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Delhi Court November 2013 Judgments

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Nov 08 2013

Delhi Transport Corporation Vs. Manju and ors.

Court: Delhi

Decided on: Nov-08-2013

* HIGH COURT OF DELHI AT NEW DELHI + F.A.O. No.418/2010 Decided on :8. h November, 2013 DELHI TRANSPORT CORPORATION Through: Appellant Ms.Arati Mahajan Shedha, Advocate. Versus Respondents MANJU & ORS. Through: Mr.N.S.Dalal, Advocate. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. The appellant/DTC has challenged the order dated 21.04.2010 passed by the Commissioner, Workmens Compensation directing the appellant to pay a sum of `3,38,880/- along with interest at the rate of 12% per annum to the respondents on account of death of one Mr.Amrit Rai employed as a driver with the appellant/DTC.2. I have heard the learned counsel for the appellant as well as the learned counsel for the respondents. The issue arising for consideration of the court in the instant appeal is a short one and the issue is as to whether the death of the deceased Sh.Amrit Rai, who admittedly died on duty because of a heart attack, could be said to be an accident arising out of and in the course of em...


Nov 08 2013

Nk R. Narayanaswamy Vs. Uoi and Others

Court: Armed forces Tribunal AFT Principal Bench New Delhi

Decided on: Nov-08-2013

1. Heard learned counsel for petitioner. This OA has been filed before the Principal Bench of the Tribunal, in spite of the fact that admittedly the petitioner is a resident of Tamil Nadu and the Regional Bench, Chennai of the Tribunal is functional having jurisdiction for the Tamil Nadu matters. The petitioners own contention in Para 2 of the OA is that the Principal Bench had been kind enough to cover, adjudication of covered maters, irrespective territorial jurisdiction of various applicants and thus, the present Original Application could also be considered as a special case. 2. The reason given itself clearly demonstrates that there is hardly any reason in eye of law. Any order passed by any bench is having its precedent value as per the jurisdiction of the Bench hearing subsequent to that decision and this cannot be law that when one issue is decided by Principal Bench or a Regional bench then all matters should go to the Principal Bench or the Regional Bench who have decided the...


Nov 07 2013

Mahendra Pandey and anr. Vs. Secretary, Ministry of Environment and Fo ...

Court: Delhi

Decided on: Nov-07-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:22. 10.2013 Date of Decision:07. 11.2013 WP(C) No.3141 of 2012 CM No.6753 of 2012 (Stay) MAHENDRA PANDEY & ANR. ....Petitioners Through: Ms. Ruchi Kohli, Ms. Vidushi & Mr. Yash Mishra, Advs. Versus SECRETARY, MINISTRY OF ENVIRONMENT & FORESTS AND ORS. ....Respondents Through: Mr. Rajeeve Mehra, ASG with Mr. Sachin Datta, CGSC & Mr. Vineet, Adv. for the UOI. Mr. Sandeeep Prabhakar, Mr. Amit Kumar & Mr. Pratap Behra, Advs. for R-3, 4 & 5. + WP(C) No.7034 of 2012 RANI GUPTA Through: ....Petitioner Ms. Ruchi Kohli, Ms. Vidushi & Mr. Yash Mishra, Advs. Versus SECRETARY, MINISTRY OF ENVIRONMENT & FORESTS AND ORS. ....Respondents Through: Mr. Rajeeve Mehra, ASG with Mr. Sachin Datta, CGSC & Mr. Vineet, Adv. for the UOI. Mr. Sandeeep Prabhakar, Mr. Amit Kumar & Mr. Pratap Behra, Advs. for R-3, 4 & 5. + WP(C) No.103 of 2013 MIN MEC CONSULTANCY PVT. LTD. ....Petitioner Through: Ms. Ruchi Kohli, Ms. Vidushi & Mr. Yash Mishra, Advs...


