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Delhi Court February 2013 Judgments

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Feb 26 2013

Delhi Tourism and Transportation Development Corp. L Vs. Azad Singh

Court: Delhi

Decided on: Feb-26-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:21. 02.2013 Judgment pronounced on :26. 02.2013 LPA No. 472/2012 DELHI TOURISM & TRANSPORTATION DEVELOPMENT CORP. LTD. ..... Appellant Through: Mr S.B. Upadhya, Sr. Adv with Mr P.C. Sen and Ms Sara Sundaram, Adv. versus AZAD SINGH .... Respondent Through: Mr. Anuj Aggarwal, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. The respondent before this Court was working as a driver with the appellant. On 11.12.1987, a chargesheet was issued to him on the allegations that on 27.12.1987, he along with an outsider, entered the office of the appellant in N-Block of Connaught Place, started consuming liquor in the said office and misbehaved with the staff posted there, thereby indulging into acts unbecoming of a Government servant. The said chargesheet was followed by an inquiry in which the charges against the respondent were held to be proved. The Disciplinary Authority, vide order dated 26.0...


Feb 26 2013

Ram Avtar Bairwa Vs. Sunita Devi @ Santra

Court: Delhi

Decided on: Feb-26-2013

* HIGH COURT OF DELHI AT NEW DELHI + MAT. APPL. NO.61 OF 200.Decided on :26. h February, 2013 RAM AVTAR BAIRWA Through: Appellant Mr. Akhilesh Singh, Adv. Versus SUNITA DEVI @ SANTRA Through: Respondent Mr. Satish K.Sansi, Adv. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is an appeal filed by the appellant against the judgment dated 03.4.2007 passed by the learned ADJ, Delhi thereby granting a decree of restitution of conjugal rights in favour of the petitioner /respondent and against the appellant.2. Briefly stated the facts of the case are that the appellant /husband got married to the respondent according to Hindu rites and ceremonies on 30.10.1990 at Rajasthan. After the marriage, the parties lived together and cohabited as husband and wife and were blessed with two daughters. It was alleged by the respondent/wife in the petition that the appellant/husband had been subjecting her to harassment and mental torture and humiliation on the ground of her having brou...


Feb 26 2013

Mukesh Kumar Vs. Chairman, Staff Selection Commission and Another

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Feb-26-2013

Shekhar Agarwal, Member (A): 1. The applicants have sought the following relief:- (i) direct the respondents to issue appointment letters to the applicants to the post of Sub Inspector (Executive) with immediate effect with all consequential benefits; (ii) to direct the respondents to maintain the seniority of the applicants in the merits of 1994 batch, of Sub Inspector (Executive); (iii) to declare that there being clear 24 vacancies available to the post of S.I. (Executive) from 1994 batch, the applicants are entitled to be appointed against those vacancies; (iv) to pass such other/further order(s) as this Honble Tribunal may deem fit and proper in the facts and circumstances of the case to meet the ends of justice. 2. The applicants were graduates and had applied for the post of Sub-Inspector (Executive) in Delhi Police in response to a notice of the Staff Selection Commission (SSC) published in the Employment News on 11.03.1994. The result of the written examination was declared o...


Feb 25 2013

Dhanpati Ram Vs. Union of India and ors

Court: Delhi

Decided on: Feb-25-2013

* + % 1. IN THE HIGH COURT OF DELHI AT NEW DELHI LPA 413/2012 DHANPATI RAM ..... Appellant Through: Counsel for the appellant. versus UNION OF INDIA AND ORS ..... Respondent Through: Mr Rajeeve Mehra, ASG with Mr Ravinder Aggarwal, CGSC, Mr Aditya Malhotra, Adv for respondent No. 1 (Union of India) Mr D.S. Chauhan and Mr Rajinder Juneja and Mr Siddharth Aggarwal, Advs. for respondent No. 2 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN The appellant was ORDER 25 02.2013 employed with respondent No.2 Rural Electrification Corporation (REC) and retired from its service on 31.01.2004. On 19.07.2006 a meeting was held under the Chairmanship of Secretary (Power), Government of India. The discussions held in the said meeting were recorded by way of a Summary and to the extent it is relevant, the said Summary reads as under:Js(RE) briefed Secretary (P) that REC had given a presentation on the revision of pay scales of Below Board Level Executives on 9.5.2006 wherein Secretary ...


Feb 25 2013

Cit Vs. Suresh Nanda

Court: Delhi

Decided on: Feb-25-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + + + Judgment delivered on:25. 02.2013 ITA 85/2013 ITA 100/2013 ITA 87/2013 CIT ... Appellant versus SURESH NANDA ... Respondent Advocates who appeared in this case: For the Appellant For the Respondent : Mr Sanjeev Rajpal : Mr C.A. Sundaram, Sr. Adv. with Mr Ajay Wadhwa, Mr Sandeep Kapur, Mr Laksh Khanna, Ms Rohini Musa, Mr Govind Singh Grewal, Advs. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. These appeals have been filed by the revenue under section 260A of the Income-tax Act, 1961 (hereinafter referred to as the said Act) and they pertain to the assessment years 2001-02, 2002-03 and 2003-04. All these appeals arise out of the common order passed by the Tribunal on 24.07.2012 in ITA Nos. 1428, 1429 and 1430/Del/2012.2. The main issue that is sought to be raised in these appeals is with regard to the residential status of the respondent/assessee. According to the learned couns...


