Delhi Court March 2012 Judgments

Ex.Uttam Navik Dalbir Singh Vs. Union of India and Others

Court: Delhi

ANIL KUMAR, J. 1. The petitioner has challenged the disciplinary proceedings of the Coast Guard held against the petitioner from 2nd June, 1997 to 6th June, 1997 and has sought the quashing of order dated 6th June, 1997 passed by the respondent No.3 imposing the punishment of six months rigorous imprisonment on the petitioner and dismissing him from service. The petitioner has also sought the quashing of order dated 20th August, 1997 dismissing the appeal of the petitioner. 2. Relevant facts to comprehend the disputes are that the petitioner was employed in the coast guard as an Uttam Navik and on 30th March, 1997 he was posted to the ship named Vajra. According to the petitioner, the Commandant K.B.L.Bhatnagar, who was also performing the duties of the Executive Officer, had directed the petitioner to attend the duties on the ship on 30th March, 1997, which was a Sunday and he had not protested against the same. 3. According to the petitioner, on the very same day of 30th March, 1997...

Govind Goenka Vs. Dayawati and Other

Court: Delhi

Reported in: 2012(2)TNMAC105

KAILASH GAMBHIR, J. 1. By this appeal filed under Section 30 (1)(c) of The Workmen’s Compensation Act, 1923, the appellant seeks to set aside the order dated 04.11.2009 whereby the Commissioner, Workmen’s Compensation Act has awarded a sum of Rs. 2,63,630/- in favour of the claimant Smt.Dayawati/respondent herein towards death compensation of the deceased Bhikam Singh @ Jagdish besides awarding a sum of Rs 2,500/- towards funeral charges in terms of Section 4(4) of The Workmen’s Compensation Act, 1923. 2. Brief facts of the case relevant for deciding the present appeal are that on 04.05.2004, the present appellant engaged one contractor named Saleem to do some repairs and alterations in his shop bearing No.A-94, Kamla Nagar, Delhi and for doing the said job the said contractor brought some labourers alongwith him and the deceased Bhikam Singh @ Jagdish was one of the labourers employed by him to carry out the said job. That on 08.05.2004, the deceased Bhikam Singh @ J...

Srm Exploration Pvt. Ltd. Vs. N and S and N Consultants S.R.O.

Court: Delhi

RAJIV SAHAI ENDLAW, J. 1. The appellant appeals against the judgment dated 4th March, 2011 of the Learned Company Judge in the Co.Pet.No.248/2009 preferred by the respondent under Section 433(e) r/w Section 434 of the Companies Act, 1956 whereby Provisional Liquidator of the appellant Company has been appointed and the Directors and officers of the appellant Company have been restrained from selling, parting with possession or creating third party interest in respect of moveable and immovable properties/assets of the appellant Company. Notice of this appeal was issued and on 13th September, 2011 the counsel for the respondent gave an assurance that further hearings of the company petition before the Learned Company Judge would be got adjourned and the Official Liquidator may not takeover charge of the assets of the appellant till the disposal of this appeal. 2. The respondent, in the company petition aforesaid, averred the appellant to be unable to pay its debts of 215,375,000 - CZK (...

S.S. Kapoor Vs. National Building Construction Corporation Ltd. and An ...

Court: Delhi

1. By this common judgment the objections filed by National Building Construction Corporation Limited (‘NBCC’) as well as S.S. Kapoor, Sole Proprietor of M/s. Jit Electricals under Sections 30 and 33 of the Arbitration Act, 1940 (‘Act’) against the Award dated 1st April 2006 passed by the learned Sole Arbitrator are being disposed of. 2. The impugned Award was passed in the disputes between the parties arising out of the contract for the work of external electrification on labour rate basis at Baniwalid, Libya that was awarded by NBCC to M/s. Jit Electricals for the value of Libyan Dinar (LD) 154,953.600 and for which an agreement was signed on 22nd June 1981. 3. The Notice Inviting Tender (‘NIT’), the Letter of Intent (‘LOI’), letters of Jit Electricals dated 18th August 1980 and 6th November 1980, the Acceptance Letter as well as the Agreement formed part of the contract between the parties. In terms of para 13 of the LOI, the contract ...

Shashi Bala Vs. Rajiv Arora

Court: Delhi

KAILASH GAMBHIR, J. 1. By this appeal filed under section 28 of the Hindu Marriage Act, 1955, the appellant seeks to challenge the impugned order and decree dated 12.2.2001 passed by the learned Trial Court whereby a decree of divorce in favour of the respondent husband under Section 13(i)(a) of the Hindu Marriage Act was granted and the counter claim filed by the appellant seeking a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act was dismissed. 2. Brief facts of the case relevant for deciding the present appeal is that the marriage between the parties was solemnized on 17.2.1991 according to Hindu rites and ceremonies. It was stated by the husband in his divorce petition that after the solemnization of the marriage, right from the inception, the attitude of the appellant was indifferent and she complained that the marriage had not been solemnized with a man of her taste. As per the respondent husband, the appellant had refused to participate in the ...

