Delhi Court September 2011 Judgments
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Rajiv Aggarwal Vs. State
Court: Delhi
Decided on: Sep-12-2011
1. Petitioner being aggrieved by order dated 25.01.2011 has preferred the instant petition. 2. The respondent No.2 has filed a complaint against the petitioner No.2 through petitioner No.1 under Section 138 Negotiable Instruments Act 1881 (herein after referred as NI Act) before the court of learned Metropolitan Magistrate, Patiala House Courts, New Delhi, (herein after referred as learned trial court) alleging therein that a cheque bearing No.315266 dated 28.01.2002 for a sum of Rs.8,44,240.50 (Rupees Eight lacs forty four thousand two hundred forty and fifty paise only) drawn on Oriental Bank of Commerce, Thanesar District, Kurukshetra, Haryana was issued by petitioner No.2 under the signatures of petitioner No.1. The same was dishonoured due to 'insufficient funds' and despite notice, the petitioners did not make payment within the stipulated time and thus committed an offence punishable under Section 138 of NI Act. 3. It was also alleged in the complaint that the goods were supplie...
Harsha Industries Vs. Mahesh Chand Sharma
Court: Delhi
Decided on: Sep-12-2011
1. The petition impugns the award dated 19th May, 2007 of the Industrial Adjudicator on the following reference:- "Whether the services of Shri Mahesh Chand Sharma have been terminated illegally and/or unjustifiably by the management, and if so, to what relief is he entitled and what directions are necessary in this respect?" and holding the respondent workman: i) to have been in employment of the petitioner w.e.f. 13th April, 1996; ii) to be last drawing a salary of `2,900/- per month; and, iii) having not been employed anywhere since his termination on 29th August, 1999, and directing the petitioner employer to reinstate the respondent workman with 75% back wages and continuity of service with all legal benefits. 2. Notice of the petition was issued and subject to the petitioner employer depositing `50,000/- in this Court besides litigation expenses, the operation of the award stayed. Litigation expenses have been released to the respondent workman. 3. CM No.2083/2009 was filed by th...
Cyprian Kujur, L.D.C. and anr. Vs. Union of India
Court: Delhi
Decided on: Sep-12-2011
After some arguments, learned counsel for the petitioners, on instructions, seeks to withdraw the writ petition in view of the documents filed by the petitioners along with the rejoinder which were not before the Tribunal when the impugned order was passed and which were not considered by the Tribunal. The learned counsel seeks to withdraw the writ petition with liberty to file review petition or such other petition before the Tribunal as will be permissible under law. Learned counsel for the petitioners contends that these documents were supplied by the respondents to the petitioners pursuant to the queries raised on behalf of the petitioners under Right to Information Act. Learned counsel for the petitioners also contends that these documents are material for the adjudication of the controversy between the parties and could not be produced by the petitioners earlier till they were supplied to them by the respondents under Right to Information Act. In the circumstances, the petitioner...
R.S. Sharma Vs. Union of India and ors
Court: Delhi
Decided on: Sep-12-2011
1. The Petitioner who was working as the Chief Inspector in the Inspection & Control Division of the Punjab National Bank („the Bank), Respondent No. 2, challenges an order dated 3rd June 1994 passed by the Disciplinary Authority (`DA) imposing on the Petitioner the penalty of reduction of grade from SMG Scale IV to MMG Scale III and an order 17th June 1995 passed by the Chairman-cum-Managing Director of the Bank as the Appellate Authority („AA) removing the Petitioner from service. 2. Earlier the Petitioner had also challenged the validity of Regulation 17 of the Punjab National Bank Officer Employees (Discipline & Appeal) Regulations 1977 („Regulations 1977) along with P.D. Circular No. 1320 dated 3rd February 1992. However, learned counsel for the Petitioner made a statement before the Division Bench of this Court on 8th September 2006 that the Petitioner would not like to press prayer (a) (i) of the writ petition. Consequently, the writ petition was direct...
Sepoy Islam Khan Vs. Uoi and ors.
Court: Delhi
Decided on: Sep-12-2011
1. The writ petitioner has challenged the order dated 20.1.2011 passed by the Armed Forces Tribunal dismissing TA No.64/2010 in which the petitioner had challenged the order dated 26.10.1994 discharging him from service. It may be noted that TA No.64/2010 was the number assigned by the Armed Forces Tribunal to W.P.(C) No.850/1999 which was filed by the petitioner in this Court and since the Armed Forces Tribunal was constituted during the pendency of the said writ petition in this Court, it was transferred to the Tribunal for adjudication. The second order which has been challenged is dated 28.2.2011 dismissing RA No.7/2011 under cover of which application the petitioner sought a review of the order dated 20.1.2011. On 25.4.1994 the Brigadier In-charge issued a notice to the petitioner alleging that in the 11 years' service rendered by him he had earned 4 red ink entries. Prima facie opining that the petitioner was not fit to be retained in service, petitioner was called upon to show c...
