Delhi Court August 2011 Judgments
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Roshan Lal Sharma Vs. Delhi Transport Corporation
Court: Delhi
Decided on: Aug-25-2011
1. The appellant Roshan Lal Sharma has filed the present intra court appeal assailing the decision dated 5th August, 2011, passed by the learned Single Judge dismissing his writ petition wherein he had challenged the award dated 6th September, 2007 passed by the Labour Court, Karkardooma. 2. Learned counsel for the appellant has submitted that both the industrial adjudicator and the Single Judge have erred in holding that there was evidence or material that the appellant had not issued tickets to the passengers. It is submitted that the enquiry proceedings initiated by respondent Delhi Transport Corporation were sham and there is no evidence whatsoever against the appellant that he had received or collected due fare and not issued tickets to the passengers. The cash was not checked and the ticket block was not sealed. It is further submitted that the appellant had an unblemished record from 1982 onwards and this factor has been ignored. 3. The appellant in 1982 was appointed as a Condu...
Brahm Arenja Vs. Govt of Nct of Delhi
Court: Delhi
Decided on: Aug-25-2011
1. By this order, I propose to dispose of anticipatory bail applications of Brahm Arenja and his wife Brinda Arenja whereby they are respectively seeking bail in case FIR No.55/2011 under Section 420/406/120B IPC P.S. Economic Office Wing, New Delhi. 2. Briefly stated, background facts for disposal of above two applications are that Shri Rajiv Rattan filed a written complaint with the police claiming that the petitioners, in conspiracy with their co-accused Ajay Ahlawat and Sangeeta Ahlawat, have cheated the complainant of `6.45 crores by fraudulently inducing him to agree to purchase a piece of land measuring 7 bighas 9 biswas claiming part of Khasra No.459 (1-15), 460(3-11) and 483(2-3) situated in village Satburi, New Delhi, which land was neither owned by the petitioners nor was free from encumbrances. Rajiv Rattan in his complaint claimed that the land in question was under acquisition since 1980 vide Notification No.F.9(16)/80L&B dated 25.11.1980 issued under Section 4 of the...
Rakesh Kumar Vs. Mangement of Bhagini Nivedita College
Court: Delhi
Decided on: Aug-25-2011
1. Both the writ petitions are directed against an Award dated 7th October, 2005 passed with the Labour Court in ID No. 1104 of 1997. By the said Award the Labour Court disposed of the claim filed by the workman by holding the termination of his services by the management to be illegal and gave the management an option of either reinstating the workman without back wages but with litigation costs of Rs. 10,000/- or to pay the workman Rs. 60,000/- as lump sum compensation along with Rs. 10,000/- as costs of litigation in lieu of the reinstatement. 2. The workman is aggrieved by the Award to the extent that it denies the workman reinstatement with full back wages. Moreover, it is the case of the workman that the management is refusing to let him join services. The case of the management on the other hand is that the workman is refusing to receive the lump sum compensation of Rs. 60,000 and Rs. 10,000 towards litigation expenses. 3. At one stage during the pendency of Writ Petition (Civil...
Suresh Kumar Vs. Union of India and ors
Court: Delhi
Decided on: Aug-25-2011
1. The petitioner, a holder of passport issued by Regional Passport Office, Trivandrum, Kerala contends, he was denied visa to UAE for the reason of another person having a passport with the same number as on the passport of the petitioner; that upon representing to the Regional Passport Office, Trivandrum which had issued the said passport and of which place the petitioner is also a resident, he was vide letter dated 4 th November, 2009 of the Regional Passport Officer, Trivandrum informed that the passport with the number, as on the passport of the petitioner, had been issued to the petitioner only and it may be a case of repetition of passport booklet serial number and gave an option to the petitioner to apply for additional booklet after remitting the prescribed fee. 2. The petitioner is aggrieved from the aforesaid direction of the Regional Passport Office, Trivandrum and contends that he cannot be required to pay fee for the mistake of the Regional Passport Office, Trivandrum. 3....
State (Govt. of Delhi) Vs. Bhartu and ors.
Court: Delhi
Decided on: Aug-25-2011
1. Of the 10 accused, R-2 Smt.Sharwan and R-7 Sh.Raj Singh have expired and thus qua them the appeal abates. Their acquittal has to be treated as having attained finality. 2. Arguments heard qua remaining respondents i.e. Sh.Bhartu, Smt.Ballo, Smt.Prem, Sh.Jai Singh, Smt.Babita, Sh.Rajesh, Sh.Mahabir Singh and Smt.Rani Devi. 3. Vide impugned judgment and order dated 4.8.1998, 10 accused sent for trial and charged for having committed offences punishable under Section 302/307/147/148/149/ 452/323 and 325 IPC have been acquitted. All accused belong to the same family. So do the complainants. 4. That an incident took place in which Kaptan, Nirmala, Sudershana, Poonam, Ratni and Bhim Singh received injuries with a blunt object at around 6:00 AM on 30.6.1994 is not in dispute and the place of occurrence is a plot of land ad- measuring 1100 square yards near a Johar in village Palam is also not in dispute. As per the complainant group, the plot of land was sold by Sultan Singh to Satbiro who...