Nov 07 2013

Paul Nanda and ors. Vs. Ritnand Balved Education Foundation

Court: Delhi

Decided on: Nov-07-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: October 10, 2013 Decision on: November 7, 2013 CS (OS) 247 of 2004 RITNAND BALVED EDUCATION FOUNDATION..... Plaintiff Through: Mr. Rajesh Yadav, Mr. Rajan Chawla & Ms. Ruchira V. Arora, Advocates versus PAUL NANDA & ORS. Through: ..... Defendants Mr. T.K. Ganju, Senior Advocate with Mr. Vikas Dhawan & Mr. S.P. Das, Advocates WITH CS (OS) 1318 of 2004 & IA Nos. 11036 of 2007, 15251 of 2009, 2071 of 2011, 5356 of 2012 PAUL NANDA & ORS. Through: ..... Plaintiff Mr. T.K. Ganju, Senior Advocate with Mr. Vikas Dhawan & Mr. S.P. Das, Advocates versus RITNAND BALVED EDUCATION FOUNDATION...... Defendant Through: Mr. Rajesh Yadav, Mr. Rajan Chawla & Ms. Ruchira V. Arora, Advocates CORAM: JUSTICE S. MURALIDHAR JUDGMENT0711.2013 1. Both these suits arise out a common set of facts. They have been tried together. CS (OS) No.247 of 2004 has been filed by Ritnand Balved Education Foundation (RBEF) against late Admiral S.M. Nanda for a permanent inju...


Nov 07 2013

MIn Mec Consultancy Pvt. Ltd. Vs. Secretary, Ministry of Environment a ...

Court: Delhi

Decided on: Nov-07-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:22. 10.2013 Date of Decision:07. 11.2013 WP(C) No.3141 of 2012 CM No.6753 of 2012 (Stay) MAHENDRA PANDEY & ANR. ....Petitioners Through: Ms. Ruchi Kohli, Ms. Vidushi & Mr. Yash Mishra, Advs. Versus SECRETARY, MINISTRY OF ENVIRONMENT & FORESTS AND ORS. ....Respondents Through: Mr. Rajeeve Mehra, ASG with Mr. Sachin Datta, CGSC & Mr. Vineet, Adv. for the UOI. Mr. Sandeeep Prabhakar, Mr. Amit Kumar & Mr. Pratap Behra, Advs. for R-3, 4 & 5. + WP(C) No.7034 of 2012 RANI GUPTA Through: ....Petitioner Ms. Ruchi Kohli, Ms. Vidushi & Mr. Yash Mishra, Advs. Versus SECRETARY, MINISTRY OF ENVIRONMENT & FORESTS AND ORS. ....Respondents Through: Mr. Rajeeve Mehra, ASG with Mr. Sachin Datta, CGSC & Mr. Vineet, Adv. for the UOI. Mr. Sandeeep Prabhakar, Mr. Amit Kumar & Mr. Pratap Behra, Advs. for R-3, 4 & 5. + WP(C) No.103 of 2013 MIN MEC CONSULTANCY PVT. LTD. ....Petitioner Through: Ms. Ruchi Kohli, Ms. Vidushi & Mr. Yash Mishra, Advs...


Nov 07 2013

Sushant Vs. Sunder Shyam Singh

Court: Delhi

Decided on: Nov-07-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 27/2013 and CM Nos.2932-33/2013 SUSHANT Through : versus SUNDER SHYAM SINGH Through : % ..... Appellant Mr. Sunil Dutt Dixit, Advoate. ..... Respondent Respondent is ex-parte. Date of Decision : November 07, 2013 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE PRATIBHA RANI JUDGMENT : REVA KHETRAPAL, J.1. By way of this appeal, the Appellant seeks to impugn the order dated December 13, 2012 passed by the learned Single Judge dismissing the suit of the Appellant for partition and rendition of accounts.2. The aforesaid suit was filed by the Appellant Master Sushant (minor) through his natural guardian and mother against his father Shri Sunder Shyam Singh (the Respondent herein). Appellant/Plaintiff has averred in the plaint that The the Respondent/Defendant received, by devolution various movable and immovable properties enumerated in the plaint from his father late Shri Joginder Singh (grandfather of the Appellant/Plainti...


Nov 07 2013

Dit-i, International Taxation Vs. Alcatel Lucent Usa, Inc.

