Delhi Court January 2012 Judgments
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Rajinder Kumar Gupta Vs. Rameshwar Prasad Gupta
Court: Delhi
Decided on: Jan-16-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : January 10, 2012 Judgment Pronounced on: January 16, 2012 + RFA(OS) 89-90/2011 RAJINDER KUMAR GUPTA ..... Appellant Through: Mr.Anil Grover, Advocate. versus RAMESHWAR PRASAD GUPTA ....Respondent Through: Mr.Ravi Gupta, Senior Advocate with Mr.Lalit Gupta, Advocate for R-1. Ms.Rashmi Rai, Advocate and Mr.Nikhil Singla, Advocate for R-2 and R-3. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J..1. Late Janki Devi who died on 03.03.1995 was blessed with three sons and a daughter. The sons are named Rameshwar, Rajender and Rajesh. The daughter is named Urmila. Husband of Janki Devi, Lala Ram Sarup had pre- deceased her..2. Janki Devi was the owner of a built up property bearing Municipal No.92, Banarasi Dass Estate, Timarpur, Delhi-110054. Her three sons were residing in the said house along with her..3. Urmila has admittedly executed a deed of relinquishment dated 26.03.1...
Union of India Vs. R. P. Singh
Court: Delhi
Decided on: Jan-16-2012
THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 16.01.2012 + W.P.(C) 166/2012 and CM 350/2012 UNION OF INDIA ... Petitioner versus R. P. SINGH ... Respondent Advocates who appeared in this case: For the Petitioners : Mr Ankur Chhibber For the Respondent : Mr Neeraj Kishan Kaul, Sr Advocate with Mr A. K. Behara and Mr Raman Gandhi CORAM:- HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE V.K. JAIN BADAR DURREZ AHMED, J (ORAL).1. This writ petition is directed against the order dated 08.12.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in Original Application No. 4009/2011 as also against the order dated 03.01.2012 passed in MA 4/2012 in the said Original Application..2. By virtue of the impugned order dated 08.12.2011, the respondent's Original Application was allowed and a direction was issued to the petitioners herein to issue a promotion order in respect of the respondent to the post of Higher Administrative Grade as expeditiously...
Vinod Kumar JaIn and Sons Huf Vs. M/S Sarika Enterprises and ors
Court: Delhi
Decided on: Jan-16-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment: 16.01.2012 + CM(M) 615/2004 VINOD KUMAR JAIN and SONS HUF ..... Petitioner Through Mr. K. Sunil, Adv. versus M/S SARIKA ENTERPRISES and ORS. ..... Respondents Through Mr. P.D. Gupta, Adv. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. (Oral) 1 Order impugned before this Court is the order of the Additional Rent Control Tribunal (ARCT) dated 02.04.2003 which has reversed the finding of the Additional Rent Controller (ARC) dated 30.10.2002. Vide order dated 30.10.2002, the ARC had decreed the eviction petition filed by the landlord under Section 14 (1)(b) of the Delhi Rent Control Act (hereinafter referred to as the DRCA). The impugned judgment had reversed this finding; eviction petition of the landlord stood dismissed.2. Record shows that the present eviction petition has been filed by the landlord under Section 14 (1)(a) and (b) of the DRCA. Section 14 (1)(b) is relevant for the controversy in dispute before t...
Smt.Kamlesh Kumari Vs. Shri Mehtab Singh
Court: Delhi
Decided on: Jan-16-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 17.03.2011 Judgment delivered on: 16.01.2012 + FAO 291/1996 Smt.Kamlesh Kumari ......Appellant. Through: Mr.Sanjay Kumar Pathak, Advocate. Vs. Shri Mehtab Singh ......Respondent Through: Mrs.Mala Goel with Mr.Yashpal Singh, Advocates. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR KAILASH GAMBHIR, J..1. By this appeal filed under Section 28 of the Hindu Marriage Act, the appellant-wife seeks to challenge the impugned judgment and decree dated 18.07.1996 passed by the learned trial court whereby the divorce petition filed by the husband, respondent herein under Section 13 (1) (ia) and FAO 291/96 Page 1 of 34 (ib) of the Hindu Marriage Act was allowed by the court and the marriage between the parties was dissolved..2. A conspectus of facts based on which the respondent filed the divorce petition are that the respondent got married to the appellant according to Hindu rites and ceremonies on 30.06.1982 at Delhi. It is stated that a...
intuitive Tech Solutions Private Vs. Dlf Limited
Court: Delhi
Decided on: Jan-16-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI 3 + ARB.P. 318/2011 INTUITIVE TECH SOLUTIONS PRIVATE LTD. ..... Petitioner Through: Mr. Harpreet Singh and Mr. Rajesh Gupta, Advocates. versus DLF LIMITED ..... Respondent Through: Mr. H.L. Tiku, Senior Advocate with Ms. Mandeep Kaur and Ms. Yashmeet, Advocates. CORAM: JUSTICE S. MURALIDHAR ORDER % 16.01.2012.1. The Petitioner, M/s. Intuitive Tech Solutions Private Limited, in this petition under Section 11 of the Arbitration and Conciliation Act, 1996 ('Act') seeks the appointment of an Arbitrator to adjudicate the disputes with the Respondent, M/s. DLF Limited, arising out of an agreement dated 21st February 2011 between the parties..2. Under the said Agreement, the Petitioner was allotted on licence basis a commercial space being Unit No. 002 having a specific area of 167.03 square meters and super area of 238.62 square meters on the ground floor of a commercial complex to be constructed by the Respondent at Baba Kharag Singh Marg, Connaught...
