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Delhi Court January 2012 Judgments

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Jan 27 2012

Sandeep and Others Vs. Commissioner of Police Phq, Mso Building, Ip Es ...

Court: Central Administrative Tribunal CAT Delhi

Decided on: Jan-27-2012

Dr. Veena Chhotray: 1. These batch Original Applications have pertained to closely related facts and identical issues of law; hence they are being disposed by this common order. The applicants in these OAs, provisionally selected candidates for the posts of Constable (Executive) in Delhi Police, are aggrieved at the delay in their appointment. Though found initially ‘unfit’ in medical examination, they have subsequently been found ‘fit’. However, the respondents have still certain reservations about the medical fitness of these candidates, considering the nature of duties involved. Hence, they have referred/are referring the matter to the Principal Health Secretary, GNCTD for further re-examination. Through these OAs, the applicants are seeking directions of this Tribunal for accepting the recommendations of medical fitness by the subsequent medical board already having taken place and consider their appointment as Constables. Besides, all consequential benefits...


Jan 27 2012

Satish Kumar Vs. the Secretary, Ministry of Health and Welfare, New De ...

Court: Central Administrative Tribunal CAT Delhi

Decided on: Jan-27-2012

G. George Paracken: 1. This is the second round of litigation by the applicant. Earlier he had approached this Tribunal vide OA 619/2010 seeking a direction to the respondents to count his ad hoc service for purposes of ACP Scheme and pensionary benefits. This Tribunal vide Annexure A-7 order dated 09.07.2010 disposed of the said OA observing that the applicant had not made any prayer to count his ad hoc service as regular service for all purposes. However, he was given liberty to raise his grievance afresh. Accordingly, the applicant has filed this O.A. seeking the following reliefs: “(i) to quash the order dated 07.11.2009 wherein the applicant’s request has been rejected vide a bald and cryptic order. (ii) respondents may be directed to count the applicant’s service rendered on ad hoc basis as regular service for the purpose of ACP Scheme and pensionary benefits. (iii) grant the appointment of the applicant from the date of his ad hoc appointment as the same has be...


Jan 27 2012

S.P. Goswami Vs. Kendriya Vidyalaya Sangathan Through the Commissioner ...

Court: Central Administrative Tribunal CAT Delhi

Decided on: Jan-27-2012

Dr. Veena Chhotray: 1. The applicant, an ex-PGT (Chemistry) under the KVS, has challenged confirmation of the provisional loss of lien on the post held by him and deemed removal from service with effect from the date of his remaining absent from duty i.e. 27.6.2005. By way of main relief, the OA seeks quashing and setting aside the impugned order dated 15.9.2006 passed by the Disciplinary Authority (Annex A/1) along with the order of the Appellate Authority dated 21.4.2008 upholding the DA’s order (Annex. A/2). Besides, directions for reinstatement in service with all consequential benefits including arrears of pay have been sought. 2. The learned counsels, Shri M.K. Bhardwaj and Shri S. Rajappa would appear respectively for the applicant and the Respondents. 3. The brief factual matrix of the case relevant for purposes of adjudication of the present OA is summed up below. 3.1 Initially appointed as a Primary Teacher, the applicant was subsequently appointed by way of direct recr...


Jan 25 2012

The Oriental Insurance Co Ltd Vs. Mercury Rubber Mills

Court: Delhi

Decided on: Jan-25-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision : 25 .01.2012.1. FAO (OS) 34/2012 THE ORIENTAL INSURANCE CO LTD ... Appellant Through : Mr. Darpan Wadhwa and Ms. Manjusha Wadhwa, Advocate. versus MERCURY RUBBER MILLS ... Respondent Through : Mr. S.K. Singal, Partner of the Respondent. AND.2. FAO (OS) 26/2012 MERCURY RUBBER MILLS ... Appellant Through : Mr. S.K. Singal, Partner of the Appellant. versus THE ORIENTAL INSURANCE CO LTD ... Respondent Through : Mr. Darpan Wadhwa and Ms. Manjusha Wadhwa, Advocate. CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE RAJIV SHAKDHER SANJAY KISHAN KAUL, J. (Oral).1. The travails of an individual litigant are writ large in this case where the very purpose of the insured (i.e., M/s. Mercury Rubber _____________________________________________________________________________________________________ FAO (OS) Nos.34. and 26 of 2012 Page 1 of 19 Mills, a partnership firm) to take out insurance policies from the insurer(s) (i....


Jan 25 2012

Jagtar Singh @ Jagga @ Ganja Vs. State of Delhi

Court: Delhi

Decided on: Jan-25-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 10.01.2012 Pronounced on : 25.01.2012 + CRL.A.134/2009 JAGTAR SINGH @ JAGGA @ GANJA ...................Appellant Through: Sh. K.B.Andley, Sr. Advocate with Sh. M.L. Yadav, Advocate. Versus STATE OF DELHI ....................Respondent Through: Sh. Sanjay Lao, APP. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P.GARG MR. JUSTICE S. RAVINDRA BHAT %.1. The Appellant impugns a judgment and order of the learned Additional Sessions Judge, dated 14-08-2003, in SC 60/2007, whereby he was convicted for the offence punishable under Section 302, IPC, and sentenced to undergo life imprisonment..2. The prosecution alleges that on 13-04-2003, in the evening, at 09:00 PM, when Harsh Dua, and his brothers, Praveen and Sonu Dua, had gone to attend the engagement ceremony of their friend at Sanjay Park, Govind Pura, and were talking amongst themselves, the Appellant reached there, and Crl.A. 134/2009 Page 1 picked up a quarrel wi...


