Delhi Court February 2012 Judgments
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N.K. Varma Vs. Union of India
Court: Delhi
Decided on: Feb-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 9th February, 2012 + W.P.(C) 3225/2006 % N.K. VARMA ....Petitioner Through: Mr. Sanjeev Mahajan, Adv. Versus UNION OF INDIA ..... Respondent Through: Mr. Sumit Sharma and Ms. Sumati, Advs. CORAM :- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. The petition, i) impugns the notice dated 22.11.2005 of the respondent Land and Development Office (L and DO) in so far as the same requires the petitioner to pay damages for unauthorized use and occupation of 25 sq. yds. of land abutting property No.142, Golf Links, New Delhi with effect from 10.06.1960 and charges for misuse of property no.142, Golf Links, New Delhi with effect from 26.09.1974 and ii) seeks mandamus for implementation of the decision dated 27.12.1976 of the Joint Secretary (Planning) of the Ministry of Urban Development by execution of a supplementary lease deed with respect to the said 25 Sq. yds. of land. The writ petition was accompanied ...
icici Lombard General Insurance Vs. Sudesh and ors
Court: Delhi
Decided on: Feb-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 6th February, 2012 Pronounced on:9th February, 2012 + MAC. APP. No.397/2011 and CM. APPL 8996/2011(stay) ICICI LOMBARD GENERAL INSURANCE CO. LTD. ..... Appellant Through: Ms. Suman Bagga, Advocate Versus SUDESH and ORS. ..... Respondents Through: Mr. S.N. Parashar, Advocate for the Respondents /Claimants WITH + MAC. APP. No.59/2012 SUDESH and ORS. ..... Appellants Through Mr. S.N. Parashar, Advocate Versus ICICI LOMBARD GENERAL INSURANCE CO. LTD. ..... Respondents Through: Ms. Suman Bagga, Advocate for the Respondent Insurance Company CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT MAC. APP. Nos.397/2011 and 59/2012 Page 1 of 5 G. P. MITTAL, J..1. These are two Cross-Appeals. The MAC APP No.397/2011 is for reduction of compensation of ` 8,25,500/- for the death of Ram Prakash who was aged 39 years at the time of the accident which took place on 18.04.2009. The Cross-Appeal MAC APP No.59/2012 is for enhancement of compensation on the...
Ex. Ct. Sanjay Singh Vs. Union of India and ors
Court: Delhi
Decided on: Feb-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.5831/1999 % Date of Decision: 09.02.2012 Ex. Ct. Sanjay Singh .... Petitioner Through Mr.Rajesh Sharma, Advocate Versus Union of India and Ors. .... Respondents Through Mr.Ankur Chhibber, Advocate. CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA ANIL KUMAR, J. *.1. The petitioner has sought quashing of dismissal order dated 2nd December, 1997 pursuant to show cause notice dated 10th December, 1995 and has sought his reinstatement with all the consequential benefits..2. Brief facts to comprehend the controversies are that the petitioner alleged that he is a resident of Village and Post- Khera Khurad, Delhi and he hails from a very poor family. The petitioner contended that on account of his poverty he could not even continue his study and that in order to earn some livelihood, he had enrolled in the Border Security Force as a Constable and was allotted the service No.91477328. WP(C) No.5831/1999 Page 1 ...
Gajender Kumar Loond Vs. Samant Barara
Court: Delhi
Decided on: Feb-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + IA No.13740/2011 in CS(OS) 1132/2011 GAJENDER KUMAR LOOND ..... Plaintiff Through: Mr. Muneesh Malhotra, Advocate versus SAMANT BARARA ..... Defendant Through: Mr. M.S. Ahluwalia, Advocate % Date of Decision : February 09, 2012 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL JUDGMENT : REVA KHETRAPAL, J..1. This order will dispose of an application under Order XII Rule 6 of the Code of Civil Procedure moved by the plaintiff..2. The facts succinctly stated for the purpose of the present order are that the plaintiff filed the above suit, inter alia, claiming recovery of arrears of rent of ` 74,71,000/- along with the agreed rate of interest @ 18% per month predicated on a registered Lease Deed executed by the plaintiff on 19.11.2009, leasing to the defendant the commercial property bearing No.M-40 (Market), Greater Kailash-II, CS(OS) No.1132/2011 Page 1 of 21 New Delhi-110048, having built up area of approximately 8,000 sq. ft. super area on a monthl...
Harish Bharara Vs. Uoi and anr
Court: Delhi
Decided on: Feb-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 9th February, 2012 + W.P.(C) No.6290/2008 % HARISH BHARARA .... Petitioner Through: Mr. K.C. Mittal, Adv. Versus UOI and ANR. ..... Respondents Through: Mr. Kumar Rajesh Singh, Adv. CORAM :- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. The petition impugns: (i) the letter dated 14.07.2008 of the respondent Railways directing the petitioner to discontinue advertisements and to remove all Unipoles erected by the petitioner; and (ii) the tender invited by the respondent Railways vide advertisement dated 16.06.2008 so far as it related to the sites around Ambala Cantt. Railway Station allotted to the petitioner. The petition also seeks to restrain the respondent Railways from, for a period of five years extendable by five years, removing the Modern Style Unipoles (MSUs) for advertisement at Ambala Cantt. installed in pursuance to acceptance dated 20.01.2006 of the proposal of the petitioner..2. Notice ...
