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Delhi Court March 2013 Judgments

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Mar 22 2013

Manju Garg and anr Vs. State

Court: Delhi

Decided on: Mar-22-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 1161/2012 Reserved on:19. h March , 2013 Decided on:22. d March, 2013 % MANJU GARG & ANR Through: ..... Petitioners Mr. M.N. Krishnamani, Sr. Adv. with Mr. Sameer Dubey, Mr. Arun K. Beriwal, Mr. Saurabh Kansal & Mr. Amit Kumar, Advs. versus STATE Through: ..... Respondent Mr. Manoj Ohri, APP for State with ASI Sumedha, PS Nanak Pura. Mr. Dinesh Mathur, Sr. Adv. with Ms. Meena Chaudhary, Adv. for complainant with complainant in person. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioners who are the mother-in-law and father-in-law respectively of the complainant Ms. Surbhi seek anticipatory bail in case FIR No. 145/2010 under Section 498A/406/34 IPC registered at PS Rohini North.2. Learned counsel for the Petitioner contends that the Petitioners have joined the investigation on 24 occasions. Raid has already been conducted at the house and whatever items of dowry/ istridhan were there, the same have been...


Mar 22 2013

Keshav Kumar Aggarwal Vs. M/S Niit Ltd.

Court: Delhi

Decided on: Mar-22-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) No. 2237/2012 Judgment delivered on:22. 03/2013 KESHAV KUMAR AGGARWAL ...Plaintiff Through: Mr. H.P. Singh with Mr. Navroop Singh, Adv. Versus M/S NIIT LTD ....Defendant Through: Mrs. Pratibha M. Singh , Adv. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR IA No. 13469/2012 in CS (OS) No. 2237/2012 1. The present case concerns the plaintiffs Intellectual Property Rights in its trademark/label TURNING POINT bearing No. 1324835 in Class 41, registered on 15-11-2005 for providing Educational Services, training, Entertainment, Sporting & Cultural Activities.2. Briefly stating the case of the plaintiff is that the Plaintiff, Shri Keshav Kumar Aggarwal is the sole proprietor of the firm M/s TURNING POINT, situated at B-1/ 30 Malviya Nagar, New Delhi which is engaged in providing Educational Services, Coaching & training for students in various Schools & Colleges, since the year 1998 under the trademark TURNING POINT, which had been duly registered b...


Mar 22 2013

The Hongkong and Shanghai Banking Corporation Ltd. Vs. Uoi and ors.

Court: Delhi

Decided on: Mar-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % W.P.(C) 11344/2009 Date of Decision:22nd March, 2013 + # ! THE HONGKONG & SHANGHAI BANKING CORPORATION LTD. ..... Petitioners Through: Mr. Rajiv Nayyar & Mr. Sandeep Sethi, Sr. Advocates with Mr. Syed Naqvi & Mr. P.P. Kanwar, Advocates versus $ * UOI & ORS. ..... Respondents Through: Respondent no. 2 in person CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: Whether respondent no.2 Ms. Manju Saxena, who was employed as a Senior Confidential Secretary in the petitioner bank at the time of termination of her services and getting monthly salary of over fifty thousand rupees, was a workman within the definition of this term given in Section 2(s) of the Industrial Disputes Act, 1947 is the only question which this Court has been called upon by the petitioner bank to decide in this writ petition wherein the correctness and legality of the Award dated 1st June,2009 passed by the Central Government Industrial Tribunal-cum-Labour Court(in sh...


Mar 22 2013

Smt. Mukesh Devi and ors. Vs. Union of India and ors.

Court: Delhi

Decided on: Mar-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.4657/2010 % March 22, 2013 SMT. MUKESH DEVI AND ORS. Through: ..... Petitioners Ms. Minal Sehgal, Advocate. versus UNION OF INDIA AND ORS. Through: ..... Respondents Mr. Jatan Singh, CGSC respondent No.1. for CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. The petitioners were appointed for different contractual periods as Auxiliary Nurses Midwives. Though the petitioners claim to have been appointed in the year 2000-01 there is no record of this fact and the only record filed on behalf of the petitioners shows that they were appointed in around the year 2007.2. It could not be disputed on behalf of the petitioners that the petitioners have not been appointed through the regular recruitment process against sanctioned posts or that there were vacancies in the sanctioned posts to which they were appointed. WP(C) No.4657/2010 Admittedly the Page 1 of 4 petitioners themselves...


Mar 22 2013

M/S. Jindal Realcon Pvt Ltd and ors Vs. M/S. Laxmi NaraIn Ram Dass and ...

Court: Delhi

Decided on: Mar-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.245/2012 % March 22, 2013 M/S. JINDAL REALCON PVT LTD & ORS ..... Appellants Through: Mr. Sanjeet Trivedi, Advocate. Versus M/S. LAXMI NARAIN RAM DASS & CO ..... Respondent Through: Mr. A.K. Gupta, Advocate. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) C.M. No.2687/2013(under Order 41 Rule 27 CPC) This is an application filed under Order 41 Rule 27 of Code of Civil Procedure, 1908 (CPC). This application is filed by the respondent in the appeal and who was the plaintiff in the trial Court. Suit of the plaintiff was decreed for recovery of money. There is no crossappeal by the respondent/plaintiff under Order 41 Rule 27 CPC. In the absence of substantive appeal, interim application in the nature of Order 41 Rule 27 CPC cannot lie. This application is accordingly dismissed. Crl. M.A. No.1961/2013 Dismissed as not pressed. C.M. Nos.15591/2012 (under Order 41 Rule 21 CPC) and 1...


