Delhi Court August 2012 Judgments
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Const. Mukesh Chand Vs. Lt. Governor of Rajasthan and Others
Court: Delhi
Decided on: Aug-16-2012
ManmohanSingh, J. Oral: 1. The petitioner seeks to challenge punishment order dated 23rd June, 1997 passed by the Commandant, 8th Battalion, Rajasthan, respondent No.3 herein, the appellate order dated 20th November, 1997 passed by the Deputy Inspector General of Police, respondent No.2 herein and order dated 6th May, 1998 passed by the Governor of Rajasthan, respondent No.1 herein. 2. The petitioner was working as a constable with the Rajasthan Armed Constabulary at the relevant point of time in July, 1996 he was posted in Delhi for duty at the Delhi High Court building. 3. Because of loss 9 MM pistol, body No.369641, from Kot a Coy, the petitioner and four others were suspended pending enquiry into the matter. On 13th August, 1996 charge sheet was served upon the petitioner alleging three charges which read as under: “1. On 18.7.1996 while he was present at Cot of A Company for weapon cleaning purpose, he fell out of the line and stood near the Cot of E Company. This act amount...
Ramesh Kaushik Vs. the Commissioner of Police, Phq, Mso Building, I.P. ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Aug-14-2012
Order Mrs. Manjulika Gautam, Member (A) The applicant in this OA SI Ramesh Kaushik was posted at PP Pushp Vihar in the year 2001. Two FIRs No.367/2001 and 371/2001 were registered at PS Malviya Nagar, New Delhi. FIR 367/2001 was regarding the custodial death of one Shri Zakir who died due to injuries while in custody at PP Pushp Vihar on 12.05.2001. The applicant in this OA along with four other accused was allegedly responsible for the death while in custody. It was further alleged that the applicant had removed the DD register from PP Pushp Vihar in order to destroy the evidence against him. Accordingly the applicant and other accused persons were tried for offences under Section 304 read with Section 34 IPC and Section 201 read with Section 34 IPC. In the case of second FIR No.371/2001, the challan was filed under Section 380/406/204 IPC. It was alleged that on 15th of May, 2001, the applicant approached the complainant Const. Hari Singh who was working as DD writer on that day and ...
Bhan Khatana Vs. Uoi and Others
Court: Delhi
Decided on: Aug-14-2012
JUDGMENT (ORAL) 1. This writ petition raises a challenge to an order dated 26th July, 2007 whereby the petitioner’s services with the Central Reserve Police Force (‘CRPF’for brevity) were terminated under Rule 6 of the Central Civil Service Rules (‘CCS Rules’for brevity). The petitioner’s appeal challenging the termination was rejected by an order passed on 24th January, 2008 and his revision assailing the same met the same fate by an order passed on 15th May, 2008. 2. The facts leading to the present writ petition briefly stated are that the petitioner was recruited as ‘barber’in the CRPF in March, 2005 after undergoing the complete recruitment process which included the medical examination. The petitioner has drawn our attention to the Medical Board conducted on 30th December, 2006 wherein he was graded as being in Shape-I. 3. The petitioner states that he was suffering from myopia in his eyes. For correction of his vision, he underwent...
Ex. Constable Narender Bahadur Singh Vs. Uoi and Others
Court: Delhi
Decided on: Aug-14-2012
MANMOHAN SINGH, J. 1. The petitioner who in the year 1985 joined BSF as a Constable has filed the present writ petition seeking prayer for quashing the order of dismissal dated 7th October, 1996 passed by a Summary Security Force Court by the Comdt. 25 Bn BSF on a charge under Section 41(e) of Border Security Force Act, 1968 for accepting Rs.20,000/- from one Nanak Chand for procuring enrollment of two persons namely Satbir Singh and Shiv Kumar in BSF. 2. The case of the petitioner is that the provisions of BSF Rule 45 were never complied with by the Commandant and no hearing of the charge was conducted as per the said provision. The charge was wrongly framed under Section 41(e) of the BSF Act, 1968 because even if it is assumed that the petitioner had accepted the bribe, the charge could at best have been framed under Section 420 IPC read with Section 46 of the BSF Act, 1968. 3. It is alleged by the petitioner that the punishment awarded is excessively harsh and disproportionate. The...
New India Assurance Co. Ltd. Vs. Mohinder Singh and Others
Court: Delhi
Decided on: Aug-14-2012
G. P. MITTAL, J. 1. The Appeal is directed against a judgment dated 17.07.2009 whereby while awarding a compensation of Rs.8,46,000/- along with interest @ 7.5% per annum in favour of the First Respondent Mohinder Singh, the Appellant’s plea of conscious breach of the policy on the part of the owner and avoidance of liability by the Insurance Company was rejected. 2. It is urged by the learned counsel for the Appellant that it was established on record that the Respondent No.2 (Mandip Singh), the driver of the two-wheeler involved in the accident, was aged about 16 years at the time of the accident. He was thus not qualified to hold any driving licence. He was challaned for an offence under Section 4 read with Section 181 of the Motor Vehicles Act, 1988(the Act) apart from causing the accident by his rash and negligent driving. The owner did not lead any evidence as to how the driver was entrusted with the two-wheeler. Thus, the Appellant Insurance Company successfully proved th...
