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Delhi Court October 2013 Judgments

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Oct 31 2013

Dhnurdhari Shivwanshi Chhatriya Samaj Sewa Trust ( Vs. Union of India ...

Court: Delhi

Decided on: Oct-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:31. 10.2013 + WP(C) No.1551 of 2012 DHNURDHARI SHIVWANSHI CHHATRIYA SAMAJ SEWA TRUST (REGD.) & ANR. .Petitioners Through: Ms. Deepali Gupta, Adv. Versus UNION OF INDIA & ANR. Through: .Respondents Mr. Ravinder Agarwal, CGSC. Ms. Ferida Satarawala, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(Oral) The case of the petitioners is that petitioner No.2, Shri Rajender Kumar, belongs to Dhanka Tribe of Rajasthan and is presently residing in Delhi, his family having migrated to Delhi from Rajasthan. The petitioner No.2 submitted an application to the SDM, Saraswati Vihar on 14.1.2011 for grant of a Scheduled Tribe certificate. In the said application the petitioner No.2 claimed to be a Dhanka by birth. He also claimed that his ancestors belonged to Rajasthan.2. The SDM, Saraswati Vihar referred the matter to the Tehsildar, Jaipur with a request to convey the genuineness of the certificate of the father of ...


Oct 31 2013

Zaishu Xie and anr. Vs. the Oriental Insurance Company Ltd and ors.

Court: Delhi

Decided on: Oct-31-2013

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:31. t October, 2013 % + CM(M) 845/2013 ZAISHU XIE & ANR. Represented by: ..... Petitioners Mr.Arvind Chaudhary, Advocate. Versus THE ORIENTAL INSURANCE COMPANY LTD & ORS. ..... Respondents Represented by: Mr.Pradeep Gaur and Mr.Amit Gaur, Advocates for Respondent No.1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) MAC.APP. 802/2011 1. The present petition is directed against the impugned order dated 14.08.2013, whereby the learned Trial Court has dismissed the application filed by the petitioners for recording of their evidence either by way of Commission or through video conferencing as the petitioners are senior citizens and Chinese Nationals.2. Facts of the case in brief are that on 14.05.2008 at about 11.00 PM, deceased, namely, late Mr.Xie Xiaochao was travelling in Maruti Esteem Car bearing No.DL-1YB-0897 and was coming back to Delhi from Agra. A TATA Truck bearing No.MP-07HB-1587, which was coming...


Oct 31 2013

Residence Welfare Association Ekta Enclave Vs. State (Nct) of Delhi an ...

Court: Delhi

Decided on: Oct-31-2013

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4437/2013 & CM No.10260/2013 RESIDENCE WELFARE ASSOCIATION EKTA ENCLAVE ..... Petitioner Through: Mr. B.S. Chowdhary, Adv. versus STATE (NCT) OF DELHI & ORS. ..... Respondents Through: Ms. Zubdea Begum along with Ms. Jayendra, Advs. for R-1 to 5. Date of Decision:31. t October, 2013 % CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. The present writ petition has been filed in public interest seeking a direction to the respondents to take strong action against encroachers of johads, ponds, lakes and water bodies in villages.2. In the counter affidavit, the stand taken by the respondent-State is that water bodies/johads, belonging to the Gaon Sabha had been allotted to persons in accordance with the orders of the Financial Commissioner under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 to make good the deficiencies in allotment of land d...


Oct 31 2013

The Indure Pvt. Ltd. Vs. Siemens Ltd.

Court: Delhi

Decided on: Oct-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :23. 09.2013 Judgment delivered on:31. 10.2013 % + OMP No.898/2013 THE INDURE PVT. LTD. ..... Petitioner versus SIEMENS LTD. ..... Respondent Advocates appeared in this case: For the Petitioner: Mr Abhishek Manu Singhvi, Sr. Advocate with Mr Prashant Mehta & Ms Priya Pathania, Advocates. For the Respondent: Mr C. Mukund and Ms Ekta Bhasin, Advocates. CORAM: HONBLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 This is a petition filed under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act) for setting aside the award dated 24.05.2013.2. It must be stated at the very outset that there are several legal submissions raised in the petition, which admittedly had no foundation in the pleadings filed before the learned sole arbitrator. As a matter of fact, even at the stage of arguments, the legal submissions on the basis of which the award is sought to be assailed, were not advanced before the learned arbit...


Oct 31 2013

Dr. Abhay Kumar Vs. Vice Chancellor, Jawaharlal Nehru University and a

Court: Delhi

Decided on: Oct-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.6889/2013 31st October, 2013 % DR. ABHAY KUMAR Through: ..... Petitioner Mr. O.N. Sharma, Advocate. Versus VICE CHANCELLOR, JAWAHARLAL NEHRU UNIVERSITY AND ANR. Respondents Through: Mr. Shushank Shekhar, Advocate for respondent No.2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.14934/2013 (exemption) Exemption allowed subject to just exceptions. \ C.M. stands disposed of. + W.P.(C) No.6889/2013 and C.M. No.14933/2013 (stay) 1. Petitioner by this writ petition impugns the action of the respondent no.1/University in not calling him for the interview for the post of an Associate Professor. Petitioner claims that he has not been called although he has the necessary eight years experience. This requirement of eight years experience is expressed in the following words as per the advertisement:3. A minimum of eight years experience of teaching and/or research in an aca...


