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Delhi Court January 2012 Judgments

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Jan 10 2012

Trexim Corporation Vs. Fortis Securities Ltd

Court: Delhi

Decided on: Jan-10-2012

IN THE HIGH COURT OF DELHI AT NEW DELHI OMP. 46/2005 Reserved on: November 30, 2011 Decision on: January 10, 2012 TREXIM CORPORATION ..... Petitioner Through: Mr. C.M. Oberoi with Ms. Surekha Raman, Advocates. versus FORTIS SECURITIES LTD. ..... Respondent Through: Mr. Rohit Puri with Mr. Amandeep Bawa, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 10.01.2012.1. The challenge in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') is to an Award dated 28th October 2004 passed by the Arbitral Tribunal constituted under the Bye Laws, Rules and Regulations of the National Stock Exchange of India Ltd. ('NSEIL'). By the impugned Award the Arbitral Tribunal allowed the claims of the Respondent and directed that the Petitioner would pay to the Respondent a sum of Rs. 43,15,797.06 together with simple interest @ 12% per annum from 1st April 2000 till the date of the payment. The stand of the parties.2. The Petitioner Trexim Corporation ('Trexim') states that...


Jan 10 2012

Anant Raj Industries Ltd and ors Vs. State and anr

Court: Delhi

Decided on: Jan-10-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1574/2011 % Reserved on: 1st December, 2011 Decided on: 10th January, 2012 ANANT RAJ INDUSTRIES LTD and ORS ..... Petitioners Through: Mr. Sudhir Nandrajog, Sr. Adv. With Mr. Gajinder Kumar, Adv. versus STATE and ANR. ..... Respondents Through: Mr. Narender Mann, Spl. PP with Mr. Manoj Pant, Adv. for CBI. + CRL.M.C. 1564/2011 PANKAJ NAKRA ..... Petitioner Through: Mr. Ravi Gupta, Sr. Adv. With Mr. Gaurang Kanth, Adv. versus STATE and ANR. ..... Respondent Through: Mr. Narender Mann, Spl. PP with Mr. Manoj Pant, Adv. for CBI. + CRL.M.C. 1563/2011 MANOJ PAHWA ..... Petitioner Through: Mr. Ravi Gupta, Sr. Adv. With Mr. Gajinder Kumar, Adv. versus STATE and ANR. ..... Respondent Through: Mr. Narender Mann, Spl. PP with Mr. Manoj Pant, Adv. for CBI. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA.1. These petitions challenge a common order dated 9th March, 2011 directing framing of charge against the Petitioners in all the petitions for Crl.M.C.No...


Jan 10 2012

Sh. Dushyant Sharma Vs. Haryana Wrestling Association and

Court: Delhi

Decided on: Jan-10-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th January, 2012 + LPA No.18/2012 % SH. DUSHYANT SHARMA .....Appellant Through: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Navin Chawla and Mr. Bharat Arora, Advs. Versus HARYANA WRESTLING ASSOCIATION and ORS...... Respondents Through: Mr. Narender Hooda, Adv. for R-1. Mr. Pradeep Dewan, Sr. Adv. with Mr. Rajiv Samaiyar, Adv. for R-3. Mr. Devvrat, Adv. for R-4/UOI. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J. Caveat No.37/2012 The counsel for the caveator / respondent No.3 has appeared. The caveat stands discharged. LPA No.18/2012.1. The challenge in the appeal is to the order dated 04.01.2012 of the learned Single Judge allowing W.P.(C) No.4860/2011 filed by the respondents No.1 and 2 and declaring Article XIII (d) of the Constitution of the respondent No.3 LPA No.18/2012 Page 1 of 11 Wrestling Federation of India (WFI) to have stood deleted on 05.02.2011 and ...


Jan 10 2012

M/S. Mahatta and Co. and anr Vs. Munna Lal Shukla and anr

Court: Delhi

Decided on: Jan-10-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th January, 2012. + W.P.(C) 8365-66/2006 % M/S. MAHATTA and CO. and ANR. .......Petitioners Through: Mr.Vinay Sabharwal, Advocate. Versus MUNNA LAL SHUKLA and ANR. ..... Respondents Through: Mr. Arun Birbal, Adv., Amicus Curiae. CORAM :- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. The petition impugns the award dated 21 st April, 2005 of the Industrial Adjudicator on the following reference:- "Whether dismissal of services of Sh. Munna Lal Shukla by the management is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect?" and holding the petitioner employer to have failed to prove that any inquiry in accordance with law was held prior to the dismissal of the services of the respondent workman and also having failed to prove before the Industrial Adjudicator any grounds for dismissal of respondent workman W.P.(C) No.8365-66/2006 Page...


Jan 10 2012

Ex. Sep. Trilochan Vs. Union of India and ors

Court: Delhi

Decided on: Jan-10-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.173/2012 % Date of Decision: 10.01.2012 Ex. Sep. Trilochan .... Petitioner Through Mr. S. M. Dalal, Advocate Versus Union of India and Ors. .... Respondents Through Mr. Ankur Chhibber, Advocate CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MR. JUSTICE J.R.MIDHA ANIL KUMAR, J. *.1. Issue show cause notice to the respondents as to why rule nisi be not issued..2. Mr. Ankur Chhibber, Advocate, accepts notice on behalf of the respondents and states that no reply to the writ petition is to be filed without prejudice to the rights and contentions of the respondents regarding the merit of the case. However, the respondents do not dispute the law laid down by the Supreme Court and the High Court in the various cases holding that regarding the claim of pension/disability pension, the bar of limitation would not apply and if there is any delay in preferring the claim, the relief could be molded by denying the pension from the date it is due and...


