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Delhi Court January 2013 Judgments

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Jan 02 2013

M.N.Chaudhary (Since Deceased) Through Lrs Vs. Union of India and ors.

Court: Delhi

Decided on: Jan-02-2013

$~R-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 02, 2013 + WP(C) 1727/2001 M.N.CHAUDHARY (SINCE DECEASED) THROUGH LRs. ..... Petitioner Represented by: Ms.Jyoti Singh, Sr.Advocate instructed by Ms.Saahila Lamba, Advocate. versus UNION OF INDIA & ORS. Represented by: None. ..... Respondents CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. Deceased M.N.Chaudhary, working as SPM NEPZ Noida was served with a chargesheet listing four Article of Charges as under:Article.I While working as SPM NEPZ Noida on 3.6.93 Shri M.N. Chaudhari booked three Regd. Articles No.2930,2931 & 2932 and a SPA No.182 and collected `54/-from the senders in cash as full prepayment of transmission in place of getting the postage stamps affixed. This amount of `54/so recovered was later on credited by the SPM in UCR on 3.6.93. In this way Shri M.N.Chadhari SPM NEPZ violated rule 106 of P& T Ma.Vol.V. Article .II On 1.6.93 while w...


Jan 02 2013

Associated Traders and Engineers Pvt. Ltd. Vs. Life Insurance Corporat ...

Court: Delhi

Decided on: Jan-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : December 10, 2012 Pronounced on : January 02, 2013 + (i) W.P. (C) No.3108/2011 ASSOCIATED TRADERS & ENGINEERS PVT. LTD. ... Petitioner Through: Mr.Sunil Magon, Advocate Versus LIFE INSURANCE CORPORATION OF INDIA ... Respondent Through: Mr.Mohinder Singh and Mr. Ankur Goel, Advocates + (ii) W.P. (C) No.3109/2011 ASSOCIATED TRADERS & ENGINEERS PVT. LTD. ... Petitioner Through: Mr.Sunil Magon, Advocate Versus LIFE INSURANCE CORPORATION OF INDIA ... Respondent Through: Mr.Mohinder Singh and Mr. Ankur Goel, Advocates CORAM: HONBLE MR. JUSTICE SUNIL GAUR % JUDGMENT 1 In pursuance to Show Cause Notice of 18th October, 2008 under Section 5 and 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, proceedings to evict petitioner from 15,568 sq. W.P. (C) No.3018 & 3019/2011 Page 1 ft. in property bearing Municipal No.483/49A and 49B, situated at Jhilmil, Tahirpur, G.T.Road, Shahdara, Delhi (henceforth referred to as the s...


Jan 02 2013

Abhinav Ramkrishna Vs. State of Nct of Delhi and anr

Court: Delhi

Decided on: Jan-02-2013

$~9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 8114/2012 ABHINAV RAMKRISHNA ..... Petitioner Through : Petitioner in person. versus STATE OF NCT OF DELHI & ANR. ..... Respondents Through : Mr. P.K. Sharm, Standing Counsel for CBI with Mr. Anil Kr. Singh, Advocate for R-2 Mr. Neeraj Chaudhri, CGSC and Mr. R. Singh, Advocate for R-3 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN % ORDER 02 01.2013 As many as 7 FIRs were registered in two police districts of Delhi in respect of various offences alleged to have been committed by the office bearers of an NGO, namely, Anand Jan Sewa Society. Charge sheet has been filed before the concerned ACMM in respect of the case registered vide FIR No.270/2010 at Police Station Ambedkar Nagar, Delhi, whereas the remaining cases are still pending investigation. Alleging defects and procedural lapses in investigation of those cases, the petitioner is seeking a direction to Govt. of NCT of Delhi to transfer investigation of the sai...


Jan 02 2013

Uoi and ors. Vs. R.P.S.Jaggi and ors.

Court: Delhi

Decided on: Jan-02-2013

$~R-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 02, 2013 + WP(C) 7830/2000 UOI & ORS. Represented by: ..... Petitioners None. versus R.P.S.JAGGI & ORS. ..... Respondents Represented by: Mr.R.C.Nangia, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. The respondents succeeded before the Tribunal when OA No.2279/1999 filed by them succeeded with a direction that they be placed in the pay-scale `1640-2900/- with effect from 01.01.1986 with replacement pay-scale when recommendations of the 6th Pay Commission were implemented with effect from 01.01.1996.2. Order dated January 03, 2001 passed in the instant writ petition while issuing notice to show-cause records that according to learned counsel for the petitioner identical issue was raised in WP(C) No.3091/1999.3. We have called for the file of WP(C) No.3091/1999 and find that the said writ petition filed by Union of India was allowed on Novem...


Jan 02 2013

Rakeysh Omprakash Mehra and anr. Vs. Govt of Nct of Delhi and anr.

Court: Delhi

Decided on: Jan-02-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1188/2009 & CRL.M.A. 9918/2009 RAKEYSH OMPRAKASH MEHRA & ANR. ..... Petitioners Through: Ms. Indu Malhotra, Senior Advocate with Mr. Madhukar Pandey, Mr. Vivek Jain & Mr. Anirudh Mishra, Advocates. versus % GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Dayan Krishnan, ASC with Ms. Manvi Priya and Ms. Tejaswi Shety, Advocates and ACP Ved Prakash, DSF, New Delhi for R-1/State. Dr. Chaudhary Shamshuddin Khan, Advocate for R-2. Reserved on:27. h November, 2012 Date of Decision:2. d January, 2013 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT 1 Present writ petition has been filed under Article 226 of the Constitution read with Section 482 Cr.P.C. seeking quashing of FIR No.40/2009 dated 07th March, 2009 registered with Police Station Mandir Marg, New Delhi under Section 3(1)(x) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 7(d) of The Protection of Civil Rights Act,...


