obtained partial relief inasmuch as the petitioner association was given an opportunity to compensate NDMC for possible revenue loss on account of non-introduction of paid parking. The learned Single Judge for this purpose gave time to the petitioner association t...
M/S Indian Sulphacid Industries Ltd. Vs. M/S Emmsons International Ltd ...
Court: Delhi
Decided on: Jul-28-2011
1. This is a petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) seeking quashing of complaint No.4043/01 filed under Section 138 of the Negotiable Instruments Act 1881 (for short `N.I. Act') titled `M/s Emmsons International Limited v. M/s Indian Sulphacid Industries Ltd. and others' . 2. Briefly stated, the facts relevant for the disposal of this petition are that M/s Emmsons International Limited filed a complaint under Section 138 read with Section 142 N.I. Act against the petitioner company and others claiming that petitioner company purchased sulphur from the respondent company on regular basis. During the period with effect from 20th June, 1998 to 30th November, 1998, sulphur worth `42,86,250/- was supplied by the complainant to the respondent company. Respondent company was having a running account against those supplies and in discharge of their liability against those supplies, respondent company had made part payment of `32,44,750/- as against the liabilit...
Air India Ltd. Vs. Presiding Officer, Cgit and anr.
Court: Delhi
Decided on: Jul-28-2011
1. Air India Limited („AIL) challenges an Award dated 4th March 1991 passed by the Central Government Industrial Tribunal („CGIT) holding that the workmen represented by the Air India Workers Union („AIWU), Respondent No. 2, appointed on casual basis were entitled to the same wages as payable to their regularly appointed counterparts from the date of their initial appointment on the principle of „equal pay for equal work. 2. Notice in the present writ petition was issued on 19th June 1991. By an order dated 21st April 1992 while directing rule to issue, this Court stayed para 20 of the impugned Award insofar as it granted relief to the workmen retrospectively subject further to the condition that in case the writ petition was dismissed, the Petitioner would pay the workmen such interest on the delayed amount as maybe ordered by the court. At one stage the writ petition was dismissed for non-prosecution on 22nd February 2001. Thereafter the Petitioner filed CM No...
Ss Nirmal Vs. Uoi and ors.
Court: Delhi
Decided on: Jul-28-2011
1. Two errors or mistakes pointed out in paragraphs 1, 2 and 5 of the review application filed by the applicant-petitioner are required to be corrected. Writ Petition (Civil) No. 6708/2007 was field by the respondent and not by the petitioner and that the date of retirement of the petitioner is 31st January, 2003 and not 31st March, 2003. Accordingly paragraphs 2, 4 and 5 in the order dated 2nd June, 2011 will be substituted as under: "2. The tribunal on 29th March, 2006 had dismissed the original application in limine and thereafter the review application filed by the petitioner was allowed. Being dissatisfied, the respondent approached this Court in W.P. (C) No. 6708/2007. 3. XXXXX 4. It is noticeable from the factual narration that the petitioner had retired on 31st January, 2003. On a perusal of the order passed by the tribunal, it is perceivable that the petitioner was promoted to the grade of EE (Civil) on regular basis vide office order dated 3rd November, 1999 based on his empa...
Dharampal and anr. Vs. State
Court: Delhi
Decided on: Jul-28-2011
1. As per the prosecution 5 persons; Roshan Lal, his 3 sons Dharam Pal, Banwari Lal @ Vinod and Shashi Kant and his friend/neighbour Tilak Raj had acted pursuant to a conspiracy to cause the death of Ashok Kumar and gave effect to their evil desire on 11.11.1995. It is the case of the prosecution that all 5 gave effect to the conspiracy at 8:30/9:00 PM on 11.11.1995 and inflicted injuries with a sharp edged weapon and a blunt weapon opposite House No.A-33, Shivpuri Extension and as a result of the injuries Ashok Kumar died. 2. Vide impugned judgment and order dated 24.02.1999, the learned Trial Judge has acquitted accused Roshan Lal, Banwari Lal and Tilak Raj on the ground of lack of evidence and has convicted his sons Dharam Pal and Shashi Kant for the offence punishable under Section 302/34 IPC. Vide order on sentence dated 3.03.1999 Dharam Pal and Shashi Kant have been sentenced to undergo rigorous imprisonment for life and pay fine in sum of `5000/- each. 3. The process of law comm...
indra Kumar Mehta Vs. Union of India and ors.
Court: Delhi
Decided on: Jul-28-2011
1. The factual backdrop resulting in the above captioned writ petition being filed is that the respondents issued a circular dated 27.12.1995 notifying to the members of the Central Para-Military Forces that those who had rendered 10 years' service would be entitled to pension if they either resign or sought voluntary retirement. Large number of BSF jawans, who had rendered 10 years' service sought voluntary retirement or offered to resign, which was accepted. 2. As regards the petitioner, he joined service as an Assistant Commandant on 17.9.1984 and earned a promotion as a Deputy Commandant on 21.7.1989. By 17.9.1994 he had completed 10 years' service and thus when the circular dated 27.12.1995 was issued, having rendered service in excess of 11 years, he sought retirement which was accepted. 3. Pension was disbursed to the petitioner and others when a circular dated 15.1.1998 was issued informing that as per CCS (Pension) Rules 1972 minimum qualifying service to earn pension was 20 y...
Prafulla Samantra Vs. Ministry of Environment Forests and Others
Court: National Green Tribunal Principal Bench New Delhi
Decided on: Jul-28-2011
A. S. Naidu, J. The Environment Clearance accorded by Ministry of Environment and Forests vide its letter dated 28th April, 2009, to the Lanjigarh Bauxite mining project of M/S The Orissa Mining Corporation was assailed by Shri Prafulla Samantra and others in four separate appeals. The said Appeals were registered as Appeal Nos. 18, 19, 20 and 21 of 2009 before the erstwhile National Environment Appellate Authority (herein after referred as The Authority for the sake of brevity).After prolonged hearing, by a reasoned order dated 15th September, 2010, the Authority remitted the matter to the Ministry with a direction to revisit the Environment Clearance granted to the said Project. The Authority further directed that till the process is completed, the Environment Clearance granted by the Ministry shall remain suspended.Being aggrieved by the order dated 15th September, 2010, passed by the Authority the present Review Application was filed. The order of remand is challenged on several gr...
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