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Delhi Court December 2012 Judgments

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Dec 20 2012

Santosh and ors Vs. Tagore International School and anr

Court: Delhi

Decided on: Dec-20-2012

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h December, 2012 + MAC. APP. 230/2008 SANTOSH & ORS. Through: Versus ..... Appellant Ms. Manjeet Chawla, Advocate. TAGORE INTERNATIONAL SCHOOL & ANR. ..... Respondents Through: Mr.Pankaj Seth, Advocate for Respondent No.1. Mr. Joy Basu, Advocate for Respondent No.2 the the CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is allowed in terms of the judgment passed today in MAC.APP.174/2008 titled CHEENA v. TAGORE INTERNATIONAL SCHOOL & ANR 2.For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 20 2012 pst...


Dec 20 2012

Batra Hospital and Medical Research Centre Vs. Batra Hospital Employee ...

Court: Delhi

Decided on: Dec-20-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h December, 2012 + % LPA No. 743/2004 BATRA HOSPITAL & MEDICAL RESEARCH CENTRE ....Appellant Through: Mr. A.K. Singla, Sr. Adv. with Mr. Mridul Gupta, Adv. Versus BATRA HOSPITAL EMPLOYEES UNION ..... Respondent 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 19 th May, 2004 of the learned Single Judge of this Court dismissing W.P.(C) No.7748/2002 preferred by the appellant. The said writ petition was filed impugning the order dated 10th October, 2002 of the Assistant Labour Commissioner allowing the application of the respondent no.1 Union and declaring the respondent no.3 Shri Vijay Singh as protected workman for the period 30th April, 2002 to 10th May, 2002 and certain other workmen (who though have not been individually impleaded as parties to the writ petition or this appeal) as protected workmen for the year...


Dec 20 2012

Mgt.of Dda Vs. P.O, Indus.Tribunal No.1 and anr

Court: Delhi

Decided on: Dec-20-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3873/1997 Reserved on:17. h September, 2012 % Decided on:20. h December, 2012 MGT.OF DDA Through: ..... Petitioner Mr. Arun Birbal, Advocate. versus P.O, INDUS.TRIBUNAL NO.1 & ANR ..... Respondents Through: Mr. Anuj Aggarwal, Advocate for the workman. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioner seeks setting aside of the award dated 16th June, 1997 passed by the Presiding Officer, Industrial Tribunal in an industrial dispute ID No. 203/90 wherein the learned Tribunal directed the Management to reinstate the workman and grant him full back wages.2. Learned counsel for the Petitioner contends that the learned Tribunal erred in holding that the services of Respondent No. 2 were terminated in violation of Section 25F of the Industrial Dispute Act, 1947 (in short the ID Act). The workman was appointed as a muster roll employee with the Management on daily wages. A daily wager is paid wages for the day on...


Dec 20 2012

Yakesh Anand Vs. Union of India and ors.

Court: Delhi

Decided on: Dec-20-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h December, 2012 W.P.(C) No.7189/2011 % + YAKESH ANAND Through: ..... Petitioner Petitioner in person with Mr. Nimit Mathur & Mr. Murari Kumar, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Rajeeve Mehra, ASG with Mr. Neeraj Chaudhari, CGSC, Mr. Ravjyot Singh & Mr. Kunal Kahol, Advs. for UOI with Mr. Ravi Pande, SO, DoT. Mr. Maninder Singh, Sr. Adv. with Mr. Gopal Jain & Mr. Ankur Sood, Advs. for Bharti Airtel Ltd. Mr. Saket Singh with Mr. Kumar Rajan Mishra, Advs. for TRAI. Mr. Maninder Singh, Sr. Adv. with Mr. Manjul Bajpai & Mr. Sarvajeet Kr. Thakur, Advs. for Vodafone. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW [ RAJIV SAHAI ENDLAW, J CM No.9538/2012 (for revival of the writ petition) 1. This application has been filed by the petitioner for revival of this writ petition filed as public interest litigation and which was disposed of vide order dated 29th February, 2012.2. The ...


Dec 20 2012

Safmarine Container Lines N.V. Vs. M/S Amita Enterprises and anr

Court: Delhi

Decided on: Dec-20-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI + I.A. No. 2880/2011 in CS(OS) 2014/2010 SAFMARINE CONTAINER LINES N.V. ..... Plaintiff Through: Mr. Munindra Dwivedi with Mr. Kuber Dewan and Mr. Varun Mishra, Advocates. versus M/S AMITA ENTERPRISES & ANR ..... Defendants Through: Mr. Abhinav Jain with Ms. Reenna Rawat, Advocate along with defendant No.1 in person. Mr. Gagan Gupta, Advocate for the defendant No.2. % Date of Decision : December 20, 2012 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL JUDGMENT : REVA KHETRAPAL, J.1. The Plaintiff has filed the aforementioned interim application, being IA No.2880/2011, praying for passing of an order granting stay of the proceedings in Consumer Complaint No.11 of 2009, pending before the Consumer Disputes Redressal District Forum, Gautam Budh Nagar till adjudication of the suit filed by the Plaintiff.2. The facts material for the determination of the present application are as follows.3. The Plaintiff instituted the abovementioned Inter-pleader suit un...