Campaign for People Participation Vs. Union of India
Court: Delhi
Decided on: Sep-12-2011
1. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner, Campaign for People Participation, through its President, has prayed for declaring the New Delhi Municipal Corporation Act, 1994 (for brevity, „the 1994 Act) as ultra vires Part IXA and also violative of Articles 13, 14, 19 and 21 of the Constitution of India and further to issue a mandamus directing the respondent to take necessary steps immediately for directing election of the Municipality of New Delhi area. 2. It is averred in the petition about the growth of local self governance and the concept of village republic with further reference is made to the Punjab Municipal Act, 1911, formation and changes in the Delhi Municipal Committee from time to time and enactment of the 1994 Act, the 73rd and 74th amendments in the Constitution wherein Chapter IX has been introduced in respect of the Panchayats and Chapter IXA in respect of the Municipalities. It is urged that these a...
Dr. Nand Kishore Sharma Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-12-2011
1. The challenge in this writ petition by the Petitioner who was working as Principal of the Haryana Sanskrit Vidyapeeth („HSV), Respondent No. 4, is to an order dated 31st January 1992 issued by the Chairman of the Managing Committee (`MC) of HSV in Palwal, District Faridabad in Haryana, terminating the Petitioners services. The Petitioner also challenges the charge sheet dated 15th July 1991 and the enquiry report of the Enquiry Officer (`EO) (impleaded as Respondent No. 5). The Petitioner prays for the consequential relief of reinstatement with continuity of service and arrears of wages. 2. Several years after this Court had issued Rule in 1997 the Petitioner filed CM No. 1465 of 2007 seeking to amend the writ petition. The purpose of the amendment was to implead the Rashtriya Sanskrit Sansthan (`RSS), Janak Puri, New Delhi through its Director as Respondent No. 6. It was stated that after filing of the present writ petition, the HSV on 3rd February 1999 one Prof. Sureshwar Sh...
Indian Hockey Federation Vs. Union of India
Court: Delhi
Decided on: Sep-12-2011
1. This is a suit for recovery of Rs.85,30,866.68. The plaintiff is a national sports federation registered under the Societies Registration Act and is alleged to be the supreme body controlling and regulating the game of hockey in India. The plaintiff claims to have conducted various tournaments and coaching camps and participated in them in India as well as abroad, for which it is seeking reimbursement by the defendant. It is alleged that the defendant vide its letter dated 1.12.2005 cleared the proposal of the plaintiff for sanction of financial assistance of Rs.6,00,000/- for organizing the 27th Men's Championship Trophy at Chennai from 10th to 18th December, 2005 but failed to release the aforesaid amount despite the plaintiff submitting the expenditure statement. Vide letter dated 1st August, 2007, the defendant expressed its difficulty in releasing the pending grants on account of certain outstanding utilization certificates. The plaintiff requested the defendant to adjust the p...
Narinder Kumar Anand and anr. Vs. Ashok
Court: Delhi
Decided on: Sep-09-2011
1. This petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 has been filed against the order dated 12.03.10 passed by the learned Additional Rent Controller whereby the petitioners' application for grant of leave to defend the eviction petition filed against them by their landlord, respondent herein, in respect of the shop under their tenancy has been dismissed and eviction order has been passed. 2. The respondent- landlord in his eviction petition had pleaded that he and his family comprising of his wife and five children were living in a temporary shed and that too without any kitchen, bath etc. on the second floor of property no. 10307, Tokri Walan, Azad Market, Delhi-110007 and one room on the first floor was occupied by his brother and so he required the shop of the size of 12'x17' in occupation of the petitioners on the ground floor, so that it could also be utilised by him and and his family members, all of whom were dependent upon him, for living there .it was a...
Commissioner of Police, Delhi Vs. H.C.Laxmi Chand
Court: Delhi
Decided on: Sep-09-2011
1. The petitioner, Commissioner of Police, has challenged the order dated 25th May, 2005 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, titled as „H.C. Laxmi Chand v. Government of NCT of Delhi, allowing the original application of the respondent and setting aside the order of punishment dated 28th July, 2003 passed by the Disciplinary Authority awarding the forfeiture of 4 years of approved service permanently and also setting aside the Appellate order dated 11th October, 2004 dismissing the appeal of the respondent. 2. Brief facts to comprehend the controversies are that one Lal Bahadur S/o Gorakh Bahadur, a domestic servant of Sh.Shanker Lal Sangwani S/o Sh.Prahlad Rai Sangwani, a resident of Plot No.34, Kanwar Nagar, Jaipur, Rajasthan had committed theft in the house of his owner and had left for Delhi along with some jewelry and other articles. 3. The respondent along with Constable Sheel Bahadur was posted on Picket Duty at Farash Khan, S.N.Marg,...
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