Delhi Court July 2011 Judgments
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Ajit Singh Gill and ors. Vs. Arvind Khosla and ors.
Court: Delhi
Decided on: Jul-25-2011
1. Initially, Suit No. 234/1997 was filed by Shri Ajit Singh Gill, his wife and two sons on 3.2.1997 seeking permanent injunction restraining defendants No. 1, 3 & 4 from interfering with their possession of property No. 324, Sant Nagar, East of Kailash, New Delhi and taking its illegal possession from them. The plaint was thereafter amended so as to seek possession of the first, second and third floors of the aforesaid property from defendants No. 1, 3 and 4. They have also sought injunction, restraining defendants No. 1, 3 & 4 from interfering with their possession of the aforesaid property and taking its illegal possession from them. Suit No. 2226/2001 has been filed by them seeking an amount of Rs 32 lac as damages.2. The case of the plaintiffs is that plaintiff No. 1, who is carrying the business under the name and style of "Simran Creations" took on rent the whole of property bearing No. 324, Sant Nagar, East of Kailash, comprising basement, ground floor, first floor, sec...
Municipal Corporation of Delhi Vs. Mohd Ismail
Court: Delhi
Decided on: Jul-25-2011
1. In the present intra-Court appeal filed by the Slum and JJ Department of the Delhi Municipal Corporation now known as Delhi Urban Shelter Improvement Board, the challenge is to the decision dated 23rd December, 2009 passed in W.P.(C) No. 819/2009, Mohd. Ismail v. Slum & JJ Department (MCD). By the impugned judgment, the writ petition filed by Mohd. Ismail, the respondent herein, has been allowed and the following directions have been issued:-"46. In view of the above, it is directed as follow:-(i) the petitioner or his authorised representative shall file duly attested copies of the photocopies whereof stand filed by him before the Director (Allotment) of Slum & JJ Wing of the MCD on 29th December, 2009 at 11.00 a.m.(ii) the petitioner's case shall be considered and he shall be allotted a plot of 40 sq. meters for commercial user in terms of his entitlement."2. The main contention and issue raised by the appellant before this Court as was before the learned Single Judge is d...
Hanuman SarIn Vs. Uoi and ors.
Court: Delhi
Decided on: Jul-25-2011
1. Born in village Beur, District Banda, Uttar Pradesh, petitioner claims to have migrated to Delhi in search of a job and having got his name registered with the employment exchange on 9.9.1987 so that his name could be sponsored by the exchange as and when a Government job was notified for appointment.2. Petitioner claims that initially he resided with his maternal uncle Sh.Dilip Kumar at premises No.I-27, Vijay Vihar, Rithala, Delhi and later on shifted to H-188, Vijay Vihar, Rithala, Delhi-34.3. Obtaining employment as a Constable with CRPF, petitioner claims to have filled up the verification rolls and as per which he furnished his address at Delhi where he was residing with his uncle as also his permanent address in village Beur, PO Bhaurri, District Banda. Joining as a Constable with CRPF on 21.3.1988 petitioner claims that his battalion was in Kashmir, when he received the order dated 2.2.1991 terminating his services, without assigning any cause.4. The order in question reads ...
Ct. Avimanyu Mohanty Vs. Union of India and ors.
Court: Delhi
Decided on: Jul-25-2011
1. A limited departmental examination commenced on 15.6.2006. The purpose was to fill up the posts of Sub- Inspectors through the limited departmental competitive examination in which the force personnel of CRPF, in junior ranks, could compete.2. The procedure was prescribed by a standing Order dated 6.12.2000 as per which 17% posts of Sub-Inspectors were to be filled up by means of a limited departmental competitive examination. Preliminary screening required to only shortlist such persons who had the requisite educational qualifications, had a clean service record and were in medical category Shape-I. Those who were so shortlisted were then to be subjected to a physical efficiency test and only those who cleared Stage-I and Stage-II were to compete.3. Since the selection was through a competitive examination, the office order prescribes that the shortlisted candidates would take a written test and those who qualify at the written test would be subjected to a personality test followed...
Gurmesh Singh Vs. Lata Gupta and ors.
Court: Delhi
Decided on: Jul-25-2011
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the ex parte award dated 06.02.2008 passed by the Motor Accidents Claims Tribunal, Rohini Courts, Delhi, whereby compensation in the sum of ` 15,36,754/- was awarded to the respondents No.1 to 4 along with interest thereon and the order dated 02.07.2009 passed by the said Tribunal whereby the application filed by the appellant under Order IX Rule 13 of the Code of Civil Procedure for setting aside the said ex parte award was dismissed. 2. The facts in a nutshell are that on 01.01.2006, one Jitender Gupta met with a road accident sustaining grievous injuries, to which he succumbed on 05.01.2006. The respondents No.1 to 4, being his legal heirs, filed a Claim Petition under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 for grant of compensation. Pursuant to the filing of the said Claim Petition, notices were directed to be issued to the driver, the owner and the Insurance Company of t...