inder SaIn Vs. Delhi Transport Corporation
Court: Delhi
Decided on: Jan-16-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 13.10.2011 Judgment delivered on: 16.01.2012 W.P.(C) 5186/2007 INDER SAIN ......Petitioner Through: Mr.A.K. Mishra, Adv. Vs. DELHI TRANSPORT CORPORATION ......Respondent Through: Mr. J.S. Bhasin, Adv. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR KAILASH GAMBHIR, J. *.1. By this petition filed under Article 226/227 of the Constitution of India, the petitioner seeks to challenge the order dated 8.12.2005 passed by the learned Labour Court in answering the reference against the petitioner whereby the Court refused to interfere with the punishment awarded by the respondent management directing removal of the petitioner workman from his service keeping in view the W.P.(C) No. 5186/2007 Page 1 of 11 gravity of the charges and the previous record of the petitioner..2. The brief facts relevant for deciding the present petition are that the petitioner was working as driver with the respondent DTC since 1979 with last drawn wages as Ru...
M/S. Fateh Chand Vs. Presiding Officer, Labour Court and
Court: Delhi
Decided on: Jan-16-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 13.09.2011 Judgment delivered on: 16.01.2012 + W.P.(C) No. 758/2007 M/s. Fateh Chand ......Petitioner Through: Mr. Abhinav Jain, Adv. Vs. Presiding Officer, Labour Court and Anr. ......Respondents Through: Mr. R. K. Maan, Adv. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR KAILASH GAMBHIR, J..1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks to challenge the award dated 30.8.2006, whereby the learned Labour Court has granted reinstatement of the respondent no.2 workman with 40% of his salary as back wages..2. Briefly stated, the facts of the case relevant for deciding the present petition are that the respondent no.2. workman was working with the petitioner management as a general worker with last drawn wages as Rs.2100/- per month. As per the workman, his services were illegally terminated by the petitioner w.e.f. 25.12.2001 without any order in writing. The workman served a WP(C) N...
Polar Industries Ltd Vs. Arihant Communications and
Court: Delhi
Decided on: Jan-16-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.662/2003 % 16th January, 2012 POLAR INDUSTRIES LTD. ..... Appellant Through: Ms. Meera Mathur, Adv. versus ARIHANT COMMUNICATIONS and MARKETING COMPANY ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL).1. This case is on the Regular Board of this Court since 2.1.2012, and today the matter is effective item no.11 on the Regular Board. No one appears for the respondent although it is 1.00 P.M. I have therefore heard counsel for the appellant and after perusing the record am proceeding to dispose of the appeal..2. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment of the Trial Court dated 13.3.2003 dismissing the suit of the appellant/plaintiff for recovery of `4,95,026/-, and which amount was claimed from RFA No.662/2003 Page 1 of 4 the respondent/defendant/dis...
16th January, 2012 Vs. M/S. Oriental Insurance Co. Ltd. and
Court: Delhi
Decided on: Jan-16-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.656/2003 % 16th January, 2012 M/S ROADLINES CORPORATION (P) LTD. ...... Appellant Through: Ms. Avni Singh with Mr. Ravi Prakash, Advs. VERSUS M/S. ORIENTAL INSURANCE CO. LTD. and ANR. ...... Respondents Through: CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL).1. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 30.4.2003 whereby the suit of the Insurance Company/subrogee/plaintiff has been decreed for Rs.3,02,214/- along with interest at 9% per annum against the appellant/transporter..2. Before going into the facts of the case, it is relevant to refer to the ratio of the judgment of the Supreme Court in the case of Nath Brothers Exim International Ltd. vs. Best Roadways Ltd. 2000 (4) SCC 553 which lays down that the liability of a transporter is the liability of an...
ishwar Vs. State
Court: Delhi
Decided on: Jan-16-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A.585/2009 % Judgment reserved on : 8th December, 2011 Judgment delivered on: 16th January, 2012 ISHWAR ..... Appellant Through: Mr.Anil Soni, Adv. versus STATE ..... Respondent Through: Ms. Rajdipa Behura, APP for State. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J..1. The instant appeal is being filed while assailing the judgment dated 08.07.2009 whereby, the appellant has been held guilty and convicted for the offence under Section 376 Indian Penal Code, 1860..2. Vide order on sentence dated 11.07.2009, he was sentenced to undergo RI for 10 years and to pay a fine of ` 7,000/-..3. The facts in brief of the case are that on 03.11.2008 on receipt of PCR Call, vide DD No. 19A, W/ASI Rakesh Kumari reached Surya Temple, Kabir Nagar, Street No.5, Shahdra, Delhi, where H.C. Karan Singh and Ct. Anil Kumar were already present. Smt. Sarita gave her statement to W/ASI Rakesh Kumari regarding commission of rape Crl.A.585/2009 Page 1 of 2...
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