Delhi Court November 2013 Judgments
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Sh. Peeyush Agarwal Vs. Delhi Development Authority
Court: Delhi
Decided on: Nov-20-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h November, 2013. + RFA5362013 SH. PEEYUSH AGARWAL ..... Appellant Through: Mr. Sumit Bansal, Mr. Ateev Mathur, Mr. Anuj Tyagi and Ms. Richa Oberoi, Advocates. Versus DELHI DEVELOPMENT AUTHORITY Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER % 20.11.2013 CM No.18303/2013 (for exemption) 1. Allowed, subject to all just exceptions.2. ..... Respondent The application is disposed of. RFA5362013 & CMs No.18302/2013 (for condonation of 3 days delay in filing the appeal), 18304/2013 (for condonation of 24 days delay in refiling the appeal) & 18301/2013 (for stay) 3. The appeal impugns the judgment and decree dated 4th June, 2013 of the Court of Additional District Judge (ADJ)-01 (North-East), Karkardooma Courts, Delhi of dismissal in limine of CS No.77/2013 (wrongly mentioned in the judgment as CS No.77/2003), I.D. No.02402C0146802013 filed by the appellant on the ground of the appellant/plaintiff having no cau...
Raju and ors. Vs. Indian Airlines and ors.
Court: Delhi
Decided on: Nov-20-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No.2256/2000 20th November, 2013 RAJU & ORS. Through: ......Petitioners Ms. Amita Gupta, Advocate. VERSUS INDIAN AIRLINES & ORS. Through: ...... Respondents Ms. Ratna Dwivedi Dhingra, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, petitioners seek regularization of their employment with the respondent No.1/Indian Airlines Ltd. (now Air India Limited). Admittedly, petitioners were only casual labourers. Casual labourers cannot be regularized after the judgment of the Constitution Bench of Supreme Court in the case of Secretary, State of Karnataka & Ors. vs. Umadevi & Ors., (2006) 4 SCC1 The Supreme Court in the case of Umadevi (supra) has laid down the following ratio:(I) The questions to be asked before regularization are:- (a)(i) Was there a sanctioned post (court cannot order creation of posts because finances of the state may go haywi...
Mahender Pehlwan Vs. State Nct of Delhi
Court: Delhi
Decided on: Nov-20-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI DATE OF DECISION:20. h NOVEMBER, 2013 + CRL.M.C. 1998/2013 MAHENDER PEHLWAN Through ..... Petitioner Mr. Vaibhav Sharma, Advocate versus STATE NCT OF DELHI Through ..... Respondent Ms. Fizani Hussain, APP SI Afaque Ahmad, PS Adarsh Ngr. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. This is a petition under Section 482 Cr. P.C. for setting aside of the order dated 19th December, 2012, passed by the learned Additional Sessions Judge whereby the security provided to the petitioner was withdrawn and the order dated 16th January, 2013 whereby the application seeking review of the order was dismissed.2. It is alleged in the petition that the petitioner is a prosecution witness in case FIR No.201/2010 u/s 302/307/34 IPC, PS Adarsh Nagar, Delhi. The FIR was registered against eight persons, out of whom three evaded their arrest and were declared proclaimed offender. All the accused are hardened criminals and are involved in o...
Lt Foods Limited Vs. Heritage Foods (India) Limited
Court: Delhi
Decided on: Nov-20-2013
IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) 1188 of 2011 & IAs 7950 of 2011 (u/O39R. 1 & 2 CPC), 3388 of 2013 (u/O XXVI R. 2 CPC) & 18427 of 2013 (by Plaintiff u/O VII R. 14 CPC) LT FOODS LIMITED ..... Plaintiff Through: Mr. J.Sai Deepak with Mr. Julien George, Advocates. versus HERTIAGE FOODS (INDIA) LIMITED ..... Defendant Through: Ms. Pratibha M. Singh with Mr. Arjun Mukherjee, Advocates. CORAM: JUSTICE S. MURALIDHAR ORDER2011.2013 IA No.10244 of 2011 (by Defendant u/O VII R. 10 & 11 CPC) 1. This is an application by the Defendant, Heritage Foods (India) Limited (HFIL) under Order VII Rule 10 and 11 of the Code of Civil Procedure, 1908 (CPC) seeking rejection of the plaint.2. LT Foods Limited (LTFL) has filed the above suit seeking a permanent injunction to restrain HFIL from infringing LTFLs trademark HERITAGE under Class 30 and also restraining HFIL from processing, selling, exporting, marketing, advertising or offering for sale of rice or any other cereals under the trade mar...
K.S.Laxminarayan Shastry Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-20-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No.1875/2000 20th November, 2013 K.S.LAXMINARAYAN SHASTRY Through: None. ......Petitioner VERSUS UNION OF INDIA & ORS. Through: ...... Respondents None. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Petitioner by this writ petition impugns the order of the employer/respondent no.2 dated 16.9.1999 whereby a lower wage was directed to be payable to the petitioner who was a daily wager/casual labourer. Though the writ petition contains many reliefs, the sum and substance of the reliefs is basically the claim of the petitioner for regularisation from a casual/daily wage labourer to a regular employee.2. The Constitution Bench judgment of the Supreme Court in the case of Secretary, State of Karnataka & Ors. vs. Umadevi & Ors., (2006) 4 SCC has laid down the following ratio. (I) The questions to be asked before regularization are:- (a)(i) Was there a sanctioned post (court c...
