Delhi Court November 2012 Judgments
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Ex Hav/Tech Comn Suresh Kumar Vs. Union of India and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: Nov-05-2012
1. Petitioner by this petition has prayed that the policy letters dated 30th January 2009 and 24th April 2009 may be quashed as being arbitrary, unreasonable and inequitable. He has also prayed that the order dated 22nd August 2011 passed by EME Records may also be quashed being without jurisdiction and he may be reinstated in service and be promoted to the rank of Nb Sub from the date first vacancy was available in TCM(RO) trade or Tech Comn trade. He has further prayed that Respondents may be directed to promote him to the rank of Nb Sub with effect from the date the ACP Scheme of Government of India, Ministry of Defence was implemented. 2. Petitioner was enrolled as a Sepoy in Corps of EME in the trade of Tele Communication Mechanic (Radio) (TCM RO) and he was promoted to the rank of Nk on 1st April 1995 and Hav on 1st August 1997. He was working sincerely and had all qualifications for further promotion. He also successfully qualified for promotion from Hav to Nb Sub on 7th March ...
Ashok Kumar Gupta Vs. Union of India Through the General Manager North ...
Court: Central Administrative Tribunal CAT Principal Bench New Delhi
Decided on: Nov-03-2012
By George Paracken, Member (J): This OA has been filed by the applicant as the respondents have not considered his case for extending the benefit of the Judgement of the Honble Jodhpur High Court dated 25.09.2007 in WP (C) No.81/1999 - LRs of Prabhu Dayal v. Central Administrative Tribunal and Ors. and WP (C)No.183/1999 - Shyam Lal v. Central Administrative Tribunal and Ors (Annexure A-2). The operative part of the said order reads as under: 8. In our view, the action of the respondents in refixing the pay of the petitioners without allowing increments from the date of their dismissal till the date of reinstatement/retirement is contrary to the established principle of service law and in fact, is in violation of directions given by the Honble Supreme Court. The Honble Supreme Court has clearly directed that the employees shall be given notional continuity from the date of termination till the date of restoration for the purpose of calculation of pensionary benefits. Thus, the pet...
Jitender Alias Kalle Vs. State
Court: Delhi
Decided on: Nov-02-2012
BADAR DURREZ AHMED, J. 1. These two appeals pertain to the same appellant and raise a common issue. In both these appeals, the “judgments”, whereby the appellant has been convicted, though dictated and signed by the judge who heard the arguments in the trials, have been “announced” by a successor judge after the transfer of the predecessor judge. Thereafter, the successor judge has heard arguments on the point of sentence and passed the orders on sentence. A question has been raised by the learned counsel for the appellant as to whether such “announcements” could amount to valid judgments? If not, then they ought to be set aside and so, too, the sentencing orders and the matters be remitted to the trial court for fresh hearing and judgment. Criminal Appeal No. 666/2010 2. Criminal Appeal No. 666/2010 arises out of sessions case no. 1135/2009 which in turn arose out of FIR No. 67/1999 dated 11.03.1999 registered at Police Station Keshav Puram under s...
Sunil Gupta Vs. Delhi Development Authority
Court: Delhi
Decided on: Nov-02-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: October 11, 2012 Pronounced on: November 02, 2012 + W.P.(C) 427/2011 SUNIL GUPTA Through: ..... Petitioner Ms. Richa Kapoor & Ms. Medha Sachdev, Advocates versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through: Ms. Renuka Arora, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT 1 Under the Ninth Self Financing Housing Scheme floated by Delhi Development Authority in the year 1996, a draw of lots was held on 31st December, 1996, in which petitioner was allotted a ground floor flat in Sector/Pocket VI-S-3, Dwarka, Delhi. In this writ petition, quashing of demand-cum-allotment letter of 13th December, 2010 is sought with directions to respondent - DDA to hand over possession of Ground Floor Flat No.381 in Pocket I, Sector 12, Dwarka, Delhi.2. Petitioner claims that third copy of challan of 23rd June, 1997 (Annexure P-5) showing deposit of 90% of cost of the flat was dispatched to DDA by UPC on 26th August, 1997, whereas res...
Jitender Alias Kalle Vs. State
Court: Delhi
Decided on: Nov-02-2012
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:02. 11.2012 CRL.A. 666/2010 JITENDER ALIAS KALLE ... Appellant versus STATE ... Respondent Advocates who appeared in this case: For the Appellant : Mr Siddharth Luthra, Sr. Adv. with Ms Charul Sarin, Mr Amit Sharma, Mr Ashish Dixit, Mr Sumit Kaul & Mr Ritesh Tomar, Advs. For the Respondent: Ms Richa Kapoor, Addl. Standing Counsel. AND + CRL.A. 667/2010 JITENDER ALIAS KALLE ... Appellant versus STATE ... Respondent Advocates who appeared in this case: For the Appellant : Mr Siddharth Luthra, Sr. Adv. with Ms Charul Sarin, Mr Amit Sharma, Mr Ashish Dixit, Mr Sumit Kaul & Mr Ritesh Tomar, Advs. For the Respondent: Ms Richa Kapoor, Addl. Standing Counsel. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE MANMOHAN SINGH JUDGMENT BADAR DURREZ AHMED, J.1. These two appeals pertain to the same appellant and raise a common issue. In both these appeals, the judgments, whereby the appellant has been convicted, though dictat...
