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Delhi Court March 2013 Judgments

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Mar 04 2013

Tarun Chadha Vs. Karishma

Court: Delhi

Decided on: Mar-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Crl. M.C. No.215/2011 Date of Decision:4. h March, 2013 + # ! TARUN CHADHA Through: ....Petitioner Mr. Shailender Dahiya, Advocate Versus $ KARISHMA Through: .Respondents Mr. Davinder N. Grover, Advocate & Crl. M.C. No.254/2011 # ! KARISHMA .....Petitioner Through: Mr. Davinder N. Grover, Advocate Versus $ * TARUN CHADHA & ANR. .Respondents Through: Mr. Shailender Dahiya, Advocate for respondent No.1 Mr. M.N. Dudeja, APP for the State CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K. BHASIN, J: Petitioner in Crl. M.C.No.215/2011 is the husband of the petitioner in Crl.M.C. 254/2011 and he has sought setting aside of the order dated 03rd August, 2010 passed in C.C. No.26/1/10 vide Section 12 of the Protection of Women from Domestic Violence Act, 2005 (The Act of 2005 in short) by Ms. Jyoti Kler, Metropolitan Magistrate (Mahila Court), West District, Delhi, whereby he was directed to pay Rs.5,000/per month as rent to his wife from the date of pa...


Mar 04 2013

P.K. Sharma Vs. Municipal Corporation of Delhi

Court: Delhi

Decided on: Mar-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :22. 02.2013 Judgment pronounced on :04. 03.2013 LPA No. 59/2008 P.K. SHARMA ..... Appellant Through: Mr. D.N. Goburdhan and Ms Ankita Mishra, Advs. versus MUNICIPAL CORPORATION OF DELHI .... Respondent Through: Ms. Mini Pushkarna and Ms Shantanu Tyagi, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. Vide office order dated 26.03.2001, issued by Municipal Corporation of Delhi, the appellant was appointed to the post of Data Entry Operator in the Assessment and Collection Department, on ad hoc basis, in the pay scale of Rs 4500-125-7000 and was posted in the Computer Cell at Minto Road, New Delhi. It was directed that he would draw his salary against the vacant post of Head Clerk at SAU Minto Road. Alleging that he was not allowed to mark his attendance with effect from 05.02.2004, the appellant raised an industrial dispute, which was referred to the Labour Court for adjudication. Vid...


Mar 04 2013

Dtc Vs. Suresh Kumar

Court: Delhi

Decided on: Mar-04-2013

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: March 04, 2013 + W.P.(C) 1489/2011 DTC ..... Petitioner Represented by: Mr.Anand Nanda, Advocate. versus SURESH KUMAR ..... Respondent Represented by: Mr.Kishore Kumar Patel, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(ORAL) 1. Heard learned counsel for the parties.2. It is settled law that, howsoever brief it may be, the order passed by a disciplinary authority must deal with the contentions raised by a delinquent employee with respect to the report of the Inquiry Officer.3. We clarify.4. If stand taken by a delinquent employee with reference to the evidence led is considered by the Inquiry Officer, and with reasons dealt with, it would be permissible for the disciplinary authority to record that it is agreeing with the reasoning of the Inquiry Officer. In said situation, the disciplinary authority need not list one by one all the contentions urged and t...


Mar 04 2013

Bses Rajdhani Power Ltd. and ors. Vs. M/S Polospor Engineers (i) Ltd.

Court: Delhi

Decided on: Mar-04-2013

* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. NO.305/2005 Decided on :4. h March, 2013 BSES RAJDHANI POWER LTD. & ORS. Appellants Through: Ms.Anjali Sharma, Adv. Versus M/S POLOSPOR ENGINEERS (I) LTD. Respondent CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(Oral) 1. This is a regular second appeal filed against the judgment dated 18.1.2005 passed by the learned ADJ by virtue of which the appeal of the appellants was dismissed and the judgment and decree passed by the trial court on 02.9.2000 was upheld.2. The learned counsel for the appellants has stated that the substantial questions of law which are involved in the present regular second appeal are as under:(i) R.S.A. No.305/2005 Whether the respondent is not liable to come under the category of LIP as per the Tariff provisions and regulations, though he runs a large plastic industry and the concerned load was found more than 100 KW? Page 1 of 6 (ii) (iii) Whether the mandatory rules, regulations and provisions of Tariff can be i...


Mar 04 2013

Jai Bhagwan Vs. Union of India and ors.

Court: Delhi

Decided on: Mar-04-2013

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :4. h March, 2013 % + W.P.(C) 1211/2013 JAI BHAGWAN ..... Petitioner Through: Mr. J.S. Mann, Advocate versus UNION OF INDIA AND ORS Through: ..... Respondents Mr. Satya Saharawat, Advocate for Mr. Ankur Chhibber, Advocate CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA S. RAVINDRA BHAT, J.(OPEN COURT) 1. In this writ petition, the order of the Armed Forces Tribunal (AFT) dated 9.10.2012 dismissing the writ petitioners application, which has been challenged. The petitioner had questioned his discharge from service of the Air Force by the order dated 5.5.2011.2. The brief facts of the case are that the petitioner was enrolled with Indian Air Force as Airman on 27.06.2006. He submits that he claims to have had an unblemished record of service till May, 2010. After that, during the year in rapid succession in June, August, September and November, 2010, red ink entries were awarded to him in respe...


Mar 04 2013

S.P. Mangla Vs. Export Inspection Council of India and ors.

