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Delhi Court January 2013 Judgments

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Jan 23 2013

Sh. Surender Chahar Vs. the Govt. of Nct of Delhi and ors

Court: Delhi

Decided on: Jan-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: January 23, 2013 + W.P.(C) 8667/2011 SH. SURENDER CHAHAR ..... Petitioner Represented by: Mr.Nilansh Gaur for Mr.Shanker Raju, Advocate versus THE GOVT. OF NCT OF DELHI AND ORS ..... Respondents Represented by: Mr.Hemant Yadav for Mr.H.S.Sachdeva, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.1. The writ petitioner responded to an advertisement issued by the Commissioner of Police for being appointed as a Constable (Driver) in the year 2009. He was successful at the selection examination conducted and was called upon to fill the attestation form which petitioner filled up on January 09, 2010. He truthfully disclosed the correct facts that he was never named as an accused for having committed any offence.2. Unfortunately for the petitioner, one Shanker Lal lodged a complaint on February 09, 2010 at P.S. Khandela, District Sikkar, Rajasthan pursuant whereof FIR No.1...


Jan 23 2013

Jitender @ Kalia Vs. the State (Nct of Delhi)

Court: Delhi

Decided on: Jan-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d January, 2013 + CRL. M.C. 253/2013 JITENDER @ KALIA Through: ..... Petitioner Mr. Bankim K. Kulshrestha, Adv. versus THE STATE (NCT OF DELHI) ..... Respondent Through: Ms. Jasbir Kaur, APP for the State. ASI Ram Goal, PS Mukherjee Nagar. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Petition is dismissed in terms of the judgment passed today in CRL.M.C. 249/2013 titled JITENDER @ KALIA v. THE STATE (NCT OF DELHI).2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE JANUARY 23 2013 vk...


Jan 23 2013

National Insurance Company Ltd. Vs. Hemant Kochar and ors.

Court: Delhi

Decided on: Jan-23-2013

$~30 to $~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. d January, 2013 CM(M) 95/2013 NATIONAL INSURANCE COMPANY LTD. ..... Petitioner Through: Ms. Shantha Devi Raman, Adv. versus HEMANT KOCHAR & ORS. ..... Respondents Through: NEMO. AND + CM(M) 96/2013 NATIONAL INSURANCE COMPANY LTD. ..... Petitioner Through: Ms. Shantha Devi Raman, Adv. Versus SHASHI CHANDEL & ORS. ..... Respondents Through: NEMO. AND + CM(M) 97/2013 NATIONAL INSURANCE COMPANY LTD. ..... Petitioner Through: Ms. Shantha Devi Raman, Adv. versus KALPANA & ORS. ..... Respondents Through: NEMO. AND + CM(M) 98/2013 NATIONAL INSURANCE COMPANY LTD. ..... Petitioner Through: Ms. Shantha Devi Raman, Adv. versus PRABHATI DEVI & ORS. Through: NEMO ..... Respondents AND + CM(M) 99/2013 NATIONAL INSURANCE COMPANY LTD. ..... Petitioner Through: Ms. Shantha Devi Raman, Adv. Versus PREETI MEHRA & ORS. ..... Respondents Through: NEMO AND + CM(M) 100/2013 NATIONAL INSURANCE COMPANY LTD. ..... Petitioner Thr...


Jan 23 2013

Ganga Yamuna Finwest Pvt. Ltd. Vs. National Stock Exchange of India Lt ...

Court: Delhi

Decided on: Jan-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI #3 & 9 + CO.APPL.(C) No. 4 of 2011 GANGA YAMUNA FINWEST PVT LTD ..... Petitioner Through: Mr. Ashish Makhija, Advocate for Official Liquidator versus NATIONAL STOCK EXCHANGE OF INDIA LTD ...... Respondent Through: Mr. Sanjay Bhatt, Advocate + WITH Co. Appl. 401 of 2012 in Co. Pet. No. 42 of 2009 GIRIRAJ RATAN DAGA & ANR. ..... Petitioners Through: Mr. Sanjay Mishra, Advocate. versus GANGA YAMUNA FINVEST PRIVATE LTD. ..... Respondent Through: Mr. Vibhor Garg, Advocate for exDirectors with ex-Director Mr. J.C. Gupta in person. Mr. Ashish Makhija and Mr. S.P. Singh, Advocates for OL. Mr. Ramesh Ajmani, Advocate for SFIO with Mr. Dharamvir Singh, Dy. Director SFIO. CORAM: JUSTICE S. MURALIDHAR ORDER 23 01.2013 1. Co. Appl. (C) 4 of 2011 is an application by the Official Liquidator (OL) under Section 446 of the Companies Act, 1956 (Act) seeking a direction to the Respondent, National Stock Exchange of India Ltd. (NSEIL) to deposit CO. APPL. (C) No. ...


Jan 23 2013

Mr. Sher Singh Dagar Vs. Dr. Yoganand Shastri and 11 ors.

Court: Delhi

Decided on: Jan-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:17. 01.2013 Judgment pronounced on:23. 01.2013 REV. PET. No. 268/2012 in ELECTION PET 12/2009 MR. SHER SINGH DAGAR Through: ...Petitioner Mr. Naresh Kaushik and Ms. Amita Kalkal, Advs. Versus DR. YOGANAND SHASTRI & 11 ORS. ...Respondents Though: Mr. R.M. Bagai and Ms. Damini Khaira, Advocates CORAM: HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.Vide order dated 21st March, 2012, IA No.6871/2011, filed by the petitioner was allowed, subject to payment of Rs.50,000/- as cost and the Additional Affidavit filed by him was taken on record. Vide Review Petition No.268/2012, the respondent No.1 is seeking review of the aforesaid order primarily on the following grounds:i) The proposition of law propounded by the Court in the order dated 21 st March, 2012 to the effect that the court ought to give opportunity to the petitioner to amend the plaint or amplify the material facts was erroneous and against the law laid down by the Supr...


