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Delhi Court March 2013 Judgments

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Mar 18 2013

Digamber Garments and anr. Vs. Government of Nct of Delhi and anr

Court: Delhi

Decided on: Mar-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 166/2013 DIGAMBER GARMENTS & ANR. Through: ..... Appellants Mr. Manoj Goel with Mr. Jagmohan Sharma and Mr. Gopal Verma, Advs. versus GOVERNMENT OF NCT OF DELHI & ANR. Through: ..... Respondent Mr. Anusuya Salwan, Ms. Renuka Arora and Mr. Vikas Sood, Advs. for DSIDC Ms. Ferida Satarawala and Ms. Suman Kukrety, Advs. for R-1 And + LPA 167/2013 DIGAMBER GARMENTS & ANR. Through: ..... Appellant Mr. Manoj Goel with Mr. Jagmohan Sharma and Mr. Gopal Verma, Advs. versus GOVERNMENT OF NCT OF DELHI & ANR. Through: ..... Respondent Mr. Anusuya Salwan, Ms. Renuka Arora and Mr. Vikas Sood, Advs. for DSIDC CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER % 18.03.2013 CM 4642/2013 & 4645/2012 (exemption) in LPA 166/2013 & CM 4647/2013 & 4651/2012 (exemption) in LPA 167/2013 Exemption allowed, subject to all just exceptions. The applications stand disposed of. CM 4641/2013 (stay), 4643/2012 (delay of 6 days in filing the appeal), 46...


Mar 18 2013

Shakti Mandir Premwati Public School Vs. Usha Kiran Verma and ors

Court: Delhi

Decided on: Mar-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 1758/2013 18th March, 2013 SHAKTI MANDIR PREMWATI PUBLIC SCHOOL Through: ..... Petitioner Mr. Rajiv Bajaj, Adv. versus USHA KIRAN VERMA AND ORS Through: ..... Respondents Mr. Rajiv Aneja, Adv. for R-1 to 8. Ms. Sana Ansari, Adv. for Ms. Zubeda Begum, Adv. for R/DOE. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) CM No. 3359/2013 (Exemption) Exemption allowed subject to just exceptions. CM stands disposed of. W.P.(C) No. 1758/2013 & CM No.3358/2013 (Stay) 1. By this writ petition challenge is laid to the order dated 26.2.2013 of the Delhi School Tribunal which has directed imprisonment of the Manager of the School in exercise of the powers under Section 27 of the Delhi School Education Act, 1973.2. Counsel for the petitioner has today handed over eight pay orders of the value of Rs.6,10,000/- (Rupees six lacs ten thousand only) each to the counsel appearing for responden...


Mar 18 2013

A.i.i.M.S. and ors. Vs. S.S.Rawat and ors

Court: Delhi

Decided on: Mar-18-2013

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: March 18, 2013 + W.P.(C) 130/2012 A.I.I.M.S. & ORS. Represented by: ..... Petitioners Mr.Sumit Babbar, Advocate with Mr.Mehmood Pracha, Advocate for AIIMS. versus S.S.RAWAT AND ORS Represented by: ..... Respondents Mr.Anurag Mathur, Advocate for R-1. Mr.Sunil Kumar, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. The respondent No.1 was employed, on temporary basis, as a Statistical Assistant with the writ petitioner in the year 1973. subsequently confirmed in service. He was The petitioner receives funds from various bodies and organizations to conduct research, implement programmes or monitor the same. The petitioner was the nodal agency to implement the Integrated Child Development Scheme (ICDS) formulated by the Central Government. In the year 1983, with consent of petitioner, the respondent joined ICDS on deputation as a Research Officer...


Mar 18 2013

Esic Vs. Cd Security Services Network Ltd

Court: Delhi

Decided on: Mar-18-2013

* HIGH COURT OF DELHI AT NEW DELHI + CM No.4674/2013 and FAO NO.142/2013 Decided on:- March 18th , 2013 ESIC Through: .Appellants Mr.Sunny Arora for Mr.Bhupesh Narula, Adv. Versus CD SECURITY SERVICES NETWORK LTD. Respondent Through: None. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(Oral) 1. This is an appeal filed by the appellant against the order dated 05.08.2011 along with an application seeking condonation of delay of 850 days in re-filing the appeal. Vide impugned order, the matter was remanded back to the appellate authority for the purpose of reconsideration of its order after taking into consideration the documents, which have been furnished by the respondents.2. I have heard the learned counsel for the appellant and gone through the record. According to Rule 5, Chapter 1, Part A(a) Delhi High Court Rules, the appeal, in case of objections must be collected from the Registry and re-filed within a period of one week. Although a period of one week is given for the purpos...


Mar 18 2013

National Insurance Co.Ltd. Vs. Mamta and ors.

Court: Delhi

Decided on: Mar-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. No.507/2008 % Judgment reserved on:14. h March, 2013 Judgment delivered on:18th March, 2013 NATIONAL INSURANCE CO.LTD. ..... Appellant Through: Ms. Manjusha Wadhwa, Advocate. Versus MAMTA & ORS. Through: ..... Respondents Ms. Manjeet Chawla, Advocate for R1 to R4. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. The present appeal is preferred against the impugned award dated 04.07.2008 passed in suit No. 604/2005 titled as Smt. Mamta & Anr v. Vishram Yadav & Ors, whereby the learned Tribunal has directed the appellant to pay Rs.4,80,028/- along with interest at the rate of 7% per annum from the date of filing of the petition.2. The main ground taken in the instant appeal is that the learned Tribunal has erred by holding that the insurance company being the insurer is liable to pay the compensation and same can be recovered from respondent Nos. 5 and 6.3. Ms. Manjusha Wadhwa, learned counsel appearing on behalf of the appella...


