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Delhi Court January 2012 Judgments

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Jan 23 2012

Crl.A. 229/2011, Crl. M. (Bail) Vs. State

Court: Delhi

Decided on: Jan-23-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.01.2012 + CRL.A. 229/2011, Crl. M. (Bail) 295/2011 and Crl. M.A. 6722/2011 TARIQ MEHMOOD and ANR ..... Appellants Through : Sh. N.D. Pancholi and Sh. Kahorngam Zimik, Advocates along with the appellants in person. + CRL.A. 281/2011, Crl. M. (Bail) 367/2011 and Crl. M. (Bail) 70/2012 MOHD MUFTI ASRAR ..... Appellant Through : Ms. Sima Gulati and Sh. Sugam Puri, Advocates along with appellant in person. + CRL.A. 307/2011, Crl. M.A. 2831/2011 ARSHAD KHAN @ ASLAM KHAN @ MASAB ..... Appellant Through : Proxy counsel (appearance not given) for Sh. M.S. Khan, Advocate along with the appellant. + CRL.A. 986/2011, Crl. M. (Bail) 1388/2011 GHULAM MOHD DAR ..... Appellant Through : Sh. Vishal Gosain, Advocate along with the appellant. versus STATE ..... Respondent Through : Sh. Dayan Krishnan, ASC, for the State along with Sh. Nikhil. A. Menon. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE S.P. GARG MR. JUSTICE S.RAVINDRA BHAT %.1. ...


Jan 23 2012

Naraindas R Israni Vs. Rail India Technical and Economic

Court: Delhi

Decided on: Jan-23-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.237/2010 % 23rd January, 2012 NARAINDAS R ISRANI ..... Appellant Through: Mr. Amit Kakra, Advocate with Mr. Amit Punj, Advocate. versus RAIL INDIA TECHNICAL and ECONOMIC SERVICES LTD ..... Respondent Through CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J. MEHTA, J (ORAL) R.P. No.64/2012 and C.M. No.1329/2012 (condonation of delay).1. This appeal was disposed of on 11.11.2011 by passing the following order:- "1. The challenge by means of this Regular First Appeal is to the impugned judgment dated 10.11.2009 of the Trial Court which dismissed the suit by holding that the subject matter of the suit was adjudicated upon by the Arbitrator, and therefore the Civil Court has no jurisdiction..2. At this stage, learned counsel for the appellant states that the appellant has already challenged the Award under Section 34 of the Arbitration and Conciliation Act, 1996, and challenge has been laid als...


Jan 23 2012

Harjyot Kaur and ors Vs. Today Homes and Infrastructure

Court: Delhi

Decided on: Jan-23-2012

* THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 23.01.2012 + I.A. No.4210/2010 in C.S. (OS). No.2405/2009 HARJYOT KAUR and ORS ...... Plaintiffs Through Mr. Dhruv Mehta, Sr. Adv. with Ms. Amrita Sanghi and Mr. Sameer Abhyankar, Advs. Versus TODAY HOMES AND INFRASTRUCTURE PVT LTD ..... Defendant Through Mr. Arvind K. Nigam, Sr. Adv. with Mr. Rahul Sharma, Adv. CORAM: HON'BLE MR JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J..1. By this order I propose to decide the present application filed by the defendant under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act). The instant suit is for recovery of Rs.1,43,22,000/-..2. The facts of the case as per the parties are that Ludhiana Improvement Trust (in short, called the "LIT") invited tenders from eligible contractors for development of the project called as "City Centre Ludhiana". Thereafter, the defendant was accepted and the bid was given to the defendant and the same was c...