Ksl and Industries Ltd and Another Vs. National Textiles Corporation L ...
Court: Delhi
Decided on: Aug-14-2012
VIPIN SANGHI, J. 1. The present three petitions have been preferred by the petitioners KSL and Industries Ltd. (KSL), Jay Bharat Textile and Real Estate Ltd. (Jay Bharat) and Eskay K „n‟it (India) Ltd. (Eskay) under section 9 of the Arbitration and Conciliation Act, 1996 to seek the following reliefs: (a) Stay of the letter dated September 14, 2010 issued by respondent, terminating the MOU dated November 14, 2008 entered into between each of the three petitioners and the respondent National Textile Corporation Ltd. (NTCL). (b) A direction to NTCL not to create any third party right/interest in, and not to dispose off any land machinery and/or any fixed assets of the 11 Textile Mills covered by each of the MOUs (5 covered by the MOU with KSL, 4 covered by the MOU with Eskay and 2 covered by the MOU with Jay Bharat) (c) Direct the NTCL to take all such steps that are necessary to preserve the value of the 11 textile Mills and to furnish a full and complete discharge of all i...
isha Karwasra Vs. Army Hospital and Others
Court: Delhi
Decided on: Aug-13-2012
G.S. Sistani, J. Oral: 1. Present petition has been filed by petitioner under Article 226 of the Constitution inter alia seeking a writ, order or direction in the nature of mandamus to respondent no.1 to admit petitioner in MS (General Surgery) in respondent no.1 college. 2. Rule. 3. With the consent of counsel for the parties writ petition is set down for final hearing and disposal. 4. According to the petitioner admission has been denied to her on account of arbitrary, capricious and unjustified reasons and only on the ground that the petitioner was unable to produce the original documents at the time of counselling. According to the petitioner the original documents could not have been produced forthwith as the said documents were deposited at Sardar Patel Medical College, Bikaner. Petitioner is aggrieved by the action of respondent no.1 by which admission has been granted to respondent no.4 at rank no.63, who is much below in merit to the petitioner at rank no.42. 5. As per the pet...
Raj Kumari Garg Vs. S.M. Ezaz and Others
Court: Delhi
Decided on: Aug-13-2012
Sanjay Kishan Kaul, J. 1. The subject matter of dispute in the present cases is the ground floor of a commercial property on a plot area measuring 92.78 sq.yds. bearing No.23, Defence Colony Market, New Delhi-110024. The leasehold rights in the plot are stated to have been transferred by the Settlement Officer (G.P.B.) Jam Nagar House in favour of one Shri Hans Raj vide a perpetual lease deed dated 31.1.1964. Shri Hans Raj in turn sold the property to Shrimati Raj Kumari Garg, appellant herein, vide sale deed dated 27.8.1974. She raised construction on the same by converting the property to a basement, ground floor, first floor and second floor. The property was mutated in her name by the LandDO vide Mutation letter dated 19.12.1974. The land use is stated to have been changed from residential to commercial in pursuance of a supplement deed dated 18.3.1980 executed in her favour by the LandDO. 2. Shrimati Raj Kumari Garg entered into an agreement to sell and purchase dated 7.7.1998, wh...
Mauvari Nagamani and Others Vs. M/S Ajs Builders(Pvt) Ltd.
Court: Delhi
Decided on: Aug-13-2012
V.K. JAIN, J. 1. By this order, I shall dispose of all the eleven suits, referred to above , since they all involve common issues. CS(OS) No.722/2011 2. The plaintiff in suit no. 722 /2011 Ms. Mauvari Nagamani booked two residential plot admeasuring 240 sq. Yards in AJS City situated on National Highway No. 1, GT Karnal Road, Gaunar, Sonepat (Haryana ) @5950 per sq. Yard and paid a sum of Rs4,30,000/- vide two separate cheques. A further payment of Rs 5,82,800 /- was made by her to the defendant, when called upon to make further payment and thus a total sum of Rs. 10,12,800/- was paid for the plots booked with the defendant. Despite receiving the aforesaid amount from the plaintiff, defendant did not carry out any development work and the plaintiff, therefore, sought refund of entire amount of Rs.10,12,800/- along with interest. The defendant expressed its inability to refund the said amount but persuaded the plaintiff to book an apartment in ‘AJS Hill View Apartments’ co...
Syndicate Bank Vs. R.K. Rohilla (Since Deceased) Through Lrs.
Court: Delhi
Decided on: Aug-13-2012
P.K. Bhasin, J: 1. In this writ petition the petitioner bank(hereinafter to be referred as „the management‟) has assailed the correctness of the award dated 3rd October, 2005 passed by the Central Government Industrial Tribunal-cum-Labour Court(„CGIT‟in short) whereby the respondent-workman(hereinafter to be referred as „the deceased workman‟since he expired during the pendency of this petition and is being represented by his legal heirs) was awarded the penalty of stoppage of four increments service after setting aside the punishment of dismissal from service which had been awarded to him by the management for his having committed certain acts of serious misconduct. 2. The award dated 3rd October, 2005 came to be passed after the following industrial dispute raised by the workman about his dismissal from service was referred by the appropriate Government to CGIT for adjudication:- “Whether the action of the Assistant General Manager, Syndicate...
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