Court: Delhi

Decided on: Mar-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :26. 02.2013 Judgment pronounced on :04. 03.2013 LPA No.568/2010 S.P. MANGLA ..... Appellant Through : Mr. G.D. Gupta, Sr.Adv. with Mr. S.K. Gupta, Advs. versus EXPORT INSPECTION COUNCIL OF INDIA & ORS. Through : .... Respondent Mr. L.R. Khatana, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. 1. The appellant before us, Shri S.P. Mangla, was working as Deputy Director in Export Inspection Agency, Delhi. On receipt of intimation for inspection of a consignment of 100 fans, from M/s Jeevan Engineering Works, Dlehi, an inspection of the said consignment was carried out by Shri S.K. Caroli, Assistant Director and the consignment was declared export worthy on 4.7.1983. The appellant, however, rejected the said consignment on 5.7.1983 on the ground that it did not meet the requirement of IS.374-1979 in respect of power input and air delivery. The rejection letter was received by M/s Jeevan...


Mar 04 2013

Devinder Kumar Narula Vs. Virender Kumar

Court: Delhi

Decided on: Mar-04-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 2663/2012 and I.A. No.20372/2012, 16070/2012 Date of Decision:4. h March, 2013 IN THE MATTER OF DEVINDER KUMAR NARULA ..... Plaintiff Through: Mr. Rajiv Kataria, Advocate with Ms. Debjani Das P., Advocate versus VIRENDER KUMAR ..... Defendant Through : Mr. Rajat Aneja, Advocate with Ms. Sumati Jurmani, Advocate CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The present suit is listed in Court pursuant to the order dated 03.09.2012.2. The plaintiff has instituted the present suit against his brother, the defendant, seeking the following reliefs:(a) Pass a decree of permanent injunction against the defendant or his servant or agent from entering into the business premises of the plaintiff and the business itself which is being run in the name and style of M/s Narula Bakery in the premises No.3/38-A, Nehru Bazar, Paharganj, New Delhi. (b) Restrain the defendant from dispossessing the plaintiff from his business of M/s Narula ...


Mar 04 2013

Kuldeep Singh Vs. State and ors

Court: Delhi

Decided on: Mar-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h March, 2013 + W.P.(CRL) 868/2012 KULDEEP SINGH Through: ..... Petitioner Mr. M.S. Butalia, Advocate Versus STATE & ORS ..... Respondent Through: Ms. Dayan Krishnan, Addl. Standing Counsel CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Petitioner invokes inherent powers of this Court under Section 482 of the Code of Criminal Procedure (Cr.P.C.) for transfer of the investigation of the case FIR No.345/2006 under Sections 420/406 IPC registered at Police Station Tilak Nagar to some other independent agency, like CBI.2. In nutshell, the case of the Petitioner, who is the complainant in the earlier said FIR, is that the Petitioner was carrying on the business of insurance and a financial advisor in his office at L-2/103, New Mahavir Nagar, New Delhi. Mr. Amarjit Singh Chatwal, Harprit Singh Jolly @ Rajinder Singh Jolly @ Harman Gill and Paramjit Singh came to his (Petitioners) office on 15.05.2003 ...


Mar 04 2013

Ram Kishan and Sons Vs. Union of India

Court: Delhi

Decided on: Mar-04-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:04.03.2013 W.P.(C) 1403/2013 RAM KISHAN & SONS Through ..... Petitioner Mr. Anip Sachthey, Mr. Mohit Paul, Ms. Shagun Matta and Mr.Saakaar Sardana, Advs. Versus UNION OF INDIA Through ..... Respondent Mr. Saqib and Ms. Shipra Shukla, Advs. CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) CM Nos.2650-51/2013 (Exemption) 1 Exemption allowed subject to all just exceptions. W.P.(C) No. 1403/2013 2 This writ petition seeks to lay a challenge to Chapter III A of the Delhi Rent Control Act, 1958 (hereinafter referred to as the said Act); submission being that the substantive provisions of the said Act do not provide any period for filing an application for leave to defend but the period of 15 days which has been prescribed in the IIIrd Schedule of the said Act is ultra vires; the provisions of the Schedule are inconsistent with the provisions of Section 25-B (4); they accord...


Mar 04 2013

Karishma Vs. Tarun Chadha and anr.

Court: Delhi

Decided on: Mar-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Crl. M.C. No.215/2011 Date of Decision:4. h March, 2013 + # ! TARUN CHADHA Through: ....Petitioner Mr. Shailender Dahiya, Advocate Versus $ KARISHMA Through: .Respondents Mr. Davinder N. Grover, Advocate & Crl. M.C. No.254/2011 # ! KARISHMA .....Petitioner Through: Mr. Davinder N. Grover, Advocate Versus $ * TARUN CHADHA & ANR. .Respondents Through: Mr. Shailender Dahiya, Advocate for respondent No.1 Mr. M.N. Dudeja, APP for the State CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K. BHASIN, J: Petitioner in Crl. M.C.No.215/2011 is the husband of the petitioner in Crl.M.C. 254/2011 and he has sought setting aside of the order dated 03rd August, 2010 passed in C.C. No.26/1/10 vide Section 12 of the Protection of Women from Domestic Violence Act, 2005 (The Act of 2005 in short) by Ms. Jyoti Kler, Metropolitan Magistrate (Mahila Court), West District, Delhi, whereby he was directed to pay Rs.5,000/per month as rent to his wife from the date of pa...


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