Delhi Court November 2012 Judgments
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Group CaptaIn (Retd) Raj Singh Kataria Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-30-2012
* THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:15. 10.2012 Judgment Delivered on:30. 11.2012 % + WP(C) 6025/2012 & CM No. 16299/2012 GROUP CAPTAIN (RETD) RAJ SINGH KATARIA ...... Petitioners Vs UNION OF INDIA & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioners: Mr Vinod Kumar & Mr Suresh C. Sati, Advocates. For the Respondents: Mr Anil Gautam, Advocate for Respondent Nos. 1 and 2. Mr Rajat Navet, Advocate for Respondent No.3. CORAM :HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J 1.The petitioner before me is the proprietor of a concern by the name of AVR Security and Placement Services. The petitioner is in the business of providing security services. Being an ex-serviceman, having retired from the Indian Air Force, in June, 2007 in the rank of group captain, the petitioner sought empanelment with respondent no. 2., i.e., the Directorate General of Resettlement (in short DGR). The petitioner obtained empanelment with the DGR, i.e., respon...
Jaswant Singh Yadav Vs. Government of Nct of Delhi and Others
Court: Central Administrative Tribunal CAT Principal Bench New Delhi
Decided on: Nov-30-2012
(in Circulation) Sudhir Kumar, Member (A): This Review Application No.325/2012 has been filed with MA No.3334/2012, praying for condonation of delay in filing the said Review Application. In view of the circumstances explained in the MA No.3334/2012, explaining the aspect of delay, it appears that the delay in filing the Review Application is not deliberate, and hence the MA No.3334/2012 for condonation of delay in filing the Review Application is allowed. 2. In the Review Application, the review applicant has stated that in another case in OA No.2242/2011, in which the order went on a different line, the respondents have since implemented the orders of this Tribunal, subject to outcome of the Writ Petition filed by them before the Honble High Court of Delhi. But that fact was not within the knowledge of this Bench of the Tribunal before pronouncing the orders in OA No. 4586/2011 with connected matters on 09.08.2012. The applicant has submitted that he had filed an MA vide diary No.544...
Lt. Col. B.D. Joshi Vs. Union of India and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: Nov-30-2012
1. This petition has been received by transfer from the Honble Delhi High Court. 2. By this petition, petitioner has prayed for quashing the impugned order of the Government of India No.36501/3105/Engrs/97/MS-19/339/SC-D(MS)/2004 dated 08.02.2005, impugned ACRs covering the period January,94-05/95 and December97-05/98 issued by Col. B.J.V.Rao and Brig. A.S.Gill and ACR initiated during December,2002 to May,2003 by RO AIR CDR P.K. Barbora VM AOC 11 Wing Air Force, and a direction may be issued to the respondents to reconsider by the Selection Board No3 to consider the petitioner for promotion to the rank of Colonel and also prayed for quashing the AHQ policy letter No.31525/P/MS/SB dated 06.05.1987 which is biased, arbitrary and discriminatory. 3. The petitioner was commissioned in the Indian Army on 14.06.1986 in the Corps of Engineers. He did M.Tech in the year 1996 and on 15.08.2001 he got Army commendation certificate . He was promoted to the post of Lt. Col in time Scale on the bas...
M/S. Ashoka Promoters (P) Ltd. Vs. CaptaIn Virender and anr.
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.1611/2000 % November 29, 2012 M/S. ASHOKA PROMOTERS (P) LTD. ...... Plaintiff Through: Mr. S.N.Gupta with Mr. D.P.Gupta, Advs. VERSUS CAPTAIN VIRENDER AND ANR. ...... Defendants Through: Mr. Baldev Malik with Mr. Arjun Malik, Advs. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. The subject suit has been filed by the plaintiff/landlord for recovery of mesne profits against the defendants, and essentially against the defendant no.3 which is the Union of India through the Excise Department. It is not disputed that defendant no.3 was the tenant and liability will be of it to pay under the decree. The suit property is G-80, Preet Vihar, Delhi comprising of basement, ground floor, mezzanine floor, first floor, second floor and third floor totalling 14,010 sq.ft. It is undisputed before me that I have to calculate the mesne profits from 1.5.1997 to 11.11.2004 with respect to th...
icici Lombard General Insurance Company Ltd. Vs. Smt. Ganga Devi and o ...
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC.APP. 1130/2011 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Neerja Sachdeva, Adv. versus SMT. GANGA DEVI & ORS. ..... Respondents Through: Mr. Uma Shankar Adv. for R-1 to R-6. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `8,00,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Respondents No.1 to 6 for the death of Dharamvir who died in a motor vehicle accident which occurred on 03.02.2008.2. The finding on negligence 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 was working as an Electrician and was earning `20,000/- per month. In the absence of any cogent evidence with regard to deceaseds income or his profession, the Claims Tribunal took...
M/S Kuoni Travels India Ltd Vs. Janvahini Krantikari Karamchari Union ...
