Delhi Court July 2012 Judgments
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Dda and Another Vs. Smt. Bishan Devi and Others
Court: Delhi
Decided on: Jul-02-2012
S. Ravindra Bhat, J. 1. This common judgment will dispose of LPA 47/1994 and W.P.(C) 2549/2010. The appeal is directed against the judgment of the learned Single Judge in CWP 654/1980. The appellant is the Delhi Development Authority (hereafter referred to as “the DDA”), and the respondent in the appeal are the heirs of the original writ petitioners (hereafter referred to as “the original land owners”). The writ petitioner (in WP (C) 2549/2010, hereafter “Gupta Machine Tools”) claims a direction to the effect that the lands which are the subject matter of the appeal, were never acquired in accordance with law and seeks consequential directions. The said writ petitioner claims rights through the original landowners. 2. The facts necessary for deciding the appeal and the petition are that on 13.11.1959, a notification was issued under Section 4 of the Land Acquisition Act, 1894 proposing to acquire a vast tract of land which included the lands of the o...
Sat NaraIn Vs. State (Govt of Nct) of Delhi
Court: Delhi
Decided on: Jul-02-2012
S. Ravindra Bhat, J. 1. The appellant (referred to hereafter as such or as Sat Narain) impugns a judgment and order of the learned Additional Sessions Judge in SC. No. 75/2012 by which he was convicted for the offence punishable under Section 302/34 IPC, and sentenced to undergo rigorous imprisonment for life, besides other sentences. 2. The prosecution case in brief is that on 13.01.2004 P.S. Punjabi Bagh received intimation, DD No. 8A about a missing person. ASI Beer Singh along with Constable Jabbar Singh went to Transport Centre Road Carrier of India, Punjabi Bagh and inquired about Truck No HR 38A-2940. During search of the missing truck, intimation was given to the PCR and information was received that the said truck was found in Malviya Nagar. The police party went to Malviya Nagar and found one Sh. Kapil Rastogi near the truck. His statement was recorded in which he said that the said truck belongs to his transport company. On 11.01.2004, his driver Nagender Kumar Dubey and hel...
Dinesh Aggarwal and Another Vs. Dri
Court: Delhi
Decided on: Jul-02-2012
V.K. Shali, J. 1. This is a writ petition under Article 226/227 of the Constitution of India read with Section 482 Cr.P.C. seeking quashing of the Criminal Complaint No.25/1/03 titled V.P. Sharma, Intelligence Officer, DRI vs. M/s. Siddhartha Polymers Ltd. (now known as Siddharth Asia Ltd.) and Ors., under Sections 132 and 135 (1) (a) of the Customs Act, 1962. 2. Briefly stated, the facts of the case are that pursuant to the general investigation carried out by the DRI against the import of Poly Carbonate Sheets (PC Sheets) under Open General License into India being imported by various importers, a raid was conducted on the petitioners. After conducting the raid, a show cause notice was issued against the petitioners on 31.3.2003 in substance alleging that they had mis-declared the goods inasmuch as the importer, namely, the petitioners had stated on 1.2.2003 that the PC Sheets imported by them were made by extraction process of scrap indicating that the declaration made by them to th...
National Insurance Co. Ltd. Vs. Manju Bansal and Others
Court: Delhi
Decided on: Jul-02-2012
G. P. Mittal, J. 1. The Appellant National Insurance Co. Ltd. takes exception to the judgment dated 01.05.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.2,45,000/- for the death of Sushil Kumar Bansal, the Appellant’s plea of limited liability to the extent of Rs.50,000/- in terms of contract of insurance between the Appellant and the insured i.e. Respondent No.5 owner of TSR No. DER 9685 was rejected. The Appellant Insurance Company was directed to pay the entire compensation of Rs.2,45,000/- as awarded by the Claims Tribunal. 2. MAC. APP. No.193/2012 are the Cross-Objections filed by the Respondents No.1 to 3 for enhancement of compensation on the ground that the deceased’s income was considered to be Rs.1,200/- per month as against the claim of Rs.2,000/- per month and appropriate future prospects were not granted. It was averred that the income should have been doubled considering the future prospects ...
Sandeep Bhandari Vs. State Nct of Delhi
Court: Delhi
Decided on: Jul-02-2012
S. Ravindra Bhat, J. 1. This appeal is directed against the judgment of the learned Additional Sessions Judge dated 10.09.2010 and the order on sentence dated 13.09.2010 in SC No.200/2007 whereby the appellant was convicted for committing offences punishable under Sections 302 and 201 IPC, and sentenced to undergo imprisonment for life and five years’ rigorous imprisonment, besides payment of fine. 2. The prosecution case is that the appellant killed his mother, Kamla, in the late morning of 03.10.2005. The police received first intimation about this at 12.14 noon (Ex.PW-9/A). PW-5, Constable Naresh Kumar, with the IO, PW-15, SI Sunil Kumar went to the place of incident where PW-1, Bhupinder Singh handed-over the present appellant. The FIR was registered upon the statement of the first informant, PW-1, Bhupinder Singh. The informant, PW-1 was a property broker and had his office at G-7/85, Sector-15, Rohini. He stated that on 03.10.2005 at 12.00 noon, he was present in his office...
