Delhi Court April 2012 Judgments
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Ajay Kumar Narula Vs. Union of India and Others
Court: Delhi
Decided on: Apr-12-2012
ANIL KUMAR,J: 1. The petitioner has challenged the letter dated 15th February, 2000, issued by the Commandant (Staff Selection), Border Security Force, for obtaining option for the permanent absorption of the officers in the Electrical Cadre stipulated in the said letter. 2. The grievance of the petitioner is that the respondents should be stopped from blocking the promotional avenues of the petitioner by bringing outsiders in the cadre of the petitioner. According to the petitioner, there are two different cadres in the Border Security Force, one cadre is called the Engineering Cadre and the other is known as General Duty cadre. 3. In the Engineering Cadre, there are two branches, namely, Civil and Electrical, and the petitioner allegedly belongs to the Electrical Branch of the Engineering Cadre. The petitioner further asserted that on 9th February, 1993, he was appointed as Sub Inspector / Junior Engineer (Electrical) in the Engineering Cadre, as a direct recruit. After working for t...
Saroor Shah Khan Vs. Mohd Mehtab and Others
Court: Delhi
Decided on: Apr-12-2012
VEENA BIRBAL, J: (ORAL) CM No. 21465/2011 (condonation of delay) There is a delay of 12 days in filing the appeal. In view of the reasoning stated in the application, the delay in filing the appeal is condoned. Application stands disposed of. RSA No. 206/2011 1. By way of this appeal under Section 100 CPC, the appellant has challenged the two concurrent judgments i.e. judgment and decree dated 30.09.2009 passed by the learned Civil Judge, Delhi in suit No.220/2009 and the other dated 11.07.2011 passed by learned ADJ, Delhi in RCA No. 90/2009 whereby the appeal challenging the judgment and decree passed by the learned Civil Judge has been dismissed. 2. Briefly, the facts relevant for the disposal of present appeal are as under:- The appellant herein and respondent no. 3 were plaintiffs before the learned trial court and had filed a suit for permanent and mandatory injunction stating therein that respondent no. 3 i.e. plaintiff no.1 before the trial court is the resident of House No. ...
Lalit Mohan Madhan Vs. Lt Governor of Delhi and Others
Court: Delhi
Decided on: Apr-12-2012
PRADEEP NANDRAJOG, J (Oral) 1. With reference to the order dated March 15, 2012, learned counsel for the DDA has produced for our perusal the latest ‘Scheme of Conversion from Lease-hold System of Land Tenure into Free-hold’. The same is effective from March 31, 2011. 2. The revised policy permits floor wise conversion of lease-hold tenure to free-hold tenure. Prima facie read, the policy does not permit lease-hold tenure to be converted into free-hold tenure in a manner where the single identity of a plot gets divided into two separate identities. 3. Having noted as aforesaid, we now deal with the issues raised in the two appeals. 4. Two writ petitions filed by the appellant stand disposed of by a singular order dated August 30, 2011 and this explains the two appeals before us. 5. Late Shri S.C.Goel and Shri Om Prakash Gupta were the joint lessees under DDA, having a lease-hold tenure in respect of a single entity plot bearing Municipal No.B-1/26, Vasant Vihar, New Delhi. ...
Santosh Kumari Khanna Vs. Delhi Development Authority
Court: Delhi
Decided on: Apr-12-2012
HIMA KOHLI, J (ORAL) 1. The petitioner herein registered herself with the respondent/DDA under the New Pattern Registration Scheme, 1979 (in short „NPRS-1979‟) for allotment of a MIG flat on making payment of the registration deposit on 27.09.1979. At the time of submitting the application for registration, she had furnished three addresses. The residential address furnished by the petitioner was, House No.6/15-A, Vijay Nagar, Double Storey, Delhi, where she was residing at the relevant time. Two occupational addresses were given by the petitioner, one was MC Primary School, Masjid Tehwarkhan, Delhi-110006, where she was working as a teacher at that time and from where she had retired on 29.04.2002, the second occupational address was that of her husband, namely, Shri Khushal Chand Khanna, c/o India Shock Absorbers (Regd.), Shop No.45, Khanna Market, Tis Hazari, Delhi, where he was working at the relevant time and continues to work there from till date. In September, 1999, ...
RazuddIn @ Raju and Another Vs. State of the Nct of Delhi
Court: Delhi
Decided on: Apr-12-2012
S.RAVINDRA BHAT (OPEN COURT) 1. The present judgment will dispose of two appeals, preferred against a judgment and order of the learned Additional Sessions Judge, dated 2-11-2010, in SC No. 68/2008. The appellants are aggrieved by the said judgment, which recorded their conviction for the offence punishable under Sections 302/34 IPC and sentenced them to undergo imprisonment for life. 2. The brief facts of the case are that the prosecution alleges that on 29-12- 2007, at about 11.25 AM, PS Bhati Mines, within the jurisdiction of Police Station Mehrauli, thus Police was informed about a dead body lying near Jheel Khurd Mandir, Deara Gaon. PW-15 and PW-21, two policemen, went to see the place; the IO, PW-22 also reached the spot. The body had a ligature mark on the neck; however, the identity of the deceased could not be established. The IO seized two slips, which were exhibited during the trial. One of those slips had two telephone numbers, one of Ashwini and other of Mukesh Shah Pura. ...
