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Delhi Court February 2012 Judgments

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Feb 16 2012

Jag Ram Vs. General Manager, Northern Railway, Baroda House, New Delhi ...

Court: Central Administrative Tribunal CAT Delhi

Decided on: Feb-16-2012

1. The applicant has filed this Application seeking directions to the respondents to charge sanctioned advance increment w.e.f. 01.06.1974 correctly along with 2 increments as due under the rules in grade Rs.1400-2300/- and also arrange payment of 77 days leave. 2. Since the Application is ex facie grossly delayed, the applicant has filed Misc. Application, being MA No.388/2012, for condonation of delay, stating that he has been assured by the respondents that they are looking after his case but no action has been taken and furthermore, no limitation period would be attracted where the applicant has been denied his dues on account of the administration fault as per the Hon’ble Supreme Court judgment in the case of S.R. Bhanrale vs. Union of India and others, AIR 1997 SC 27. 3. Vide order dated 22.2.1989, as at Annexure A-I, the applicant was granted advance increments w.e.f. 1.6.1974 and his pay was revised as mentioned therein. As regards his pay fixation at Rs.334/- in the pay ...


Feb 16 2012

Ram Tirth Agrawal Vs. All India Institute of Medical Sciences, Through ...

Court: Central Administrative Tribunal CAT Delhi

Decided on: Feb-16-2012

1. The applicant, a physically handicapped person and having retired from the service of All India Institute of Medical Sciences (for short ‘AIIMS’), respondent no.1, as a Social Psychologist in July, 2006, has filed this Application under Section 19 of the Administrative Tribunals Act, 1985, praying for the following reliefs:- “a) Pass appropriate order and/or direction directing the Respondents to declare and ascertain the eligibility of the up gradation of pension of Petitioner/Applicant at par with other similar situated employees employed in other Institutions and further directing the Respondents to release all the dues/arrears of the Petitioner with all basic and consequential benefits since the date of his eligibility for the said claims of up-gradation. b) Pass such other or further order(s) as this Hon’ble Tribunal may deem fit and proper under the present facts and circumstances of the case in favour of the Petitioner/Applicant.” 2. The applican...


Feb 15 2012

Gnctd and anr Vs. Dharam Veer Singh

Court: Delhi

Decided on: Feb-15-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15th February, 2012 + W.P.(C) No. 1694/2011 % GNCTD and ANR. ....Petitioners Through: Mr. V.K. Tandon, Adv. Versus DHARAM VEER SINGH ..... Respondent Through: Mr. Shyam Babu with Mr. Shekhar Kumar, Advs. AND + W.P.(C) No.6253/2011 % MUKESH KUMAR ....Petitioner Through: Mr. Susheel Sharma, Adv. Versus GOVT. OF NCT OF DELHI ..... Respondent Through: Mr. Sumit Chander, Adv. AND + W.P.(C) No.7811/2011 % COMMISSIONER OF POLICE ....Petitioner Through: Mr. V.K. Tandon, Adv. Versus VINOD KUMAR ..... Respondent Through: Mr. Sachin Chauhan, Adv. WP(C) Nos.1694/2011, 6253/2011 and 7811/2011 Page 1 of 13 CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. W.P.(C) No.1694/2011 impugns the order dated 25.11.2010 of the Central Administrative Tribunal (Tribunal), Principal Bench allowing the OA No.164/2010 under Section 19 of the Administrative Tribunals Act, 1985 preferred by t...