Jan 10 2012

M/S. Discover Prints India Pvt. Vs. M/S. Ashu Chemicals

Court: Delhi

Decided on: Jan-10-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.756/2002 % 10th January, 2012 M/S. DISCOVER PRINTS INDIA PVT. LTD. .... Appellant Through Mr. N. Safaya, Advocate. versus M/S. ASHU CHEMICALS ..... 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. 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 of the trial court dated 27.8.2002 decreeing the suit of the respondent / plaintiff for `2,44,655/- along with pendente lite and future interest @ 16% p.a..2. The facts of the case are that the respondent / plaintiff filed a suit against the appellant for recovery of `4,95,000/- claiming that the said amount was due on the basis of a running account. The goods in this case RFA No.756/2002 Page 1 of 9 which were said to be supplied to the appellant / defendant were colours and chemicals. The respondent / plaintiff...


Jan 10 2012

Central Provident Fund Vs. Central Provident Fund

Court: Delhi

Decided on: Jan-10-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th January, 2012 + W.P.(C) 940/2006 % CENTRAL PROVIDENT FUND COMMISSIONER....Petitioner Through: Mr. Satpal Singh, Adv. Versus CENTRAL PROVIDENT FUND EMPLOYEES' UNION ..... Respondents Through: Mr. V.P. Uppal, Adv. CORAM :- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. The petition impugns the award dated 13th October, 2004 of the Industrial Adjudicator on the following reference:- "Whether the action of the management of Central Provident Fund Commissioner, New Delhi in refusing.1. ...................2. ....................3. ....................4. to pay wages to their Assistants/Stenographers/Hindi Translators/Superintendents in the same scale of pay as the officials with the same designation are paid in the Central Secretariat, is just and legal? If not, to what relief are the concerned workmen entitled." W.P.(C) No.940/2006 Page 1 of 11 and holding the action of the petitioner employer to be ...


Jan 10 2012

S.K. Ahuja Vs. Govt. of Nct of Delhi

Court: Central Administrative Tribunal CAT Delhi

Decided on: Jan-10-2012

Dr. Ramesh Chandra Panda, Member (A) 1. Shri Satish Kumar Ahuja, Assistant Commissioner of Police (DANIPS), the applicant herein is aggrieved by the issue of charge sheet dated 30.09.2009. While he was working as ACP/Headquarter, Police Training College (PTC), Jharoda Kalan, New Delhi during the period from 9.7.2004 to 2.6.2006, he is alleged to have committed misconducts in the procurement of curtains and curtain rods worth Rs.1730560/- and Rs.273780/- respectively totaling Rs.20 lacs (approx.) which was beyond his competence. He incurred the said expenditure without obtaining the approval and sanction of the Competent Authority. On the basis of the said alleged misconduct, the Charge Memo was issued to him. Six Articles of charges framed against him read as follows:- “STATEMENT OF ARTICLE OF CHARGES FRAMED AGAINST SHRI SATISH KUMAR AHUJA, ACP/DELHI POLICE Article-I That the said Shri Satish Kumar Ahuja, ACP (DANIPS) while functioning as ACP/HQ Police Training College (PTC), Jha...


Jan 10 2012

Dharma Bir Singh Vs. the Municipal Corporation of Delhi, Town Hall, Ch ...

Court: Central Administrative Tribunal CAT Delhi

Decided on: Jan-10-2012

Dr. Veena Chhotray: 1. The Applicant, a Sanitary Inspector under the MCD, has challenged through this OA the penalty of reduction to the lower post of Assistant Sanitary Inspector for a period of five years with the stipulation that though during the period of penalty increments of the lower post will be earned; however, on completion of the punishment period, on promotion the increments for the intervening periods shall not be restored. The penalty has been imposed on the charge that while working as a Sanitary Inspector of a particular zone during the year 2000, he had flouted the orders of the competent authority in respect of engagement of 38 daily wager Safai Karamcharies on the basis of seniority, and had obtained sanction for engagement of fresh Safai Karamcharies (out of the approved list) and also for their continuation on the sites. On these grounds contravention of rule 3 (1)(i)(ii)(iii) of the CCS (Conduct) Rules, 1964 as made applicable to the employees of MCD had been all...


Jan 10 2012

Ranjeet Singh, Conductor Vs. the Chairman, Delhi Transport Corporation ...

Court: Central Administrative Tribunal CAT Delhi

Decided on: Jan-10-2012

A.K. Bhardwaj, Member (J) 1. Assured Career Progression (ACP) Scheme introduced in the year 1999 was adopted by DTC w.e.f. 12.08.2002. Applicant who joined DTC as Conductor in the year 1984 has filed present Original Application seeking issuance of direction to respondents to grant him benefit of first financial upgradation in terms of ACP Scheme from the adoption of said Scheme by DTC and to further upgrade his pay from the date of completion of 20 years service by him, i.e. 2nd financial upgradation. In the OA filed by him applicant has raised following grounds: In not giving him the first financial upgradation from the date of adoption of ACP Scheme by DTC and second financial upgradation from the date of completion of 20 years service by him, respondents violated ACP Scheme. Respondents cannot deny him the benefit of ACP Scheme. Applicant has completed nearly 27 years of service. 2. In the counter reply filed by respondents it is explained that the applicant remained under suspensi...


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