Delhi Court December 2012 Judgments
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Rameshchandra Prabhudas Patel Vs. Uoi and ors.
Court: Delhi
Decided on: Dec-13-2012
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 13, 2012 + WP(C) 7749/2012 RAMESHCHANDRA PRABHUDAS PATEL ..... Petitioner Represented by: Mr.Amit Kumar, Advocate. versus UOI & ORS. ..... Respondents Represented by: Mr.B.V.Niren and Mr.Prasouk Jain, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) 1. Heard learned counsel for the parties.2. It is not in dispute that on the subject of pay fixation with effect from 01.01.1996 and its consequential impact with effect from 01.01.2006, issue pertaining to Overseers and Superintendent Gr.II in BRO stands conclusively adjudicated by a decision dated September 10, 2010 passed by a learned Single Judge of the Gauhati High Court allowing WP(C) No.51/2009 Ghan Shyam Vishwakarma Vs. The Director General, BRO & Ors. which decision was upheld by a Division Bench of the Gauhati High Court as per its decision dated March, 18, 2011. The Supreme Court has ref...
Yaqub Ali Vs. State
Court: Delhi
Decided on: Dec-13-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Reserved on : November 22, 2012 Pronounced on : December 13 , 2012 CRL.REV.P. 75/2012 YAQUB ALI Through: ..... Petitioner Mr. Govind Srivastava and Mr.Ram Naresh, Advocates. versus STATE Through: ..... Respondent Ms.Rajdipa Behura, APP for State. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI % PRATIBHA RANI, J.1. By this revision petition, the petitioner is challenging the judgment dated 30.01.2012 passed by the learned Addl. Sessions Judge whereby the conviction of the petitioner under Section 279/304A IPC awarded to him by the learned M.M vide judgment dated 19.10.2010 and order on sentence dated 20.10.2010, was affirmed.2. Briefly, as set up, the prosecution case is that on 22.03.2003, an information was received at 7:12 p.m vide DD No.26A at P.S. I.P. Estate about an accident. Copy of DD was handed over to ASI Ramanand, who along with Ct. Kamal visited the spot. On the basis of statement (Ex.PW- 8/A) made by HC Govind (Ct. at that time), cas...
Hovel Developers Pvt. Ltd and ors. Vs. -----------------------
Court: Delhi
Decided on: Dec-13-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:13.12.2012. COMPANY PETITION NO. 404 OF 201.In the matter of The Companies Act, 1956 Petition under Sections 391 & 394 of the Companies Act, 1956 Scheme of Amalgamation of 1. Hovel Developers Private Ltd. . Transferor/ Petitioner Company No. 1 And 2. Ace HR Services Pvt. Ltd. Transferor/ Petitioner Company No. 2 With 3. Railtech Infraventure Pvt. Ltd. Transferor/ Petitioner Company No. 3 Petitioner/Transferee Company Through : Mr N.Kumar, Advocate for the Petitioners Mr.S.K. Pradhan, Dy. Registrar on behalf of the ROC. Mr. Rajiv Bahl, Advocate for the Official Liquidator. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. This joint Petition has been filed under sections 391 & 394 of the Companies Act, 1956 by the Petitioner Companies seeking sanction to the Scheme of Amalgamation of M/s Hovel Developers Pvt. Ltd. & M/s Ace HR Services Pvt. Ltd., the transferor companies with M/s Railtech Infraventure Pvt...
Master Sushant (Minor) Vs. Sh. Sunder Shyam Singh
Court: Delhi
Decided on: Dec-13-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.1240/2003 % December 13, 2012 MASTER SUSHANT (MINOR) Through: ...... Plaintiff Mr. S.P. Dixit, Advocate. VERSUS SH. SUNDER SHYAM SINGH Through: ..... Defendant Mr. S.C. Jain, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This is a suit filed by the plaintiff- Master Sushant (minor) through his natural guardian and mother against his father Sh. Sunder Shyam Singh. The suit is a suit for partition and rendition of accounts.2. As per the averments which have been made in the plaint, the plaintiffs father i.e the defendant received in his hands ancestral properties and therefore plaintiff becomes a coparcener and entitled to the share from the properties which have been inherited by the defendant-Sh. Sunder Shyam Singh from his father Sh. Joginder Singh. Admittedly, Sh. Joginder Singh/grandfather died on 14.11.1999.3. Prior to passing of the Hindu Succession Act, ...
Vinod Kumar and anr. Vs. P.O. Labour Court-vii and anr.
Court: Delhi
Decided on: Dec-13-2012
* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) No. 4998/1997 Reserved on:25. h September, 2012 Decided on:13. h December, 2012 % VINOD KUMAR & ANR. Through: ..... Petitioners Mr. Anuj Aggarwal, Adv. versus P.O. LABOUR COURT-VII AND ANR. ..... Respondents Through: Ms. Saroj Bidawat, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 The Petitioners were employed as Beldars on 16 th October, 1989 by the Respondent No.2. On 14th January, 1990 the services of the Petitioners were terminated. On a dispute being raised the following terms of reference were sent for adjudication: Whether the services of Shri Vinod Kumar and Kalu Ram have been terminated illegally and unjustifiably by the management and if so, to what relief is he entitled and what directions are necessary in this respect.2. The Petitioners filed their statements of claim, inter alia, stating that they were employees of the Horticulture Department as Beldars with effect from 16th October, 1989 and their services were terminat...
