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Delhi Court February 2013 Judgments

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Feb 22 2013

Javed @ Bhura Vs. the State (Nct of Delhi)

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : February 05, 2013 DECIDED ON : February 22, 2013 + CRL.A. 624/2011 JAVED @ BHURA Through : ..... Appellant Mr.Gautam Khazanchi, Advocate with Mr.Aditya Wadhwa & Mr.Adit S.Pujari, Advocates. VERSUS THE STATE (NCT OF DELHI) .... Respondent Through : Mr.M.N.Dudeja, APP. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. The appellant Javed @ Bhura impugns the judgment dated 11.03.2010 in Sessions Case No.48/2009 arising out of FIR No.12/2007 registered at Police Station New Usman Pur by which he was convicted for committing offence punishable under Sections 394/397/34 IPC and sentenced to undergo RI for seven years with total fine of `6,000/-.2. Allegations against the accused were that on 05.01.2007 at about 09:30 P.M. in House not T-187, Gali No.2, Gautam Puri, he with his associate Naeem committed robbery and deprived Ram Niwas and his wife of `2,000/- and ear-rings. The case was registered on the statement of the victim Ram Niwas. During...


Feb 22 2013

Delhi Development Authority Vs. Santosh Kumari Khanna

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 849/2012 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through Ms. Shobhana Takiar, Advocate versus SANTOSH KUMARI KHANNA ..... Respondent Through Mr. Sitab Ali Chaudhary, Advocate CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN % 1. ORDER 22 02.2013 The respondent before us obtained registration with the appellant DDA under its New Pattern Registration Scheme, 1979 (NPRS-1979) for allotment of an MIG flat. The residential address disclosed by the appellant in the application form was 6/15-A, Vijay Nagar, Double Storey, Delhi, where she was residing at that time. Two occupational addresses were also given by her one of the place where, he was working as a teacher at that time and from where she retired on 29th April, 2002 and the other of the place where her husband was working at that time and where he still continues to work.2. In September, 1989, the respondent changed her residential address to C-1/46, Malka Ganj, Sabzi M...


Feb 22 2013

Mrs. Sushila Kaul Vs. Govt. of Nct of Delhi and ors

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision: February 22, 2013 W.P.(C) 1156/2013 MRS. SUSHILA KAUL ..... Petitioner Represented by:Mr.Ram Kanwar, Advocate versus GOVT. OF NCT OF DELHI AND ORS Represented by:Nemo ..... Respondents CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.1. By way of this petition under Article 226/227 of the Constitution of India, petitioner has impugned the order dated July 20, 2011 whereby the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as `the Tribunal) has dismissed the OA 2544/2011 of the petitioner on the ground that claims made therein are stale.2. Petitioner was appointed as Trained Graduate Teacher (TGT) w.e.f. October 12, 1970 in the language stream and was posted in Government Girls Senior Secondary School, Narela, Delhi in the pay scale of ` 220550. She served for 13 years in the same capacity uptil September 29, 1983 in various secondary schools...


Feb 22 2013

Rakesh @ Raku Vs. the State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d February, 2013 + CRL. A. 750/2009 RAKESH @ RAKU Through: ..... Appellant Ms. Rakhi Dubey, Adv. versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through: Ms. Jasbir Kaur, APP for the State. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. This Appeal is directed against a judgment dated 02.04.2009 and an order on sentence dated 29.04.2009 passed by the learned Additional Sessions Judge (ASJ) in Sessions Case No.15/1/08 FIR No.642/2005 Police Station Ashok Vihar whereby the Appellant was held guilty for the offences punishable under Sections 342/376/506 IPC. He was sentenced to undergo Rigorous Imprisonment (RI) for a period of six months and to pay a fine of `1000/- or in default of payment of fine to undergo Simple Imprisonment (SI) for a period of 30 days for the offence punishable under Section 342 IPC; and RI for a period of one year and to pay fine of `1,000/- or in default of payment ...


Feb 22 2013

Shahzad Vs. State

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d February, 2013 + CRL.A. 358/2012 SHAHZAD Through: ..... Appellant Mr. Sunil Tiwari, Adv. versus STATE Through: ..... Respondent Ms. Rajdipa Behura, APP for the State. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. This Appeal is directed against a judgment dated 21.01.2012 and an order on sentence dated 25.01.2012 passed by the learned Additional Sessions Judge (ASJ) in Sessions Case No.83/2009 FIR No.378/2007 registered at Police Station Chandni Mahal whereby the Appellant was held guilty for the offences punishable under Sections 307/34 IPC. He was sentenced to undergo Rigorous Imprisonment (RI) for a period of five years and to pay a fine of `1000/- or in default of payment of fine to undergo Simple Imprisonment (SI) for a period of three months for the offence punishable under Section 307/34 IPC.2. At the time of hearing of the Appeal an application being Crl. MA No.2372/2013 under Section 48...


