Delhi Court August 2012 Judgments

Sriram General Insurance Co. Ltd. Vs. Mahipal Singh and Others

Court: Delhi

G. P. Mittal, J. Oral: 1. The Appeal is for reduction of compensation of Rs.7,54,792/- passed by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Naresh Kumar who died in a motor vehicle accident which occurred on 13.10.2010. 2. A short ground raised during the hearing of the Appeal is that the Claimants did not lead any evidence with regard to the deceased’s future prospects. The Claims Tribunal erred in making addition of 50% in the minimum wages on the basis of which the loss of dependency was computed. 3. On the other hand, it is urged by the learned counsel for Respondents No.1 to 4 (the Claimants) that the deceased was a young boy, aged 21 years. The Claims Tribunal was, therefore, justified in making an addition of 50% towards the future prospects/inflation. 4. This Court in Rakhi v. Satish Kumar and Ors. (MAC. APP. 390/2011) decided on 16.07.2012, referred to the reports of the Supreme Court in General Manager, Kerala State Road Transport Corporat...

Amit Rahi Vs. Jawahar Lal Nehru University Through Its Vice Chancellor ...

Court: Delhi

G.S. Sistani, J. Oral: 1. Present writ petition has been filed by petitioner seeking a direction to respondent to grant direct admission to the petitioner in its Ph.D (Biotechnology) course for which he has been selected vide letter no.Admissions/13(ii)/2011-12 dated 29th July, 2011. It is further prayed that a direction may also be issued to the respondent University to provide the marks (subject wise) secured by the petitioner in M.Sc. 2. As per the petition, the petitioner completed his M.Sc in Biotechnology from Jawahar Lal Nehru University, respondent no.1, in the year 2008. The petitioner secured 5.59 points as cumulative grade point average out of maximum of 9 points on the grading scale. On completion of his M.Sc the petitioner was appointed as Junior Research Fellow in the Project titled as “Programme Cell ….. Diseases” on 15.5.2007, which was further extended till the completion of the project. In the year 2008, petitioner was again appointed as Junior Resea...

Smt. Neetu Gupta Vs. Government of Nct Delhi, Through Its Chief Secret ...

Court: Central Administrative Tribunal CAT Delhi

ORDER Mr. Sudhir Kumar, Member (A): 1. OA No.4586/2011 with MA No.385/2012 was heard on 12.04.2012 and reserved for orders. OAs No. 2857/2011, 2858/2011 and 2961/2011 were also heard the very next day on 13.04.2012 and reserved for orders. The subject matter of these four cases being the same, and this being the third round of adjudication before this Tribunal, they are being disposed of through a common order. 2. The issue in these four cases is that if the applicant against a particular advertisement for the post of a Teacher, which prescribes a specific qualification of Bachelor’s Degree in a subject to have been obtained before the cut off date, (which is normally the last date for filing of applications by any candidate), with studies in the relevant subject (for teaching which the application has been filed) having been prescribed to have been included in all the three years of the course of studies of the prescribed Bachelor’s Degree, can be considered to be eligible...

Dr. O.N. Shukla Vs. Union of India Through the Secretary Ministry of E ...

Court: Central Administrative Tribunal CAT Delhi

Order Mrs. Manjulika Gautam, Member (A) This OA has been filed by the applicant seeking the following reliefs: (i) That the Hon’ble Tribunal may graciously be pleased to pass an order of quashing the impugned orders dated 14.2.2011 and dated 8.12.2009 (A/1 and A/4), declaring to the effect that the same are illegal, unjust and arbitrary and consequently, pass an order directing the respondents to grant the revised pay scale in PB-3 with GP Rs.5400/- to the applicant w.e.f. 1.1.2006 with all the consequential benefits including the arrears of difference of pay and allowances. 2. The facts of the case are that the applicant was appointed on the post of Hindi Officer in Indian Institute of Tropical Meteorology (IITM) on 14.02.2007 and is presently also working on the same post. IITM is an autonomous institution under the Ministry of Earth Science, Government of India. When the applicant was appointed on 14.02.2007, the post of Hindi Officer was in the pay scale of Rs.6500-10500/- in...

M/S. Sonali Traders Vs. Commissioner of Customs Allahabad

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Per Archana Wadhwa (for the Bench): 1. After hearing both sides, I find that officer of Customs (Prev) containing 15 bags of Cut betel nut on 1.9.09 lying with the parcel office, Railway Station, Mugal Sarai for further investigation. Said goods were examined by officers on 4.9.09 and were found to be 1200 Kg. of betel nut totally valued of Rs.60,000/-. The officers obtained a trade opinion on 5.9.09 which revealed that the seized betel nut were of foreign origin. Further, inasmuch as nobody claimed the ownership of the said betel nuts, a show cause notice was issued to the ‘whomsoever it may concern’ proposing to confiscate the seized betel nuts and to impose penalty. 2. Subsequently, a letter dated 21.12.09 was addressed by the appellant to the Assistant Commissioner owning the said 15 bags of supari. It was also submitted that the same is a produce of West Bengal and were duly assessed by market commodity. In response to the said letter, the appellants were summoned to ...