Coastal Andhra Power Limited Vs. Andhra Pradesh Central Power Distribu ...
Court: Delhi
Decided on: Jul-02-2012
1. Coastal Andhra Power Limited (‘CAPL’) has filed this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Act’) against the Andhra Pradesh Central Power Distribution Company Limited (‘APCPDCL’), Andhra Pradesh Southern Power Distribution Company Limited (‘APSPDCL’), Andhra Pradesh Eastern Power Distribution Company Limited (‘APEPDCL’) and Andhra Pradesh Northern Power Distribution Company Limited (‘APNPDCL’) as well as seven other State Electricity Boards in Karnataka, Maharashtra and Tamil Nadu arising out of a Power Purchase Agreement (‘PPA’) dated 23rd March 2007 executed between the parties. 2. The background to the present petition is that the Government of India intended to set up nine Ultra Mega Power Projects (‘UMPPs’) at various places in the country. As per the UMPPs Policy, the Petitioner CAPL was registered as a 100% subsidiary of the Power Finance Corporat...
National Insurance Co. Ltd. and Others Vs. R.K. JaIn and Others
Court: Delhi
Decided on: Jul-02-2012
G. P. Mittal, J. 1. These two Appeals (MAC APP. No.346/2010 and MAC APP. No.279/2011) arise out of a judgment dated 22.03.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.3,03,883/- along with interest @ 8% per annum was awarded in favour of R.K. Jain who suffered injuries in a motor accident which occurred on 21.07.1999. 2. For the sake of convenience, the Appellant National Insurance Co. Ltd. (Appellant in MAC APP. No.346/2010) shall be referred to as the Insurance Company, whereas the Cross-Objectionist (MAC APP. No.279/2011) shall be referred to as the Claimant. 3. On 21.07.1999, the Claimant was driving down his car No.DL-3CG-4426 from Bharatpur to Delhi. A truck No.RJ-25G-0104 while being driven in a rash and negligent manner by the Second Respondent hit the Claimant’s car from behind; as a result of the forceful impact windscreen of the Claimant’s car broke into pieces. Some of the screen pallets pierced on to the f...
Dabur India Limited Vs. Shree Baidyanath Ayurved Bhawan Pvt. Ltd.
Court: Delhi
Decided on: Jul-02-2012
MANMOHAN SINGH, J. 1. The Plaintiff has filed the present suit alleging infringement of copyright and passing off in respect of the Defendant’s product, “Shilajit Gold”. The Plaintiff has also filed an application seeking interim injunction restraining the Defendant from using Defendant’s product pending trial in the matter. Both parties have made their respective submissions. By this order, I propose to decide the pending interim application being IA No. 6255/2012 (Order XXXIX Rule 1 and 2 read with Section 151 CPC). CASE OF THE PLAINTIFF 2. The present suit pertains to trade mark comprising trade dress and get-up of DABUR SHILAJIT GOLD packaging which has been advertised and sold extensively since 2006. 3. Packagings used by the plaintiff in the year 2006 and since August, 2010 are scanned and reproduced hereunder: “Picture” It appears that substantially both packaging as shown are almost similar. 4. As per the case of the plaintiff, the said pac...
Sh. Om Lat Vs. Union of India and Others
Court: Delhi
Decided on: Jul-02-2012
ANIL KUMAR, J. 1. The petitioner, a Sepoy, of the Indian Army who had been discharged pursuant to orders dated 8th December, 2010 and 26th April, 2011, has challenged the said orders and has sought the quashing of the same and has also sought directions to the respondents to reinstate him in the service with all consequential benefits including continuity of service, seniority, back wages etc. 2. Relevant brief facts to comprehend the controversies are that the petitioner was enrolled in the Rajputana Riffles Regiment in the Indian Army as a Sepoy on 22nd December, 2003. After his training he was posted to 15 Rajputana Riffles Battalion on 4th January, 2005. 3. While posted with the 15 Raj Rif, the petitioner sought leave on account of his alleged domestic problems. Though the leave was declined to him, the petitioner thought that his domestic problems were too compelling and in utter defiance of discipline, he left the unit without leave on 28th July, 2005 and rejoined on his own on ...
Union of India and Another Vs. B.A. Dhayalan
Court: Delhi
Decided on: Jul-02-2012
ANIL KUMAR, J. 1. The petitioners have challenged the judgment dated 13th July, 2010 passed by the Central Administrative Tribunal, Principal Bench, quashing the charge-sheets dated 12th November, 1999 and 11th October, 2004, as well as the subsequent proceedings initiated against the respondent and directing the petitioners to open the sealed cover adopted in the case of the respondent, and in case he is found to be fit, then as per recommendations of the DPC, to promoted him with all consequential benefits. 2. Brief facts as contended by the petitioners are that the respondent is a 1980 batch officer of the Indian Defense Estate Service and is working in the Directorate of Defense Estate. He had joined the service on 28th January, 1981 and in June 1983, he was promoted to the post of Senior Time Scale. Thereafter, he was also promoted to the post of JAG Selection Grade in 1998, which is when he was working as Defense Estates Officer (DEO), Secunderabad, after completing his tenure o...
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