Delhi Court December 2012 Judgments
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Mahesh Vs. N.D.M.C
Court: Delhi
Decided on: Dec-18-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3130/2006 Reserved on:11. h September, 2012 Decided on:18. h December , 2012 % MAHESH Through: ..... Petitioner Mr. Varun Prasad, Advocate versus N.D.M.C Through: ..... Respondent Mr. Harshvardhan Singh Rathore and Mr. Arun Bhardwaj, Advocates CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioner seeks setting aside of the award dated 22nd March, 2004 passed by the learned Presiding Officer, Industrial Tribunal in an industrial dispute bearing ID No. 22/2002 whereby the learned Tribunal held that the workman Petitioner is neither entitled to reinstatement with back wages and continuity of service nor regularization.2. Learned counsel for the workman Petitioner contends that the services of the Petitioner were verbally terminated in July, 1994 without complying with the principles of natural justice. No notice was issued to the workman asking him to report for duty, no enquiry was conducted and no charge sheet...
Oriental Insurance Co. Ltd. Vs. Smt.Vandana Shukla and ors.
Court: Delhi
Decided on: Dec-18-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:18. h December, 2012 + MAC. APP. 1291/2012 ORIENTAL INSURANCE CO. LTD. Through: .... Appellant Mr.Pradeep Gaur, Advocate. Versus SMT.VANDANA SHUKLA & ORS. Through: ..... Respondents None. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) C.M. APPL No.21089/2012(Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. MAC. APP. 1291/2012 1. The Appellant Insurance Company seeks reduction of compensation of ` 9,06,970/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No.1 and 2, parents of deceased Priyanka Shukla who died in a motor vehicle accident which occurred on 14.11.2011.2. The deceased was a student of 11th standard. The Claims Tribunal took the Minimum Wages of a Matriculate; made an addition of 30% on the basis of the judgment of the Supreme Court in Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) ...
Nanak Chand Vs. Distt. and Sessions Judge, Delhi and anr
Court: Delhi
Decided on: Dec-18-2012
$~20. * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITON (CIVIL) NO. 2519/2012 Date of decision:18. h December, 2012 NANAK CHAND ..... Petitioner Through Mr. Prag Chawla & Mr. Azmat H. Amanullah, Advocates. versus DISTT. & SESSIONS JUDGE, DELHI & ANR.... Respondents Through Ms. Latika Chaudhury, Advocate for Ms. Avnish Ahlawat, Advocate for respondent No.1. Mr. Mayank Mikhail Mukherjee, Advocate for Mr. Viraj R. Datar, Advocate for respondent No.2. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.P.GARG SANJIV KHANNA, J.(ORAL) The petitioner was appointed as a Lower Division Clerk in the Office of the District and Sessions Judge on 3rd March, 1964 and he retired from service on 31st March, 2005.2. During his service, the petitioner faced three departmental proceedings which were initiated on or before 1975. In one of the departmental proceedings, he was dismissed from service on 23rd October, 1975. In view of the dismissal order, the two other departmental proceedin...
S.K.Seth Vs. Rites Ltd and ors.
Court: Delhi
Decided on: Dec-18-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:18. 12.2012 W.P.(C) 147/2012 S.K.SETH .. Petitioner versus RITES LTD & ORS. .. Respondents Advocates who appeared in these cases: For the Petitioners : Mr R. Vasudevan For the Respondent : Mr G.S. Chaturvedi for R-1 & R-2 Mr R.N. Singh with Ms Sangeeta Rai for R-3 CORAM: HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J.1. By invoking the jurisdiction under Articles 226 and 227 of the Constitution of India, the petitioner has assailed orders dated 6th September, 2011 and 22nd November, 2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal) in OA No. 4191/2010 and RA No. 381/2011 in OA No. 4191/2010 respectively. The Tribunal by virtue of the impugned order dated 06.09.2011 had dismissed the Original Application filed by the petitioner thereby upholding the order withdrawing the acceptance of resignation (tendered by petitioner) issued by t...
Bharti Axa General Insurance Co. Ltd. Vs. Tannu and ors.
Court: Delhi
Decided on: Dec-18-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:18. h December, 2012 + MAC. APP. 913/2012 BHARTI AXA GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate. Versus TANNU & ORS. Through: + ..... Respondents Mr. R.K. Bachchan, Advocate for the Respondent No.1. Mr. Sushendra K. Chauhan, Advocate for the Respondents No.2 & 3. MAC. APP. 914/2012 BHARTI AXA GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate. Versus PREETI & ORS. Through: + ..... Respondents Mr. R.K. Bachchan, Advocate for the Respondent No.1. Mr. Sushendra K. Chauhan, Advocate for the Respondents No.2 & 3. MAC. APP. 915/2012 BHARTI AXA GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate. Versus BALA & ORS. Through: ..... Respondents Mr. R.K. Bachchan, Advocate for the Respondent No.1. Mr. Sushendra K. Chauhan, Advocate for the Respondents No.2 & 3. + MAC. APP. 929/2012 BHARTI AXA GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pank...