Progetto Grano S.P.a Vs. Shri Lal Mahal Limited
Court: Delhi
Decided on: Feb-09-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) 2594A/2000 Reserved on: December 13, 2011 Decision on: February 9, 2012 PROGETTO GRANO S.p.a. ..... Plaintiff Through: Mr. Jayant Mehta with Ms. Bharti Badesra and Ms. Tanya Khare, Advocates. versus SHRI LAL MAHAL LIMITED ..... Defendant Through: Mr. Harish Malhotra, Senior Advocate with Mr. Mahendra Rana, Advocate CORAM: JUSTICE S. MURALIDHAR JUDGMENT 9.02.2012 Introduction.1. The present proceedings, which seek the enforcement of Foreign Awards being Appeal Award No. 3782 and Appeal Award No. 3783, both dated 21st September 1998 made by the Board of Appeal, Grain and Feed Trade Association ('GAFTA'), London, have been initiated under Section 49 read with Section 48 of the Arbitration and Conciliation Act, 1996 ('Act')..2. These proceedings filed in the first place by Italgrani S.p.a, an Italian company, were registered as Suit No. 2594A of 2000. Even at that stage the said company had been declared bankrupt. The Naples Tribunal, by its...
M/S. the United India Insurance Vs. Smt. Lalita Devi and ors
Court: Delhi
Decided on: Feb-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 7th February, 2012 Pronounced on: 9th February, 2012 + MAC. APP. No.341/2011 and CM. APPL 7604/2011 (stay) M/S. THE UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Mr. D.D. Singh and Mr. Navdeep Singh, Advocates Versus SMT. LALITA DEVI and ORS. ..... Respondents Through: Mr. Kundan Kumar Lal, Advocate for Respondent No.5 CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J..1. This Appeal is for reduction of compensation of ` 9,37,448/- awarded for the death of Pardeip Kumar Parshad who was aged 24 years on the date of the accident which occurred on 28.04.2010..2. During inquiry before the Tribunal, it was claimed that the deceased was working as a tailor in export line since 2005. He was earning `400/- to 480/- per day (`12000/- to 14,400/- per month). He died as a bachelor. In the absence of any documentary evidence with regard to the deceased's income, MAC. APP. No.341/2011 Page 1 of 6 the Tribunal took the mi...
Sk Sarawagi and Co. Pvt. Ltd Vs. Union of India and ors
Court: Delhi
Decided on: Feb-09-2012
* HIGH COURT OF DELHI : NEW DELHI Reserved on : January 24, 2012 Pronounced on : February 09, 2012 + W.P.(C) 8793/2011 and C.M. No. 19877/2011 SK SARAWAGI and CO. PVT. LTD. ..... Petitioner Through: Mr.Rajiv Nayar, Senior Advocate with Mr.Rishi Aggarwala, Mr.Akshay Ringe, Mr.Nikhil Rohtagi and Ms.Nisha Rohtagi, Advocates versus UNION OF INDIA and ORS. ..... Respondents Through: Ms.Sapna Chauhan, Advocate for respondent No..1. Mr.Sudhir Chandra, Senior Advocate, Mr.Jayant Bhushan, Senior Advocate with Mr.Kamal Budhiraja, Ms.Simar K. Narula, Ms.Sanyukta Singh, Mr.Aman Gupta, Advocates for respondent No..3. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % ORDER 09.02.2012.1. Under The Mines and Minerals (Development and Regulation) Act, 1957, the Central Government's constituted Mines Tribunal/Revisional Authority in its order of 14th September, 2011 (Annexure P-1) has negated right of the petitioner to obtain the mining lease of the subject land and has upheld the order of the State Government of...
Ramesh Kumar Vs. the Union of India (Through Secretary) Ministry of De ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Feb-09-2012
M.L. Chauhan: 1. The applicant has filed the present OA, thereby praying for the following reliefs: “(a) Direct the Respondents to look into the matter and accord the benefits of ACP Scheme envisaged under DOPandT OM dt. 9.8.99 on par with the similarly circumstanced persons more especially by ignoring the promotion to MPA which is equalized as per Court Order to that of Refrigerator Mechanic. (b) Pass any order or such directions as deemed just and proper in the facts and circumstances of the case. (c) Award cost in favour of the Applicant against the Respondents.” 2. Briefly stated, facts of the case, so far as relevant for the decision of this case, are that the applicant was initially appointed as Mazdoor (Industrial) in MES on 16.2.1973 and was further promoted to the post of Motor Pump Attendant (MPA) in the higher pay scale of Rs.196-3-220-EB-232 w.e.f. 24.3.1976. The applicant was subsequently promoted to the post of Refrigerator Mechanic w.e.f. 22...
Sudhir Chopra Vs. Union of India Through the Secretary to the Governme ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Feb-09-2012
Dr. Ramesh Chandra Panda, Member (A): 1. Shri Sudhir Chopra working as Joint Director in the Directorate of Defence Estates, the applicant herein, is aggrieved by the recommendation of the DPC conveyed in the letter dated 24.08.2011 by which he was denied promotion to the Senior Administrative Grade (SAG) of the Indian Defence Estates Service (IDES). It is the case of the applicant that the said DPC did not take into account the fact that the adverse remarks and the below benchmark gradings in the ACRs of the applicant were never communicated to him, nor the same were placed before the Reviewing and Accepting Authorities. It is further stated that the second respondent informed him on 24.08.2011 about the closure of the disciplinary proceedings initiated against him vide Memo dated 1.02.2011. Therefore, the sealed covers containing the recommendations of the DPC held on 16.05.2007 were opened following the directions of this Tribunal dated 15.07.2011 passed in OA No.2515/2011. On openi...
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