Delhi Court February 2012 Judgments
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Ex Sep Ahibaran Singh Vs. Union of India and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: Feb-08-2012
1. This case was originally filed before the Honble High Court of Delhi as WP(C) No.5337 of 1999. The Delhi High Court has dismissed the same case on 18.03.2008 for lack of jurisdiction with liberty to the applicant to file the petition in a court having jurisdiction over the matter. Aggrieved by the said order, the applicant filed a SLP No.4858/2009 before the Honble Supreme Court. The Honble Apex Court disposed off the SLP on 13.07.2010 and remanded the case to this Tribunal for further adjudication on merits. 2. Vide this petition, the applicant has prayed for quashing of the discharge order dated 31.05.1996 alleging that it has been passed before fulfilling the conditions for minimum period of service for pension. He has further prayed that he be re-instated immediately with all consequential benefits which include back-wages, seniority, promotion, increments etc. 3. Brief facts of the case are that the applicant was enrolled in the Army as a Sepoy in the Corps of EME on 15.07.1983...
Balwant Singh Vs. Ram Charan
Court: Delhi
Decided on: Feb-07-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.911/2003 % 7th February, 2012 BALWANT SINGH ..... Appellant Through: Mr. R.S.Tomar, Adv. with Appellant in person. versus RAM CHARAN ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL).1. This matter is on the Regular Board of this Court since 2.2.2012. Today, it is effective item no.18 on the Regular Board. No one appears for the respondent although it is 12:45 P.M. I have heard counsel for the appellant and after perusing the record am proceeding to dispose of the appeal..2. Learned counsel for the appellant/plaintiff on instructions from the appellant/plaintiff who is present in person confines his relief in the appeal to refund of the amount of `2,70,000/- which is paid under the RFA No.911/2003 Page 1 of 6 subject agreement to sell along with interest at 9% per annum simple from the date of payment which is the date of agreement to sell viz. 2...
Major Gaurav Negi Vs. Union of India and ors
Court: Delhi
Decided on: Feb-07-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.774/2012 and CM No.1713/2012 % Date of Decision: 07.02.2012 Major Gaurav Negi .... Petitioner Through Mr.S.S.Pandey, Advocate Versus Union of India and Ors. .... Respondents Through Mr.Ravinder Aggarwal, Advocate. CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA ANIL KUMAR, J. *.1. The petitioner has sought a direction to the respondents to allow him to proceed with his unit, 6 MAHAR, on the UN Mission in the same manner as the officers of his unit are proceeding on such mission and has also sought quashing of order, if any passed by respondents, whereby the petitioner is excluded from the contingent of 6 MAHAR earmarked to move on the UN Mission and the order dated 13th January, 2012 passed by the respondent transferring the petitioner to 5 MAHAR located at Sikkim..2. Relevant facts to comprehend the contentions of the petitioner are that the petitioner was granted Short Service Commission in the India...
Rakesh Kanojia Vs. State Govt of Nct of Delhi and anr
Court: Delhi
Decided on: Feb-07-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 782/2010 and Crl. M.A. No. 18672/2010 (Stay) % Reserved on: 27th January, 2012 Decided on: 7th February, 2012 RAKESH KANOJIA ..... Petitioner Through: Mr. Anurag Ahluwalia and Mr. Rahul Dhankar, Advocates. versus STATE GOVT OF NCT OF DELHI and ANR ..... Respondents Through: Mr. Manoj Ohri, APP for the State with SI Ranjeev, PS Dabri. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA.1. The Petitioner in the present petition is aggrieved by the order dated 20th November, 2010 passed by the learned Additional Sessions Judge in Sessions Case No. 2/2009 summoning the Petitioner as an accused in the case under Section 319 Cr.P.C..2. The contention of the learned counsel for the Petitioner is that an order under Section 319 Cr.P.C. can be passed only during the pendency of the trial. Once the judgment is dictated/pronounced the trial comes to an end and the Court has no jurisdiction to summon an additional accused under Section 319 Cr.P.C. It is co...
Em Pee Syndichem Pvt. Ltd Vs. Union of India and anr
Court: Delhi
Decided on: Feb-07-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + Writ Petition(Civil) No. 3985/2011 Reserved on: 29th November, 2011 % Date of Decision: 7th February, 2012 EM PEE SYNDICHEM PVT. LTD. ....Petitioner Through Mr. K. Kumar and Mr. P.K. Mittal, Advs. Versus UNION OF INDIA and ANR. ...Respondents Through Mr. Jatan Singh, Advocate for UOI. Ms. Sonia Sharma, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR SANJIV KHANNA, J. The petitioner EMPEE Syndichem Pvt. Ltd., on 24th June,2005 had deposited Customs duty of Rs.1,52,251/- with the Commissioner of Customs, I.G. Airport, in respect of a consignment of industrial synthetic diamond powder imported from Ireland vide 5 invoices and on bill of entry No. 969856 dated 23rd June, 2005. The petitioner has placed on record the said bill of entry for home consumption in which the description of aforesaid goods stands stated and the name of the supplier/exporter was described as "Element Fix Ltd., Ireland". On 24th ...