National Highways Authority of India Vs. Itd Cementation India Ltd.
Court: Delhi
Decided on: Dec-13-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI (Reportable) O.M.P. No. 27 of 2010 NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Petitioner Through: Mr. Vikas Goel & Mr. Kunal Kohli, Advocates versus ITD CEMENTATION INDIA LTD. ..... Respondent Through: Mr. Amit George, Mr. Abin Mathew & Ms. Jojy Sunil, Advocates CORAM: JUSTICE S. MURALIDHAR ORDER 13 12.2012 1. The challenge in this petition under Section 34 of the Arbitration & Conciliation Act, 1996 (Act) by the Petitioner, National Highways Authority of India (NHAI) is to an Award dated 22nd April 2009 as modified on 21st August 2009 passed by the arbitral Tribunal (AT) in the disputes between NHAI and the Respondent, ITD Cementation India Ltd. [earlier known as Skanska Cementation India Ltd. (SCIL)] arising out of the award of the work of widening of four lanes and rehabilitation of existing carriageway of Pune Satara Road (NH-4) from (Km 725.00 to Km 760.00) Package-1. Background Facts 2. The contract was executed on 10th May 2001 between NHA...
Karamveer Singh Vs. Rajesh Arora Air Custom Officer
Court: Delhi
Decided on: Dec-13-2012
27 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2910/2011 KARAMVEER SINGH ..... Petitioner Through: Ms. Sangita Bhayana, Advocate. versus RAJESH ARORA AIR CUSTOM OFFICER ..... Respondent Through: Mr. G.S. Kanojia, Advocate. Date of Decision:13. h December, 2012 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J : (Oral) 1. By the present petition, petitioner has challenged the order dated 25 th November, 2010 passed by the Additional Sessions Judge and prayed for quashing of proceedings pending before the Additional Chief Metropolitan Magistrate in Criminal Complaint No. CC 971/1/02 under Sections 132 and 135 of the Customs Act, 1962 (for short Act, 1962).2. It is pertinent to mention that the Additional Chief Metropolitan Magistrate vide order dated 18th March, 2010 had discharged the petitioner on the ground that there was no possibility of conviction even if the prosecution case brought on record remained un-rebutted.3. However, the Special Judge, NDPS, Patiala Ho...
Bhagwan Singh Vs. Modern School and anr
Court: Delhi
Decided on: Dec-13-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 992/2012 Date of Decision:13. h December, 2012 BHAGWAN SINGH ..... Petitioner Through: Mr.Kunwar C.M.Khan, Advocate with Ms. Sandhya Singh, Advocate. versus MODERN SCHOOL AND ANR Through: ..... Respondents Ms.Raani Birbal, Advocate with Mr.Rohit, Advocate. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. This petition under Article 227 of the Constitution seeks assailing the order dated 27.07.2012 of learned Addl. District Judge, Wakf Tribunal, New Delhi, whereby the application filed by the respondents seeking condonation of delay of two years in filing the appeal, was allowed against cost of Rs.5000/-.2. The respondents herein had filed an appeal against the judgment and decree of the Civil Judge dated 21.07.2007. There being delay of over two years in filing the appeal before the learned ADJ, an application was also filed for condonation of delay, which was allowed by the learned ADJ vide impugned order. The same is under ch...
Commissioner of Customs and ors. Vs. M/S Agrim Sampada Ltd. and ors.
Court: Delhi
Decided on: Dec-13-2012
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:13. h December, 2012 % + LPA No.519/2004 COMMISSIONER OF CUSTOMS & ORS. ..... Appellants Through: Ms. Sonia Sharma, Adv. Versus M/S AGRIM SAMPADA LTD. & ORS. ..... Respondents Through: None. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the judgment dated 16th January, 2004 of the learned Single Judge allowing W.P.(C) No.2438/2001 preferred by the respondents no.1&2 (respondent no.2 being the Director of the respondent no.1), by directing the appellant to register the Bill of Entry of the subject goods in the name of the respondent no.1 and clear the same on payment of appropriate duty. It was further directed that the appellant shall bear the demurrage charges in respect of the goods.2. Notice of the appeal was issued and on the application of the appellant for interim relief, it was vide order dated 31 st May, 2004 directed that the release of the ...
Puneet Kumar Sharma and ors. Vs. the State of Delhi and anr.
Court: Delhi
Decided on: Dec-13-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Crl. M.C. No. 2306/2012 + Date of Decision:13. h December, 2012 # ! PUNEET KUMAR SHARMA & ORS. ....Petitioners Through: Mr. R.S. Juneja, Advocate Versus $ * THE STATE OF DELHI & ANR. Respondents Through: Mr. M.N. Dudeja, APP for the State Respondent no. 2-complainannt in person CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: This petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 200/2000 dated 26th July, 2000 under Sections 406/419/420/465/467/468/471/120-B IPC registered against them at Police Station Welcome at the instance of the complainantrespondent no.2, as well as their trial going on in the Court of Additional Chief Metropolitan Magistrate in respect of the said FIR.2. The FIR sought to be quashed was registered at the instance of respondent no. 2, who is the sister of petitioner no. 3 and aunt of petitioner no.2. She owned one residential proper...
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