Dec 20 2012

S.A. Infratech Private Limited and anr. Vs. ...................

Court: Delhi

Decided on: Dec-20-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:20.12.2012 CO. PET. 340/2012 IN THE MATTER OF : S.A. INFRATECH PRIVATE LIMITED TRANSFEROR COMPANY WITH RAMPRASTHA PROMOTERS & DEVELOPERS PRIVATE LIMITED TRANSFEREE COMPANY THROUGH: Mr. Virender Ganda Sr. Advocate with Mr. S.K. Giri Advocate for petitioners. Mr.S.K. Pradhan, Dy. Registrar on behalf of the ROC. Mrr. S.B. Gautam, official liquidator. INDERMEET KAUR, J.(Oral) 1 This second motion joint Petition has been filed under Section 391 and 394 of the Companies Act, 1956 (for short Act) by the Petitioner Companies seeking sanction of the Scheme of Amalgamation (for short Scheme). 2 The Petitioner Companies had earlier filed CA (M) No. 105 of 2012 seeking directions of this Court for convening of meetings. Vide order dated 31.05.2012, this court allowed the Application whereby the Transferor Company was exempted from convening meetings of shareholders and Creditors and the transferee Company was exempted from convening me...


Dec 20 2012

Suresh and ors. Vs. Tagore International School and anr.

Court: Delhi

Decided on: Dec-20-2012

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h December, 2012 + MAC. APP. 191/2008 SURESH & ORS. Through: Versus ..... Appellant Ms. Manjeet Chawla, Advocate. TAGORE INTERNATIONAL SCHOOL & ANR. ..... Respondents Through: Mr.Pankaj Seth, Advocate for Respondent No.1. Mr. Joy Basu, Advocate for Respondent No.2 the the CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is allowed in terms of the judgment passed today in MAC.APP.174/2008 titled CHEENA v. TAGORE INTERNATIONAL SCHOOL & ANR 2.For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 20 2012 pst...


Dec 20 2012

Laxmi NaraIn Vs. State of Nct of Delhi

Court: Delhi

Decided on: Dec-20-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 636/2008 & CRL.M.A. 19137/2011 LAXMI NARAIN ..... Appellant Mr. R.N. Mittal, Senior Advocate with Mr. Pankaj Kumar and Mr. Manoj Kumar, Advocates. Through versus STATE OF NCT OF DELHI Through ..... Respondents Mr. Manoj Ohri, APP for State. Date of Decision:20. h December, 2012 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J.(Oral) 1. Present appeal has been filed under Sections 374 and 382 Cr.P.C. challenging the judgment dated 05th July, 2008 and order on sentence dated 08th July, 2008 whereby the appellant- father in law of Ms. Sangeeta (hereinafter referred to as the deceased) was convicted under Sections 498A/34 and 304B /34 of the Indian Penal Code, 1860 (for short IPC) and sentenced to undergo rigorous imprisonment for three and ten years respectively. A fine was also imposed in respect of both the convictions.2. The prosecutions case in nutshell is that deceased married Mr. Deepak, the son of the appellant on 09th...


Dec 20 2012

Chet Ram Meena Vs. Commissioner of Police and Another

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Dec-20-2012

G. George Paracken: 1. The challenge in this Original Application is against the order dated 23.11.aggrieved by the impugned Annexure A-1 show cause notice dated 03.03.2011 proposing to cancel his candidature for the post of Constable (Executive) Male in Delhi Police. He is also aggrieved by the Annexure A-2 order dated 02.03.2011 by which his candidature has been cancelled. 2. This case was earlier heard and disposed of by a co-ordinate Bench of this Tribunal vide its order dated 15.11.2011. In fact, this O.A was allowed and the respondents were directed to give appointment to the applicant to the post of Constable (Exe.) on the ground that his case was squarely covered by the earlier order of a co-ordinate Bench in Dharam Veer Singh Vs. Govt. of NCT of Delhi and Ors. (OA 164/2010) decided on 25.11.2010 having its operative part as under: 6. It is not possible to agree with the arguments of the Respondents in view of the fact that the candidature of the Applicant has not been cancel...


Dec 20 2012

K.K. Maheshwari Vs. Union of India Through the Secretary and Others

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Dec-20-2012

G. George Paracken: 1. This Original Application has been filed by the applicant Shri K.K. Maheshwari, who is an IPS Officer of 1980 batch, belonging to the AGMUT Cadre and is presently posted as Director General (Home Guards), GNCT, Delhi. His grievance is against the impugned Annexure A-1 order dated 11.09.2012 transferring him from Delhi to Arunachal Pradesh as Director General of Police and the impugned Annexure A-2 order dated 25.09.2012 by which his representation has been rejected by the respondents. 2. According to the applicant, he has already been posted at two hard stations in the North-East, one in Arunachal Pradesh from 1984 to 1986 and then from 2008 to 2011 in Mizoram. Thus he spent three years in the hard areas as against the stipulated period of two years for officers in suppertime scale and above. He came back to Delhi from Mizoram only in March, 2011 and within less than a year, he is again transferred out of Delhi to Arunachal Pradesh causing great hardship to him...


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