Delhi Court February 2013 Judgments
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The Management of Ashok Hotel Vs. their Workman and anr
Court: Delhi
Decided on: Feb-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:3. d October, 2012 Decided on:19. h February, 2013 % + W.P.(C) 14828/2006 & CMs 2387/2012 & 9739/2012 THE MANAGEMENT OF ASHOK HOTEL ..... Petitioner Through: Mr. V.K. Rao, Sr. Advocate with Mr. Vaibhav Kalra, Advocate. Versus THEIR WORKMAN & ANR ..... Respondents Through: Mr. B.K. Sinha, Advocate. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioner impugns the award dated 5th October, 2005 whereby the Petitioner was directed to frame a policy and consider the case of 20 members of the Respondent No.1 for regularization in terms of the policy.2. Learned counsel for the Petitioner contends that the impugned award is contrary to the law laid down by the Constitution Bench in Steal Authority of India Ltd. and others vs. National Union Waterfront Workers and others, 2001 (7) SCC 1 wherein it was held that for violation of Sections 7 and 12 of the Contract Labour (Regulation and Abolition) Act (in short the CLR...
Friends Foundation Vs. Nar Bahadur
Court: Delhi
Decided on: Feb-19-2013
$~9 *IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 203/2011 Judgment reserved on 14th February, 2013 Judgement delivered on 19th February, 2013 % FRIENDS FOUNDATION Through: ..... Appellant Mr. Rajesh Gupta, Mr. Sandeep Puri, Advs. along with Mr. Narender Singh-Attorney of Appellant in person. Versus NAR BAHADUR Through: ..... Respondent Mr. R.M. Sinha, Adv. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.1. Appellant-plaintiff has preferred this appeal against the judgment and decree dated 7th January, 2010 passed by the trial court whereby suit for possession, mesne profit, damages and permanent injunction filed by the appellant against respondentdefendant has been dismissed.2. Appellant alleged in the plaint that it was a charitable society registered under the Societies Registration Act, 1860 having its registered office at 313/1, Inderlok, Delhi. Appellant was exclusive owner of property bearing no. 5354, First Floor, Ward No. XV, Ladoo Ghatti, Pahar Ganj, New Delhi 110055. ...
Sheela Joshi and ors. Vs. Air India (Formly Known as National Aviation ...
Court: Delhi
Decided on: Feb-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:29. 01.2013 Judgment pronounced on:19. 02.2013 LPA No.806/2012 SHEELA JOSHI & ORS. Through : ..... Appellants Mr. Arvind Kumar Sharma , Adv. Versus AIR INDIA (FORMLY KNOWN AS NATIONAL AVIATION COMPANY OF INDIA LTD. (NACIL) THR. GENERAL MANAGER Through : .... Respondent Mr. Lalit Bhasin, with Ms. Ratna D. Dhingra, Ms. Bhavna, Ms. Sneha Balkrishnan Advs. And + W.P.(C) No.6465/2012 SHEELA JOSHI & ORS. Through : ..... Petitioners Mr. Arvind Kumar Sharma , Adv. versus AIR INDIA (FORMLY KNOWN AS NATIONAL AVIATION COMPANY OF INDIA LTD. (NACIL) THR. GENERAL MANAGER Through : LPA No.806/2012 & W.P.(C) No.6465/2012 .... Respondent Mr. Lalit Bhasin, with Ms. Ratna D. Dhingra, Ms. Bhavna, CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. The petitioners/ appellants are working as Cabin Crew with the respondent Air India. A Memorandum of Settlement (MOS) Form-H was entered into between Air Corporation Em...
Airports Authority of India Vs. Nirmala Devi and ors.
Court: Delhi
Decided on: Feb-19-2013
$~R1-~R6. * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: January 31st, 2013 Pronounced on: February 19th, 2013 % + LPA 429/2007 AIRPORTS AUTHORITY OF INDIA ..... Appellant Through: Mr Digvijay Rai, Adv. Versus NIRMALA DEVI & ORS. .... Respondents Through: Mr. Rajiv Virmani, Sr. Advocate with Mr. Atul Shankar Mathur and Ms. Shruti Verma, Advocates. Mr Rajiv Bansal and Mr Rahul Bhandari, Advs. for DDA Mr.Yeeshu Jain, Adv. for Nodal Officer Mr Milanka Chaudhury and Mr Abhishek Sharma, Advs. for DIAL Mr. Dipesh Chaudhary and Mr. Kunwar Udai Bhan, Advocates And + LPA 431/2007 AIRPORTS AUTHORITY OF INDIA Through: Mr Digvijay Rai, Adv. ..... Appellant Versus DAYA NAND & ORS. Through: ..... Respondents Mr. Rajiv Virmani, Sr. Adv with Mr Atul Shankar Mathur and Ms Shruti Verma, Advs for respondent No.1 Mr Rajiv Bansal and Mr Rahul Bhandari, Advs. for DDA Mr Milanka Chaudhury and Mr Abhishek Sharma, Advs. for DIAL Mr. Sanjay K. Pathak, Advocate for LAC/Nodal Officer And + LPA 432/2007 AI...
Ram Avtar Yadav Vs. Directorate of Education and anr.
Court: Delhi
Decided on: Feb-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.8318/2011 % February 19, 2013 RAM AVTAR YADAV Through: ..... Petitioner Mr. Amit George, Advocate with Mr. Abin Mathew, Advocate. versus DIRECTORATE OF EDUCATION AND ANR. ...... Respondents Through: Mr. Anuj Tyagi, Advocate with Mr. Sachin Chopra, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed by the petitioner, an employee of the respondent No.1, and who was working with the respondent No.2-school at the time of his retirement, seeking the following reliefs:(i) Issue a Writ, order, or direction in the nature of mandamus directing the Respondents to pay to the Petitioner: (A) The salary and other attendant benefits of the Petitioner as a Post Graduate Teacher for a period of two years i.e from 01.06.2008 to 31.05.2010, along with interest at @ 12% per annum from when the amounts became due and till the date of payment; and (B) Pay i...
