Delhi Court August 2011 Judgments
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Smt. Reena Vs. M/S Nanda Brothers P. Ltd.
Court: Delhi
Decided on: Aug-11-2011
1. The petition impugns the award dated 17th March, 2008 of the Industrial Adjudicator on the following reference:- "Whether the services of Smt. Reena have been terminated illegally and/or unjustifiably by the management and if so, to what relief is she entitled and what directions are necessary in this respect?" and holding that the petitioner workman had herself resigned from employment of the respondent employer and is thus not entitled to any relief. 2. Notice to show cause of the petition was issued on 22 nd July, 2008. Since then the matter is being adjourned either for the reason of the petitioner having not taken any steps for service of the respondent employer or for the reason of the process sent to the respondent employer at the address given by the petitioner workman being returned with the endorsement that no such firm exists at the said address. The counsel for the petitioner workman has now filed CM No.6651/2011 for service of the respondent employer by substituted mean...
Wahid Ahmed and ors. Vs. State
Court: Delhi
Decided on: Aug-11-2011
1. The present appeals are directed against the judgment dated 09.09.2010 and subsequent order on sentence date 21.09.2010 in Sessions Case No. 38/09 passed by Additional Sessions Judge, North East, Karkardooma Courts, Delhi, whereby the appellants were convicted under section 302/34 IPC and sentenced to rigorous imprisonment for life and to pay a fine of Rs. 2000/- and in default, to undergo simple imprisonment for two months. 2. The factual matrix of the of the prosecution case is that on 11.10.2005, a PCR call vide DD No. 14-A, was received in Police Station Seelampur regarding burning of woman in House No. 1312, Gali No. 42, Jafrabad, Delhi. On the receipt on the said DD, PW-11 S.I. Har Prasad along with PW-8 Constable Surender Kumar, reached at the spot, where they came to know that the injured had been taken to GTB Hospital by a PCR van. 3. PW-11, S.I. Har Prasad left PW-8 Constable Surender Kumar at the spot and he himself went to GTB Hospital and obtained the MLC of injured Sha...
Pratap Singh Vs. Uoi and ors.
Court: Delhi
Decided on: Aug-11-2011
1. Petitioner was appointed as a 2nd In-Command under the Central Reserve Police Force and having a legal background was selected on deputation in CISF as an Assistant Inspector General (Legal & Regulation). Petitioner proceeded on deputation on 29.3.1996 and on 22.11.2002 was permanently absorbed as Assistant Inspector General (L&R) in CISF. 2. It be noted that the post of Assistant Inspector General (L&R) is an isolated post. 3. There being no legal department in CISF, in the year 2003 a proposal was submitted that CISF should have a cadre of persons trained in law. 4. Pending decision by the Cadre Controlling Ministry and the post of Assistant Inspector General (L&R) being an isolated post, petitioner started clamouring that a post of Deputy Inspector General (L&R) be created and he be promoted to the said post and for which clamour, justification given by the petitioner was that persons in the general cadre who were otherwise junior to him had earned a promotion...
Ashrafi Devi Vs. State of Delhi
Court: Delhi
Decided on: Aug-11-2011
1. This appeal is directed against the judgment dated 29.08.1997 delivered by the learned Additional Sessions Judge, Shahdara, Delhi in Sessions Case No. 225/1996 arising out of FIR No. 93/1984 registered at police station Seelampur under Section 302 IPC. The appeal is also directed against the order on sentence dated 30.08.1997. By virtue of the impugned judgment, the appellant Ashrafi Devi has been found guilty of having committed the offence punishable under Section 302 IPC by causing the death of her daughter-in-law Smt. Dev Wati (who was married to her son Babu Ram) on 30.03.1984. By virtue of the impugned order on sentence, the appellant was sentenced to undergo imprisonment for life and was also fined a sum of ` 1000 and, in default thereof, she was to further undergo rigorous imprisonment for six months. 2. The charge against the appellant was that on 30.03.1984 at about 6 a.m., she caused the death of her daughter-in-law Smt. Dev Wati by setting her clothes on fire after pouri...
Surender Kumar Vs. Uoi and ors.
Court: Delhi
Decided on: Aug-11-2011
1. Yet another case of loose and laconic pleadings. 2. Employed under BSF as a Constable, it was reported to the Commandant, that under the influence of alcohol the petitioner assaulted his superior officer HC Sunil Kumar Jha on 6.6.2007 at around 9:30 hours. It was also reported in the office report that when medically examined at the Samudaya Swasthaya Kendra at 11:40 hours, the petitioner was found having consumed alcohol but was not under its influence. 3. Taking cognizance of the offence report and complying with Rule 44 of the BSF Rules, hearing of the charge as per Rule 45 was conducted by the Commandant who directed Record of Evidence to be prepared. 4. 3 witnesses were examined by the officer preparing the Record of Evidence; being HC Sunil Kumar Jha, the person assaulted, HC Vijay Kumar Singh and HC Satyavir Singh. 5. Considering the Record of Evidence the Commandant directed petitioner's trial at a Summary Security Force Court. 6. Formal charge pertaining to use of criminal ...