Shanti Yadav and ors Vs. Union of India and ors
Court: Delhi
Decided on: Jul-22-2011
1. The twenty six Petitioners who are part of the teaching and non-teaching staff of Asha AWWA School for Handicapped Children (hereinafter „the School”), Respondent No. 5, have filed this writ petition seeking directions to the Union of India through the Ministry of Defence („MoD”), Army Headquarters (Respondent No. 1); the Ministry of Social Justice and Empowerment („MSJE”), Government of India („GOI”) (Respondent No. 2); Adjutant General („AG”), Adjutant General”s Branch, Army Welfare Society (Respondent No. 3); Army Wives Welfare Association („AWWA”) (Respondent No. 4) and the School to extend to the Petitioners and other employees of the School, the benefits in the matter of pay and allowances in accordance with the recommendations of the Fifth Pay Commission („FPC”) as extended to the employees of the GOI and employees of the other educational institutes in the National Capital Territory of ...
Phool Singh and anr. Vs. State (Gnct of Delhi)
Court: Delhi
Decided on: Jul-22-2011
1. The appellants in this case are aggrieved by a judgment and order of the learned Additional Sessions Judge dated 16-8-2010 and 31-8-2010 in SC No.786/2007 by which they were convicted for the offences punishable under Sections 362/302/34/377 read with Section 511, IPC, and sentenced to undergo life imprisonment, and also undergo rigorous imprisonment for 5 years. The appellants were in addition, directed to pay fine.2. The prosecution alleged that on 03-01-2007, the dead body of a 5-6 year old boy was found in a naked condition hanging from a window grill near the boundary wall on the rear side of the Pump House of the BJRM Hospital Mortuary Complex, Jahangir Puri. Blood was found on the mouth of the child and on the penis along with a swelling of the testicles; the tongue was hanging outside the mouth. A cloth was found around the neck with two knots on it and blood was found on the ground under the penis. The boy's clothes were also found nearby. No eye witnesses were however, fou...
Jagannath and ors Vs. Laxmi Auto Agency
Court: Delhi
Decided on: Jul-22-2011
1. The five petitioners workmen by this petition impugn the award dated 5th April, 2008 of the Industrial Adjudicator on the following reference:"Whether the services of workmen whose names appear in Annexure „A have been terminated illegally and/or unjustifiably by the management, and if so to what sum of money as monetary relief alongwith consequential benefits in terms of existing laws/Govt. Notifications and to what other relief are they entitled and what directions are necessary in this respect?"against the petitioners workmen and holding that there was no relationship of employer-employee between the petitioners workmen and the respondent.2. At the outset, it may be stated that the petitioners workmen have filed CM No.5467/2011 under Order 1 Rule 10 of the CPC for impleadment of one Shri Moti Lal Jain as the respondent no.2 to the said petition. The writ petition as already filed impleads the respondent M/s Laxmi Auto Agency through both Shri Moti Lal Jain and Shri Chhaggan...
Chinta Devi Vs. Rajesh Arora Air Custom Officer
Court: Delhi
Decided on: Jul-22-2011
1. The petitioner was allegedly intercepted on 26.09.2001, at the IGI Airport, New Delhi, when she was coming from Hongkong and as a result of the search of her baggage, 5.808KG of white medicinal powder, which on chemical analysis was found to be Desxamethasone, was allegedly recovered from the shampoo and talcum powder bottles. It is further alleged that CIF value of that white powder was ì 4,96,54/- and the market value was ì 8,71,200/-.2. Ms. Sangeeta Bhayana, ld. counsel for the petitioner submits that the petitioner has been falsely implicated in the above mentioned case, as even in her statement recorded under Section 108 of the Customs Act, 1962 (hereinafter referred to as "the said Act"), she has clearly stated that she had no knowledge regarding the concealment of the white powder in the shampoo and talcum powder bottles.3. The petitioner has further stated that she did not know Mohan Chopra, Masterji and Peter who had allegedly given the plastic bottles in ques...
Mir Singh Deceased Thru Lrs and ors. Vs. Uoi Thru Lac
Court: Delhi
Decided on: Jul-22-2011
1. Concerned with a notification dated 13.10.1980 issued under Section 4 of the Land Acquisition Act which resulted in an award No.12/82-83, learned Land Acquisition Collector determined market value of agricultural lands in village Neelwal @ `2,500/- per bigha.2. A perusal of the award would reveal that the learned Land Acquisition Collector had no evidence of any sale transaction in the village as also the adjoining village Hiran Kudna. He had one sale deed pertaining to the next adjoining village i.e. Dichaun Kalan, and treating the same to be the evidence, the Land Acquisition Collector opined that value of agricultural land in village Dichaun Kalan would be `2,000/- per bigha, which was opined to be the fair market value of agricultural land in the adjoining village Hiran Kudna as well. But, keeping in view the situational and locational advantage of the revenue estate of village Neelwal, the learned Land Acquisition Collector determined `2,500/- per bigha as the fair market value...
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