Vijay Kumar Sharma Vs. Punjab and Sind Bank and ors.
Court: Delhi
Decided on: Aug-25-2011
1. The Petitioner who was working as a branch in-charge of the Sherpur Khadar rural branch of the Punjab and Sind Bank (‘the Bank) challenges an order dated 18th September, 1995 passed by the Disciplinary Authority (‘DA) awarding the Petitioner the punishment of ‘dismissal which shall ordinarily be a disqualification for future employment’ under Clause 4 (h) of the Discipline and Appeal Regulations of the Bank. 2. The Petitioner joined the Respondent Bank as a clerk on 30th March 1974. He was promoted as officer on 7th February 1977. In January 1988 he was posted as a branch in charge of the Sherpur Khadar rural branch of the Bank in the interiors of Uttar Pradesh. The Petitioner states that the said branch serviced thirty-three villages and was manned only by four persons, viz., the branch in-charge, the cashier, the peon and the guard. On 11th January 1991, the cashier of the branch left early on the pretext of some work and did not return to the branch. The P...
Master Mohammad Akram Khan Vs. Jamia Senior Secondary School and ors.
Court: Delhi
Decided on: Aug-25-2011
1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks directions to direct respondent Nos. 1 and 2 to allow him to reappear in the English as well as Mathematics examination of XI class and thereafter assess his suitability for promotion to class XII. 2. The background of facts that has led to the filing of the present petition is that the after passing his class X CBSE examination, the petitioner took admission in the respondent school in XI class in the academic year 2010-11, the annual examinations for which were scheduled to be held from 2.3.2011 to 28.3.2011 . It is further stated that the petitioner fell ill from 10.3.2011 to 16.3.2011 due to enteric fever and thus could not appear in his English examination, which was held on 14th March,2011 due to his illness and for which he had duly submitted his medical certificate on 18.3.2011 with respondent No. 1. It is further the case of the petitioner that on 6.4.11, the result of his annual exa...
Ram Sunder @ Ramu Vs. State
Court: Delhi
Decided on: Aug-25-2011
1. This appeal impugns the judgment and order of the learned Additional Sessions Judge dated 31.01.2011, in SC No.65/2009 holding the Appellant guilty for committing offence punishable under Section-302, IPC and sentencing him to life imprisonment. 2. The prosecution's case was that on 13.07.2005, an intimation (i.e. D.D. No.10/A marked as Ex.PW-20/A) was received at 7:12 AM regarding the dead body of Girish. The body was found at the CPWD Enquiry Office/Complex, Netaji Nagar. The prosecution alleged that police officials PW-16 and 17 reached the spot and were later followed by PW-10 and PW-21. The deceased Girish was lying face down in the pool of blood; a thick bamboo danda with blood stains also lay beside his body. It was alleged that blood stains could be seen on the wall, window pane and switch board. Certain personal articles such as a red colour purse, two papers etc. were lying around. An aluminum vessel was also found; it contained a glass tumbler and a half bottle of "Classi...
Dharamvir Singh @ Deepak Vs. the State(Nct of Delhi)
Court: Delhi
Decided on: Aug-25-2011
1. This revision petition under Section 401 read with Section 482 Cr.P.C. is directed against the order dated 10th May, 2011 passed by learned Special Judge, Karkardooma Court, Delhi in case FIR No.538/2010, P.S. Anand Vihar titled "State v. Dharamvir Singh and Anr." whereby the learned Special Judge dismissed the application of the petitioner under Section 167(2) Cr.P.C. and declined to admit him on bail. 2. Facts relevant for the disposal of this petition are that the petitioner along with his co-accused was arrested on 15.12.2010 in case FIR No.538/2010 P.S. Anand Vihar for allegedly having committed offences under IPC and the Arms Act. He was produced before the court and remanded to judicial custody. 3. During investigation, involvement of the petitioner in 31 other criminal cases was revealed. Thus, on 24.01.2011, Assistant Commissioner of Police sent a proposal for invoking MCOCA against the petitioner. On 04.02.2011, requisite sanction under Section 23(1)(a) of MCOCA for invok...
Food Craft Institute Vs. Rameshwar Sharma and anr
Court: Delhi
Decided on: Aug-25-2011
1. The Petitioner management is aggrieved by an Award dated 29th January, 1998 passed by the Labour Court in ID No. 3 of 1992 holding the termination of the services of the workman by the management to be illegal and directing his reinstatement in service with continuity and back wages from 4th June 1990 onwards. 2. The Respondent workman was appointed as a lower division clerk (`LDC') in the management Institute by an appointment letter dated 28th January 1983. The letter of appointment stated that the post was a temporary one. The pay of the workman was to be Rs.260 per month in the scale of pay of Rs. 260-400. It was stated that his case of confirmation to the post shall be considered "as per rules after the post has been converted into permanent." The appointment was to be on probation for a period of two years. It was stated that the probation period could be extended at the discretion of the appointing authority. Clause (vi) of the letter of appointment stated that during the per...
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