Mar 18 2013

Banarsi Dass Vs. Chairman-cum-managing Director Bharat Sanchar Bhawan ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Mar-18-2013

Shekhar Agarwal, Member (A): 1. The applicant has filed this OA, seeking the following reliefs: i) to set aside and quash the impugned penalty orders dated 15.01.10, Annexure A-1 alongwith Appellate Authority order dated 15.07.2011, Annexure A-21 with all consequential benefits of refund of the deducted amount and restore the applicants pay which he has been drawing before imposition of penalty. ii) any other relief deemed fit and proper in the facts and circumstances of the case, may also be granted in favour of the applicant alongwith heavy costs against the Respondents, in the interest of justice. 2. Facts of the case are that applicant was working as Senior SDE (MM) in the office of GMTD, Moradabad in the year 2004 when a charge-sheet was served to him vide Memo NO.VID-UPT(W)/M-9/9/04 dated 22.09.2004. The applicant Shri Banarsi Das denied the charges levelled against him vide his letter dated 27.12.2004. The Chief General Manager issued an order dated 09.05.2005 to commence an inq...


Mar 15 2013

Sanagul Vs. State Nct of Delhi and anr

Court: Delhi

Decided on: Mar-15-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. h March, 2013 + CRL.M.C. 3933/2011 SANAGUL ..... Petitioner Through: Ms. Sangita Bhayana, Advocate versus STATE NCT OF DELHI & ANR Through: ..... Respondents Ms. Rajdipa Behura, APP for the State along with SI Jagdish pal, P.S. Kamla Market. Mr. Amit Gupta, Advocate for the Respondent No.2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Petitioner invokes the inherent powers of this Court under section 482 of the Code of Criminal Procedure (Code) for quashing of FIR No.86/2011 under Sections 471/420/463/468 IPC registered in Police Station (PS) Kamla Market.2. A civil suit for cancellation of a sale deed dated 24.10.2007 in respect of the Second Floor of property No.2325-26, Ward No.7, Gali Meer Madari, Mohalla, Rodgaran, Delhi-110006 was filed by the Petitioner against the Respondent No.2 on the ground that the Respondent No.2 fraudulently got executed the above said sale deed on the pretext of exec...


Mar 15 2013

Capt. Vijender Singh Chauhan Vs. Parsvnath Developers Ltd.

Court: Delhi

Decided on: Mar-15-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CO. PET. No. 118 of 2013 CAPT. VIJENDER SINGH CHAUHAN ..... Petitioner Through: Mr. Sarat Chandra, Mr. Sachin Chandra and Mr. M.B. Singh, Advocates. versus PARSVNATH DEVELOPERS LTD. ..... Respondent CORAM: JUSTICE S. MURALIDHAR ORDER 15 03.2013 CA No. 402 of 2013 (for condonation of delay in re-filing the petition) For the reasons stated in the application the delay in re-filing the petition is condoned. The application stands disposed of. Co. Pet. No. 118 of 2013 and CA No. 401 of 2013 (for appointment of Provisional Liquidator) 1. The Petitioner, Captain Vijender Singh Chauhan who was working as Senior General Manager-Projects of the Respondent company, Parsvnath Developers Limited (PDL), seeks its winding up in this petition under Section 433(e) read with Sections 434 and 439 of the Companies Act, 1956 (Act) on the ground of the inability of PDL to pay the debt owing to him.2. By a letter dated 28th March 2008, the Petitioner was appointed to ...


Mar 15 2013

Pocket B Mig Flats Welfare Association Vs. Dda and ors

Court: Delhi

Decided on: Mar-15-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA 160/2013 POCKET B MIG FLATS WELFARE ASSOCIATION ..... Appellant Through : Mr. S.N. Gupta, Mr. S.S. Shukla, Mr. Mohit Bhardwaj, and Mr. Gaurav Kakar, Adv. Versus DDA & ORS. ..... Respondents Through : None CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER % 15.03.2013 CM 4500/2013 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of. CM 4501/2013 (delay) For the reasons stated in the application, the delay in re-filing the appeal is condoned. The application stands disposed of. LPA 160/2013 & CM 4499/2013 (stay) The appellant before us is an Association of allottees of MIG Flats of DDD in Pocket-B, East Loni Road, Delhi. The case of the appellant is that in its broachers for allotment of flats in the aforesaid locality, the DDA had stated that two community halls for occasional gathering were in the process of construction, but, a sub station was constructed on the site earmark...


Mar 15 2013

Mohd. MoIn Vs. the State

Court: Delhi

Decided on: Mar-15-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15. h March, 2013 + CRL.A. 248/2012 MOHD. MOIN ..... Appellant Through: Mr.Sunil Tiwari, Advocate versus THE STATE Through: ..... Respondent 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 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.M.A. No._______/2013(to be re...


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