Mar 22 2013

Ashwani Singh Vs. Union of India and anr.

Court: Delhi

Decided on: Mar-22-2013

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:22. d March, 2013. + W.P.(C) 1914/2013 ASHWANI SINGH ..... Petitioner Through Mr. Atul Kumar & Ms. Sweety Singh, Advocates. Versus UNION OF INDIA & ANR. ..... Respondents CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA S. RAVINDRA BHAT, J.(OPEN COURT) 1. The petitioner had applied in response to an advertisement for filling up vacancies to the post of Head Constable (Combatised Ministerial) Group C in the Indo Tibetan Border Police Force (ITBP) in July, 2011. A written test was held in November, 2011; the petitioner was declared successful and short listed to appear in the typing and skill test. He was subsequently selected in February, 2012 and detailed for medical examination after he was successful in the skill test. His candidature was rejected on 2nd March, 2012 on medical grounds; the communication cited that X-ray showing, consolidation in right mid zone.2. Aggrieved, the petitio...


Mar 22 2013

Indian Overseas Bank Vs. L.R. Joanwal and anr

Court: Delhi

Decided on: Mar-22-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d March, 2013 % + LPA 598/2012, CM No. 15084/2012 (for stay), CM No.15086/2012 (for condonation of delay) & CM No. 15087/2012 (for filing additional documents) INDIAN OVERSEAS BANK ..... Appellant Through: Mr. Dhruv Mehta, Sr. Adv. with Mr. Rajesh Kumar, Mr. Shri Ram Krishna & Mr. Prashant Narang, Advs. versus L.R. JOANWAL & ANR Through: ..... Respondents Respondent No.1 in person. Mr. Amrit Pal Singh & Mr. Gurjinder Kaur, Advs. for R-2. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the judgment dated 5th July, 2012 of the learned Single Judge of this Court allowing W.P.(C) No.23267/2005 filed by the respondent no.1 (respondent no.2 is the Union of India) and holding that the respondent no.1 was deliberately, illegally and discriminately not promoted from Middle Management Grade -III (MMGIII) to Senior Management Grade IV (SMG-IV) in the years 20...


Mar 22 2013

Csir Scientific Workers Association, Niscom Branch Vs. Union of India ...

Court: Delhi

Decided on: Mar-22-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d March, 2013 % + W.P.(C) No.2589/1999 CSIR SCIENTIFIC WORKERS ASSOCIATION, NISCOM BRANCH & ANR ..... Petitioners Through: Mr. Rohit Kumar Singh, Adv. for Mr. Prashant Bhushan, Adv. Versus UNION OF INDIA & ORS. Through: ..... Respondents Mr. Praveen Swarup, Adv. for R-2 CSIR. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This petition, by way of a Public Interest Litigation (PIL) has been filed seeking directions to the Union of India (UOI), Council of Scientific & Industrial Research (CSIR) and Dr. G.P. Phondke director of the National Institute of Science & Communication (NISCOM), New Delhi.2. It is inter alia the case of the petitioners: (i) that the CSIR was set up as a registered Society by the Government of India inter alia to facilitate industrial application and use of scientific research, with many constituent laboratories and institutions, one of which is NISCOM, esta...


Mar 22 2013

M/S. Jindal Realcon Pvt Ltd and ors Vs. M/S. Laxmi NaraIn Ram Dass and ...

Court: Delhi

Decided on: Mar-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.246/2012 % March 22, 2013 M/S. JINDAL REALCON PVT LTD & ORS ..... Appellants Through: Mr. Sanjeet Trivedi, Advocate. versus M/S. LAXMI NARAIN RAM DASS & CO ..... Respondent Through: Mr. A.K. Gupta, Advocate. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) C.M. No.2689/2013(under Order 41 Rule 27 CPC) This is an application filed under Order 41 Rule 27 of Code of Civil Procedure, 1908 (CPC). This application is filed by the respondent in the appeal and who was the plaintiff in the trial Court. Suit of the plaintiff was decreed for recovery of money. There is no crossappeal by the respondent/plaintiff under Order 41 Rule 27 CPC. In the absence of substantive appeal, interim application in the nature of Order 41 Rule 27 CPC cannot lie. This application is accordingly dismissed. Crl. M.A. No.1962/2013 Dismissed as not pressed. C.M. Nos.15580/2012 (under Order 41 Rule 21 CPC) and 1...


Mar 22 2013

Beehive Systems Pvt Ltd and ors Vs. Rajya Sabha Secretariat and ors

Court: Delhi

Decided on: Mar-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : March 20, 2013 Judgment Pronounced on : March 22, 2013 WP(C) 7184/2012 + BEEHIVE SYSTEMS PVT LTD AND ORS ..... Petitioners Represented by: Mr.Ranvir Singh, Advocate with Mr.Tileshwar Prasad, Ms.Shruti Kumari, Advocates versus RAJYA SABHA SECRETARIAT AND ORS ..... Respondents Represented by: Mr.Parag P.Tripathi, Sr.Advocate instructed by Ms.Zubeda Begum, Mr.Abhimanyu Bhandari, Ms.Aanchal Mullick, Ms.Sana Ansari, Mr.Saket Sikri, Ms.Monisha Handa, Advocates for R-1. Mr.Rajeev Sharma and Mr.Dadyam Mukherjee, Sahil Bhalaik, Advocates for R-2. Mr.Sushil Peter, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. A Request for Proposal (RFP) was published by the Broadcast Engineering Consultants India Ltd., a Government of India enterprise for procuring VIZrt Graphics System, for Rajya Sabha TV channel.2. Disclosing the intent for the Request for Proposal, it ...


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