Oriental Insurance Co.Ltd. Vs. Virender Kumar and ors.
Court: Delhi
Decided on: Nov-20-2013
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:20 th November,2013 + MAC.APP. 7/2007 ORIENTAL INSURANCE CO.LTD. ..... Appellant Represented by: Mr. Pradeep Gaur, Advocate. Versus VIRENDER KUMAR & ORS. Represented by: ..... Respondents None. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is directed against the impugned award dated 06.11.2006, whereby the learned Tribunal has granted compensation as under:Rs.1. Pain & Agony :15. 000/- 2. Medical Expenses including nursing, attendant, extra-nourishment in the absence of documentary evidence :20. 000/- 3. Loss of income during the period of : treatment for a period of three months reasonably since the petitioner was admitted between 18.06.2000 to 17.07.2000 10,500/- 4. Loss of future earning capacity due to the disablement :1. 03,740/- 5. Conveyance and expenses on attendant for a period of three months without bills :10. 000/- Total :1. 59,240/- Interest at the rate of 7.5% per ann...
Jagdeep Khanna Vs. Principal Resident Commissioner and ors.
Court: Delhi
Decided on: Nov-20-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No.1350/2000 20th November, 2013 JAGDEEP KHANNA ......Petitioner Through: None. VERSUS PRINCIPAL RESIDENT COMMISSIONER & ORS. Through: None. ...... Respondents CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, petitioner impugns the order dated 13.12.1999 passed by the respondent no.1/employer/Principal Resident Commissioner terminating the contractual period of services prematurely. This order dated 13.12.1999 reads as under:No./MPB/99 Date:13. 12-99 OFFICE ORDER The services of the Jagdeep Khanna, House Manager on contract basis at M.P. Bhawan, New Delhi are terminated with effect as his services are no more required on this post vide letter No.3816/MPB/99. A cheque of Rs.10,000/- as a one months salary in lieu of termination of service as per the clause no.5 of appointment letter order No.398/MPB/98 dt. 13.2.98 is attached here with vide no.253131...
Smt. Durga Devi Vs. Smt. Prem Lata Rai and ors.
Court: Delhi
Decided on: Nov-20-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h November, 2013. + RFA1682005 SMT. DURGA DEVI Through: ..... Appellant Mr. Sudhanshu Tomar, Adv. Versus SMT. PREM LATA RAI & ORS. ..... Respondents Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree dated 12.08.2004 of the Court of Additional District Judge (ADJ), Delhi of dismissal of suit No.811/2001 filed by the appellant.2. The said suit was filed by the appellant on 13.12.2001, pleading: (a) that the appellant is the owner in physical possession of property, bearing No.50-B situated in the Revenue Estate of village Sultanpur Extension, Gurgaon Road, Mehrauli, New Delhi, measuring 55 sq. yds. being part of Khasra No.418, having purchased the same from the respondent No.3 Sh. Satya Parkash Rai vide Agreement to Sell, Power of Attorney, Will, Affidavit etc. all dated 19.07.1994; (b) that the respondent No.3 Sh. Satya Parkash Rai had in turn pur...
Ashad Vs. the State (Gnct) of Delhi
Court: Delhi
Decided on: Nov-20-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :06. 11.2013 Judgment delivered on:20.11.2013 CRL.A.1077/2010 ASHAD Through: Versus ..... Appellant Ms. Rakhi Dubey, Adv. THE STATE OF (GNCT) OF DELHI ..... Respondent Through: Mr.Sunil Sharma, APP + CRL.A.1288/2011 SHIKSHA Through: Versus ..... Appellant Ms. Anu Narula, Adv. THE STATE OF (GNCT) OF DELHI ..... Respondent Through: Mr.Sunil Sharma, APP CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 On 07.07.2005, Raj Kumar (deceased) was murdered. His dead body was recovered from an iron box of his house bearing No.236, Gali No.8, Amar Colony, New Delhi. 2 This murder was reported in the local police station on 09.07.2005 by Jai Pal (PW-6) on the information given to him by his grandson, Master Govind (PW-1) who had allegedly witnessed this incident of murder. 3 The statement of PW-1 (Ex.PW-1/A) had formed the basis of the rukka pursuant to which the present FIR No.543/20...
G.R. Arya (Through Lrs) Vs. Veena Banga and ors.
Court: Delhi
Decided on: Nov-20-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h November, 2013 % + RFA942005 G.R. ARYA (THROUGH LRS) Through: Mr. S.N. Kalra, Adv. ..... Appellant Versus VEENA BANGA & ORS. .....Respondents Through: None. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree dated 20.11.2004 of the Court of Additional District Judge (ADJ), Delhi of dismissal of suit No.74/2002 filed by the appellant / plaintiff for recovery of Rs.7,08,500/along with interest and for permanent injunction. Notice of the appeal and of the application for interim relief was issued though no interim relief granted. The appeal was on 18.07.2006 admitted for hearing and the Trial Court record requisitioned. The appellant / plaintiff filed CM No.12139/2006 under Order 41 Rule 27 of the CPC and which was on 08.09.2006 ordered to be taken up along with the appeal. The appellant / plaintiff died during the pendency of the appeal and notice of the said appl...
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