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Delhi Court March 2013 Judgments

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Mar 08 2013

Anup Kumar Das, Sole Prop. M/S Anups Creations and Vs. M/S Xerox India ...

Court: Delhi

Decided on: Mar-08-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : January 15 , 2013 DECIDED ON :8. h March, 2013 + CRL.M.C. 1397/2011 & Crl.M.A.No.5184/2011 (Stay) ANUP KUMAR DAS, SOLE PROP. M/S ANUP'S CREATIONS & ANR. ..... Petitioners Through : Mr.Suman Kapoor with Mr.Naveen Kumar, Advocates. versus M/S XEROX INDIA LTD. ..... Respondent Through : Mr.Vijay Nair, Advocate. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Petition under Section 482 Cr.P.C. has been filed for quashing of the order dated 26.02.2008 by which after taking cognizance, the learned Metropolitan Magistrate in Complaint Case No.182/1/09 M/s Xerox India Ltd.Vs.M/s Anup Creation & Anr. summoned the petitioners under Section 138 of Negotiable Instruments Act.2. I have heard the learned counsel for the petitioners and the respondents and have examined the record. Complaint case under Section 138 Negotiable Instruments Act was filed by the respondent. Vide order dated 26.02.2008 the learned Metropolitan Magistrate took cognizance an...


Mar 08 2013

Thdc India Limited Vs. Smt. T. Chandra Biswas

Court: Delhi

Decided on: Mar-08-2013

* THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on :22. 01.2013 Judgment delivered on :08. 03.2013 + WP(C) No.2506/2010 THDC INDIA LIMITED ...... PETITIONER Vs SMT. T. CHANDRA BISWAS ..... RESPONDENT Advocates who appeared in this case: For the Petitioner : For the Respondent: Mr. Neeraj Malhotra, Advocate Ms. Girija Krishan Varma, Advocate CORAM :HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J 1.The petitioner, which is a public sector undertaking has laid a challenge to a common order dated 3.3.2010 passed by the Central Information Commission (in short CIC) to the extent it directs provision of minutes of the Departmental Promotion Committee (in short DPC), pertaining to promotions made from grade E-6 to E-7 with respect to the year 2006, and grade E-7 to E-7A, for the years 2007 and 2009. 1.1 The CIC by virtue of the impugned order disposed of two appeals of the respondent vis--vis her grievance of denial of information; the details with respect to which are set out ...


Mar 08 2013

Mukesh Kumar Vs. Employees State Insurance

Court: Delhi

Decided on: Mar-08-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: March 06, 2013 Judgment pronounced on: March 08, 2013 % + W.P.(C) 696/2013 MUKESH KUMAR Represented by: ..... Petitioner Mr.B.S.Rana, Advocate. versus ..... Respondents EMPLOYEES STATE INSURANCE CORPORATION & OTHERS Represented by: Ms.Rekha Palli, Advocate with Ms.Poonam Singh, Advocate. AND W.P.(C) 1497/2013 RAJAT KUMAR Represented by: ..... Petitioner Mr.B.S.Rana, Advocate. versus ..... Respondents Ms.Rekha Palli, Advocate with Ms.Poonam Singh, Advocate. MINISTRY OF LABOUR AND ANR Represented by: AND W.P.(C) 1498/2013 RAHUL SHARMA Represented by: ..... Petitioner Mr.B.S.Rana, Advocate. versus MIN. OF LABOURS AND ANR Represented by: ..... Respondents Ms.Rekha Palli, Advocate with Ms.Poonam Singh, Advocate. AND W.P.(C) 1504/2013 SEEMA Represented by: ..... Petitioner Mr.B.S.Rana, Advocate. versus MIN. OF LABOURS AND ANR Represented by: ..... Respondents Ms.Rekha Palli, Advocate with Ms.Poonam Singh, Advocate. CORAM: HON'BL...


Mar 08 2013

Rai Singh Dahiya Vs. N.D.P.L. and anr.

Court: Delhi

Decided on: Mar-08-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 11411/2009 8th March, 2013 RAI SINGH DAHIYA ..... Petitioner Through: Mr. Arvind Chaudhary, Adv. versus N.D.P.L. & ANR. ..... Respondents Through: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Arjun Pant, Adv. for R-1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. The only limited issue in this writ petition is as to who is liable to make payment of the dues of the petitioner, who was an erstwhile employee of DVB, and whose services have thereafter been transferred to the DISCOM/respondent no.1/North Delhi Power Ltd.2. towards Learned senior counsel for the respondent no.1 argues that the liability pension W.P.(C) 11411/2009 and terminal benefits etc would be not of DISCOM/respondent no.1, but of the relevant Pension Trust i.e respondent no.3. This issue has already been considered by me against the respondent No.1 herein in a batch of cases with lead case titled as Iqbal...


Mar 08 2013

Housing and Urban Development Corporation Ltd. Vs. Leela Hotels Limite ...

Court: Delhi

Decided on: Mar-08-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:8. h March, 2013 % + EFA(OS) 34/2012 HOUSING & URBAN DEVELOPMENT CORPORATION LTD. ..... Appellant Through: Mr. Harish Malhotra, Sr. Adv. & Mr. Rajeeve Mehra, ASG with Mr. Sanjay Kumar & Ms. Mehak Nakra, Advs. Versus LEELA HOTELS LIMITED Through: ..... Respondent Mr. Rajiv Nayyar, Sr. Adv. with Mr. Abhimanyu Mahajan, Adv. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The appellant impugns the order dated 06.09.2012 of the learned Single Judge in the course of execution of an arbitral Award dated 25.06.2002 having force of a decree under Section 36 of the Arbitration & Conciliation Act, 1996 (Arbitration Act).2. The arbitral Award dated 25.06.2002, insofar as relevant for the present purposes, awarded interest to the respondent / decree holder against the appellant / judgment debtor on the amounts awarded, at the rate of 20% per annum pre-arbitration and pendente lite and at the rate ...