Wg.Cdr. Manisha Krishnatri (Retd.) and ors. Vs. Uoi and ors
Court: Delhi
Decided on: Aug-11-2011
1. Above captioned writ petitions filed after a Division Bench of this Court decided, vide its judgment and order dated 12.3.2010, on the issue of entitlement of women lady officers inducted in the Indian Air Force as Short Service Commissioned Officers for Permanent Commission. In that sense, it can be said that the captioned writ petitions are a sequel to the opinion dated 12.3.2010 deciding a batch of writ petitions, lead matter being W.P.(C) No.1597/2003 Babita Punia v. The Secretary & Anr. 2. The origin of the litigation could be traced to Section 12 of the Air Force Act 1950 which makes females ineligible for enrolment or employment in the Air Force, except in such corps, department, branch or body forming part of or attached to the Air Force as the Central Government may, by notification, specify in this behalf. 3. 25.11.1991 was the date when the Central Government made eligible by notifying the wings of the Air Force where females could be enrolled or employed. All of them...
Siddhartha Behura Vs. C.B.i.
Court: Delhi
Decided on: Aug-11-2011
1. Siddhartha Behura, the petitioner herein is seeking bail in case RC No.DAI-2009-A-0045 P.S. ACB, CBI New Delhi under Sections 420, 468, 471 and 120B IPC and 13(2) read with Section 13(1)(d) of the P.C. Act. 2. Briefly stated, allegations in the charge sheet are that during the period of May 2007-2008, the petitioner, a public servant, entered into a criminal conspiracy with Shri A.Raja, Minister of Communications and Information Technology, Shri R.K. Chandolia, PS to the Minister and the other co-accused persons with the object to cause undue pecuniary advantage to the private persons named as accused in the charge sheet and their companies, namely, M/s Swan Telecom Pvt. Ltd. and Unitech Group of Companies and in furtherance of said conspiracy, he and his co-accused persons caused undue pecuniary advantage to M/s Swan Telecom Pvt. Ltd. and Unitech Group of Companies and caused corresponding loss to the State exchequer by abuse of their official position. 3. Briefly put, case of the ...
D.T.C. Vs. Lata Mansukhani and ors
Court: Delhi
Decided on: Aug-10-2011
1. By way of this appeal, the appellant-Delhi Transport Corporation seeks to assail the judgment and award dated 30th May, 2003 passed by the learned Motor Accidents Claims Tribunal, Delhi. 2. The facts may be briefly recapitulated as follows. On 18.07.1999, one Mohan Mansukhani, aged about 55 years, was going from his house in Model Town towards the bus stand, after crossing the G.T. Karnal Road, when he was hit by bus No.DBP-6048 on the road leading to the bus stand. Allegedly the said bus was being driven by the respondent No.5, Angrez Singh at a very fast speed, recklessly and negligently and it hit the deceased from behind causing fatal injuries. The respondents No.1 to 4, who are the legal representatives of the deceased, being his widow and three daughters, filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the untimely demise of their bread earner. The learned Motor Accidents Claims Tribunal after analyzing the evidence adduced bef...
Vijender Kumar Sanghi Vs. D.D.A. and anr
Court: Delhi
Decided on: Aug-10-2011
1. The writ petition was filed impugning the demand dated 7 th July, 2005 of the respondent DDA of Rs 5,71,663/- on the petitioner on account of use of property No. G-2, Maharani Bagh, New Delhi for purposes other than specified in the perpetual lease of land underneath the said property and as a pre-condition for conversion of the Leasehold Rights in the land underneath the property into Freehold. The petitioner also seeks mandamus for conversion of the Leasehold Rights into Freehold. 2. Notice of the petition was issued and pleadings have been completed. 3. Misuse charges were claimed by the respondent DDA for the reason of use of a portion of the property for the purpose of office of Training Organization for Research & Counseling in Health (TORCH Mission). It is the contention of the counsel for the petitioner that the said TORCH Mission is an NGO. While the counsel for the petitioner contends that the property was let out to the said M/s TORCH Mission for residential purpose o...
Mohd.Nabi Vs. State of Delhi and ors.
Court: Delhi
Decided on: Aug-10-2011
1. The petition seeks compensation of `10 lac for the injuries suffered by the petitioner while in Tihar Jail and on account of medical negligence in treatment thereof. Notice of the petition was issued and pleadings have been completed. 2. It is the case of the petitioner that the petitioner was asked by the Jail Authorities to carry flour bags of over 100 kg. weight and owing whereto he fell and suffered a injury in his foot. 3. As far as the claim on account of the negligence of the Jail Authorities is concerned, the respondents in the counter affidavit filed have controverted that the petitioner was asked to or had lifted heavy flour bags or had suffered the injury owing thereto. It is the case of the respondents that as a matter of practice flour bags are jointly lifted by a team of three or more persons and ferried from the store to the Langar in a trolley; though it is admitted that the petitioner was involved in the said activity when he accidently slipped and hurt his leg. 4. ...
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