Neelam Singh and ors. Vs. DolphIn International and ors.
Court: Delhi
Decided on: Feb-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. d November, 2012 Pronounced on:19th February, 2013 + MAC.APP. 93/2012 NEELAM SINGH & ORS. Through: ..... Appellants Mr. O.P. Gulabani, Advocate versus DOLPHIN INTERNATIONAL & ORS. ..... Respondents Through: Mr. Vishwanath Bahuguna, Adv. for R-1. Mr. Abhishek Kumar Adv. with Mr. Punit Vinay, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The Appeal is for enhancement of compensation of `17,35,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellants (the Claimants) for the death of Sunil Kumar who died in a motor vehicle accident which occurred on 20.07.1997.2. In the written statement filed by Respondent No.2 (the Oriental Insurance Company Limited) it disputed the liability to pay the compensation. On appreciation of evidence, the Claims Tribunal found that Respondent No.2 being insurer of the vehicle involved in the accident was liable to pay the ...
Anil Kumar Vs. Sunita and ors.
Court: Delhi
Decided on: Feb-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h February, 2013 + CRL. A.774/2011 ANIL KUMAR ..... Appellant Mr. R.S. Kansotia with Mr. Y.S. Verma, Advocates. Through: versus SUNITA & ORS. Through: ..... Respondents Ms. Rashmi Jain, Advocate. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is directed against an order dated 26.04.2011 passed by the Judge, Family Court whereby an Application under Section 311 Code of Criminal Procedure (the Code) preferred by the Appellant for recalling the Respondent was dismissed.2. Section 19 of the Family Courts Act, 1984(the Act) permits a party aggrieved of any judgment or order not being an interlocutory order to file an Appeal to the High Court both on facts and on law.3. Appeal is creature of a statute. Thus, this Court is, therefore, first required to consider whether an Appeal is maintainable against such an order and secondly, whether there is any merit in the plea taken by the Appellant.4....
Puneet Kumar Agarwal Vs. M/S Imaginations Agri Exports and ors
Court: Delhi
Decided on: Feb-19-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h February, 2013 % + IA No.1804/2012 (of the defendants u/O 3.R-3(5) CPC for leave to defend) in CS(OS) NO.922/2010 PUNEET KUMAR AGARWAL ..... Plaintiff Through: Mr. Neeraj Gupta & Mr. Arvind Vashistha, Advs. Versus M/S IMAGINATIONS AGRI EXPORTS & ORS...... Respondents Through: Mr. Rahul Shukla & Mr. B.B. Shukla, Advs. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The plaintiff has instituted this suit under Order 37 of the Code of Civil Procedure (CPC) on the basis of a dishonoured cheque of the defendant No.1, a partnership firm of which the defendants No.2 to 4 are partners, for a sum of Rs.21,21,550/- together with interest at the rate of 15% in the sum of Rs.4,50,850/- for the period prior to the institution of the suit i.e. for recovery of a total sum of Rs.25,72,400/-. Summons for appearance and thereafter summons for judgment were issued. On 27.02.2012, finding that the defendants No.1&2 had no...
Sheela Joshi and ors. Vs. Air India (Formly Known as National Aviation ...
Court: Delhi
Decided on: Feb-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:29. 01.2013 Judgment pronounced on:19. 02.2013 LPA No.806/2012 SHEELA JOSHI & ORS. Through : ..... Appellants Mr. Arvind Kumar Sharma , Adv. Versus AIR INDIA (FORMLY KNOWN AS NATIONAL AVIATION COMPANY OF INDIA LTD. (NACIL) THR. GENERAL MANAGER Through : .... Respondent Mr. Lalit Bhasin, with Ms. Ratna D. Dhingra, Ms. Bhavna, Ms. Sneha Balkrishnan Advs. And + W.P.(C) No.6465/2012 SHEELA JOSHI & ORS. Through : ..... Petitioners Mr. Arvind Kumar Sharma , Adv. versus AIR INDIA (FORMLY KNOWN AS NATIONAL AVIATION COMPANY OF INDIA LTD. (NACIL) THR. GENERAL MANAGER Through : LPA No.806/2012 & W.P.(C) No.6465/2012 .... Respondent Mr. Lalit Bhasin, with Ms. Ratna D. Dhingra, Ms. Bhavna, CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. The petitioners/ appellants are working as Cabin Crew with the respondent Air India. A Memorandum of Settlement (MOS) Form-H was entered into between Air Corporation Em...
Dr. Pramod Hatwal Vs. Acu Magnetic Treatment Centre Llc
Court: Delhi
Decided on: Feb-19-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1364/2009 DR. PRAMOD HATWAL ..... Plaintiff Through: Mr. Keshav Thakur, Advocate with plaintiff in person. versus ACU MAGNETIC TREATMENT CENTRE LLC Through: None. ..... Defendant Date of Decision:19. h February, 2013 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral) 1. Present suit for recovery of money on account of breach of agreement of service has been filed with the following prayers:a) for Rs.1,25,00,000/- on account of breach of contract of service; b) Interest past and future @ 18% PA as and when accrued due pendente lite. c) cost of litigation. d) Any other relief or reliefs deemed just and proper in the facts and circumstances of the case.2. Initially the suit was filed as an indigent petition. However, on 06th July, 2009, leave under Order 33 Rule 1-A CPC was granted by this Court and the plaintiff was permitted to sue as an indigent person. On 24th September, 2010, defendant was proceeded ex parte.3. The ...
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