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:29. 11.2012 CS(OS) 375/2010 M/S KUONI TRAVELS INDIA LTD Through: Mr Nikhil A. Menon, Adv. ..... Plaintiff versus JANVAHINI KRANTIKARI KARAMCHARI UNION & ANR ..... Defendants Through: None. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) 1. This is a suit for declaration and injunction. Defendant No. 2 Vikramjit Dandona was appointed by the plaintiff-company as an Executive (Finance) at Delhi and later promoted as Senior Executive (Finance) with effect from 04.11.2009. He, however, stopped reporting for duty from that date. He owed a sum of Rs 2,63,907/- to the plaintiff-company which he admitted vide his later dated 04.12.2009. He resigned from the service of the company on 5.12.2009, citing personal reasons for doing so. He issued three cheques to the plaintiffcompany in discharge of his liability. Those cheques, when presented to the bank, were dishonoured. A notice under Section 138 of Negotiable Instrume...
Cit Vs. Delhi Industries and Enterprises
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 29.11.2012 + ITA 392/2012, C.M. APPL. 11592/2012 & 11593/2012 + ITA 393/2012, C.M. APPL. 11594/2012 & 11595/2012 + ITA 403/2012, C.M. APPL. 11602/2012 & 11603/2012 + ITA 420/2012, C.M. APPL. 11630/2012 + ITA 428/2012, C.M. APPL. 12332/2012 & 12333/2012 CIT ..... Appellant Through : Sh. N.P. Sahni, Sr. Standing Counsel. versus DELHI INDUSTRIES & ENTERPRISES ..... Respondent Through : Sh. Salil Aggarwal, Sh. Anil Sharma, Advocates and Sh. Ravi Pratap Mall, Advocates CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. The Revenue claims to be aggrieved by the common order of the Income Tax Appellate Tribunal (ITAT) dated 31.10.2011 for the Assessment Years 2002-03 and ITA No. 2303/Del/2010 of the Revenue for the ITA392/12, ITA 393/12, ITA 403/12, ITA 420/12 & ITA 428/12 Page 1 Assessment Year 2005-06. The question of law sought to be urged is as to the: (a) correctness of the Tribunals...
icici Lombard General Insurance Company Ltd. Vs. Dayanand Yadav and or ...
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC.APP. 242/2012 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Suman Bagga, Adv. versus DAYANAND YADAV & ORS. ..... Respondents Through: Mr. Nitin Yadav, Adv. for R-1 to R-4. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `9,62,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Respondents No.1 to 4 for the death of Smt. Sumitra who died in a motor vehicle accident which occurred on 07.03.2009.2. The finding on negligence 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 was carrying household work and was also doing the tailoring job. The Claims Tribunal observed that no cogent evidence was produced with regard to the fact that the deceased was doin...
Shri. Om Prakash Seth and Others Vs. Mr. Ram Tirath Andanother;
Court: Delhi
Decided on: Nov-29-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + C.M.(M). No. 346/2011 Date of Decision:29. 11.2012 SHRI. OM PRAKASH SETH & OTHERS Through: ...Petitioners Mr. Rajiv Mehra, Adv. Versus ...Respondents MR. RAM TIRATH &ANOTHER Through: Nemo. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.1. The present petition is filed by the decree holder/landlord under Art. 227 of the Constitution of India against the impugned order dated 26.11.2010, passed by the Court of Shri. Devendra Kumar Sharma, learned ARC (North), Delhi in Execution No. 5 of 2012 titled Om Prakash Seth and Others v. SardarPardeep Singh, whereby the learned ARC was pleased to post the objections, raised by the respondents herein, under Order XXI Rule 97 read with Sec. 151 of the Code of Civil Procedure, for the purpose of recording evidence.2. The brief facts leading to the present petition are as follows. The Petitioners herein filed a petition under Sec. 14(1)(e) read with Sec. 25B of the Delhi Rent Control Act, bearing Eviction Pe...
Cit Vs. Delhi Industries and Enterprises
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 29.11.2012 + ITA 392/2012, C.M. APPL. 11592/2012 & 11593/2012 + ITA 393/2012, C.M. APPL. 11594/2012 & 11595/2012 + ITA 403/2012, C.M. APPL. 11602/2012 & 11603/2012 + ITA 420/2012, C.M. APPL. 11630/2012 + ITA 428/2012, C.M. APPL. 12332/2012 & 12333/2012 CIT ..... Appellant Through : Sh. N.P. Sahni, Sr. Standing Counsel. versus DELHI INDUSTRIES & ENTERPRISES ..... Respondent Through : Sh. Salil Aggarwal, Sh. Anil Sharma, Advocates and Sh. Ravi Pratap Mall, Advocates CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. The Revenue claims to be aggrieved by the common order of the Income Tax Appellate Tribunal (ITAT) dated 31.10.2011 for the Assessment Years 2002-03 and ITA No. 2303/Del/2010 of the Revenue for the ITA392/12, ITA 393/12, ITA 403/12, ITA 420/12 & ITA 428/12 Page 1 Assessment Year 2005-06. The question of law sought to be urged is as to the: (a) correctness of the Tribunals...
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