Oct 31 2013

Hari Lal and ors. Vs. Paryag Dutt and ors

Court: Delhi

Decided on: Oct-31-2013

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:31. t October, 2013 % + MAC.APP. 1298/2012 HARI LAL & ORS. ..... Appellants Represented by: Mr. Lokesh Kumar Mishra, Adv. versus PARYAG DUTT & ORS ..... Respondents Represented by: Mr. Kunal Rawat, Adv. for R3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) CM. No.21319/2012 In view of the averments made in the application, the delay of 58 days in filing the instant appeal is condoned. The application stands disposed of. + MAC.APP. 1298/2012 1. Instant appeal has been preferred against the impugned award dated 24.02.2012 passed by the ld. Tribunal and granted compensation with interest @ 7.5% from the date of filing of the petition till realization, as under:1. Loss of dependency MAC.APP. 1298/2012 2.3. 4.5. Funeral expenses : Rs.10,000/Loss of consortium : Rs.10,000/Loss of estate : Rs.10,000/Loss of Love and Affection : Rs.10,000/______________________________________ Total : Rs.17,07,790 2. Instant ap...


Oct 31 2013

Dr. Sudhir Kumar Goyal Vs. University of Delhi and ors.

Court: Delhi

Decided on: Oct-31-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6121/2013 31st October, 2013 % DR. SUDHIR KUMAR GOYAL ..... Petitioner Through Mr. K.K. Rai, Sr. Advocate with Mr. P.K. Mishra, Advocate versus UNIVERSITY OF DELHI & ORS. ..... Respondents Through Ms. Manpreet Kaur, Advocate for Mr. Arun Bhardwaj, Advocate for respondent No.1/University of Delhi. Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Mohd. Faraz, Ms. Jagrity Ahuja, Advocates for respondent Nos. 2 to 5. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This petition impugns the departmental proceedings initiated against the petitioner as per the article of charges dated 21.5.2013. These article of charges read as under :Statement of Articles of Charge framed against Dr. Sudhir Kumar Goyal Charge 1 That you Dr. Sudhir Kumar Goyal were appointed as the Presenting Officer to the Justice S.K.Mahajan Enquiry Committee, constituted by the Governing Body, Satyawati College,...


Oct 31 2013

S.K.Shah Vs. Uoi and ors

Court: Delhi

Decided on: Oct-31-2013

$~7 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1016/2012 Date of decision:31. t October, 2013 % S.K.SHAH Through : ..... Petitioner Mr.Padma Kumar S., Advocate versus UOI AND ORS. Through : ..... Respondents Mr.Jatan Singh, CGSC and Mr.Soayib Qureshi, Advocate CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. By way of the instant writ petition, the petitioner has assailed the order dated 17th January, 2011 whereby the disciplinary authority accepted the report of the inquiry dated 29th October, 2009 submitted by the inquiry officer on culmination of disciplinary proceedings which were conducted against the petitioner with regard to the charge sheet dated 22nd August, 2007. The disciplinary proceedings were held on the following charges: ARTICLE I That the said Shri S.K.Shah, while functioning as Adjutant/DDO, 24th Bn Gangtok, Sikkim, had intentionally tried evading payment of Income Tax for the Assessment Year 2005-06 w.e.f. 01.04...


Oct 31 2013

Ram Naresh Tyagi and ors Vs. Election Commission of India and anr

Court: Delhi

Decided on: Oct-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:31. 10.2013 + WP(C) No.5064 of 2013 & CM No.11421/2013 RAM NARESH TYAGI & ORS Through: ..... Petitioner Mr. Jagjit Singh and Mr. Rahul Chopra, Advs. versus ELECTION COMMISSION OF INDIA & ANR Through: ..... Respondent Mr. P.R. Chopra, Adv. for R-1 Mr. Anjum Javed and Mr. R.D. Dhiraj, Adv. For R-2 CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(Oral) The petitioners before this Court are aggrieved from deletion of their names from the electoral roll of the constituencies in which they claim to be residing. According to the petitioners, in the first week of March, 2009, they came to know of deletion of their names from the electoral roll. One of the voters of the locality namely Mr. Arun Tyagi approached this Court by filing a writ petition being W.P(C) No.7967/2009, inter alia, seeking reinstatement of his name as well as the names of other voters who had been subjected to similar treatment. The aforesaid writ petitio...


Oct 31 2013

Smt. Neelam Chopra Vs. M/S. Allied Fruits and Florists Pvt. Ltd. and o ...

Court: Delhi

Decided on: Oct-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:28. 10.2013 Pronounced on:31. 10.2013 + LPA4232010, C.M. No.11244/2010 (for stay) & 20999/2012 (for recall of order) SMT. NEELAM CHOPRA ..Appellant Versus M/S. ALLIED FRUITS & FLORISTS PVT. LTD. AND ANR. ..... Respondents + LPA2072011, C.M. NO.4547/2011 (for stay) SMT. NEELAM CHOPRA ..... Appellant Versus M/S. ALLIED FRUITS & FLORISTS PVT. LTD. AND ORS. ..... Respondents Through: Sh. Tanmaya Mehta, Advocate (17 and 18), for appellant. Ms. Ravneet Kaur and Ms. Kavika Agnihotri, Advocates, for NDMC. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT % 1. These appeals impugn two separate orders of the learned Single LPA423/2010 & 207/2011 Page 1 Judge, disposing off W.P.(C) 10557/2009 (order dated 31.05.2010, impugned in LPA4232010) and W.P.(C) 403/2008 (order dated 10.01.2011, impugned in LPA2072011). In LPA2072011, the respondent had sought for a direction to the New Delhi Munic...


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