Delhi Court January 2013 Judgments
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Ashok Kumar and ors. Vs. Central Warehousing Corporation and ors.
Court: Delhi
Decided on: Jan-09-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) No.5219/1998 % January 09, 2013 ASHOK KUMAR & ORS. Through: ...... Petitioners Mr. Mahesh Srivastava, Advocate. VERSUS CENTRAL WAREHOUSING CORPORATION & ORS. ...... Respondents Through: Mr. K.K. Tyagi, Advocate with Mr. Iftekhar Ahmad, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. In the present writ petition, seven petitioners who were casual labourers of the respondent No.1-Central Warehousing Corporation claim the following reliefs: i) issue and appropriate writ in the nature of mandamus commanding the respondents to regularize the services of the petitioners in the interest of justice; ii) issue and appropriate writ in the nature of mandamus directing the respondents to pay equal wages for equal work to the petitioners at par to the operators who are regular and permanent. iii) pass any other order which this Honble Court may deem fit and proper under the f...
Chief Secretary, Gnct Delhi and anr. Vs. Sunil Rawat
Court: Delhi
Decided on: Jan-09-2013
$~10&11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: January 09, 2013 W.P.(C) 2268/2011 CHIEF SECRETARY, GNCT DELHI & ANR. ..... Petitioners Represented by: Ms.Ruchi Sindhwani and Ms.Bandana Shukla, Advocates. versus SUNIL RAWAT ..... Respondent Represented by: Mr.Pradeep Gupta, Ms.Aarti Shakalya and Mr.Parinav Gupta, Advocates. AND W.P.(C) 2271/2011 CHIEF SECRETARY, GNCT DELHI & ANR. ..... Petitioners Represented by: Ms.Ruchi Sindhwani and Ms.Bandana Shukla, Advocates. versus PRAMOD KUMAR ..... Respondent Represented by: Mr.Pradeep Gupta, Ms.Aarti Shakalya and Mr.Parinav Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. When their respective father died in harness and the family went into financial distress, respondents Sunil Rawat and Pramod Kumar were appointed as LDC/DASS Grade-IV by the Government of NCT Delhi as cases of compassionate appointment. Both were registered with the Employme...
Deepak Bhushan Gupta Vs. Reshu Garg
Court: Delhi
Decided on: Jan-09-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M. (M) NO.936 OF 201.Decided on :09. h January , 2013 DEEPAK BHUSHAN GUPTA Petitioner Through: Mr. Rajiv Aneja, Advocate. Versus RESHU GARG Through: Respondent Mr. Awan Kumar Goel, Advocate. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a Civil Miscellaneous Main petition filed by the petitioner against the order dated 20.5.2010 passed by the Additional Principal Judge, Family Court, Rohini directing the petitioner to pay interim maintenance @ `22,500/- per month to the respondent and her son apart from `20,000/- as litigation expenses.2. The main contention of the learned counsel for the petitioner is that the learned Additional Principal Judge, Family Court has fallen into grave error by directing the petitioner to pay interim maintenance @ `22,500/per month to the respondent despite the fact that the petitioner is only employed in some private industry and was earning `5,200/- per month which has now been increased...
Mala Mehra Vs. Mcd and ors
Court: Delhi
Decided on: Jan-09-2013
$~16. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 8369/2011 & CM 18910/2011 % Judgment dated 09.01.2013 MALA MEHRA Through: versus MCD AND ORS Through: ..... Petitioner Mr.Sandeep Sethi, Sr. Advocate with Mr.Shridhar Y. Chaitale and Mr.Naveen Kapoor, Advocates ..... Respondents Mr.Sanjiv Sen for Ms.Amita Gupta, Advocate for the respondent no.1 &2 / MCD Mr.Rajive Sawhney, Sr. Advocate with Mr.Vineet Jhanji, Adv for respondent no.3 CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Petitioner is aggrieved by the order dated 14.11.2011 passed by the Joint Assessor and Collector, MCD by which mutation granted in favour of the petitioner on 23.09.2010 has been cancelled.2. The petitioner and respondent no.3 are closely related to each other, respondent no.3 is the elder brother of the petitioner. As per the petitioner, her mother had executed a gift deed in her favour on 12.04.2010. Based on the gift deed and relying on section 128 of the Delhi Municipal Corporation Ac...
Urmila Kumari Vs. Rukmani Devi and ors.
Court: Delhi
Decided on: Jan-09-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2741/2011 & Crl.M.A. No. 9780/2011 URMILA KUMARI Through ..... Petitioner Mr. Deepak Tyagi, Adv. versus RUKMANI DEVI & ORS. ..... Respondent Through Mr. Anupam Sharma for R-1 Mr. Navin Sharma for State. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR ORDER 09 01.2013 % 1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 ( Crl. PC ) filed by the petitioner seeking quashing of the Complaint Case No. 150/09 titled as Smt. Rukmani Devi V. Inderjeet & Anr. under Section 138 of the Negotiable Instrument Act, 1881 ( Act ). .2. The complaint sterns from a dishonored cheque dated 1.12.2008 drawn on the ICICI Bank by Shri Inderjeet, husband of the petitioner in favour of the complainant , Smt. Rukmani, the Respondent no.2 herein in the sum of Rs. 2,12,000/-.3. The case of the petitioner is that the offence under Section 138 of the Act cannot be said to have been made out against the petitioner only on the ground that she...