Feb 15 2012

Santosh Vaid and anr Vs. Uttam Chand

Court: Delhi

Decided on: Feb-15-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15th February, 2012 + CM(M)48/2011 % SANTOSH VAID and ANR. ....Petitioners Through: Mr. Som Dutta Sharma, Adv. Versus UTTAM CHAND ..... Respondent Through: Mr. Himal Akhtar, Adv. AND + RSA 116/2011 % AMRIT LAL GHAI ....Appellant Through: Mr. J.M. Bari, Ms. Shweta Bari, Advs. with Appellant. Versus DARSHAN SINGH ..... Respondent Through: None. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. CM (M) 48/2011 under Article 227 of the Constitution of India is preferred impugning the order dated 25 th October, 2010 of the Civil Judge dismissing the suit filed by the petitioners therein as barred by the CM(M)48/2011 and RSA 116/2011 Page 1 of 22 provisions of the Delhi Rent Control Act, 1958. Though technically speaking, a CM(M) Petition under Article 227 of the Constitution of India against such dismissal of suit does not lie, the remedy of first appeal being availab...


Feb 15 2012

New India Assurance Co. Ltd Vs. Sarla Kumari and ors

Court: Delhi

Decided on: Feb-15-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.NO. 323/2008 NEW INDIA ASSURANCE CO. LTD. ..... Appellants Through: Mr.L.K. Tyagi, Advocate. versus SARLA KUMARI AND ORS. ..... Respondents Through: Ms. Manmeet Arora, Advocate. AND + MAC.APP.NO. 248/2008 SARLA KUMARI AND ORS. ..... Appellants Through: Ms. Manmeet Arora, Advocate. versus UPPER ESTATE TRANSPORT AND ORS. ..... Respondents Through: Mr.L.K. Tyagi, Advocate for the respondent No.3/ Insurance Company. % Date of Decision : February 15, 2012 MAC.APP.Nos.323/2008 and 248/2008 Page 1 of 34 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL JUDGMENT : REVA KHETRAPAL, J..1. By this common judgment, it is proposed to decide an appeal filed by M/s New India Assurance Company Limited being MAC.APP. No. 323/2008 as also an appeal filed by the legal representatives of the deceased Darshan Lal being MAC.APP. No. 248/2008. Both the appeals emanate from the judgment and award dated 2nd February, 2008 of the Motor Accident Claims Tribunal, New Del...


Feb 15 2012

Sun Investment Pvt Ltd Vs. the Assistant Commissioner of

Court: Delhi

Decided on: Feb-15-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 8th December, 2011. % Date of Decision : 15th February, 2012. + W.P.(C) 12438/2009 SUN INVESTMENT PVT LTD ..... Petitioner Through Mr. Ajay Vohra, Ms. Kavita Jha and Mr. Somnath Shukla, Advs. versus THE ASSISTANT COMMISSIONER OF INCOME TAX AND ORS ..... Respondents Through Ms. Rashmi Chopra, sr. standing counsel + W.P.(C) 12457/2009 SUN INVESTMENT P.LTD ..... Petitioner Through Mr. Ajay Vohra, Ms. Kavita Jha and Mr. Somnath Shukla, Advs. versus THE ASSISTANT COMMISSIONER OF INCOME TAX and ANR. ..... Respondents Through Ms. Rashmi Chopra, sr. standing counsel CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR WPC 12438 and 12457 of 2009 Page 1 of 22.1. Whether Reporters of local papers may be allowed to see the judgment?.2. To be referred to the Reporters or not Yes..3. Whether the judgment should be reported in the Digest? Yes. R.V. EASWAR, J.: W.P.(C) 12438/2009 M/s Sun Investment Pvt. Ltd. has filed the pre...


Feb 15 2012

Commissioner of Income Tax Vs. Nova Promoters and Finlease (P) Ltd

Court: Delhi

Decided on: Feb-15-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA No.342 of 2011 Reserved on :December 12, 2011 Date of Decision : February 15, 2012. COMMISSIONER OF INCOME TAX .... Appellant Through: Mr.Deepak Chopra, Advocate VERSUS NOVA PROMOTERS and FINLEASE (P) LTD. .....Respondent Through Mr. C.S.Aggarwal, Sr.Advocate with Mr.Prakash Kumar and Mr.Arta Trana Panda, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR.1. Whether Reporters of local papers may be allowed to see the judgment?.2. To be referred to the Reporters or not Yes..3. Whether the judgment should be reported in the Digest? Yes. R.V. EASWAR, J.: This is an appeal filed by the Commissioner of Income Tax under Section 260A of the Income Tax Act,1961 ("the Act" for short) against the order passed by the Income Tax Appellate Tribunal ("Tribunal", for short) on 14th May, 2010 in ITA No.3368/Delhi/2009, relating to the assessment year 2000-2001. ITA No.342-2011 Page 1 of 46.2. The assessee is a private lim...


