Delhi Court September 2011 Judgments
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NasiruddIn and ors Vs. Mcd and ors
Court: Delhi
Decided on: Sep-29-2011
1. The present petition is filed by the petitioners praying inter alia for directions to the respondents to conduct a survey of the dairies of the petitioners as also to consider the applications of the petitioners for allotment of plots in Ghogha Dairy as per law. 2. At the outset, counsel for the petitioners was requested to inform the Court as to the date on which the applications, copies of which have been placed on record at pages-20-31, were submitted to the respondent/MCD. The said query was raised in view of the fact that photocopies of the aforesaid applications placed on record by the petitioners neither bear a date of filing of the applications nor an endorsement of the respondent/MCD showing receipt of the said applications. Counsel for the petitioner orally submits that though there is no averment in the writ petition as to the exact date on which the aforesaid applications were submitted by the petitioners to the MCD, the said applications were, in fact, submitted sometim...
M/S. Essar Steel Limited Vs. Union of India and ors
Court: Delhi
Decided on: Sep-29-2011
1. The petition impugns the directions issued by the respondent no.2 Ministry of Petroleum & Natural Gas (MoPNG) in its letters dated 30th March, 2011 and 21 st April, 2011 to respondent no.3 Reliance Industries Ltd. (RIL) and respondent no.4 Niko Limited (Niko) and the consequential letter dated 4 th May, 2011 of RIL intimating to the petitioner that the supply of Natural Gas to the petitioner in terms of the Gas Sales and Purchase Agreement (GSPA) between the petitioner on the one hand and RIL & Niko on the other hand was likely to be affected in compliance of the said directions of MoPNG. 2. It is inter alia the contention of the petitioner in the writ petition that the aforesaid direction of MoPNG reducing the supply of Natural Gas (Gas) to the petitioner is in contravention of the policy/directions/guidelines framed by the Empowered Group of Ministers (EGoM) regarding allocation of limited available quantity of Gas to the consumers thereof. 3. The petition came up before t...
Joginder Singh Vs. Vishnu Dutt and anr.
Court: Delhi
Decided on: Sep-29-2011
1. Vide order dated 16.09.2011, the following order was passed. 1. The learned counsel for the petitioner submits that vide judgment dated 27th April, 2011, the petitioner was held guilty for the offence punishable under Section 138 of the Negotiable Instruments Act and vide order dated 29th April, 2011, the petitioner was sentenced to undergo simple imprisonment for a period of one year and compensation of Rs.65,000/- was granted in favour of the complainant to be paid by the convict/appellant within one month from the said order. 2. The learned Metropolitan Magistrate, on the even date, considered the application under Section 389 of the Code of Criminal Procedure being filed on behalf of the convict for suspension of sentence to file an appeal against the order. In the aforesaid order, the sentence of the petitioner was suspended for a period of one month from that date to enable him to do the needful and till then, the learned MM has admitted the convict on bail till 30th May, 2011...
The New India Assurance Co. Ltd. Vs. Smt. Swaran Khanna and ors.
Court: Delhi
Decided on: Sep-29-2011
1. The short question which arises for decision in the present appeal is whether the liability of the appellant-Insurance Company was limited to the extent of ` 50,000/- only or it was unlimited third party liability as held by the learned Motor Accidents Claims Tribunal by its judgment and award dated 10th June, 1994. 2. The appellant-Insurance Company was the respondent No.3 in the Claim Petition filed under Sections 110A and 92A of the Motor Vehicles Act, 1939 by the legal representatives of the deceased Ramesh Kumar Khanna, who died as a result of a road accident, which took place on 10.03.1986. In the written statement filed by the appellant, it was asserted that its liability was limited to ` 50,000/- as the policy issued by it insuring the offending vehicle, being a taxi bearing No.CHZ 1, was an „Act Only Policy. In order to substantiate its aforesaid assertion, the appellant-Insurance Company adduced the evidence of its Branch Manager RW1 Shri M.S. Bindra, who proved the...
J.P.Gattani and ors Vs. the Delhi Police and anr
Court: Delhi
Decided on: Sep-29-2011
1. The petition impugns the decision/order dated 1st May, 2009 of the respondent no.3 Dy. Commissioner of Police (Traffic), in the matter of separate contracts entered into with each of the seven petitioners of supply of cranes to the Delhi Police. The petition also seeks mandamus directing the respondent no.2 Joint Commissioner of Police (Traffic) to refund to the petitioners the amount deducted from the bills of the petitioners for the period from 1st May, 2009 to 30th June, 2009 on account of the decision/order dated 1st May, 2009 (supra). The petitioners state that no copy of the decision/order dated 1st May, 2009 has been supplied to the petitioners. 2. The claim of the petitioners is, that their separate bids for supply of such cranes were accepted in the year 2004 and agreements entered into with each of them for a period of one year; that the said agreements were renewed from year to year till July 2010; that under order/decision dated 1st May, 2009 a condition was imposed that...
