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Delhi Court February 2013 Judgments

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Feb 20 2013

Veda Research Laboratories Ltd. Vs. Survi Projects

Court: Delhi

Decided on: Feb-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:20.02.2013 FAO(OS) NO.100/2013 & C.M. No.2992/2013 (for stay) VEDA RESEARCH LABORATORIES LTD. Through: ..... Appellant Mr.Rajesh Banati, Adv. versus SURVI PROJECTS Through: .... Respondent None. CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. Appellant is aggrieved by the order of the leaned single Judge dated 07.11.2012 whereby the objections filed by him under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) impugning the Award dated 28.9.2006 had been dismissed.2. Disputes between the appellant and the respondent arose out of an agreement dated 31.01.1998 entered into between the parties for the construction of a factory building of the appellant at Noida. Work was to commence on 01.2.1998 and was to be completed by 30.9.1998. It was valued at Rs.1,25,56,948 after adjusting a rebate of 2% of the value of the work....


Feb 20 2013

Ms. Usha Bhandari Vs. New Green Field School and ors.

Court: Delhi

Decided on: Feb-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.4483/1996 % February 20, 2013 MS. USHA BHANDARI ..... Petitioner Through: Dr. Surat Singh, Sr. Adv. with Mr. Biswarup Mukherjee, Adv. versus NEW GREEN FIELD SCHOOL & ORS. ..... Respondents Through: Mr. Nitesh Kr. Singh, Adv. for Ms. Avnish Ahlawat, Adv. for R- 3 & 4. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J.MEHTA, J (ORAL) 1. This writ petition filed under Article 226 of the Constitution of India impugns the order of the Delhi School Tribunal dated 29.8.1996. By the order dated 29.8.1996, the Delhi School Tribunal upheld the order dated 21.10.1995 of the disciplinary authority imposing a major penalty of removal from service of the petitioner/teacher from the respondent WP(C) No.4483/1996 page 1 of 20 No.1/school. The disciplinary authority in its order dated 21.10.1995 accepted the findings of the enquiry officer dated 10.2.1995 by which the enquiry officer found all the seven ch...


Feb 20 2013

Civil Services Officers Institute Vs. Dargah Panch Peer and ors.

Court: Delhi

Decided on: Feb-20-2013

* HIGH COURT OF DELHI AT NEW DELHI + FAO NO.258 OF 200.Decided on :20. h February, 2013 CIVIL SERVICES OFFICERS INSTITUTE Appellant Through: Mr.Parag P.Tripathi, Sr.Adv. with Ms.Jagrati Singh, Adv. Versus DARGAH PANCH PEER & ORS. Respondents Through: Ms.Mansi Gupta, Adv. for MCD CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) CM 21239/2011(for recalling of order dated 24.10.2008) 1. This order shall dispose of the applications bearing CM Nos.21239/11, 21240/2011, 21241/11, 21242/11, 21243/11.2. The matter was passed over in the first call, however, despite the second call, there is no appearance on behalf of the applicant/R-1.3. Mr.Tripathi, learned senior counsel appearing for the appellant has stated that filing of these applications is the gross abuse of the processes of law inasmuch as even after passing of the consent order on 24.10.2008, the applicant/respondent No.1 had subsequent thereto filed applications for recalling/modification/cancellation of the order dated 24....


Feb 20 2013

Sheila Kaul Thr. Ms Deepa Kaul Vs. State Thr. Cbi

Court: Delhi

Decided on: Feb-20-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 1816/2012 & Crl.M.A. 6432/2012 (stay) Reserved on:31. t January, 2013 Decided on:20. h February, 2013 % SHEILA KAUL THR. MS DEEPA KAUL Through ..... Petitioner Ms. Rebecca M. John, Mr. Harsh Bora, Advs. versus STATE THR. CBI Through ..... Respondent Ms. Sonia Mathur, SC for CBI. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioner challenges the order dated 2 nd February, 2012 directing framing of charge against the Petitioner for offences under Section 120B IPC read with Section 7, 8, 9, 10, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1947 (in short the PC Act) and also the substantive offences under these Sections.2. Learned counsel for the Petitioner contends that the Petitioner at best used her discretionary power to make out of turn allotments following the rules empowering her to do so. Even if the Petitioner committed any violation of the rules, the same cannot be a subject ...


Feb 20 2013

Union of India and ors. Vs. Kishan Chand

Court: Delhi

Decided on: Feb-20-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: February 20, 2013 + W.P.(C) 3571/2011 UNION OF INDIA & ORS. ..... Petitioners Represented by: Mr.R.V.Sinha, Advocate and Mr.R.N.Singh, Advocate. versus KISHAN CHAND ..... Respondent Represented by: Ms.Minal Sehgal, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) WP(C) No.3571/2011 1. Pertaining to Artisans i.e. Craftsmen the posts under the respondent are : (i) Skilled (HS-I); (ii) Highly Skilled (HS-II); and (iii) Master Craftsman (MCM).2. The applicable Rule requires 25% Highly Skilled Tradesman to be placed in the pay-scale of Master Craftsman. It is not to be considered as a part of the hierarchy in the post.3. Respondent Kishan Chand and one Chander Prakash were placed in the pay-scale of Master Craftsmen and later on the benefit was sought to be withdrawn on the plea that the post of a Master Craftsman being a promotional post the two were wrongly ...