Feb 15 2012

Lpa 502/20 Vs. Union of India and ors

Court: Delhi

Decided on: Feb-15-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15th February, 2012 [ + LPA 502/2011 % MADHU KUKRETI ....Appellant Through: Mr. Harish Pandey, Adv. Versus UNION OF INDIA and ORS. ..... Respondents Through: Mr. Ravinder Agarwal, Adv. for R-1. Mr. Chetan Sharma, Sr. Adv. with Ms. Madhu Sweta and Ms. Shreya Verma, Advs. Mr. Naushad Alam and Mr. Jitendra Bharti, Adv. for R-3. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. This Intra-Court Appeal impugns the judgment dated 11th March, 2011 dismissing W.P.(C) No. 4723/2008 preferred by the appellant. Notice of the appeal was issued and the same was admitted for hearing. The counsels have been heard..2. The respondent no.2 Security Printing and Minting Corporation of India Ltd. (SPMCIL), a Public Sector Undertaking wholly owned by the Government of India had vide advertisement published on 29 th July, 2006 LPA502/11 Page 1 of 13 invited applications inter alia fo...


Feb 15 2012

# Prem Lata Vs. $ Pawan Kumar Khurana and ors

Court: Delhi

Decided on: Feb-15-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % R.C.REV.NO. 184/2010 + Date of Decision: 15th February, 2012 # PREM LATA ....Petitioner ! Through: Mr. Anil Kumar Aggarwal and Mr. Abhay Kumar, Advocates Versus $ PAWAN KUMAR KHURANA and ORS. .....Respondents Through: Mr. B.K. Sood and Mr. Vipul Sharda, Advocates CORAM: * HON'BLE MR. JUSTICE P.K.BHASIN JUDGMENT P.K.BHASIN, J: This petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 (hereinafter called "the Act of 1958") read with Sections 115 and 151 of the Code of Civil Procedure and Article 227 of the Constitution of India is at the instance of a landlady against the order dated 31.05.2010 passed by the learned Additional Rent Controller whereby her tenant in a shop belonging to her, the respondent no.1 herein, has been granted leave to defend the eviction petition filed against him by her under Section 14-D of the Act of 1958..2. The relevant averments made in para no.18 (a) of the eviction petition are-produced below:- RC....


Feb 15 2012

Dinesh Kumar Vs. Uoi and ors

Court: Delhi

Decided on: Feb-15-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 07.02.2012 Judgment pronounced on: 15.02.2012 + W.P.(C) 1438/2011 DINESH KUMAR ... Petitioner versus UOI AND ORS. ... Respondents Advocates who appeared in this case: For the Petitioner : Petitioner-in-person For Respondents : Mr Jatan Singh with Mr Karan CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE V.K.JAIN V.K. JAIN, J..1. This writ petition is directed against the orders dated 21.07.2009 and 21.04.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi(hereinafter referred to as "the Tribunal). The facts giving rise to the filing of this petition are as follows: The petitioner, who was employed as Deputy Field Officer(DFO) in Aviation Research Centre(ARC), Cabinet Secretariat, Government of India, since 24.08.1999, was transferred from ARC, Delhi to ARC Doomdooma (Assam) where he joined on 13.06.2005. A charge-sheet dated 08.08.2008 was served upon him W.P(C) 1438/2011 Page...


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