Court: Delhi

Decided on: Nov-07-2013

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:7. h November, 2013 + ITA3272012, ITA3302012, ITA3382012 & ITA3392012 DIT-I, INTERNATIONAL TAXATION .......Petitioner versus ALCATEL LUCENT USA, INC. + ......Respondent ITA3282012, ITA3292012, ITA3362012, ITA3372012 & ITA3402012 DIT-I, INTERNATIONAL TAXATION .......Petitioner versus ALCATEL LUCENT WORLD SERVICES INC ....Respondent Advocates who appeared in this case: For the Petitioner : Mr N. P. Sahni, Advocate. For the Respondent : Mr M. S. Syali, Sr. Advocate with Mr Mayank Nagi, Ms Husnal Syali, Advocates. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT R.V.EASWAR, J1 These are nine appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). They are directed against the common order passed by the Income Tax Appellate Tribunal on 21.10.2011 in ITA Nos. 3821 to 3824/de1/2011 and ITA Nos. 3825 to 3829/de1/2011. There are two respondents...


Nov 07 2013

Harender Singh Vs. Adivasi Kalyan Samittee

Court: Delhi

Decided on: Nov-07-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h November, 2013. % + RFA712010 HARENDER SINGH & ORS. Through: Mr. N.S.Dalal, Adv. ..... Appellants Versus ADIVASI KALYAN SAMITTEE ..... Respondent Through: Mr. Amresh Kumar, Adv. AND + RFA772010 HARENDER SINGH Through: ..... Appellant Mr. N.S.Dalal, Adv. Versus ADIVASI KALYAN SAMITTEE ..... Respondent Through: Mr. Amresh Kumar, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. Both appeals impugn the common judgment and decree dated 22nd December, 2009 of the Court of Additional District Judge, Delhi, of dismissal of suit No.84/08/94 filed by the three appellants namely Shri Harender Singh, Ms. Kusum Lata Jain and Shri Kiran Singh against the respondent Adivasi Kalyan Samitee and decreeing suit No.85/08/95 filed by the said Samitee against the appellant Shri Harender Singh and three other persons, namely, Smt. Shyama Bansal, Shri Shashi Karan Garg and Shri Indraj Singh Jatav. Of the said three perso...


Nov 07 2013

Dharampal Vs. Directorate of Education and ors.

Court: Delhi

Decided on: Nov-07-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.740/2007 7th November, 2013 % DHARAMPAL Through: ......Petitioner Mr. Sunil Kumar Jha, Advocate. VERSUS DIRECTORATE OF EDUCATION & ORS. ...... Respondents Through: Mr. Kumardeb Sengupta, Adv. for Ms. Avnish Ahlawat, Advocate for R1 & 2. 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 seeks grant of senior scale w.e.f 24.3.1987. Senior scale is sought by seeking application of the circulars of the Government of NCT(Department of Education) dated 12.8.1987 and 30.10.1991. Petitioner was appointed as a language teacher in the schoolShree Shiv Middle School, Shivkuti, Teliwara, Delhi-06, and it is claimed that petitioner on completion of 12 years in the selection grade on 24.3.1987 and hence became entitled to grant of senior scale. For the completion of narration it may be stated that even as per the circulars relied upon by the petitioner ...


Nov 07 2013

Shashi Bhushan Vs. Dhani Ram and ors

Court: Delhi

Decided on: Nov-07-2013

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:7. h November, 2013 % + MAC.APP. 718/2011 SHASHI BHUSHAN Represented by: ..... Appellant Mr.M.K. Sharma, Adv. Versus DHANI RAM & ORS Represented by: for R3. ..... Respondents Mr.D.K. Sharma, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is directed against the impugned award dated 22.03.2011, whereby learned Tribunal has granted compensation as under:1.2. 3.4. 5.6.7. Compensation towards pain and suffering Loss of amenities, enjoyment & compensation for disfiguration Loss of earning capacity due to injuries Loss of earning of petitioner for 4 months Expenses towards medical bills Compensation towards conveyance and special diet (without bills) Cost of artificial limb MAC.APP. 718/2011 Therefore, in my opinion the petitioner is entitled to Rs.8,60,411/-(rounded off to Rs.8,60,450/-) which shall be the just compensation to petitioner. 2. While granting compensation as noted abov...


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