Jan 23 2013

Piyare Lal Hari Singh Builders Pvt Ltd Vs. Union of India and ors

Court: Delhi

Decided on: Jan-23-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 01.2013 W.P.(C) 5636/2010 VISTAR CONSTRUCTION (P) LTD versus UNION OF INDIA & ORS + ..... Petitioner ..... Respondents W.P.(C) 3632/2012 PIYARE LAL HARI SINGH BUILDERS PVT LTD versus UNION OF INDIA AND ORS ..... Petitioner ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr J K Mittal, Mr Arun Gulati and Mr Rajan Bharti, Advs. : Mr Sumeet Pushkarna, Adv. for UOI in WP(C) 5636/2010 Ms Sonia Sharma, Mr V C Jha and Mr Ashish Virmani, Advs. for UOI in WP(C) 3632/2012 For the Respondent CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) These writ petitions are being disposed of together as they raise common issues. Both the writ petitions are directed against the instruction dated 28.04.2008 issued by the Tax Research Unit, Department of Revenue, Ministry of Finance, Government of India purportedly in exercise of the powers under Section 3...


Jan 23 2013

Shriram Institute for Industrial Research Vs. Rajesh Kumar Gandhi

Court: Delhi

Decided on: Jan-23-2013

28. * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:23. 01.2013 % W.P.(C) 4019/2010 SHRIRAM INSTITUTE FOR INDUSTRIAL RESEARCH ..... Petitioner Through: Mr. B.K. Mishra, Advocate. versus RAJESH KUMAR GANDHI Through: ..... Respondent Respondent in person. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(ORAL) 1. The petitioner employer has preferred the present writ petition to assail the award rendered by the Labour Court-XVI, Karkardooma Courts, Delhi in I.D. No. 388/08/92 dated 04.09.2009, whereby the said Court has answered the reference received from the Appropriate Government bearing No. F-24(4207)/92/Lab./38532-37 dated 09.12.1992 in favour of the respondent workman. The reference made to the Labour Court reads as follows: Whether the dismissal of Sh. Rajesh Kumar Gandhi from his service by the management is illegal and/or unjustified, and if so, to what relief is he entitled and what directions are necessary in this respect? 2. As per the respondent workmans ...


Jan 23 2013

Sambhav Gupta Vs. State and ors

Court: Delhi

Decided on: Jan-23-2013

29 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 22/2012 SAMBHAV GUPTA ..... Petitioner Through: Ms. Purnima Maheshwari, Advocate. versus STATE & ORS ..... Respondents Through: Ms. Richa Kaushal, Advocate for Mr. Dhanesh Relan, Advocate for State. Date of Decision:23. d January, 2013. % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral):1. Present petition has been filed by the petitioner under Section 276 of the Indian Succession Act, 1925 for grant of letters of administration of a registered Will executed on 23rd March, 2010 by late Mr. Satish Kumar, son of late Mr. Hari Ram Gupta, resident of 480, Block-13, Lodhi Colony, New Delhi-110003.2. It has been averred in the petition that deceased testator Mr. Satish Kumar, died on 19th January, 2011. The deceased had executed a registered Will and Testament dated 23rd March, 2010 which was witnessed by Mr. Paramjeet Singh and Mr. S.N. Gupta.3. The Will of the deceased was registered with the Sub-Registrar V Office,...


Jan 23 2013

Union of India and Others Vs. O.P.Malik and ors

Court: Delhi

Decided on: Jan-23-2013

$~3 & 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision : January 23, 2013 + W.P.(C) 2217/2011 UNION OF INDIA & OTHERS Represented by: versus ..... Petitioners Mr.Shaqib, Advocate HARENDER KUMAR & ORS. Represented by: ..... Respondents Mr.Padma Kumar S.,Adv. AND W.P.(C) 3643/2011 UNION OF INDIA & OTHERS Represented by: versus O.P.MALIK & ORS Represented by: ..... Petitioners Mr.Shaqib, Advocate ..... Respondents Mr.Krishan Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(ORAL) 1. When WP(C) 2217/2011 was called for hearing, Mr.Krishan Kumar, Advocate drew our attention to an order dated May 25, 2011 passed in WP(C)3643/2011 directing that said writ petition should be listed for hearing along with WP(C) 2217/2011. Accordingly, after passing over WP(C) 2217/2011 we had directed the Registry to list WP(C) 3643/2011 today itself before us and accordingly the said writ petition has been listed at serial No.18 in...


Jan 23 2013

Smt.Sarabjeet Malik Vs. Uoi and ors.

Court: Delhi

Decided on: Jan-23-2013

$~R-43 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: January 23, 2013 + WP(C) 4698/2001 SMT.SARABJEET MALIK ...Petitioner Represented by: Mr.Naresh Kumar Daksh, Advocate. versus UOI & ORS. ..... Respondents Represented by: Mr.Amrit Pal Singh and Ms.Gurjinder Kaur, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J (Oral) 1. Heard learned counsel for the parties.2. The issue is short. Impugned order is dated March 27, 2001 dismissing OA No.968/2000 filed by the writ petitioner.3. Since we are agreeing with the view taken by the Tribunal, but noting that the order passed does not succinctly bring out the issue which needed adjudication, we would simply note that under the second respondent there existed a post of Senior Technical Assistant. There also existed posts of Foreman, Senior Scientific Assistant and Chief Draughtsman.4. Inter-se, Senior Technical Assistant, there were 4 disciplines : (i) Electrical/Electron...


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