Feb 25 2013

A.P.Verma Vs. National Council of Educational Research and Trainin

Court: Delhi

Decided on: Feb-25-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. 02.2013 W.P.(C) 8489/2011 A.P.VERMA ..... Petitioner versus NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING ..... Respondent AND W.P.(C) 8491/2011 A.K.SACHETI ..... Petitioner versus NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING ..... Respondent Advocates who appeared in these cases: For the Petitioners : Mr Manu Mridul with Mr Anant K.Vatsya and Ms Priyanka Singh. For the Respondent : Mr R.K.Singh with Ms Deepa Rai and Ms Reena Chongtham. CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J.1. These two petitions assail the common judgment and order dated 10.11.2010 passed by Central Administrative Tribunal (hereinafter referred to as Tribunal) in OA No.1160/2010 and OA No.1168/2010 whereby the Tribunal dismissed the original applications of the petitioners.2. Since the above petitions raise common issues, this common Judgment shall dispose of the afor...


Feb 25 2013

Dr.Jairaj Singh Sagar Vs. Mcd Thru??? Commissioner

Court: Delhi

Decided on: Feb-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on : January 22, 2013 Judgment Pronounced on : February 25, 2013 WP(C) 5544/2011 MCD REPRESENTED BY ITS COMMISSIONER ...Petitioner Represented by: Mr.Yatendra Sharma, Advocate. versus DR. VED PRAKASH KANOJI & ANR. ..... Respondents Represented by: Mr.P.S.Bindra and Ms.Shweta Priyadarshini, Advocates for R-1. Mr.Rajshekhar Rao and Mr.Anand K.Mishra, Advocates for R-2. + WP(C) 4223/2012 DR.JAIRAJ SINGH SAGAR ...Petitioner Represented by: Mr.Rajshekhar Rao, Advocate. versus MCD THRU COMMISSIONER .Respondents Represented by: Mr.Anubhav Mehrotra, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.1. In the year 2001 Dr.Ved Prakash Kanoji and Dr.Jai Raj Singh Sagar were working on the posts of Deputy Health Officer and Resident Medical Superintendent respectively in the Municipal Corporation of Delhi.2. In the same year i.e. 2001, irregularities were detected in the purcha...


Feb 25 2013

Ranbir Singh Vs. Delhi Transport Corporation

Court: Delhi

Decided on: Feb-25-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA 76/2013 RANBIR SINGH ..... Appellant Through: Mr Ashwini Kumar and Mr Puneet Saini, Advs. versus DELHI TRANSPORT CORPORATION ..... Respondent Through: Ms Saroj Bidawat, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER 25 02.2013 % The appellant was employed with the respondent. Vide order dated 14.01.1993, the respondent dismissed the appellant from service and remitted one months wages to him. Since at the time the aforesaid order dated 14.01.1993 was passed, the appellant was concerned in an industrial dispute, which was pending adjudication, a petition under Section 33(2)(b) of Industrial Disputes Act was filed by the respondent, seeking approval to remove the appellant from service. On an industrial dispute being raised by the appellant with respect to his removal vide order dated 14.01.1993, the said dispute was referred to the Industrial Tribunal for adjudication. The Industrial Tribunal vide order dated 28....


Feb 25 2013

Digam Singh Vs. Anshu Prakash and ors.

Court: Delhi

Decided on: Feb-25-2013

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: February 25, 2013 + W.P.(C) 1254/2012 DIGAM SINGH ..... Petitioner Represented by: Mr.Amit Gupta, Advocate. versus ANSHU PRAKASH & ORS. ..... Respondents Represented by: Ms.Zubeida Begum and Ms.Sana Ansari, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. The writ petitioner was appointed, on contract basis, as a qualified paramedic by Government of NCT of Delhi on July 23, 1998 and the terms of engagement were that he would be paid a fixed amount each month. The engagement continued with a break of one day after 89 days each and the writ petitioner filed OA No.2235/1999 praying before the Tribunal that the principle of equal pay for equal work was violated. The said petition registered as OA No.2235/1999 was disposed of by the Tribunal directing that on the principle of equal pay for equal work the petitioner should be paid pay and allowances at pa...


Feb 25 2013

Narvir Singh Vs. Union of India and Others

Court: Delhi

Decided on: Feb-25-2013

$-6 * + IN THE HIGH COURT OF DELHI AT NEW DELHI WP(C) No.3439/2010 Date of decision :25. h February, 2013 % NARVIR SINGH Through : ..... PETITIONER Col.(Retd.) S.R. Kalkal, Adv. versus UNION OF INDIA & OTHERS ..... Respondents Through : Ms. Barkha Babbar, Adv. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.(Oral) CM No.18869/2012 By way of this application, the legal representatives of Cdr. Narvir Singh (Retd.) seek to be impleaded as petitioners as he has unfortunately expired on 16th September, 2012. For the reasons stated in the application, the application is allowed. WP(C) No.3439/2010 1. By way of this writ petition, the petitioner assails the order dated 22nd March, 2010 passed by the Armed Forces Tribunal in O.A. no.211/2009 rejecting the prayer of the petitioner for grant of pro-rata pension to him from the date of his discharge from the Indian Army and a direction to the respondents to release service pension under Regulation 23 of the Pe...


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