Guru Harkrishan Public School Vs. S.K. Shukla

Court: Delhi

RAJIV SAHAI ENDLAW, J. 1. The appellant School impugns the judgment dated 05.10.2011 of the learned Single Judge in W.P.(C) No.3771/2001 preferred by the respondent, earlier employed as Trained Graduate Teacher (TGT) (Music) with the appellant School and whereby the learned Single Judge has converted the punishment, of removal from service meted out to the respondent to that of “severe” warning for dereliction of duty and directed reinstatement of the respondent with 25% of the back wages. Notice of this appeal was issued and implementation of the impugned judgment stayed. Litigation expenses were got paid to the respondent. The counsels have been heard. 2. The appellant claims to be an unaided minority School run by the Delhi Sikh Gurdwara Prabandhak Committee (DSGPC) and terms and conditions of service of whose employees are governed by the contract of service. The respondent was employed with effect from 01.11.1994 and had also signed a Contract of Service. In January, ...

Sher Singh Dagar Vs. Dr. Yoganand Shastri and Others

Court: Delhi

 V.K. JAIN, J. 1. Election petition No.12/2009 has been filed by Mr. Sher Singh Dagar, challenging the election of respondent No.1, Dr. Yoganand Shastri to the Delhi Legislative Assembly, from constituency No. AC-45, Mehrauli, elections where were held on 29.11.2008. The election has been challenged inter-alia on the grounds that:- (i) respondent No.1 himself, and his agents and workers with his consent, made an appeal to Muslim voters to vote for him, on ground of race community and religion and the voters were made to excite the religious sentiments and thereby respondent No.1 committed corrupt practice. ii) respondent No.1 himself, and his agents and workers with his consent, made an appeal to Jatt voters to vote for him on the ground of race, community and cast and to refrain from voting for the petitioner. (iii) respondent No.1 himself, and his agents and workers with his consent, hired and procured transport for the conveyance of the voters to the polling stations and back ...

Sep./Skt D.K. Sharma Vs. Union of India and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

1. This petition was initially filed before the Honble High Court of Delhi as WP(C) No.2864 of 1997. Thereafter, it was transferred to the Armed Forces Tribunal on 07.09.2009 and was registered as TA No.310/2009. 2. Vide this petition, the applicant has prayed that the impugned orders dated 27.02.1993 for convening DCM, order/judgment passed therein dated 16.04.1993 convicting and sentencing the applicant, and the order dated 24.06.1993 confirming the same sentence by the Brigade Commander be set aside and the respondents be directed to grant promotion to the applicant in the rank of Havildar with retrospective effect as the applicant was demoted in lower rank after the aforesaid conviction and punishment with all consequential relief. 3. Brief facts of the case are that the applicant was posted at 92 Base Hospital (BH) w.e.f. 26.04.1992. The applicant was holding the rank of Havildar and was performing the duties of NCO/SKT incharge of POL Store and Clothing. 4. It is submitted that o...

V.K. Bhambani Vs. Union of India and Others

Court: Central Administrative Tribunal CAT Delhi

ORAL: 1. This OA has been filed challenging the transfer order dated 24.12.2010 by which he was transferred from NCMRWF, Noida/Estt. (Reserve) and posted at the Centre for Living Resources and Ecology (CMLRE), Kochi and the order dated 10.01.2011 by which his representation dated 28.12.2010 against the transfer was rejected and he was relieved from his assignment. 2. At the time of hearing, learned counsel for the applicant submits that the applicant is a member of Central Secretariat Stenographer’s Service (CSSS) and the DoPandT is the cadre controlling authority for him. He was promoted to the rank of Steno Grade ‘C’ (PA) in the erstwhile Ministry of Science and Technology and taken on the strength of the Ministry of Earth Sciences on 01.10.2007. He was posted to NCMRWF, Noida and was working at that office. His services were placed at the disposal of Ministry of Home Affairs on 15.11.2010 (Annexure A-2). The Ministry of Home Affairs (MHA) did not accept it on the g...

Commissioner of Customs and Central Excise, Indore Vs. M/S. Venus Allo ...

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Per Archna Wadhwa, J. 1. Being aggrieved with the order passed by the Commissioner vide which he has vacated the show cause notice issued to the respondents, the Revenue has filed the present appeal. 2. We have heard Shri R.K. Verma, learned DR for the Revenue and Shri K.K. Anand, Advocate appearing for the respondent. 3. As per facts on record, the respondents are engaged in the manufacture of MS ingots falling under Chapter 72 of the Central Excise Tariff by melting sponge iron and MS scrap in the induction furnace of 3MT capacity installed in their factory. The respondents factory was visited by the Central Excise officers on 25.3.06, who conducted verification. The consumption of electricity was examined for the financial year 2005-2006 vis-a-vis production of their final product. The officers entertained a view that power consumption for the manufacture of per MT of ingots was ranging between 1159.72 to 2019.37 units in the year 2005-2006. 4. The bills raised by M.P. State Electr...