United India Insurance Co. Ltd. Vs. Ram Ashish Singh and ors.
Court: Delhi
Decided on: Jan-09-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h January, 2013 + MAC APP. 703/2010 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Mr. D.D. Singh Adv. with Mr. Navdeep Singh, Adv. versus RAM ASHISH SINGH & ORS. ..... Respondents Through: Mr. S.N. Parashar, Adv. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant United India Insurance Company Limited impugns a judgment dated 28.08.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of `50,392/- in favour of Respondent No.3, it rejected the Appellants plea that it had successfully proved the breach of the terms and conditions of the policy.2. The quantum of compensation is not challenged by the Appellant Insurance Company. While dealing with the issue of liability, the Claims Tribunal held as under:18. It has been submitted by the insurance company that the driving license of the driver of the offending car was found fake...
Commissioner of Income Tax-vii Vs. Avinash Jain
Court: Delhi
Decided on: Jan-09-2013
IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on :09. 01.2013 ITA No.703/2012 COMMISSIONER OF INCOME TAX-VII ..... Appellant versus AVINASH JAIN ..... Respondent Advocates who appeared in this case : For the Appellant : Mr Sanjeev Rajpal, Adv. For the Respondent : None CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V. EASWAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) This appeal has been filed by the revenue against the order dated 20.07.2012 passed by the Income Tax Appellate Tribunal in ITA No.3379/Del./10. That appeal had also been filed by the revenue in which the following ground was raised in relation to the assessment year 2007-08:The Ld. CIT(A) erred in law and on the facts in holding that the action of the Assessing Officer in holding short Term capital gain and long term capital gain be treated as business income has no substance and are without any cogent reason and thereby deleting addition of `1,38,015/- and `1,07,44,493/- made by the AO on acco...
Arun Kumar Sharma Vs. Union of India and anr
Court: Delhi
Decided on: Jan-09-2013
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : January 09, 2013 + W.P.(C) 4400/2012 ARUN KUMAR SHARMA ..... Petitioner Represented by: Mr.Vipin Kumar and Mr.Jitender Kumar, Advocates. versus UNION OF INDIA AND ANR ..... Respondents Represented by: Mr.S.K.Dubey, Ms.Zeenat Masoodi, Mr.Malay Dwivedi and Ms.Bhagyshree Pati, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) WP(C) No.4400/2012 1. Charges levied, as per the charge memorandum dated September 16, 2009 against the petitioner read as under:Article I: That the said Shri Arun Kumar Sharma, Assistant, while working in RM Section of the Ministry of External Affairs, was on unauthorized absence from duty w.e.f. 12.07.2005 to 25.07.2005. Article II: That the said Shri Arun Kumar Sharma, Assistant, was directed to report for duty at PAI division of the Ministry of External Affairs, vide order not Q/PC/662/2004 dated 28.07.2005. However, Shri Sharma di...
Sep. No. 14603518m Roor Singh Vs. Union of India and anr.
Court: Delhi
Decided on: Jan-09-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:09. 01.2013 + W.P.(C) 128/2013 SEP. NO. 14603518M ROOR SINGH ..... Petitioner Through : Sh. M.G. Kapoor , Advocate. versus UNION OF INDIA AND ANR. ..... Respondents Through : Sh. Ankur Chhibber, Advocate. Sh. C.M. Goyal, proxy counsel, for Sh. Anil Kumar Gautam, Advocate. HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. This writ petition seeks quashing of the judgment and order of the Armed Forces Tribunal (Tribunal or AFT hereafter) dated 20.07.2010.2. The facts are that the petitioner was enrolled in the Army Corps of EME as CFN (Elect) and was serving with HQ 7.Mountain Brigade at the relevant time. On 31.10.1997, Summary of Evidence was recorded against the petitioner in respect of certain allegations, essentially dealing with his allegedly overstaying the leave granted to him, without sufficient cause. The following charges were framed against th...
Cit Vs. Hardarshan Singh
Court: Delhi
Decided on: Jan-09-2013
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:09. 01.2013 ITA 604/2012 CIT ... Appellant versus HARDARSHAN SINGH ... Respondent Advocates who appeared in this case: For the Appellant For the Respondent : Mr Rohit Madan : Mr S. Krishnan CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM 17463/2012 The delay in re-filing is condoned. This application stands disposed of. ITA 604/2012 1. The revenue is aggrieved by the order dated 26.08.2011 passed by the Income Tax Appellate Tribunal in ITA 1447/Del/2011 pertaining to the assessment year 2007-08. Before the Tribunal, the assessee, who was aggrieved by the orders passed by the Assessing Officer as well as the Commissioner of Income Tax (Appeals), had, inter alia, taken the ground that the addition of ` 8,51,43,744/- by invoking the provisions contained in Section 40(a)(ia) of the Income Tax Act, 1961 (hereinafter referred to as the said Act) was erroneous.2. The...
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