Delhi Court November 2012 Judgments
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Naveen Kaushik Vs. State and ors.
Court: Delhi
Decided on: Nov-19-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL.M.C. 3932/2011 & Crl. M.A. 18541/2011 Date of Decision:19. h November, 2012 + # ! NAVEEN KAUSHIK ....Petitioner Through: Mr. Ankur Chibber, Advocate. Versus $ ! * STATE & ORS. Respondents Through: Mr. M.N. Dudeja, APP for the State Mr. Gaurav Gupta, Advocate for R-2 and R-3 alongwith R-2 and R-3 and CORAM: HON'BLE MR. JUSTICE P.K.BHASIN JUDGMENT This petition has been filed by the petitioner-accused for quashing of the FIR No. 93/2000 under Sections 279/304-A of the Indian Penal Code (IPC for short) registered on the complaint of respondent no. 2 at Delhi Cantt. Police Station and the criminal proceedings emanating therefrom pending in Court also.2. The accident, which proved to be fatal for the husband of respondent no. 2, which led to registration of the FIR against the petitioner occurred on 4th March, 2000. The FIR was registered on the complaint of respondent no. 2 who though was not an eye-witness of the accident but was told by the...
Rasil Chand Vs. the Union of India and ors
Court: Delhi
Decided on: Nov-19-2012
12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1292/2012 Date of decision:19. h November, 2012 % RASIL CHAND Through ..... Petitioner Mr. H.S. Kathuria, Adv. versus THE UNION OF INDIA AND ORS ..... Respondents Through Ms. Barkha Babbar, Adv. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.(Oral) 1. The petitioner had served with Indian Army w.e.f. 13th September, 1969 to 1st October, 1993, rendering 24 years and 7 days service from the discharge book issued to him by the respondents. It is undisputed that the petitioner has been receiving his pensionary benefits which included service, gratuity, etc. from the Army and has been regularly drawing his monthly pension from the Army.2. The petitioner was re-employed with CISF on 5th August, 1996. During this re-employment, after having rendered 11 years 5 months and 27 days of service, the petitioner submitted an application dated 10th October, 2007 seeking voluntary retirement from service in th...
V.S.S. Goudar Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-19-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : October 31, 2012 Judgment Pronounced on : November 19, 2012 + W.P. (C) No.5182/2012 DARSHAN LAL CHOWDHARY Petitioner Represented by: Ms.Jyoti Singh, Senior Advocate instructed by Mr.Sanjeev Chaswal, Ms.Saahila Lamba, and Mr.Amandeep Joshi, Advocates. Versus UNION OF INDIA & ORS. ..... Respondents Represented by: Ms.Anjana Gosain, Advocate. W.P. (C) No.5303/2012 V.S.S. GOUDAR Petitioner Represented by: Ms.Jyoti Singh, Senior Advocate instructed by Mr.Sanjeev Chaswal, Ms.Saahila Lamba, and Mr.Amandeep Joshi, Advocates. Versus UNION OF INDIA & ORS. ..... Respondents Represented by: Ms.Anjana Gosain, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.1. The facts leading to the filing of the above captioned petitions are that in the year 1974 the petitioners of the two writ petitions were commissioned in the Indian Army in the rank of Second Lieutenant and got prom...
New India Assurance Co. Ltd. Vs. Baby Priyangana Goel and ors.
Court: Delhi
Decided on: Nov-19-2012
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:19. h November, 2012 + MAC. APP. 557/2011 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through Ms. Shivali Bansal, Advocate versus BABY PRIYANGANA GOEL & ORS. ..... Respondents Through Mr. N.K. Jha, Advocate for the Respondent No.1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in MAC.APP.548/2011 titled NEW INDIA ASSURANCE CO. LTD. v. BHARTI GOEL & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE NOVEMBER 19 2012 pst...
icici Lombard General Insurance Company Ltd. Vs. Sh. Laxman and ors.
Court: Delhi
Decided on: Nov-19-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h November, 2012 + MAC.APP. 268/2012 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. ...... Appellant Through: Ms. Suman Bagga, Adv. versus SH. LAXMAN & ORS. Through: ..... Respondents Nemo. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `1,82,500/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Lala Ram, who died in a motor vehicle accident which occurred on 25.02.2007.2. The finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company. Thus, the same has attained finality.3. During inquiry before the Claims Tribunal it was claimed that the deceased used to earn `5,000/- per month from the work of ironing clothes.4. In the absence of any cogent evidence with regard to the deceaseds income, the Claims Tribunal took the minimum wages of an unskilled worker, added 50% towards...