Jan 23 2012

Havildar Venkatagireppa Dn Vs. Union of India and ors

Court: Delhi

Decided on: Jan-23-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.57/2012 % Date of Decision: 23.01.2012 Havildar Venkatagireppa DN .... Petitioner Through Major K.Ramesh, Advocate Versus Union of India and Ors. .... Respondents Through Dr.Ashwani Bhardwaj, Advocate. CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MR. JUSTICE J.R.MIDHA ANIL KUMAR, J. *.1. The petitioner has sought a writ of certiorari to set aside the order of the Armed Forces Tribunal dated 19th December, 2011 wherein the Tribunal had held that the jurisdiction in the matter would be of the Chandigarh bench of the Armed Forces Tribunal as the cause of action had arisen to the petitioner in Leh. While sending the case to the Chandigarh bench of the Armed Forces Tribunal, the Tribunal also granted one weeks time to the respondents to file the reply..2. The petitioner had filed the petition before the Armed Forces Tribunal, Principal Bench, New Delhi being O.A No.321/2011 seeking to quash the communication dated 13th May, 2011 rejectin...


Jan 23 2012

M/S Ashoka Estate Pvt. Ltd. and ors Vs. Union of India and ors

Court: Delhi

Decided on: Jan-23-2012

.* HIGH COURT OF DELHI: NEW DELHI % Judgment decided on: 23.01.2012 + W.P.(C) No.6742/2000 M/S ASHOKA ESTATE PVT. LTD. and ORS. ......Petitioners Versus UNION OF INDIA and ORS .....Respondents AND + W.P.(C) No.6671/2000 PUSHPA VADERA ..... Petitioner Versus UOI and ORS .... Respondents AND + W.P.(C) No.7636/2000 KAILASH NATH and ASSOCIATES ..... Petitioner Versus UOI and ORS ..... Respondents AND W.P.(C) No. 6742/2000 etc. Page 1 of 31 + W.P.(C) No.7649/2000 M/S ANSAL PROPERTIES and INDUSTRY ..... Petitioner Versus UOI and ORS ..... Respondents AND + W.P.(C) No.7717/2000 M/S ANSAL PROPERTIES and INDUSTRY ..... Petitioner Versus UOI and ORS ..... Respondents AND + W.P.(C) No.7718/2000 M/S ANSAL PROPERTIES and INDUSTRY ..... Petitioner Versus UOI and ORS ..... Respondents AND + W.P.(C) No.7747/2000 M/S SAGOON BUILDER P. LTD. ..... Petitioner Versus UOI and ORS ..... Respondents W.P.(C) No. 6742/2000 etc. Page 2 of 31 AND + W.P.(C) No.1082/2001 BRIG. HARBANS BAHADUR and ORS ..... Petition...


Jan 23 2012

Girender Kumar Sharma Vs. State and anr

Court: Delhi

Decided on: Jan-23-2012

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 254/2012 % Judgment delivered on:23rd January, 2012 GIRENDER KUMAR SHARMA ..... Petitioner Through : Mr. R.P. Bhatt, Adv. versus STATE and ANR ..... Respondent Through : Mr.Navin Sharma, APP for State with IO/SI Narender. Mr. Faimuddin, Adv. for R2. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral) CRL. M.A. 913/2012 (Exemption) Allowed subject to all just exceptions. CRL. M.C. 254/2012 1 Notice issued.2. Mr. Navin Sharma, learned APP accepts notice on behalf of Crl.M.C.No. 254/2012 Page 1 of 4 State/respondent No.1.3. Mr. Faimuddin, Advocate accepts notice on behalf of respondent No..2.4. Learned counsel for petitioner submits that vide FIR. 422/2011, a case under Sections 279/506 IPC was registered against the petitioner at P.S. Mandawali, Delhi.5. Further submits that vide Compromise Deed dated 11.01.2012, the parties have compromised the matter and respondent No.2 has no objection if the present FIR is quashed.6....


Jan 23 2012

Dharampal Singh Vs. Govt. of Nct and Others

Court: Delhi

Decided on: Jan-23-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on 23.01.2012 + W.P.(C) 354/2012 DHARAMPAL SINGH ... Petitioner versus GOVT. OF NCT AND OTHERS ... Respondents Advocates who appeared in this case: For the Petitioner : Ms. Jyoti Singh, Sr. Advocate with Mr. Manjeet Singh and Mr. Amandeep Joshi For the Respondent : Mr. Anjum Javed and Mr. Mirza Amir Baig CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE V.K.JAIN V.K.JAIN, J. (ORAL).1. This Writ Petition is directed against the order dated 9.8.2011 passed by Central Administrative Tribunal, Principal Bench at Delhi (hereinafter referred to as the Tribunal) whereby OA No. 365/2011, filed by the petitioner was dismissed..2. An incident of snatching took place in Green Park Extension on 1.2.2008. An FIR being FIR No.58/08 under Section 356/379 of Indian Penal Code was registered at PS Hauz Khas, with respect to the aforesaid incident. The petitioner was the Investigating Officer of the aforesaid case. On 28.3.2...