Feb 20 2013

Sangeeta Bajaj Vs. School Management of Sri Guru Nanak Public School

Court: Delhi

Decided on: Feb-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.1092/2013 % February 20, 2013 SANGEETA BAJAJ Through: ..... Petitioner Mr. Raj Kumar Sherawat, Advocate. versus SCHOOL MANAGEMENT OF SRI GURU NANAK PUBLIC SCHOOL AND ANR. ..... Respondents Through: Ms. Ferida Satarawala, Adv. for GNCTD. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. One notices a tendency, these days, that, in a number of cases persons are approaching the Court to scuttle the enquiry proceedings which are still pending pursuant to a charge sheet which is issued. Of course, each case has to be seen on its own facts and in a particular case where the charge sheet is issued without jurisdiction or the enquiry proceedings are grossly malafide or lacking in some vital aspects, Courts can and do exercise discretion to stay the enquiry proceedings, however, that does not mean that ordinarily enquiry proceedings should be allowed to be scuttled at the initial s...


Feb 20 2013

Basti Sugar Mills Company Ltd. Vs. .

Court: Delhi

Decided on: Feb-20-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CO.PET. No. 275 of 2011 Reserved on: January 31, 2013 Decision on: February 20, 2013 PHENIL SUGARS PRIVATE LTD ..... Petitioner Through: Mr. Amit S. Chadha, Senior Advocate with Mr. Uday Kumar, Mr. Mayank Bhughana, Mr. Upendra Prasad, Mr. Sanjay K. Singh and Mr. Naveen Chawla, Advocates. Dr. Manmohan Sharma, Advocate for Intervener/Mr. H.K. Chadha. Mr. Rajiv Bahl, Advocate for Official Liquidator. Mr. K.S. Pradhan, Dy. Registrar of Companies. WITH CO.PET. No. 276 of 2011 BASTI SUGAR MILLS COMPANY LTD. ..... Petitioner Through: Mr. Amit S. Chadha, Senior Advocate with Mr. Uday Kumar, Mr. Mayank Bhupana, Mr. Upendra Prasad, Mr. Sanjay K. Singh and Mr. Naveen Chawla, Advocates. Dr. Manmohan Sharma, Advocate for Intervener/Mr. H.K. Chadha. Mr. Rajiv Bahl, Advocate for Official Liquidator Mr. K.S. Pradhan, Dy. Registrar of Companies. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 20 02.2013 1. Company Petition No. 275 of 2011 is by Phenil Sugars Pvt. Ltd (PSPL...


Feb 20 2013

Shri Jagbir Singh Vs. Union of India and ors.

Court: Delhi

Decided on: Feb-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. 02.2013 + W.P.(C) 3893/1997, CM APPL. 7468/1997 SHRI JAGBIR SINGH ..... Petitioner Through : Sh. H.S. Dahiya and Ms. Anita Sharma, Advocates. versus UNION OF INDIA & ORS ..... Respondents Through : Sh. Ruchir Mishra with Sh. M.P. Singh, Advocates with Sh. S.K. Jha, Assistant Commandant. HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The petitioner claims various directions, essentially in the nature of policy realm, in respect of the service in the Central Industrial Security Force (CISF).2. The brief facts are that the petitioner was appointed as Assistant Commandant (AC) on 13.07.1989, a Junior Time Scale post in the CISF. In accordance with the recruitment rules, he became eligible for the post of Commandant after 6 years and was, in fact, promoted with effect from 20.07.1995. He approached this Court in 1997. At that stage, the complaint was ...


Feb 20 2013

Pappan Kasana Vs. the State (Nct of Delhi)

Court: Delhi

Decided on: Feb-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :31. t January, 2013 DECIDED ON :20. h February, 2013 + CRL.A. 1020/2011 PAPPAN KASANA Through : ....Appellant Ms.Anita Abraham, Advocate. versus THE STATE (NCT OF DELHI) .Respondent Through : Ms.Fizani Husain, APP. ASI Rajender Singh, PS Sangam Vihar. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The present appeal is directed against the impugned judgment dated 02.04.2011 in Sessions Case No.38/2009 arising out of FIR No.876/2004 PS Sangam Vihar by which the appellant- Pappan Kasana was convicted for committing offences punishable under Sections 392/394/34 IPC and sentenced to undergo RI for five years with fine ` 2,000/- under Section 392/34 IPC and in default of payment of fine to further undergo SI for six months. He was also sentenced to undergo RI for five years with fine ` 2,000/- under Section 394/34IPC and in default of payment of fine to further undergo SI for six months. Both the sentences were to operate concurrent...


Feb 20 2013

Bharat Consultants Pvt Ltd Vs. Ndmc Through the Assessing Authority

Court: Delhi

Decided on: Feb-20-2013

$~59. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1099/2013 & CM 2083/2013 BHARAT CONSULTANTS PVT LTD Through : ..... Petitioner Mr.Sanjay Poddar, Adv. for Sr.Adv. along with Mr.Sandeep Bajaj, Mr.Govind Kumar and Ms.Navlin, Advs. versus NDMC THROUGH THE ASSESSING AUTHORITY..... Respondent Through : Ms.Madhu Tewatia and Ms.Sidhi Arora, Advs. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI ORDER % 20.02.2013 1. Present writ petition has been filed by petitioner under Article 226 of the Constitution of India seeking to quash/set aside the impugned order dated 21.1.2013 and the consequent property tax bill dated 2.2.2013.2. As per the petition, petitioner is the owner of the premises bearing no.169, Golf Links, New Delhi. Prior to the year 2006, the premises in question was being assessed and the property tax bills were raised by the respondent taking the rateable value of the property at the rate of Rs.42,000/-, per annum. On 27.2.2007 the respondent issued a show cause notice to the petit...


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