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Delhi Court January 2013 Judgments

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Jan 16 2013

Chetan Prakash Vs. Registrar General, High Court of Delhi and ors

Court: Delhi

Decided on: Jan-16-2013

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 252/2013 CHETAN PRAKASH ..... Petitioner Through: Mr. Anil K. Aggarwal and Mr. Abhay Kumar, Advs. versus REGISTRAR GENERAL, HIGH COURT OF DELHI AND ORS ..... Respondent Through: Mr. Rajiv Bansal with Ms. Nitisha Kathuria, Adv. for Registrar General, Delhi High Court Mr. Rajiv Nanda, Addl. Standing Counsel for R-2 and 3 with SHO Naresh Kumar PS Dabri CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER 16 01.2013 % The petitioner before this Court, applied on 18.12.2012 for certified copy of the order dated 17.12.2012 passed by this Court in W.P(Crl.) No.367/2004. The certified copy having not been supplied till 7.1.2013, the petitioner has filed this petition seeking following reliefs: A. issue writ of or in the nature of mandamus and/or any other appropriate writs, orders, directions directing the respondent Registrar General of this Honble High Court of Delhi to immediately supply/ issue a duly certified copy of...


Jan 16 2013

Jai Chand Vs. G.N.C.T of Delhi and ors

Court: Delhi

Decided on: Jan-16-2013

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: January 16, 2013 + W.P.(C) 251/2013 JAI CHAND Represented by: ..... Petitioner Mr.G.S.Rana, Advocate versus G.N.C.T OF DELHI AND ORS ..... Respondents Represented by: None. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(ORAL) 1. It is urged by learned counsel for the petitioner that for the indictment in question the petitioner has been acquitted by a criminal court and thus he could not have been subjected to a departmental inquiry on the same allegations.2. We do not agree. Our reasons.3. When petitioner, an Assistant Sub-Inspector with Delhi Police was posted at P.S.Badarpur, a minor girl aged 14 years had reached the police station and her father as also a boy named Parveen Kumar Yadav also reached the police station. The father of the girl had lodged a complaint that the boy named Praveen Kumar had kidnapped his daughter. An F.I.R. stood registered. The girl comp...


Jan 16 2013

Pardesi Developers and Infrastructure Pvt.Ltd Vs. Commissioner Income ...

Court: Delhi

Decided on: Jan-16-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on :16. 01.2013 W.P.(C) 5536/2012 PARDESI DEVELOPERS AND INFRASTRUCTURE PVT.LTD ..... Petitioner versus COMMISSIONER INCOME TAX DELHI -IV AND ORS ..... Respondent Advocates who appeared in this case: For the Appellant : Mr O.S. Bajpai, Sr. Adv. with Mr Shashwat Bajpai, Mr V. N. Jha and Mrs Manasvini Bajpai, Advocates. For the Respondent :Ms Suruchi Aggarwal, Sr. Standing Counsel. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V. EASWAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This writ petition is directed against a notice dated 30.08.2011 issued under section 148 of the Income Tax Act, 1961 (hereinafter referred to as the the said Act) by the respondent No.3. It is also prayed by the petitioner that the order dated 03.08.2012, whereby the objections of the petitioner were rejected, be also quashed. That order has also been passed by the respondent No.3.2. The facts may be briefly stated. The petitioner has ...


Jan 16 2013

R.D.Gupta Vs. Union of India and anr

Court: Delhi

Decided on: Jan-16-2013

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: January 16, 2013 + W.P.(C) 248/2013 R.D.GUPTA ..... Petitioner Represented by: Mr.Sanjeev Sachdeva, Sr.Advocate instructed by Mr.K.K.Khurana, Mr.Sumeta De, Mr.A.K. Mehta, Advocates. versus UNION OF INDIA AND ANR ..... Respondents Represented by: Mr.Himanshu Bajaj, Advocate with Mr.Sameer Jain, Mr.Puneet Siddhartha, Advocates for R-1. Mr.R.V. Sinha, Advocate with Mr.R.N.Singh, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(ORAL) 1. Noting that the petitioner has since superannuated from service, we have heard arguments addressed by learned counsel for the writ petitioner and the respondents.2. Vide impugned order passed by the Tribunal on October 11, 2011 against which review was declined as per impugned order dated March 16, 2012, the applicant before the Tribunal, Shri R.D.Gupta has filed the writ petition.3. Shri R.D.Gupta is a direct recruit in th...


Jan 16 2013

Virender Singh Vs. Delhi Administration and ors.

Court: Delhi

Decided on: Jan-16-2013

$~R-41 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 16, 2013 + W.P.(C) 4639/2001 VIRENDER SINGH ..... Petitioner Represented by: Mr.Arun Bhardwaj, Advocate. versus DELHI ADMINISTRATION & ORS. ..... Respondents Represented by: Ms.Nandita Rao, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. The petitioner joined service as a Constable (Driver) with Delhi Police on February 07, 1989 and from the Summary of Allegations which preceded the formal charge being issued to him we find, a fact conceded to by learned counsel for the petitioner, that the petitioner had the habit of being unauthorizedly absent for long durations; he did so on many occasions.2. On the fifth time, he started absenting himself from duty since December 10, 1994 and in spite of notices sent to him on December 20, 1994, January 16, 1995 and May 07, 1995, he just did not report back for duty. The last notice was sent through a p...