Jagga Singh Vs. the Union of India and ors
Court: Delhi
Decided on: Nov-19-2012
10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1290/2012 Date of decision:19. h November, 2012 % JAGGA SINGH Through ..... Petitioner Mr. H.S. Kathuria, Adv. versus THE UNION OF INDIA AND ORS ..... Respondents Through Ms. Barkha Babbar, Adv. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.(Oral) 1. The present writ petition has been filed by the petitioner aggrieved by the actions of the respondent taken under Rule 56(j) of Fundamental Rules by the respondents in not continuing with the services of the petitioner.2. The facts giving rise to the present petition are largely undisputed. The date of brith of the petitioner is 15th April, 1960 and he was enrolled with the CISF as a Security Guard on 30th September, 1980. With effect from 18th August, 1988, the petitioner was appointed as Head Constable/Driver and further promoted to the rank of ASI/Exe on 25th April, 2007.3. During his service, the petitioner was awarded the following major and ...
M/S. Jagat Machinery Manufacturers P.Ltd. Vs. Commissioner of Central ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
Decided on: Nov-19-2012
Archana Wadhwa ( for the Bench): After hearing both sides, we find that the appellant is engaged in the manufacture of sugar mill machinery, heavy gears and steel casting, diesel engine and parts thereof falling under Chapter 84 of the Central Excise Tariff Act, 1985. They are also undertaking the job work / processing of old and worn out sugar mill rollers supplied to them by various sugar mills. The process involved on the said old and worn out rollers is deshelling i.e. braking of old shells, reshellinig i.e. mounting of C I shell on the old steel shafts by shrink fitting and subjecting the same to some further processing like machining and growing etc. Inasmuch as the activities of reconditioning of old and worn out rollers does not amount to manufacture, the appellant was not paying any Central Excise duty on the same. 2. Revenue by entertaining a view that such activity amounted to providing services falling under the category of maintenance and repair, initiated proceedings agai...
Ashok Kumar Pal Vs. Govt. of Nct of Delhi and Others
Court: Central Administrative Tribunal CAT Principal Bench New Delhi
Decided on: Nov-19-2012
Oral: (G. George Paracken:) The applicant is an aspirant for the post of Driver in the respondent-Delhi Transport Corporation (`DTC for short). He had applied for the aforesaid post to the Respondent No. 2, namely, the Delhi Subordinate Service Selection Board (`DSSSB for short) pursuant to their advertisement in the Newspapers/Employment News in December, 2009. After he qualified in the selection process held by the DSSSB including written examination and skill test, etc. he has been included in the list of selected candidates and forwarded his case to the DTC for issuing him the offer of appointment. However, he was not given the appointment. On inquiry, he found that the respondent-DTC rejected his case on the ground that he was not having the requisite qualification of 10th standard pass from a recognized institution. The DTC pointed out that he had produced a certificate showing that he has passed the matriculation standard examination conducted by the Board of Adult Education and...
Daya Kishan Goel Vs. Ramesh Chander Goel and ors.
Court: Delhi
Decided on: Nov-16-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: November 16, 2012 + RFA(OS) 108/2012 DAYA KISHAN GOEL ..... Appellant Represented by: Mr.Pradeep K.Bakshi, Mr.Rajat Navet and Ms.Prachi V.Sharma, Advocates. versus RAMESH CHANDER GOEL & ORS. . Respondents Represented by: Mr.P.D.Gupta and Mr.Kamal Gupta, Advocates. CORAM: HONBLE MR. JUSTICE PRADEEP NANDRAJOG HONBLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) Caveat No.1158/2012 Since counsel as above appear for the respondents caveat stands discharged. CMs No.19158/2012 and 19159/2012 Allowed, subject to all just exceptions. RFA(OS) No.108/2012 1. Heard learned counsel for the parties.2. Impugned decree is based on an admission. IA No.10941/2011 under Order XII Rule 6 of the Code of Civil Procedure has been allowed.3. Appellant does not dispute that he is a partner of the firm carrying on business under the name and style M/s.Vipin Enterprises which had availed a credit in sum of `175 lakhs from Punjab & Sind Bank ...
Jawahar Lal Nehru University Vs. Flora Gupta
Court: Delhi
Decided on: Nov-16-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:16. 11.2012 + LPA 570/2012 & CM No. 14010/2012 JAWAHAR LAL NEHRU UNIVERSITY Through : Mr. Vikram Nandrajog with Mr. Gagan Minocha, Advocates. ..... Appellant versus FLORA GUPTA ..... Respondent Through : Mr. Jatan Singh, Amicus Curiae. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. In this appeal, the Appellant University assails the impugned judgment dated 6.7.2012 passed by learned Single Judge in W.P. (C) 5725 of 2008 whereby he has set aside Inquiry Committee report dated 7.3.2008 as well as the Office Order no. 08/CP/2008 dated 5.8.2008. The Appellant University was furthermore directed to pay costs amounting to Rs. 30,000/- and admit the respondent to Ph.D course in the ensuing session.2. The brief facts are that the respondent (hereafter the writ petitioner), appeared for the Ph.D entrance examination for the session of 2007-08, in the Appellant University (her...
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