Feb 22 2013

Amrapali Institute Technology and anr Vs. Union of India and ors

Court: Delhi

Decided on: Feb-22-2013

$~42. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1177/2013 & CM 2216/2013 % Order dated 22.02.2013 AMRAPALI INSTITUTE TECHNOLOGY AND ANR ..... Petitioners Through : Mr.Sandeep Sethi, Sr. Adv. with Mr.S.Udaya Kr.Sagar, Ms.Bina Madhavan and Ms.Praseena Elizabeth Josephy, Advs. versus UNION OF INDIA AND ORS ..... Respondents Through : Mr.Amitesh Kumar, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Present writ petition has been filed by petitioners under Article 226 of the Constitution of India seeking a writ of certiorari for setting aside the communication dated 6.2.2013 issued by respondent no.2 to the petitioner. The petitioners also seek a writ of mandamus directing respondent no.2 to inspect petitioner no.1 institute to verify the compliance.2. With the consent of learned senior counsel for the petitioners and counsel for respondent no.2 the writ petition is being disposed of at the stage of notice itself in view of the fact that respondent no.2 has e...


Feb 22 2013

New India Assurance Co Ltd. Vs. Vauki Devi and ors.

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 340/2010 % Judgment reserved on:11. h February, 2013 Judgment delivered on:22. d February, 2013 NEW INDIA ASSURANCE CO LTD. ..... Appellant Through: Mr. D.K. Sharma, Adv. Versus VAUKI DEVI & ORS. ..... Respondents Through: Mr. Nitinjya Chaudhary and Ms. Sushma, Advs. for R1 to R7. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Instant appeal has been filed against the impugned award dated 01.04.2010, whereby appellant has been held responsible to pay compensation amount, consequently, directed to pay said amount in favour of the respondents / claimants.2. The sole ground of challenge in this petition is that the deceased, who had loaded the cement in the offending vehicle, sustained fatal injuries while travelling in the offending vehicle for the delivery of the cement at the place of owner, was not a representative of owner of the goods.3. Ld. Counsel for the appellant has submitted, PW1, son of the deceased admitted that ...


Feb 22 2013

Manoj Vs. the State of Nct of Delhi

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :13. h February, 2013 DECIDED ON :22. d February, 2013 + CRL.A.458/2006 MANOJ Through : ....Appellant Mr.Bhupesh Narula, Advocate. versus THE STATE OF NCT OF DELHI .Respondent Through : Ms.Fizani Husain, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The appellant- Manoj impugns judgment dated 08.02.2006 and order on sentence dated 14.02.2006 of learned Additional Sessions Judge in Sessions Case No.21/2005 arising out of FIR No.743/2004 PS Sangam Vihar by which he was convicted for committing offence punishable under Section 376 IPC and sentenced to undergo RI for ten years with fine ` 2,000/- and in default of payment of fine to further undergo RI for three months.2. Allegations against the appellant were that on 12.10.2004 at about 06.00 or 07.00 P.M. in his jhuggi near Jain Mandir, Suraj Kund road he committed rape upon prosecutrix X (assumed name) aged about 9 years. During investigation, the prosecutrix was medically e...


Feb 22 2013

Shivani Sharma Vs. Ram Chander and ors.

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.104/2003 & CM No.426/2003 Date of decision :22. d February , 2013 % SHIVANI SHARMA Through : ..... Appellant Mr. Navneet Goyal, Adv. versus RAM CHANDER AND ORS. .Respondents Through : Mr. Divya Pratap, Adv. CORAM :HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT 1 The appellant has challenged the award of the Claims Tribunal whereby compensation of `5,50,000/- has been awarded to the appellant. The appellant seeks the enhancement of the award amount.2. The accident dated 1st April, 1992 resulted in grievous injuries to the appellant. The appellant was sixteen year old at the time of the accident. She was waiting for her school bus with her father near Madhuban Chowk when truck not DIL-7447, driven rashly and negligently by Respondent no.1, came from Peeragarhi Chowk and hit the left side patri with a great force and went over the pavement after crushing the left foot of the appellant. The crush injuries resulted in the amputation of the four to...


Feb 22 2013

Dharam Raj Vs. the Chairman Cum-md, D.T.C. and ors

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: February 22, 2013 + W.P.(C) 1157/2013 DHARAM RAJ ..... Petitioner Represented by: Mr.Sanjoy Ghose, Advocate versus THE CHAIRMAN CUM-MD, D.T.C. AND ORS ..... Respondents Represented by: Ms.Avnish Ahlawat with Ms.Latika Chaudhry, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. Learned counsel for the writ petitioner would urge that under an erroneous belief that while levying the penalty of stoppage of one increment with cumulative effect and that issue pertaining to the period petitioner remained suspended for purposes of pay and service rendered for pensionary purposes had yet to be considered, while dismissing the Original Application filed by the petitioner the Tribunal has left the issue open to be decided by the Competent Authority regarding period during which petitioner remained suspended.2. Relevant facts to be noted by us are that admittedly the w...


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