Jan 16 2013

Manoj Kumar Vs. Commissioner of Police and ors

Court: Delhi

Decided on: Jan-16-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 16, 2013 + W.P.(C) 8421/2010 MANOJ KUMAR ..... Petitioner Represented by: Ms.Avnish Ahlawat, Advocate versus COMMISSIONER OF POLICE AND ORS ..... Respondents Represented by: Ms.Reeta Kaul with Mr.Sandeep Khatri, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. It is a hard case and requires an equitable relief to be granted.2. The petitioner joined service in Delhi Police as a Constable on December 07, 1995. On May 12, 2006 he was visited with the penalty of removal from service after charge-sheet was served upon him for unauthorized absence. At the inquiry, the petitioner remained ex-parte. Appellate remedies have failed.3. Along with the writ petition the petitioner has filed documents which are of unimpeachable character and nature inasmuch as they pertain to medical record of the petitioner maintained by Institute of Human Behaviour and Allied ...


Jan 16 2013

Pradeep Kumar Khanna Vs. N.D.M.C. and anr

Court: Delhi

Decided on: Jan-16-2013

$~36. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1051/1997 % Judgment dated 16.01.2013 PRADEEP KUMAR KHANNA ..... Petitioner Through : Mr.Ashutosh Dubey and Ms.Vriti Anand, Advs. versus N.D.M.C. & ANR Through : ..... Respondents Mr.Ashutosh Lohia, Adv. for NDMC. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Present petition has been filed by petitioner under Article 226 of the Constitution of India inter alia seeking a direction to quash the demand raised by respondent no.2 in the Notice dated 27.8.1996 in the sum of Rs.10,21,403.80. The petitioner also seeks a direction to the respondents to re-fix the rent/license fee payable by the petitioner in respect of the shop allotted to him in Palika Bazar, New Delhi, in accordance with the directions contained in the judgment rendered by the Supreme Court of India in the case of Gursharan Singh & Ors v. N.D.M.C., reported at JT 199.(1) SC 647.2. As per the petition, the petitioner was allotted a shop bearing no.M-1...


Jan 16 2013

Sh. Bhola Jha Vs. Union of India and ors.

Court: Delhi

Decided on: Jan-16-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.3453/2010 % January 16, 2013 SH. BHOLA JHA Through: ...... Petitioner Mr. I.C. Mishra, Advocate. Versus UNION OF INDIA AND ORS. Through: ..... Respondents Mr. Sachin Dutta, Advocate for respondent Nos.1 and 2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. The present writ petition seeks a direction for payment to the petitioner of pension under the Swatantrata Sainik Samman Pension Scheme (SSS Pension), and as per which scheme a person who was an absconder for over six months is granted this pension.2. The petitioner has pleaded that he was an absconder and ultimately the criminal case against him and 38 other persons (i.e a total of 39 persons) was withdrawn by the order of Mr. S.S. Prasad, Ist Class Magistrate, Madhubani, Bihar on 31.5.1946. The petitioner pleads that one Mr. Sukhai Thakur and whose name is found at serial No.29 of the very same GR No.834/1942 has by v...


Jan 16 2013

Ajay Kumar Vs. Union of India and ors

Court: Delhi

Decided on: Jan-16-2013

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:16. 01.2013 + WP (C) 267/2013, CM APPL.555/2013 AJAY KUMAR ..... Petitioner Through: Mr. Anil Singal, Advocate. versus UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Amrit Pal Singh, Advocate for Resp-1,2 & 4. Mr. Naresh Kaushik, Advocate for UPSC. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. The petitioner, in this proceeding under Article 226 of the Constitution of India seeks directions for quashing of an Office Memorandum dated 9.8.1995 (issued by the Central Government) and the orders made by the respondents cancelling his appointment to the post of Assistant Commandant in Indo Tibetan Border Police (ITBP).2. The facts briefly are that the petitioner was selected for the post of Assistant Commandant in ITBP and the appointment letter in that regard was issued on 16.12.2009. He had to join his duties by 13.1.2010. The time for join...


Jan 16 2013

Lalit Kumar Modi Vs. Union of India and ors.

Court: Delhi

Decided on: Jan-16-2013

* THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:18. 10.2012 Judgment delivered on:16.01.2013 % + WP(C) 376/2012 LALIT KUMAR MODI ......PETITIONER Vs UNION OF INDIA AND ORS. .....RESPONDENTS ADVOCATES WHO APPEARED IN THIS CASE: For the Petitioner: Mr. U.U. Lalit, Sr. Advocate with Mr. Swadeep Hora, Ms. Bansuri Swaraj, Ms. Sangeeta Mandal, Ms. Mama Tiwari, Ms. Taruna A. Prasad, Mr. Mohit Garg, Mr. Sangram Singh and Mr. Abhishek Singh, Advocates For the Respondents: Mr. Rajeeve Mehra, learned ASG with Mr. Jatan Singh, CGSC, Mr. Ashish Virmani and Mr. Tushar Singh, Advocates CORAM :HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J 1.The challenge in the captioned writ petition has been laid to the order dated 03.03.2011 passed by the Regional Passport Officer i.e., Respondent no.3 (hereinafter referred to as the RPO) and the order-in-appeal dated 31.10.2011 passed by the Chief Passport Officer (hereinafter referred to as the CPO).2. The order-in-original, referred to above, w...


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