M/S. Aryan Coal Benefications Pvt. Ltd Vs. Commissioner of Service Tax ...

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

ORAL ORDER Per Archana Wadhwa (for the Bench): 1. The issue required to be decided in the present appeal is as under:- (i) Whether the beneficiation of coal activity carried out by the appellant is covered by the category of Business auxiliary services, thus making the appellant liable to pay Service Tax. (ii) Whether the activity of loading /unloading of the coal carried out by the appellant for bringing the coal into washery fall under the category of cargo handling services. (iii)  Whether the show cause notice issued on 7.9.06 for the period 16.8.02 to 31.3.06 is barred by limitation. 2. The Commissioner vide his impugned order has confirmed the demand of Rs.16,53,19,593 (Rupees Sixteen crore fiftythree lakh nineteen thousand five hundred nintythree only) against the appellant by holding that the activity of washing the coal falls under the Business auxiliary services. Another amount of Rs. 85,97,773/- (Rupees Eightyfive lakh ninetyseven thousand seven hundred seventythree o...

Pawan Anand and Another Vs. Director General of Health Services and Ot ...

Court: Delhi

Reported in: 2012(3)KLT793

Rajiv Shakdher, J. 1. By virtue of this writ petition the petitioner seeks to assail the original order passed by respondent no. 2 dated 07.06.2012 and the appellate order passed by respondent no. 1 dated 21.06.2012. Suffice it to say that the mother of petitioner no. 1 appears to be suffering from liver cirrhosis and that there is an urgent need for liver transplant. Petitioner no. 2 is the proposed donor. 2. For this purpose the petitioner says that he has obtained requisite permission including a NOC from the Organ Transplantation Committee constituted by the State of U.P, and a NOC from the District Magistrate, AGRA. Reliance is also placed by the petitioner on a certificate issued by the then Mayor of Agra and the recommendation obtained from professor Rama Shankar Katheria, Member of Parliament, AGRA. The petitioner has also placed reliance on the opinions of Dr. Manav Wadhawan and also that of Dr. Subhash Gupta. 2.1 Dr. Subhash Gupta, I am told is the doctor who has been identif...

Bharatiya Adimjati Sevak Sangh Vs. Lt. Governor of Delhi and Others

Court: Delhi

Reported in: 2012(4)LLN666

1. By way of the present petition the Petitioner impugnes the award dated 1st May, 2002 whereby the learned Presiding Officer, Labour Court has directed reinstatement of Respondent Nos. 4, 5 and 6 with 40% back wages and continuity of service. 2. Learned counsel for the Petitioner contends that the primary issue raised by the Petitioner that it was not an industry was virtually glossed over by the learned Trial Court and the Petitioner was held to be an industry though the Petitioner is doing charitable work and is wholly dependent on the grants and aids received from Government of India. Reliance is placed on Banglore Water Supply and Sewerage Board Vs. A. Rajappa and Ors. (1978) 2 SCC 213. The Petitioner/society is running mostly by voluntary workers who do not charge any money, though a honorarium of Rs. 1200/- per month is paid for their livelihood. The society is working for the upliftment of tribals and one of the major functions of the society is running crches for the children ...

Puneet Rao Vs. Hindustan Petroleum Corporation Ltd. and Others

Court: Delhi

RAJIV SHAKDHER, J. 1. The petitioner seeks to secure for himself distributorship of non-domestic LPG, in respect of which, offers were invited by respondent no. 1 (hereinafter referred to as HPCL) in March, 2011. The petitioner having failed to secure the distributorship has challenged in the present writ petition not only the result of the interview held by HPCL as being contrary to the rules prescribed by HPCL in its brochure for selection of HP Gas Distributors (hereinafter referred to as the brochure) but also the selection of respondent no. 3 who is the successful candidate. 2. The challenge, shorn of verbiage is essentially based on the provisions of the brochure, in particular, clause 15 of the said Brochure which provides for a display of the results obtained by various applicants on the notice board of the interviewing office of the HPCL. The said Clause mandates giving names of those candidates who secured a place in the merit panel. The names, as per clause 15 of the brochur...

Brig. Bibhuti Bhusan Vs. Union of India and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

BY CHAIRPERSON: 1. Petitioner by this petition has prayed that proceedings of the Court of Inquiry be quashed / set aside being illegal and violative of the provisions of Army Rule 177 and the Regulations for the Army Para 518. It is also prayed that DV Ban imposed on the applicant, based on the Court of Inquiry, be also quashed and he be promoted to the rank of Maj Gen against the first vacancy arising in the corps of EME being 1st in the list of empanelled Officers. 2. Petitioner was commissioned in the Corps of EME on 13.6.1981 with reckonable seniority w.e.f. 13.6.1979 and petitioner with his professional competence rose upto the rank of Brigadier. The petitioner also topped the 'Officers' Advance Armament Course (OAAE) and also completed LDMC (Long Defense Management Course) with distinction and presently undergoing the Advance program in Public Administration Couse at IIPA, New Delhi. 3. While petitioner was Commandant No.1 EME Centre, Secunderabad from Mar 2008 to Feb 2011. Duri...