Delhi Court January 2012 Judgments
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Jk Industries Ltd Vs. Ds Stratagem Trade A.G
Court: Delhi
Decided on: Jan-09-2012
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 09.01.2012 + FAO(OS) 11/2012 JK INDUSTRIES LTD ..... Appellant Vs DS STRATAGEM TRADE A.G. ..... Respondent Advocates who appeared in this case: For the Appellant: Mr Rajiv Nayar, Sr. Adv. with Mr Ramesh Singh, Mr A.T. Patra, Ms Aradhana Patra and Mr Y.N. Bhardwaj, Advs. For the Respondent: Mr Abhinav Vashist, Sr. Adv. with Mr P.K. Jain, Mr Rajesh Roshan, Mr Rajeev Kumar and Mrs Alka Kumar, Advs. CORAM :- HON'BLE MR JUSTICE SANJAY KISHAN KAUL HON'BLE MR JUSTICE RAJIV SHAKDHER SANJAY KISHAN KAUL, J (ORAL) Caveat No. 29/2012 Learned counsel for the caveator has entered appearance. Caveat stands discharged. CM No. 378-380/2012 Allowed subject to just exceptions. Applications stand disposed of. FAO(OS) No. 11/2012 and CM No. 377/2012 (Stay) The present dispute between the parties is two-decade old arising from an agreement dated 16.01.1991 in terms whereof 5,00,000/- Metric Tons (MT) urea FAO(OS) 11/2012 Page 1 of 10 fo...
Mewa Singh Dhaliwal Vs. Union of India and ors
Court: Delhi
Decided on: Jan-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.133/2012 % Date of Decision: 09.01.2012 Mewa Singh Dhaliwal .... Petitioner Through Mr.K.K.Sharma, Advocate Versus Union of India and Ors. .... Respondents Through Mr.Ravinder Aggarwal, Advocate CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MR. JUSTICE J.R.MIDHA ANIL KUMAR, J. *.1. The petitioner has impugned the order dated 21st October, 2011 whereby the petitioners request to give him one more chance to qualify the FPETs was declined..2. In the impugned order dated 21st October, 2011, it is stipulated that the petitioner had joined BSF on 31st December, 2001 as Constable (GD). Later on, he qualified for SI(DE) competitive examination and joined SI(DE) batch No.51 at STC BSF, Yelahanka, Bangalore on 27th January, 2010 after tendering technical resignation from 128 Bn BSF. WP(C) No.133/2012 Page 1 of 7.3. It was further held that during the basic training, the petitioner could not qualify any of the FPET tests. During the final test ...
Col. Kalyan Singh (Retired) Vs. M/S Wimpy International
Court: Delhi
Decided on: Jan-09-2012
*IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1432/2004 Judgment reserved on 1st November, 2011 Judgment decided on 9th January, 2012 COL. KALYAN SINGH (RETIRED) ..... Plaintiff Through: Mr. M.M. Kalra and Mr. Kunal Kalra, Advs. versus M/S WIMPY INTERNATIONAL LTD. ORS. ..... Defendants Through: Mr. Maninder Singh, Sr. Adv. with Mr. Sandeep Mittal, Ms. Deepali Sharma, Mr. Akhil Sachar and Mr. Manav Gupta, Advs. Mr. Subhash Oberoi, Adv. for Defendants. Applicant in I.A. No. 3457/2008 Coram: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J. I.A. No. 8456/2004 (u/O 39 R 1 and 2 r/w Sec.151. CPC), I.A. No. 1121/2005 (u/O 39 R 4 r/w Sec.151. CPC by Defendant nos.1. and 2) and I.A. No. 2963/2005 (u/O 39 R 4 r/w Sec.151. CPC by Defendant no. 5).1. Plaintiff (since deceased and now being represented through his Legal Representatives) has filed this suit for declaration and injunction praying therein that the agreement dated 1st December, 1988 executed between the plaintiff, Captain H.S. Bajaj...
# N.D.M.C Vs. $ Jai Ram
Court: Delhi
Decided on: Jan-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) NO. 8321 OF 2007 Date of Decision: 9th January, 2012 # N.D.M.C. ..... Petitioner Through: Mr. P.C. Sen, Advocate Versus $ JAI RAM ..... Respondent ^ Through: Mrs. Inderjeet Saroop, Advocate CORAM: * HON'BLE MR. JUSTICE P.K.BHASIN JUDGMENT P.K.BHASIN, J: This writ petition was filed by the petitioner-management against the award dated 19.12.2005 passed by the Labour Court whereby the petitioner-management had been directed to appoint the respondent-workman (hereinafter to be referred as 'the workman') as LMV Driver-cum- Fitter on regular basis with continuity of service and 50% back wages after relaxing the educational qualification prescribed for this post..2. This award was passed by the Labour Court while deciding the Reference received by it from the appropriate Government in respect of the industrial dispute raised by the workman regarding the W.P.(C) 8321/2007 Page 1 of 7 termination of his services by the petitioner-management. ...