Jan 23 2012

Pec Limited Vs. Thai Maparn Trading Co. Limited

Court: Delhi

Decided on: Jan-23-2012

IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. 149/2010 Reserved on: December 1, 2011 Decision on: January 23, 2012 PEC LIMITED ..... Petitioner Through: Mr. Ramji Srinivasan, Senior Advocate with Mr. Jayant K. Mehta and Mr. Sukant Vikram, Advocates. versus THAI MAPARN TRADING CO. LIMITED and ANR ..... Respondents Through: Mr. Jay Savla with Ms. Meenakshi Ogra and Mr. Suresh Singh Bisht, Advocates for Applicant/R-1 in IA 7140 of 2011. Mr. S.L. Gupta and Mr. Ram Gupta, Advocates for SBI. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 23.01.2012 I.A. No. 7140/2011.1. This is an application by Thai Maparn Trading Company Ltd. (`Thai Maparn') under Section 144 read with Section 151 Code of Civil Procedure, 1908 (`CPC') for a direction to the Petitioner PEC Limited ('PEC') to pay Thai Maparn an amount of US$827,897.80 for the loss occurred on account of fluctuation in foreign currency while remitting the amount payable to Thai Maparn under a Letter of Credit (L/C) pursuant to an order dated 27th Ap...


Jan 23 2012

Sh.Satish Kumar Sharma Vs. Union of India and anr

Court: Delhi

Decided on: Jan-23-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.482/2012 % Date of Decision: 23.01.2012 Sh.Satish Kumar Sharma .... Petitioner Through Mr.Sagar Saxena, Advocate Versus Union of India and Anr. .... Respondents Through Mr.Rajinder Nischal, Advocate. CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MR. JUSTICE J.R.MIDHA ANIL KUMAR, J. * CM No.1011/2012 Allowed subject to all just exceptions. WP(C) No.482/2012.1. The petitioner has sought an appropriate writ, order or direction to the respondent No.2, Directorate General, Central Reserve Police Force to convene a review DPC to assess the suitability of the petitioner for promotion to the post of Inspector (GD) since his junior, Sh. Sunil Kumar Gupta who had undergone the SSICC Sl.No.27 has been promoted as Inspector with effect from January, 2007, and the said promotion has been declined to the petitioner. WP(C) 482 of 2012 Page 1 of 6.2. The petitioner asserted that he joined the Central Reserve Police Force (CRPF) on 1st March, 2003 an...


Jan 23 2012

Bhopal Singh Vs. Union of India, Through Its Secretary, Ministry of Ho ...

Court: Central Administrative Tribunal CAT Delhi

Decided on: Jan-23-2012

Dr. Ramesh Chandra Panda, Member (A) 1. Shri Bhopal Singh, the applicant herein, desiring to be a Constable in Delhi Police responded to an advertisement issued in 2009 (Phase-II) to fill up 6302 vacancies for the post of Constable (Exe.) Male in Delhi Police and applied for the said post under Scheduled Caste (SC) category. He was put through Physical Endurance and Measurement Test, Written Test and was declared provisionally selected against Roll No.938096, subject to verification of character and antecedents, medical fitness and final checking of documents etc. He was got medically examined and declared fit. He was involved in one criminal case FIR No.110 dated 19.08.2004 under Section 147/149/ 341/379/427/506 of the IPC registered at Police Station, Bhawani Khera, Bhiwani, Haryana. The Trial Court acquitted him vide order dated 09.06.2010 under benefit of doubt. The respondents, on scrutiny of Application and Attestation Forms, found that he had disclosed the facts of his involveme...


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