Sh.Khem Chand and anr Vs. Sh. Ram Mehar
Court: Delhi
Decided on: Feb-07-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.103/1996 % 7th February, 2012 SH.KHEM CHAND and ANR. ...... Appellants Through: Mr. Siddharth Yadav, Adv. VERSUS SH. RAM MEHAR ...... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL).1. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 30.10.1995 decreeing the suit of the respondent/plaintiff for possession with respect to the suit property being House No.358, Village- Hastsal, Delhi..2. The facts of the case are that the respondent/plaintiff was the owner of the suit property and the appellants/defendants being his relations, were provided for a house behind the suit property for residence being RFA No.103/1996 Page 1 of 7 House No.353. belonging to some other person. Electricity was however provided by the respondent/plaintiff fro...
Peak Chemical Corporation Inc Vs. National Aluminium Co. Ltd
Court: Delhi
Decided on: Feb-07-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. No. 160/2005 Reserved on: December 5, 2011 Decision on: February 7, 2012 PEAK CHEMICAL CORPORATION INC. ..... Petitioner Through Mr. A.K. Ganguli, Senior Advocate with Ms. Mamta Tiwari , Mr. Shaiwal Srivastava and Mr. Aamir Khan, Advocates. versus NATIONAL ALUMINIUM CO. LTD. ..... Respondent Through Mr. Ciccu Mukhopadhaya, Senior Advocate with Mr. Surjendu Sankar Das, Advocates. O.M.P. No. 454/2005 NATIONAL ALUMINIUM CO. LTD. ..... Petitioner Through Mr. Ciccu Mukhopadhaya, Senior Advocate with Mr. Surjendu Sankar Das, Advocates. versus PEAK CHEMICAL CORPORATION INC. ..... Respondent Through Mr. A.K. Ganguli, Senior Advocate with Ms. Mamta Tiwari, Mr. Shaiwal Srivastava and Mr. Aamir Khan, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 07.02.2012 Introduction 1.1 Both these petitions are filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') against the Award dated 16th February, 2005 of the learned Sole Arbitrator...
Sonia Chauhan Raghove Vs. Sanjive Raghove and ors
Court: Delhi
Decided on: Feb-07-2012
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 452/2012 % Judgment delivered on: 7th February, 2012 SONIA CHAUHAN RAGHOVE ..... Petitioner Through : Mr.M.B. Singh, Adv. versus SANJIVE RAGHOVE and ORS ..... Respondent Through : NEMO. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral) Crl.M.A. 1565/2012(Exemption) Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of. Crl.M.A. 1566/2012(Delay) Delay condoned. Criminal M.A. stands disposed of. + Crl. M.C. 452/2012.1. Vide the instant petition, the petitioner has challenged the impugned judgment dated 15.11.2011 passed by ld. ASJ (01), District- West Delhi and order dated 16.08.2010 passed by ld. MM in Crl.M.C.No.452/2012 Page 1 of 6 Complaint Case no. 278/01/2010, filed under Section 12(1)(3(4)(5) read with Sections 18,19,20 and 22 read with Rule 6(1) of the Domestic Violence Act, has issued summons only against respondent no.1. i.e. husband of the complainant and declined to issue summons...
Mahesh Kumar Meena Vs. Union of India and ors
Court: Delhi
Decided on: Feb-07-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.6913/2011 % Date of Decision: 07.02.2012 Mahesh Kumar Meena .... Petitioner Through Mr.A.K.Trivedi, Advocate Versus Union of India and Ors. .... Respondents Through Mr.Sunil Kumar and Mr.Rajiv Ranjan Mishra, Advocates. CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA ANIL KUMAR, J. *.1. The petitioner has sought directions for the constitution of an Independent Medical Board at the Army Hospital (R and R) or in any other Govt. Hospital to re-examine the petitioner and if found fit, to consider him for appointment to the post of Constable (VM) in BSF, by the respondents, with all consequential benefits accruing therefrom. The petitioner has also sought a declaration that the actions of the medical authority of BSF in declaring the petitioner medically unfit on account of having Varicose Veins while declaring another candidate, Sh.Sandeep Kumar, fit though he also had the same disease, is discriminatory a...
Dashemsh Sewa Society and anr Vs. Lt Governor of Delhi and ors
Court: Delhi
Decided on: Feb-07-2012
22 and 32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 07.02.2012 % W.P.(C) 4166/2011 DASHEMSH SEWA SOCIETY AND ANR ..... Petitioner Through: Mr. Abhinash K. Mishra, Advocate. versus LT GOVERNOR OF DELHI AND ORS ..... Respondent Through: Mr. Rajiv Nanda, Addl. Standing Counsel for the respondents No.1. to.3. Mr. G.K. Bharti and Mr. Jagjit Chhabra, Advocates for the respondent No. 4/DSGMC. AND W.P.(C) 311/2012 HARMOHAN SINGH ..... Petitioner Through: versus LT. GOVERNOR OF DELHI and ORS ..... Respondents Through: Mr. Rajiv Nanda, Addl. Standing Counsel and Mohd. Aslam Khan, Advocate for the respondents No.1. and .2. Mr. G.K. Bharti and Mr. Jagjit Chhabra, Advocates for the respondent No. 3/DSGMC. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J. (Oral).1. These two writ petitions have been preferred primarily to seek a writ, order or direction, directing the respondent authorities namely W.P.(C.) Nos. 4166/2011 and 311/2012 Page 1 of 14 the Hon'ble Lieutenant Go...
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