Dinesh Bastimal JaIn (Sole Vs. Nirmal Singh and anr
Court: Delhi
Decided on: Jan-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 9th January, 2012 + CONT.CAS.(CRL.) 3/2011 DINESH BASTIMAL JAIN (SOLE PROPRIETORSHIP FIRM) ..... Petitioner Through: Mr.N.K.Kantawala and Mr.Praver Sharma, Advocates. versus NIRMAL SINGH and ANR ....Respondents Through: Mr.S.K.Bansal, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J..1. Petitioner beseeches this Court to punish the respondents for having committed criminal contempt by misusing the process of the law. The relevant facts to be noted are that the respondents filed a suit on the Original Side of this Court which was registered as CS(OS) No.672/2004 praying therein that the defendant M/s.Pioneer Products, the sole proprietary firm of the petitioner be restrained from selling goods under the trademark 'VOV' or any other mark deceptively similar thereto. As per the averments made in the plaint, the respondents claimed proprietary interest in the trademar...
M/S. the Kerala Agro Industries Vs. M/S. Beta Engineers
Court: Delhi
Decided on: Jan-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No. 418/2003 % Judgment reserved on : 22nd December, 2011 Date of Pronouncement : 9th January, 2012 M/S. THE KERALA AGRO INDUSTRIES CORPORATION LTD. and ANR. ..... APPELLANTS Through: Mr. C.N. Sreekumar, Advocate with Ms. Resmitha R. Chauhan, Advocate. versus M/S. BETA ENGINEERS ..... RESPONDENT Through: Mr. B.S. Arora, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J. MEHTA, J..1. This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated 30.1.2003 decreeing the suit of the respondent/plaintiff for recovery of ` 4,99,500/- with pendente lite and future interest @ 24% per annum..2. The facts of the case are that the respondent/plaintiff filed the subject suit for recovery of monies against the appellants/defendants for having supplied a total of 417 numbers of Golden Rocker Sprayers and 100 numbers of knap...
Dr.A.D.Kumar and ors Vs. Gian Chand Kumar and ors
Court: Delhi
Decided on: Jan-09-2012
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved On: January 03, 2012 Judgment Delivered On: January 09, 2012 + RFA(OS) 19/1997 DR.A.D.KUMAR and ORS. ..... Appellants Through: Mr.M.Dutta, Advocate. versus GIAN CHAND KUMAR and ORS. .....Respondents Through: Mr.I.C.Kumar, Advocate for self (R-2), R-1 and R-3 to R-7. Mr.Vinay Bhasin, Senior Advocate with Mr.H.L.Raina, Advocate for R-8, R-9, R-10 and R-12. Mr.Arvind Sharma, Advocate for R-11. None for R-13. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J..1. Late Ganesh Dass was blessed with six sons named Harivansh Lal Kumar, Fateh Chand Kumar, B.D.Kumar, M.L.Kumar, Kumar Lall and P.D.Kumar..2. On 10.11.1961 three sons namely B.D.Kumar, Harivansh Lal Kumar and Fateh Chand Kumar, and one son of Harivansh Lal Kumar named Ashok Kumar and Shobha Kumari the wife of Ashok Kumar constituted a partnership to carry on business under the name and style M/s.Ashok Anil and Co. RFA(OS...
Ex.Sep.Sri Chand Vs. Union of India and ors
Court: Delhi
Decided on: Jan-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.148/2012 % Date of Decision: 09.01.2012 Ex.Sep.Sri Chand .... Petitioner Through Col. (Retd.) S.R.Kalkal, Advocate Versus Union of India and Ors. .... Respondents Through Mr.Himanshu Bajaj, 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. Himanshu Bajaj, 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 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, bar of limitation would not apply and if there is a delay in WP(C) No.148/2012 Page 1 of 11 preferring the claim, relief can be molded by denying the pension from th...
Mrs. Anjala Bhandari Vs. Govt. of National Capital Territory of Delhi ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Jan-09-2012
George Paracken: 1. The applicant has filed this OA seeking the following reliefs: “(a) To quash and set aside the impugned order of penalty dated 04.10.2001, the same being illegal and dehors the rules. (b) To quash and set aside the order No.10(29)/HandFW/Court Case/2010/2172-77, dated 7th May 2010 and to direct the respondents to release all the consequential benefits to the applicant. (c) To direct the respondents to release the increments admissible to applicant in accordance with FR 26 i.e. her pay as on 01.10.2005 should be fixed at 3800/- and not at 3125/-. (d) To direct the respondents to count the service of the applicant w.e.f. 15.11.1989 i.e. the date of her initial appointment for all purposes i.e. seniority/promotion/retrial benefits. (e) To allow the original application with cost of the litigation. (f) To pass such other and further order, which this Hon’ble Court deem fit and proper in existing circumstances of the case.” 2. The order dated 4.10.2001 ...
Hari Singh Verma (Retd) Vs. Union of India: Through Secretary to Govt. ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Jan-09-2012
Oral: M.L. Chauhan, Member (J): 1. Applicant has filed this OA, thereby praying for the following reliefs: “(a) That 50% of continuous service rendered by applicant as Monthly Rated Casual Labour (M.R.C.L.)/Substitute under Jhansi Dn. From 1970-71 upto December, 1997, may be counted with his regular Group ‘D’ service from 16.01.1978 to 31.01.2008, for purpose of benefits of Pension and Gratuity, under provisions if rules. (b) That arrears of Pension and Gratuity accruing therewith on account of additions in the service length, may kindly be ordered to be paid and his superannuation pension also directed to be revised on that basis. (c) Allow any other and further relief, which this Hon’ble Tribunal, may deem fit and proper in the circumstances of this case in order to safe-guard the interests of justice; and Allow costs of this Application.” 2. As can be seen from the relief clause, grievance of the applicant is that 50% of continuous service rendered by h...
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