Oriental Insurance Co. Ltd. Vs. Kusum Devi and ors
Court: Delhi
Decided on: Dec-18-2012
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:18. h December, 2012 + MAC. APP. 544/2012 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr. A.K. Soni, Advocate. Versus KUSUM DEVI & ORS. Through: ..... Respondents Ms. Pooja Goel, Advocate. 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.541/2012 titled ORIENTAL INSURANCE CO. LTD. v. PARVIN DEVI & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 18 2012 pst...
Bharti Axa General Insurance Co. Ltd Vs. Mamta Sharma and ors.
Court: Delhi
Decided on: Dec-18-2012
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:18. h December, 2012 + MAC. APP. 930/2012 BHARTI AXA GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate. Versus MAMTA SHARMA & ORS. Through: ..... Respondents Mr. R.K. Bachchan, Advocate for the Respondent No.1. Mr. Sushendra K. Chauhan, Advocate for the Respondents No.2 & 3. 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.913/2012 titled BHARTI AXA GENERAL INSURANCE CO. LTD. v. TANNU & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 18 2012 pst...
Mmtc Vs. Surjit Singh Kanda and ors.
Court: Delhi
Decided on: Dec-18-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:11. 10.2012 % + Judgment delivered on:18. 12.2012 W.P.(C) 2063/2011 MMTC Through: ..... Petitioner Mr. A.K. Chhabra, Advocate. versus SURJIT SINGH KANDA AND ORS. ..... Respondents Through: Mr. Satish Aggarwala, Advocate for the respondent No.3. Ms. Seema Gupta, Advocate for the respondent No.4/Indian Bank. + W.P.(C) 4553/2011 UNION OF INDIA AND ANOTHER ..... Petitioners Through: Mr. Satish Aggarwala, Advocate. versus INDIAN BANK AND ANOTHER ..... Respondents Through: Ms. Seema Gupta, Advocate for the respondent No.1/Indian Bank. Mr. Sachin Chopra and Mr. Kamal Bansal, Advocates for the respondent No.2. Mr. A.K. Chhabra, Advocate for the respondent No.3/MMTC. CORAM: HONBLE MR. JUSTICE SANJAY KISHAN KAUL HONBLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.1. The aforesaid two writ petitions preferred by MMTC Ltd. (referred to as MMTC) (WP(C) No. 2063/2011) and the Union of India (W.P.(C.) No. 4553/2011) - pursued by the ...
Renu Kumari Vs. Union of India and ors
Court: Delhi
Decided on: Dec-18-2012
$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 18, 2012 + W.P.(C) 7876/2012 RENU KUMARI ..... Petitioner Represented by : Mr.Joginder Tuli, Advocate. versus UNION OF INDIA & ORS ..... Respondents Represented by : Mr.Himanshu Bajaj, Advocate and Asstt.Comdt.S.K.Jha, CISF. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) CM No.19772/2012 Allowed; subject to all just exceptions. WP(C) 7876/2012 1. At the outset we may note that in the writ petition the petitioner has not challenged the findings returned by the Inquiry Officer and yet the order dated December 12, 2012 passed by the Appellate Authority has been challenged; and we would highlight that the petitioner has not challenged the order dated May 24, 2012 passed by the Disciplinary Authority levying the penalty of removal from service though said order has been annexed as Annexure-A to the writ petition.2. The charge against the petitioner was of ...
Oriental Insurance Co. Ltd. Vs. Laxmi Bharti and ors.
Court: Delhi
Decided on: Dec-18-2012
$ 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:18. h December, 2012 + MAC. APP. 331/2012 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pradeep Gaur with Mr. Amit Gaur, Advocates. Versus LAXMI BHARTI & ORS. Through: ..... Respondents None CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `14,54,768/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Subhash who died in a motor vehicle accident which occurred on 05.06.2011.2. The finding on negligence is not challenged by the Appellant Insurance Company; thus the same has attained finality.3. During the inquiry before the Claims Tribunal, it was claimed that the deceased was a matriculate and was aged 42 years at the time of the accident. He was a self employed person and was earning `10,000/- per month. In the absence of any evidence with regard to the deceaseds employment or his income, the Claims Tribunal ...
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