Delhi Court July 2011 Judgments
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Mohd. Ramzan and ors Vs. Jamia Millia Islamia, Thr. Its Vice Chancello ...
Court: Delhi
Decided on: Jul-20-2011
1. The three Petitioners who were appointed as lecturers on ad hoc basis in the Department of Polytechnic of Respondent No. 1 Jamia Millia Islamia („JMI) seek a mandamus to be issued to the JMI to regularize their services from the date of their initial appointment. They further seek the quashing of the proceedings of the Selection Committee held in January-February 1995 and to restrain the JMI from appointing any other person to the posts against which the Petitioners had been working. 2. On 16th May 1995 it was directed by this Court that any appointment made will be subject to the result of the writ petition. Pursuant to an order dated 31st January 1996 an additional affidavit was filed by the Petitioners. The writ petition was thereafter permitted to be amended and rule was issued on 8th August 1997. 3. The case of the Petitioners is that although they were appointed on ad hoc basis, their appointments were extended from time to time and at the time of the filing of the writ ...
M/S Bharat Polychem Ltd. Vs. Regional Provident Fund Commissioner and ...
Court: Delhi
Decided on: Jul-20-2011
1. The petition impugns the order dated 16 th March, 2007 of the Assistant Provident Fund Commissioner (APFC), Delhi dismissing the application of the petitioner Company under Section 7B of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 (EPF Act) for review of the order dated 17th May, 2006 issued in exercise of powers under Section 7A of the Act. 2. Notice of the petition was issued and counter affidavit has been filed by the respondents. Though no interim order as sought was earlier granted but CM No.4966/2011 was filed again seeking stay of recovery in pursuance to the order dated 16th March, 2007 and vide order dated 6 th April, 2011 coercive steps against the petitioner Company were stayed. 3. The counsel for the petitioner company today, instead of arguing on the petition has only urged that provident fund dues against the petitioner Company cannot be recovered from Sh. Govind Gupta, Director of the petitioner Company, without first seeking to recover the...
Mohd. Farooq Vs. Aneesa Begum and anr.
Court: Delhi
Decided on: Jul-20-2011
1. The revision petition has been filed under Section 115 of the Code of Civil Procedure ('CPC' in short) against the order dated 15-12-2010 passed by the learned Senior Civil Judge whereby the application of the petitioner-defendant under Order VII Rule 11 CPC for rejecting the plaint in the suit for possession, injunction and damages filed by the respondent no.1-plaintiff herein in respect of a piece of land measuring 200 sq. yds. forming part of Khasra No. 378/172, Johri Farm, Noor Nagar Extn., Jamia Nagar, Okhla, New Delhi (hereinafter to be referred to as the 'suit land') was dismissed. 2. The relevant facts are that the respondent No.1 filed a suit for possession, permanent injunction and damages against the petitioner and respondent no.1 herein in respect of the suit land alleging that she was the owner thereof having purchased it from its erstwhile owner Rashiduddin who had executed in her favour an agreement to sell, general power of attorney etc. on 16.05.2009. It was further...
innovative B2b Logistics Solutions Ltd. Vs. Uoi and anr.
Court: Delhi
Decided on: Jul-20-2011
1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks to quash and set aside the letter no. 2008/TT-III/73/16 dated 21st June 2010, letter no. BB/C/364/WA/MILK/B2B11 dated 3rd May, 2011 and letter no. 2008/TT-III/73/16 dated 3rd June 2011. The petitioner also seeks to direct the respondent No.2 not to take any further steps or measures in implementation of the aforesaid letters. 2. Brief facts of the case relevant for deciding the present petition are that the petitioner company on 4.1.2007 entered into a concession agreement with the respondent No. 2 to operate the container trains on Indian Railways Network and agreed for a rail terminal facility for the petitioner at Kalamboli. The respondent vide its letter dated 21.6.2010 asked the petitioner as to how it had been running trains in violation of the provisions of the agreement on the NCR route to which the petitioner replied vide letter dated 28.6.2010 explaining that the trains on the NCR r...
M/S Habsons Jobsup Ltd. Vs. Union of India and anr
Court: Delhi
Decided on: Jul-20-2011
1. The challenge in this petition is to the order dated 24 th / 28th June, 2011 suspending for a period of 30 days the Registration Certificate issued to the petitioner. The Certificate was issued under the Emigration Act, 1983 and permitted the petitioner to recruit workers for overseas employment. The petitioner in the petition itself admits that the said order is appealable under Section 23 of the Act. It is however contended that the appeal is not an efficacious alternative remedy owing to the urgency. It is contended that the Royal Embassy of Saudi Arabia has published a Notice dated 13 th July, 2011 informing that a delegation of Ministry of Health is scheduled to arrive in India by 14th September, 2011 for recruiting Consultants, Specialists and Resident Doctors to work in various hospitals and Health Centers in Saudi Arabia. It is urged by the counsel for the petitioner that the petitioner is being prevented from participating in the aforesaid recruitment by the Embassy of Saud...
