Delhi Court February 2012 Judgments
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Gian Chand Vs. the Secretary, Ministry of Human Resource Development a ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Feb-06-2012
Dr. A.K. Mishra, Member (A) 1. The present O.A. has been filed claiming higher pay scale applicable to Head of the Department (HOD) or Senior Lecturer (Selection Grade) which has been denied to the applicant who is working as Workshop Superintendent in a Polytechnic under the respondent government. 2. OA-647/2001 was allowed by the Tribunal’s order dated 09.04.2002 placing reliance on the judgment of the Co-ordinate Bench in Mohammed Mansoor Vs. U.O.I. (OA-412/1994) decided on 23.03.1998 by the Calcutta Bench of this Tribunal. However, Principal Bench of the Tribunal dealing with similar facts in OA-1311/1998 Sh. N.K. Sarsoonia Vs. Govt. of NCT of Delhi decided on 05.08.1998 had dismissed it on the ground that grant of higher pay scale to a particular post is to be treated as a policy decision within the domain of the executive and for that reason could not invite any judicial interference. The respondents carried the matter relating to the present O.A. to Hon’ble High Cour...
Raghbir Singh Vs. Appropriate Authority I.T.Deptt
Court: Delhi
Decided on: Feb-05-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 524/1995 Reserved on : 11th November, 2011. % Date of Decision 5th January, 2012. RAGHBIR SINGH ..... Petitioner Through : Mr. M S Syali, Sr. Adv. with Mr. V K Tandon and Mr. Mayank Nagi, Advs. versus APPROPRIATE AUTHORITY I.T.DEPTT. ..... Respondent Through: Mr. Rakesh Khanna with Mr. Mannmohit K Puri, Advs. for Mr. Anand Mehta and Mr. Deepak Mehta-Auction Purchasers/ Interveners 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.: The facts leading up to the filing of the writ petition are as follows. The petitioner is one Raghbir Singh of 302-R, Model Town, Ludhiana-II. He was desirous of acquiring residential property in Delhi on ownership basis and accordingly approached respondent Nos.3. to 9, who are Smt. WP (C) 5...
Smt.Leela Sharma Vs. Gnct of Delhi and ors
Court: Delhi
Decided on: Feb-03-2012
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: January 23, 2012 Judgment Pronounced on: February 03, 2012 + LPA No.883/2010 SMT.LEELA SHARMA .......Appellant Through: Mr.Vinay Kumar Garg, Advocate. Versus GNCT OF DELHI and ORS. .....Respondents Through: Mr.Aditya Madan, Adv. for R-1 Mr.K.C.Mittal with Mr.Puneet Mittal, Advocates for R-2 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J..1. Vide impugned order dated June 02, 2010, the learned Single Judge, while dismissing WP(C) No.4164/2002, has held that compulsory retirement is an important tool to keep any organization vibrant and to prevent its clogging and decay by the sheer weight of employees who have ceased to be dynamos to propel the organization. To put it in the language commonly used, the learned Single Judge has held that since the object of compulsory retirement is to remove the dead wood from an organization the power to compulsorily retire dead wood ...
Dalbir Singh Vs. State
Court: Delhi
Decided on: Feb-03-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % DATE OF DECISION : FEBRUARY 3, 2012 + Crl.A.218/99 DALBIR SINGH ........Appellant Through : Ms.Saahila Lamba, Amicus Curiae. versus STATE ...........Respondent Through : Mr.Harsh Prabhakar, Adv. for Mr.Pawan Sharma, Standing Counsel (Criminal). CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J. (Oral).1. The appellant Dalbir Singh has impugned the judgment dated 23.03.1999 convicting him for the offence punishable under Section 302 IPC and order on sentence dated 27.03.1999 vide which he was sentenced to undergo life imprisonment and to pay a fine of ` 2000/- and in default, to undergo simple imprisonment for one year with benefit under Section 428 Cr.P.C..2. Briefly stated appellant Dalbir Singh alongwith his mother Sohan Devi (acquitted by learned Trial Court) was sent to face trial on the basis of complaint Ex.PW5/A lodged by Mr.Tek Chand, son of Mr.Udey Ram and brother of deceased Rajinder Sin...
Manoj Shukla @ Prem Vs. State (Govt. of Nct of Delhi)
Court: Delhi
Decided on: Feb-03-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved On :25.01.2012 Decided On :03.02.2012 + CRL.A. No. 1117 /2011, Crl.M.(Bail) 1579/2011 and Crl.M.A.10682/2011 MANOJ SHUKLA @ PREM ..... Appellant Through : Mr. Bhupesh Narula, Advocate Versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through : Mr. Sanjay Lao, APP for the State CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE S. P. GARG MR. JUSTICE S.RAVINDRA BHAT %.1. By this judgment, the Court would be disposing of an appeal directed against the judgment and order of learned Additional Sessions Judge dated 27.01.2011 in SC No.58/2010 by which the Appellant Manoj Shukla was convicted for committing the offence punishable under Section 302 IPC..2. According to the prosecution, intimation was received by way of DD- 2A (marked as Ex. PW3/A) on 12.02.2006 at 8.28 AM that the body of an unknown person - who looked like a labourer- was lying near shop No.1496 Gali No.5, Wazir Nagar, Kotla Mubarakpur. PW-22, I.O. and HC Bhim Singh (PW-5) r...