Jan 25 2012

Ashish Gupta Vs. State and anr

Court: Delhi

Decided on: Jan-25-2012

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.No.288/2012 % Judgment delivered on:25th January, 2012 ASHISH GUPTA ..... Petitioner Through : Mr.Sanjay Kumar,Adv. versus STATE and ANR ..... Respondents Through : Mr.Navin Sharma, APP for State with SI Yogesh Kumar, police station Lahori Gate, Delhi in person. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral).1. Notice issued..2. Mr.Navin Sharma, learned APP accepts notice on behalf of respondent No.1/State..3. Respondent No.2 Smt.Meghna Aggarwal present in the Court; who accepts notice..4. With the consent of learned counsel for parties and respondent No.2, instant petition is taken up for disposal..5. Vide instant petition, petitioner has sought quashing of the FIR Crl.M.C.No.288/2012 Page 1 of 6 No.141/2010 registered under Section 376/420/506 Indian Penal Code, 1860 at police station Lahori Gate, Delhi on the complaint of respondent No.2, against the petitioner, to meet the ends of jus...


Jan 25 2012

Shriram Pistons and Rings Ltd. and anr Vs. Shri T.S.Mokha

Court: Delhi

Decided on: Jan-25-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % RESERVED ON: JANUARY 17 , 2012 PRONOUNCED ON: JANUARY 25 , 2012 + RFA(OS) No.3/1999 Shriram Pistons and Rings Ltd. and Anr. ........Appellants Through: Mr.T.K.Ganju, Sr.Advocate with Mr.Sayeed Aqib and Mr. Aditya Ganju, Advs. versus Shri T.S.Mokha ...........Respondent Through: Mr.Rajinder Dhawan with Mr.D.D.Singh and Mr.B.S.Rana, Advs. with respondent in person. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J. %.1. The appellant-company M/s. Shriram Pistons and Rings Ltd. impugned the judgment and decree dated 27 th May, 1998, passed by the learned Single Judge, in a suit filed by the respondent herein, (plaintiff in the suit), who was their ex-employee in managerial capacity, seeking declaration that his termination was unconstitutional, illegal and mala fide and without authority. In addition, respondent also sought the relief of damages for `4 lacs and/or reinstatement with full back wages a...


Jan 25 2012

Apparel Export Promotion Coucil Vs. All India Garment Exporters

Court: Delhi

Decided on: Jan-25-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25th January, 2012 + LPA No. 356/2011 % APPAREL EXPORT PROMOTION COUCIL ....Appellant Through: Mr. Krishan Venugopal, Sr. Adv. with Mr. Gaurav Ray, Adv. Versus ALL INDIA GARMENT EXPORTERS COMMON CAUSE GUILD and ORS. ..... Respondents Through: Mr. Suhail Dutt, Sr. Adv. with Mr. Sankalp Goswami, Adv. for R-1 and 2. Mr. Saquib, Adv. for R-4. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. This intra-Court appeal impugns the judgment dated 18th January, 2011 allowing W.P.(C) No. 5093/1998 preferred by the respondents no.1 to 3 herein and quashing the "Regulations of Membership" of the appellant to the extent the same were held to be inconsistent with the Exim Policy; the appellant has also been restrained from making any amendments to its Articles of Association creating a classification of exporters into "Member Exporters" and "Registered Exporters". Notice of th...


Jan 25 2012

Dr. Meena Chaudhary Vs. Basant Kumar Chaudhary and ors

Court: Delhi

Decided on: Jan-25-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25th January, 2012 + CRL.M.C. 3845/2010 % DR. MEENA CHAUDHARY @ DR. MEENA P.N. SINGH ..... Petitioner Through: None. Versus BASANT KUMAR CHAUDHARY and ORS. ..... Respondents Through: Mr. Atul Jha, Adv. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. This petition has been preferred under Article 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code (Cr.P.C.) impugning the order dated 26.08.2010 of the learned Metropolitan Magistrate dismissing the complaint under Section 200 of the Cr.P.C. filed by the petitioner of offence under Section 120-B read with Section 494 and Section 498A of the Indian Penal Code (IPC). This petition was listed before the learned Single Judge on 10.12.2010 when the CRL.M.C. 3845/2010 Page 1 of 8 petitioner appearing in person sought adjournment. The petitioner had also filed LPA No.64/2009 and contempt...


Jan 25 2012

Raja Ram Vassudeo Parab Vs. Secretary General, Family

Court: Delhi

Decided on: Jan-25-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25th January, 2012 + W.P.(C) 4752/1995 % RAJA RAM VASSUDEO PARAB ..... Petitioner Through: Mr. K. Venkatarama, Adv. along with petitioner. Versus SECRETARY GENERAL, FAMILY PLANNING ASSOCIATION OF INDIA and ORS. ..... Respondents Through: Mr. Arun Birbal, Advocate. CORAM :- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. The petition impugns the order dated 20th July, 1995 of the respondent Family Planning Association of India (FPAI) discharging the petitioner from service as well as the order dated 22nd / 31st August, 1995 of the FPAI dismissing the departmental appeal preferred by the petitioner. The petition also seeks direction for reinstatement of the petitioner into service with back wages and promotion. W.P.(C) 4752/1995 Page 1 of 14.2. The petition came up first before this Court on 13 th December, 1995 when the counsel for the petitioner was asked to satisfy as to how a writ petition against F...


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