Shakuntala Devi Vs. Union of India and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: Jul-20-2011
A.K. Mathur, Chairperson 1. Petitioner by this petition has prayed that the respondents may be directed to release special family pension in favour of the applicant with effect from 11th March 2008 i.e. date of re-marriage of the widow of late Gnr. Sombir. It is also prayed that order dated 3rd January 2010 issued by the respondents may be quashed being arbitrary, illegal and without jurisdiction. 2. Late Gnr. Sombir was enrolled in the Army as a combatant soldier on 22nd March 2001. Petitioner is the mother of late Gnr. Sombir and fully dependent on him since he was the sole bread earner in the family. Late Gnr. Sombir met with an accident on 16th October 2004 while on casual leave and died in Civil Hospital, Jind, Haryana on the same day. Therefore it is alleged that the petitioner being on casual leave for 20 days was on duty as per Rule 10 of the Defence Service Regulations. Rule 10 of Defence Service Regulations reads as under: 10. Casual counts as duty except as provided for in R...
N.K. Anand and anr. Vs. Union of India and ors
Court: Delhi
Decided on: Jul-19-2011
1. Petitioner No. 1 Mr. N.K. Anand and Petitioner No. 2 Mrs. Usha Bhatia have filed this petition under Article 226 of the Constitution on 29th August 2000 praying for a direction to Respondent No. 3, National Physical Laboratory („NPL), and Respondent No. 4, National Accreditation Board for Testing and Calibration Laboratories („NABL), to consider absorbing the Petitioners against the posts of Junior Stenographer and Lower Division Clerk („LDC), respectively. Subsequently, the petition was amended to seek a direction to the NABL to regularize the services of the Petitioners with all consequential benefits and, in the alternative, for a direction to the NPL to regularize their services with all consequential benefits. 2. Petitioner No. 2 was appointed as an LDC by the NPL under the National Coordination of Testing and Calibration Facilities („NCTCF) Project for a period of six months by an Office Memorandum („OM) dated 8th November 1988. The said OM indica...
Subodh Kumar and anr. Vs. Mohd. Arif and ors.
Court: Delhi
Decided on: Jul-19-2011
1. The present appeal has been preferred by the appellants against the judgment and award of the Motor Accident Claims Tribunal dated 15.04.2010 seeking enhancement of the awarded amount. 2. The facts relevant for the decision of the present appeal are that on 03.03.2009, Shri Saurabh Jain (hereinafter referred to as "the deceased") along with his friend Gaurav Jain was going to attend his C.A. class at Shah Auditorium on motorcycle bearing No.HR13 B- 3423, which was registered in the name of Gaurav Jain and was being driven by the latter with the deceased as the pillion rider. At about 7.00 a.m., when they reached near Tis Hazari at the crossing towards Rajpura Road, all of a sudden the offending tempo Tata-407 bearing No.DL-1L-B-0254 came from behind and hit the rear side of the motorcycle with great force. The deceased sustained fatal injuries and though removed to the Trauma Centre was declared brought dead. A case bearing FIR No.60/09 was registered at Police Station Kashmere Gate...
Budh Singh Vs. Vijender Singh and ors.
Court: Delhi
Decided on: Jul-19-2011
1. By way of this appeal, the appellants seek to assail the judgment and award of the Motor Accident Claims Tribunal dated 06.03.2010. 2. The brief facts leading to the filing of the appeal are as follows:- On 04.10.2007 the deceased was travelling in tempo no. HR- 69-4806. When the said tempo reached G.T.K. Road, Singhu Border, the driver of the tempo halted his vehicle behind a stationary truck at the toll gate. In the meanwhile, a truck bearing no. HR-38-E-9293 driven by its driver at a very high speed, in a rash and negligent manner, came from the back side and hit the stationary tempo. As a result of the forceful impact, the said tempo got sandwiched between the truck standing ahead of it and truck no. HR-38-E-9293. The deceased sustained injuries all over his body to which he succumbed on 10.10.2007. A claim petition claiming compensation of Rs. 20 lakhs alongwith interest at the rate of 18% per annum was filed by the mother and father of the deceased before the Motor Accident Cl...
Bali Singh and ors. Vs. Ram Kumar Paswan and ors.
Court: Delhi
Decided on: Jul-19-2011
1. By way of the present appeal, the appellants seek enhancement of the compensation awarded to them by the Claims Tribunal by its judgment and award dated 21.02.2007 passed in Suit No.475/2004. 2. The brief facts relevant for the disposal of the present appeal are that one Veer Singh (hereinafter referred to as the 'deceased') died in a road accident on 31st August, 2004. A claim petition seeking compensation for the untimely demise of the 'deceased' was filed by the parents, widow and four minor children of the deceased, who are the appellants herein, against the driver, owner and insurer of the offending vehicle, the respondents No. 1, 2 and 3 herein. The Claims Tribunal disposed of the said petition by its award dated 21 st February, 2007 awarding a total compensation of ` 4,66,400/- to the appellants along with the interest @ 7.5% per annum from the date of the filing of the petition till the date of the award. The manner of computation of the aforesaid award by the Tribunal may b...
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