Emaar Mgf Construction Pvt. Ltd. Vs. Dda and Others
Court: Delhi
Decided on: Apr-12-2012
PRADEEP NANDRAJOG, J. (Oral) 1. Instant appeal lays a challenge to the order dated December 20, 2010 dismissing appellant’s petition under Section 9 of the Arbitration and Conciliation Act, 1996. 2. Bank guarantees in sum of Rs.183 crores were the subject matter of the said petition filed and relief prayed was to restrain payment under the bank guarantees on the allegation that they were fraudulently invoked. 3. By the time matter came up for hearing before the learned Single Judge and an ex-parte injunction was granted, Rs.90 crores stood already credited to the account of DDA and for the balance Rs.93 crores pay orders had been issued and on account of the interim injunction, the amount pertaining to the pay order was not credited to DDA’s account. 4. Since the interim relief sought by the appellant was ultimately denied, necessitating instant appeal being filed, vide order dated January 07, 2011 the Division Bench directed that said sum of Rs.93 crores would be deposited...
National Building Construction Corporation Vs. Essel Properties and In ...
Court: Delhi
Decided on: Apr-12-2012
RAJIV SHAKDHER, J 1. This appeal is directed against the order of the learned Single Judge dated 25.07.2006 passed in OMP No. 245/2001. By virtue of the impugned judgment the appellant's objections have been dismissed and the award dated 04.05.2001 has been sustained. 2. The disputes between the appellant and the respondent (hereinafter collectively referred to as the parties) arise broadly in the following background:- 2.1. In 1988, the appellant invited tenders for construction of Navodaya Vidyalaya at Pabra, Distt. Hisar, Haryana. The project involved construction of the following: (i) Main building (first phase of the Navodaya Vidyalaya) (ii) Carrying out of external development work; and (iii) lastly, construction of overhead RCC Tanks [hereinafter collectively referred to as the project] 2.2. The tender was won by the respondent, and accordingly, a Letter of Intent (LOI) dated 14.06.1988 was issued in favour of the respondent. The time frame stipulated for execution of the projec...
Ram Kishan Verma Vs. Govt. of Nct of Delhi Through Its Chief Secretary ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Apr-11-2012
Sudhir Kumar, Member (A) 1. The applicant, in this OA, is before us aggrieved by the Order/Circular dated 29.04.2010 (Annexure A-8) issued by the respondent authorities whereby it has been notified that the service rendered by any teacher/official in any Aided School, before his/her absorption in the Directorate of Education, shall not be counted for the purpose of grant of financial upgradation under the ACP/MACP Schemes. He has prayed for relief in this OA as follows:- “i) To direct the respondents to grant the financial upgradation after the completion of requisite length of service under the ACP/MACP scale as the same was granted by this Hon’ble Tribunal in similarly situated persons in OA No.1761/2010 titled as Rati Ram Singh and Ors. Versus Govt. of NCTD and Others; To direct the respondents to re-fix the pay scale of the applicant from the date requisite for completion of 2nd ACP i.e. in the year 1996 and thereafter in the year 2008 respectively with entire arrears&#...
Ved Prakash Sharma Vs. the Union of India Through the Secretary, M.O.C ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Apr-11-2012
Dr. Ramesh Chandra Panda Member (A) 1. By this OA, Shri Ved Prakash Sharma, the applicant herein, prays for the following relief(s):- “1. To quash and set-aside the impugned orders to the extent the applicant has been found to be not qualified for promotion to the cadre of Postmen in the Departmental Examination held on 26.7.2009 against the Departmental quota of vacancies (Ann-1 and 1-2); 2. To direct the Respondent NO.2 to reconsider the case of the applicant with regard to evaluation/re-evaluation of the Answers given by him to the Questions NO.2 2,6,5 and 7 (b) of paper-II in particular in view of the submissions made by him in para 7 of his petition dated 22/3/2010 and grant promotion to the cadre of Postmen against the departmental quota of vacancies under the Recruitment Rules; 3. To grant all consequential benefits in respect of reliefs prayed for at Sl.NO.1 and 2 above; 4. To grant such other or further relief as this Hon’ble Tribunal deem fit in the interest of ju...
Manjeet Singh and Others Vs. Govt. of Nct of Delhi, Through the Chief ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Apr-11-2012
G. George Paracken, J. 1. All these three Original Applications are identical in nature and, therefore, they are disposed of by this common order. All the applicants are aggrieved by the Office Order No. 467 (F.No. 30/135/2011/S.I.) dated 19.10.2011 issued by the Services Department of the Govt. of NCT of Delhi Respondent No. 2. By the said order, 106 Grade-I (DASS) have been appointed with immediate effect, on ad hoc and emergent basis, against ex-cadre post of DANICS carrying higher responsibilities, for a period of six months or till further orders or the posts are filled up on regular basis. The grievance of the applicants is that their names have not been included in the aforesaid order though their juniors have been included. 2. The respondents have filed their reply in all these O.As. In O.A 390/2012, they have given the following three reasons in the impugned order dated 19.10.2011 for not including the name of the applicant therein: (1) An FIR No. 72 dated 23.03.2009 u/s...
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