New India Assurance Co. Ltd. Vs. Zarina and Others
Court: Delhi
Decided on: Sep-29-2011
1. The appellant, the New India Assurance Co. Ltd., seeks to assail the judgment and award of the Motor Accidents Claims Tribunal dated 10.02.2003, whereby a sum of ` 1,80,000/- with interest at the rate of 9% per annum for 9 years was awarded in favour of the respondents No.1 to 4/claimants and against the appellant. 2. The essential facts leading to the passing of the aforesaid award are not in dispute. On 09.12.1984, one Fazruddin while going on a bicycle was hit by a truck bearing No.DHL-3096, being driven in a rash and negligent manner by the respondent No.5. He sustained grievous injuries to which he succumbed. The legal heirs of the deceased filed a Claim Petition under Sections 110A and 92A of the Motor Vehicles Act, 1939 claiming compensation in the sum of ` 2.5 lakhs on account of his untimely demise from the respondent No.5- the driver of the offending truck, the respondents No.6 and 7-the joint owners of the truck and the appellant/Insurance Company-the insurer of the offen...
Ashish Aggarwal Vs. Union of India Through the General Manager, New De ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-29-2011
Dr. A.K. Mishra, Member (A) 1. The applicant has challenged the order dated 19.03.2010 of the Disciplinary Authority (DA) whereby he was dismissed from service; the order dated 07.07.2010 whereby the Appellate Authority (AA) rejected his appeal. 2. The applicant was appointed as a Commercial Clerk on 14.08.1998. While working as a Booking clerk at Chandausi on 24.08.2006 there was a vigilance decoy operation and he was charge sheeted on 28.02.2008 on the allegations that he over-charged the decoy passenger by Rs.40/- and that there was shortage of government cash by Rs. 1058/- and private cash by Rs. 73/- and further that he connived with the Booking Clerk of Counter No.3 Sh. K.C. Saroj and adopted a modus-operandi by which the demand for higher ticket amount was made by the Booking Clerk (BC) at Counter No.3 but the extra money was received and tickets were issued by him through the BC of Counter No.3. 3. We find that the applicant has not exhausted the statutory remedy available to h...
Sultan Singh Vs. Government of Nct of Delhi Through the Chief Secretar ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-29-2011
Dr. Ramesh Chandra Panda, Member (A): 1. Shri Sultan Singh, the applicant herein, has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985, challenging the order dated 10.02.2011 vide which the candidature of the applicant for the post of Constable (Driver) has been cancelled, and has prayed for the following relief(s): “(a)Directing the respondents to place the relevant records pertaining to the present OA before their Lordships for the proper adjudication in the matter in the interest of justice. (b)Quash and setting aside the impugned order dated 10.02.11 with all other consequential benefits namely appointment in services, seniority from the date from which the batch mates of the applicant appointed etc. etc. (c)Allowing the O.A. of the applicant with all other consequential benefits and cost. (d)Any other fit and proper relief may also be granted.” 2. Brief facts of the case would disclose that in the year 2007 Delhi Police started...
Hemant Kumar Sharma Vs. Union of India Through Secretary, New Delhi an ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-29-2011
Justice V. K. Bali, Chairman: 1. The applicant as his maiden visit abroad to Australia to meet his son there, made an application on 3.3.2009 for thirty days’ earned leave from 16.4.2009 to 15.5.2009. Simultaneously, i.e., on the same very day, he also sought permission to travel abroad in the prescribed proforma. Admittedly, the applicant was granted leave to travel to Australia to meet his son. Chief Post Master General forwarded his application to Postal Directorate on 12.3.2009, i.e., after nine days the same was made. An endorsement came to be made by Director, Headquarter at Kolkata on the concerned file on 8.4.2009 that no separate NOC (non objection certificate) was required for visiting abroad. Despite that, the Chief Post Master General would make a note on the same day that NOC was needed before the concerned officer was to leave the country. When this note was put up before the applicant, he, under bona fide belief, as is his case, that DOPandT instructions dated 1.9....
Ghananand Vs. National Capital Territory of Delhi Through Its Chief Se ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Sep-29-2011
By Dr. Veena Chhotray: 1. The applicant had been working under the Delhi Energy Development Agency (DEDA) on casual basis and had subsequently been conferred temporary status. In course of time the DEDA was closed. A number of Writ Petitions got filed before the Delhi High Court by the affected employees. While disposing these petitions, the Hon’ble High Court issued certain directions to the respondents to prepare a list of such persons and consider their appointment on priority basis in other Organizations; subject of course, to fulfillment of stipulated conditions. Certain directions regarding grant of age relaxation were also given. In pursuance of these directions, the applicant had been appointed in the year 2004 as a Peon in the Directorate of Audit, GNCTD (Res.3). However, on a complaint received by the Services Department of the GNCTD, it was alleged that three ex-casual employees of DEDA had been appointed by granting excess age relaxation than had been directed by the ...
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