Jan 02 2013

Amit Kapoor @ Punjabi Vs. State of Nct of Delhi

Court: Delhi

Decided on: Jan-02-2013

$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 310/2011 Judgment reserved on 3rd December, 2012 Judgement delivered on 2nd January, 2013 % AMIT KAPOOR @ PUNJABI ..... Appellant Through: Mr.Ravindra Narayan and Mr. Mukul Gupta, Advs. versus STATE OF NCT OF DELHI Through: ..... Respondent Mr. Mukesh Gupta, APP CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.1. Appellant has been convicted under Sections 186/333/353/34 IPC by the trial court and sentenced to undergo rigorous imprisonment for three months under Section 186/34 IPC; sentenced to undergo rigorous imprisonment for five years with fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for one month under Section 333/34 IPC; sentenced to undergo rigorous imprisonment for one year under Section 353/34 IPC. All the sentences have been directed to run concurrently and benefit of Section 428 Cr.P.C. has also been given to the appellant.2. Appellant along with Jagjeet Singh @ Jagga was sent up...


Jan 02 2013

All India Radio and Doordarshan and anr. Vs. Union of India and ors.

Court: Delhi

Decided on: Jan-02-2013

$~R-6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 02, 2013 + WP(C) 2029/2001 ALL INDIA RADIO AND DOORDARSHAN & ANR. ..... Petitioners Represented by: Dr.M.P.Raju, Advocate. versus UNION OF INDIA & ORS. ..... Respondents Represented by: Mr.R.V.Sinha, Advocate and Mr.A.S.Singh, Advocate. 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. Challenge in the writ petition is to the decision dated December 15, 2000 dismissing OA No.255/1997.3. Claim of the writ petitioners before the Tribunal was to be granted the same benefit which was granted by the Tribunal to V.R.Panchal and others in OA No.1448/1993 decided on January 10, 1996 (sometimes the order is being referred to as dated January 19, 1996).4. V.R.Panchal and others were working as Stenographers in CBI and were aggrieved by the fact that they were being paid salary in the payscale `1400-2600; claiming an entitl...


Jan 02 2013

Union of India Vs. Dalip Singh and ors.

Court: Delhi

Decided on: Jan-02-2013

$~R-7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : January 02, 2013 + W.P.(C) 2141/2001 UNION OF INDIA Represented by: versus ..... Petitioner None. DALIP SINGH & ORS. Represented by: None. ..... Respondents CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. The writ petition lays a challenge to an order dated July 6, 2000 allowing O.A.No.1410/1997 passed by the Central Administrative Tribunal.2. The respondents were the applicants before the Tribunal and had challenged the order dated May 23, 1997 as per which the benefit of increment granted to the respondents when pay scales were replaced w.e.f. January 01, 1986 was sought to be withdrawn after the respondents had retired.3. The facts noted by the Tribunal are that the applicants before the Tribunal retired as ad-hoc Assistants in the pay scales of `1640-2900. It was their case that the Department of Expenditure, vide memorandum dated March 23, 1995, had tak...


Jan 02 2013

Ramesh Kumar Vs. Mohd Rahees and ors

Court: Delhi

Decided on: Jan-02-2013

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:2. d January, 2013 % + CM (M) No. 1096/2012 RAMESH KUMAR ..... Petitioner Through: Mr. Tarun Aswani, Advocate. Versus MOHD RAHEES & ORS Through: ..... Respondents Mr. Dhanesh Relan, Mr. S.K. Ray and Ms. Richa Kaushal, Advocates for Respondent No.4. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Pursuant to order dated 04.12.2012, Mr. S.K. Sharma, Deputy Commissioner, STA and Mr. C.S. Nawani, Assistant Secretary, STA have brought the original record. The typed copy of the same is placed on record.2. Perusal of the record reveals that the Light Goods Vehicle no. DL-ILE-4866 was registered on 05.12.2002 and national permit bearing NP/11461/2002 was issued to the petitioner i.e. Sh. Ramesh Kumar, S/o Sh. Samman Singh from 07.12.2002 to 06.12.2007. The yearly authorizations under Rule 87 of the CMVR 198 were issued as per the following details:i. From 07.12.2002 to 30.11.2003 ii. From 04.12.2003 to 30.11.20...


Jan 02 2013

Xerox Modicorp Ltd. Vs. Deputy Commissioner of Income Tax

Court: Delhi

Decided on: Jan-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:17. h December, 2012 Date of Decision:2. d January, 2013 % + + W.P. (C) 8485/2010 W.P. (C) 8486/2010 XEROX MODICORP LTD. Through: ..... Petitioner Mr. Ajay Vohra with Ms. Kavita Jha and Mr. Somnath Shukla, Advocates. versus DEPUTY COMMISSIONER OF INCOME TAX ..... Respondents Through: Mr. Kamal Sawhney, Sr. Standing Counsel. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R.V. EASWAR, J.For detailed order see W.P. (C) 8483/2010. (R.V. EASWAR) JUDGE (S. RAVINDRA BHAT) JUDGE JANUARY 2 2013 hs...


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