Mahesh Pal Singh Vs. Govt. of Nct of Delhi
Court: Delhi
Decided on: Feb-03-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on 03.02.2012 + W.P.(C) 663/2012 and CM No. 1433/2012 MAHESH PAL SINGH ..... Petitioner versus GOVT. OF NCT OF DELHI ..... Respondent Advocates who appeared in this case: For the Petitioner : Dr K.S. Chauhan and Mr Ajit Kumar Ekka For the Respondent : Mr Mirza Amir Baig for Mr Anjum Javed CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE G. P. MITTAL BADAR DURREZ AHMED (ORAL).1. This writ petition is directed against the order dated 02.11.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.3219/2010. The petitioner was aggrieved by his dismissal from service on the invocation of Rule 19 of the CCS (CCA) Rules, 1965, whereby a penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge. The petitioner was dismissed by an order dated 31.08.2001..2. An FIR No. 25/2007 dated 24.04.2007 was filed against the petitioner...
V.K. Sareen Vs. Union of India and ors
Court: Delhi
Decided on: Feb-03-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 745 OF 2011 Reserved on: 17.11.2011 % Pronounced on: 03.02.2012 V.K. SAREEN ...PETITIONER Through: Mr. M.K. Bhardwaj, Advocate. VERSUS UNION OF INDIA and ORS. . . . RESPONDENTS Through: Mr. Rajesh Katyal, Advocate for UOI. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW A.K. SIKRI, ACTING CHIEF JUSTICE.1. A very short issue, that too, in a narrow compass arises for consideration in this writ petition. The petitioner was chargesheeted for certain alleged irregularities/misconduct. This chargesheet was issued on 5th September, 2002 in respect of an incident which was 10 years old. The petitioner challenged the serving of this charge memo by filing OA before the Tribunal which was allowed vide orders dated 30 th March, 2007 quashing the chargesheet. The respondents assailed that order of the Tribunal by filing Writ Petition in June, 2007. While this writ W.P.(C) 745/2011 Page 1 of 8 petition was pending, the...
Rohit Dhingra and anr Vs. State
Court: Delhi
Decided on: Feb-03-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 16.11.2011 Decided on : 03.02.2012 + CRL.A. 926/2011 and Crl. M. (Bail) 1302/2011 ROHIT DHINGRA and ANR ..... Appellants Through : Sh. Pradeep Chowdhary, Advocate. versus STATE ..... Respondent Through : Sh. M.N. Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE PRATIBHA RANI MR. JUSTICE S. RAVINDRA BHAT %.1. The appellants impugn a judgment dated 1.06.2011 and order dated 3.06.2011 of the Additional Sessions Judge, in S.C. No. 32/2008. They were convicted of the offence punishable under Section 302/34 and are sentenced to life imprisonment and fine of ` 5,000. In default of payment of fine, the convict would have to further undergo imprisonment for 6 months..2. The prosecution alleged that on the night intervening 10th and 11th January, 2008, Rohit Dhingra and Ashish@ Ashu (hereafter "Appellants") committed the murder of Mahesh Nagar (hereafter "the deceased") by clobbering his head with a stone; one Am...
Decided On: 03.02.2012 Vs. Commissioner Mcd and anr
Court: Delhi
Decided on: Feb-03-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3718/2011 Decided on: 03.02.2012 IN THE MATTER OF MOHD. IQBAL ..... Petitioner Through: Mr. Sanobar Ali Qureshi, Advocate versus COMMISSIONER MCD and ANR. ..... Respondents Through: Mr. Anurag Sharma, Advocate, with Dr.Prahlad Kumar, Deputy Director, MCD CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J. (ORAL).1. The present petition is filed by the petitioner praying inter alia for issuance of directions to the respondents to de-seal the ground floor of the property bearing No.D-13, Street No.4, Noore Elahi, Maujpur, Delhi..2. The brief facts of the case as set out in the petition are that on 13.10.2001, the petitioner was granted a meat trade licence by the respondents, which was renewed till 31.3.2006. An inspection of the shop of the petitioner was conducted on 7.5.2010. In the course of the inspection, it was discovered that the petitioner had been unauthorizedly selling banned cow meat from the premises. As a result, the shop w...
Director of Income Tax Vs. Aparna Ashram
Court: Delhi
Decided on: Feb-03-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WTA 10/2006 % Date of Decision : 3rd February, 2012. + WTA 10/2006 DIRECTOR OF INCOME TAX ..... Petitioner Through: Mr.Deepak Chopra and Mr. Harpree Singh Ajmani, Advocates. versus APARNA ASHRAM ..... Respondent Through: Mr.Manu K.Giri, Advocate CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR SANJIV KHANNA,J: (ORAL) These appeals under the Wealth Tax Act, 1957 (Act, for short) relate to assessment years 1988-89 and 1989-90. By order dated 26.02.2007 the following substantial question of law were admitted for WTA 10/2006 Page 1 of 21 consideration: "(i) Whether the provisions of Section 21AA of the Wealth Tax Act, 1957 or Section 21A of the Act are applicable to the facts and circumstances of the case? (ii) In the event it is held that Section 21AA of the Wealth Tax Act, 1957 is applicable to the facts of the case, whether the Income Tax Appellate Tribunal was justified in holding that the Assessee was not liable to we...
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