Rajasthan Global Securities Limited and ors. Vs. --------------------- ...
Court: Delhi
Decided on: Nov-02-2012
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:02.11.2012 Co. Appl. (M) No.170 of 2012 RAJASTHAN GLOBAL SECURITIES LIMITED Transferee/Petitioner No.1 FORRESTER SECURITIES PRIVATE LIMITED Transferor No1/ PetitionerNo.2 CROSSOVER SECURITIES MANAGEMENT PVT. LTD. Transferor No.2/Petitioner No.3 AUREOLE IMPEX PRIVATE LIMITED . Transferor No.3/Petitioner No.4 SPEED COLONISERS AND DEVELOPERS PVT. LTD. ...Transferor No.4/Petitioner No.5 Through: Ms. Gurkamal Hora Advocate with Mr. Sharma, Advocate Arora, Varun CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. This is a first motion joint Application under Sections 391 to 394 of the Companies Act, 1956, (for short, the Act) in connection with the Scheme of Arrangement (for short, Scheme) between Forrester Securities Private Limited, Crossover Securities Management Private Limited, Aureole Impex Private Limited and Speed Colonisers and Developers Private Limited (hereinafter referred to as the Transferor Co...
New India Assurance Company Ltd. Vs. Kulbir Singh and ors.
Court: Delhi
Decided on: Nov-02-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d November, 2012 + MAC APP.1002/2012 NEW INDIA ASSURANCE COMPANY LTD. ..... Appellant Through: Mr. S.L.Gupta, Adv. with Mr. Ram Ashray, Adv. Versus KULBIR SINGH & ORS. Through: .....Respondents Nemo. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) CM APPL.15851/2010 (For Additional Evidence) 1. The Appellant New India Assurance Company Limited seeks permission to lead additional evidence on the ground that certain documents, that is, investigation report of the driving licence, Mathura and the copy of the driving licence issued by MLO, Faridabad have been filed along with the Appeal. The same may be taken on record and permitted to be proved.2. There is not even a whisper as to why these documents could not be obtained and proved during inquiry before the Claims Tribunal. I have before me the Trial Court record. The Appellant Insurance Company did not take any specific plea that the driving licence held...
iffco Tokio General Insurance Co. Ltd. Vs. Jung Bahadur Singh and ors.
Court: Delhi
Decided on: Nov-02-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d November, 2012 + CM (M) 1470/2010 IFFCO TOKIO GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Dilip Raghuvanshi, Adv. Versus JUNG BAHADUR SINGH & ORS. .....Respondents Through: Mr. S.N. Parashar, Adv. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant IFFCO TOKIO General Insurance Company Limited impugns a judgment dated 27.08.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of `8,67,000/- was awarded for the death of Smt. Shyamo Devi who died in a motor vehicle accident which occurred on 15.01.2009.2. The Trial Court referred to Lata Wadhwa & Ors. v. State of Bihar & Ors., (2001) 8 SCC 19.where the value of gratuitous services rendered by the housewife was taken as `3,000/- per month, doubled it on the ground that the case pertains to the year 2009, and applied the multiplier of 11 to compute the loss of dependency as `7,92,000/-.3. ...
Sh. Raj Prakash and anr. Vs. National Insurance
Court: Delhi
Decided on: Nov-02-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d November, 2012 + MAC.APP. 516/2012 SH. RAJ PRAKASH & ANR. ..... Appellants Through: Mr. Navneet Goyal, Adv. with Ms. Suman N. Rawat, Adv. for R-1 & R-2. Versus NATIONAL INSURANCE COMPANY LTD & ORS. Through: .....Respondents Ms. Mannusha Wadhwa, Adv. with Ms. Arpan Wadhawan, Adv.for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is disposed of in terms of the judgment passed today in MAC APP. 492/2008 titled NATIONAL INSURANCE COMPANY LTD.. V. SH. RAJ PRAKASH & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE NOVEMBER 02 2012 vk...
S.S. Khera Vs. Punjab National Bank and ors.
Court: Delhi
Decided on: Nov-02-2012
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d November, 2012 % + LPA No.678/2012 S.S. KHERA Through: ..... Appellant Mr. D.K. Rustagi with Mr. Arpit Bhargava & Mr. Gaurav Arora, Adv. Versus PUNJAB NATIONAL BANK & ORS. ..... Respondents Through: Mr. Y.P. Chandana, Adv. For PNB. Mr. Amrit Pal Singh, CGSC for R-3. AND + LPA No.681/2012 S.S. KHERA Through: ..... Appellant Mr. D.K. Rustagi with Mr. Arpit Bhargava & Mr. Gaurav Arora, Adv. Versus PUNJAB NATIONAL BANK & ORS. ..... Respondents Through: Mr. Y.P. Chandana, Adv. For PNB. Mr. Amrit Pal Singh, CGSC for R-3. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.These intra-court appeals impugn the common judgment dated 30 th July, 2012 of the learned Single Judge dismissing W.P.(C) No.2922/2010 & W.P.(C) No.2925/2010 preferred by the appellant, along with seven other writ petitions preferred by others. All the said writ petitions were filed impugning the common order dated 26th...
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