Mar 08 2013

Resmi Rajeev Vs. Directorate of Education and anr.

Court: Delhi

Decided on: Mar-08-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 339/2012 8th March, 2013 RESMI RAJEEV ..... Petitioner Through: Dr. M.P.Raju and Ms. Mary Scaria, Advocates. versus DIRECTORATE OF EDUCATION & ANR. Through: ..... Respondents Ms. Navratan Chaudhary, Ms. T.Pongener and Ms. L. Gangmei, Adv. for R-1/DOE. Mr. K.N.Jaya Sankar, Adv. for R-2. 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 is filed by the petitioner Smt. Resmi Rajeev seeking directions that the petitioner should not be considered as overage inasmuch as the age bar has to be seen not on the date of grant-in-aid to the school or from the date of recognition of the school but from the date of original appointment of the petitioner.2. The facts of the case are that the petitioner was appointed as a clerical staff with the respondent no.2-school on 1.4.1998. On completion of her period of probation on 1.4.1999, she was regularized in servic...


Mar 08 2013

Manish Soni Vs. the State (Govt. of Nct) Delhi

Court: Delhi

Decided on: Mar-08-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :13. h February, 2013 DECIDED ON :8. h March, 2013 + CRL.A. 1008/2012 MANISH SONI Through : ....Appellant Mr.Chetan Lokur, Advocate. versus THE STATE (GOVT. OF NCT) DELHI .Respondent Through : Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The appellant- Manish Soni challenges correctness of judgment dated 21.09.2011 and order on sentence dated 29.09.2011 in Sessions Case No. 09/2010 arising out of FIR No. 738/2007 PS Connaught Place by which he was held guilty for committing offences under Sections 328/379 IPC and sentenced to undergo RI for five years with total fine ` 30,000/-.2. Allegations against the accused were that on 30.10.2007 at 05.30 P.M at Volga Restaurant, he and Co-Convict Sachin Gandhi administered some intoxicant substance to victim/ complainant- Chambak Vasu Dinesh and Rajesh Kalidass and deprived them of gold chain, locket, gold bracelet, cash ` 3,500/-, mobile phone, key of car, driving l...


Mar 08 2013

New India Mosaic and Marble Co. P. Ltd. Vs. Bhandari Builders Pvt. Ltd ...

Court: Delhi

Decided on: Mar-08-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: March 1, 2013 Decision on: March 8, 2013 Execution Petition No. 188 of 2005 NEW INDIA MOSAIC & MARBLE CO. P. LTD . ..Decree Holder Through: Mr. Trideep Pais & Mr. Shivam Sharma, Advocates versus BHANDARI BUILDERS PVT. LTD. ..... Judgment Debtor Through: Mr. S.S. Jauhar, Advocate CORAM: JUSTICE S. MURALIDHAR JUDGMENT 08 03.2013 Review Petition No. 217 o1. This review petition seeks recall of an order dated 22nd March 2012 passed by the Court in Execution Petition No.188 of 2005.2. The execution petition has been filed by the Decree Holder (DH), New India Mosaic & Marble Co. P. Ltd., seeking the enforcement of the decree dated 24th September 2002 passed by the learned Single Judge of this Court in CS (OS) Nos.3141-A of 1991 and 3142 of 1991, by which an Award dated 29th July 1991 in favour of the DH and against the Judgment Debtor (JD), Bhandari Builders Pvt. Ltd., was made rule of the Court.3. In terms of the decree the DH had to be p...


Mar 08 2013

Ramesh Vs. State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Mar-08-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:8. h March, 2013 + CRL. A. 738/2009 RAMESH Through: ..... Appellant Thakur Virender Pratap Singh Charak, Advocate versus 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 08.05.2009 and an order on sentence dated 13.05.2009 passed by the learned Additional Sessions Judge(ASJ) in Sessions Case No.196/2007 FIR No.271/2005 P.S. Sultan Puri whereby the Appellant was held guilty for the offences punishable under Sections 376/363 IPC. He was sentenced to undergo rigorous imprisonment for 07 years and to pay a fine of `2,000/- or in default to undergo SI for two months for the offence punishable under Section 376 IPC. He was further sentenced to undergo rigorous imprisonment for 03 years and to pay a fine of `1,000/- or in default to undergo SI for one month for the offence...


Mar 08 2013

Asha Rani Gupta Vs. Ravindra Memorial Public School and anr

Court: Delhi

Decided on: Mar-08-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.4757/2012 % March 08, 2013 ASHA RANI GUPTA Through: ..... Petitioner Ms. Kusum Sharma, Adv. versus RAVINDRA MEMORIAL PUBLIC SCHOOL AND ANR ..... Respondents Through: Mr. S.K.Shukla, Adv. for R-1. Ms. Sangeeta Sondhi with Mr. Sanjeev Narula, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. In this writ petition, there are essentially two issues. One is the claim of the petitioner that she has not been allowed to join the services of the school. Second is with regard to implementation of the recommendations of the Sixth Pay Commission read with the circular dated 11.2.2009 of the Director of Education.2. So far as the issue of the termination of the services of the petitioner is concerned, the Supreme Court in the judgment in the case of Shashi Gaur vs. NCT of Delhi & Ors., 2001 (10) SCC 44.has held that every sort of removal from service, is actionable by fili...


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