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Delhi Court March 2013 Judgments

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Mar 21 2013

The Management of M/S Hotel Janpath Vs. Its Workmen Through All India ...

Court: Delhi

Decided on: Mar-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:19. 03.2013 Judgment pronounced on:21. 03.2013 LPA 593/2012 THE MANAGEMENT OF M/S HOTEL JANPATH ..... Appellant Through: Mr. Karunesh Tandon, Adv. versus ITS WORKMEN THROUGH ALL INDIA PRAYATAN JAN MAZDOOR SABHA AND ORS ..... Respondents Through: Mr. S.S.Upadhyay, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. At the instance of respondent No.1Union, representing the employees of the appellant/writ petitioner, a reference was made to the Industrial Tribunal with respect to payment of officiating allowance to certain workers, who claimed to be performing the duties of higher posts, without their having been promoted to the said post. Notice of the claim being issued to the appellant/petitioner-Management, a representative of the Management Shri Shiv Tiwari, Senior Assistant, (HR Department) appeared before the Tribunal, but, thereafter no one having appeared for the Management, it was ...


Mar 21 2013

Sh.Vikas Kumar Shukla Vs. Uoi and ors.

Court: Delhi

Decided on: Mar-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: March 21, 2013 + W.P.(C) No.1888/2013 SH.VIKAS KUMAR SHUKLA .....Petitioner Represented by: Mr.A.K.Bhakt, Advocate with Mr.Satay Prakash, Advocate versus UOI & ORS. Represented by: ..... Respondents Mr.Amrit Pal Singh, CGSC with Ms.Gurjinder Kaur, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. Whether or not the writ petitioner is an employee of National Informatics Centre (NIC), a Department of the Ministry of Information and Technology, is a question of fact and as long as the decision dated October 12, 2012 passed by the Central Administrative Tribunal, deciding said question of fact, has taken into account all relevant facts and has ignored none which is relevant; as also has not taken into account an irrelevant fact, the said decision would be immune to a challenge under writ jurisdiction inasmuch as it is not permissible for a Writ Court to re-appr...


Mar 21 2013

Rajesh Kumar Vs. State

Court: Delhi

Decided on: Mar-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :21. t March, 2013 + CRL.A. 970/2005 RAJESH KUMAR Through : ....Appellant Ms.Rakhi Dubey, Advocate. versus STATE Through : .Respondent Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(Open Court) 1. The appellant- Rajesh Kumar challenges judgment dated 06.07.2005 in Sessions Case No.11/2003 arising out of FIR No. 734/1998 PS Dabri, by which, he was held guilty for committing offences under Sections 363/366/342/354/34 IPC. Vide order dated 12.07.2005, he was sentenced to undergo RI for five years with total fine ` 5,000/-.2. Allegations against the appellant were that he, Billa and Pramod kidnapped prosecutrix X (assumed name), aged 10 years and committed rape upon her. Charges under Sections 342/363/366/34 IPC and under Section 376 (g) were framed to which he pleaded not guilty and claimed Trial. The prosecution examined six witnesses to substantiate the charges. In his 313 Cr.P.C. statement, the appellant pleaded...


Mar 21 2013

Vandana Kapoor and anr. Vs. Satish Kapoor

Court: Delhi

Decided on: Mar-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t March, 2013 % + CS(OS) 2299/2010 & IA No.15125/2010 (u/O 3.R-1&2) VANDANA KAPOOR & ANR. Through: .... Plaintiffs Versus SATISH KAPOOR Through: ..... Defendant Mr. Aman Lekhi, Sr. Adv. with Mr. Rajeshekher Rao & Ms. Simon Benjamin, Advs. for D-1 CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % JUDGMENT 21 03.2013 For Judgement, see CS(OS)1375/2010 titled BELA KAPOOR & ORS VS. VANDANA KAPOOR & ORS. RAJIV SAHAI ENDLAW, J.st MARCH 2 , 2013 Bs/M...


Mar 21 2013

M/S Msj Construction Pvt.Ltd Vs. Delhi Development Authority Andanr;

Court: Delhi

Decided on: Mar-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on :14. 03.2013 Date of decision:21. 03.2013 + FAO(OS) 350/2011 M/s MSJ CONSTRUCTION PVT.LTD ..Appellant Through :Mr.Sandeep Sharma and Mr.Vikas Sharma, Advocates. versus DELHI DEVELOPMENT AUTHORITY &Anr..... Respondent Through : None. CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HONBLE MS. JUSTICE INDERMEET KAUR SANJAY KISHAN KAUL, J.1. The respondent/DDA invited tenders for providing RCC bored cast-in-situ pile foundation including pile caps and grade beams (Block 1 &2) for a project for construction of multi-storeyedflats at Motia Khan, for which the petitioner was a successful tenderer, accepted vide letter dated 27.12.1984 at a negotiated amount of Rs.47,04,054/-. The work had to be completed within four months calculated from the 10th day after the date of issue of the award letter. It is a case of the appellant that all necessary arrangements were made for due execution of the work, especially keeping in mind the tight comple...


Mar 21 2013

The Managing Committee Arwaching Bharti Bhawan Sen Vs. Ms. (Dr.) Angel ...

Court: Delhi

Decided on: Mar-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.7256/2011 % March 21, 2013 THE MANAGING COMMITTEE ARWACHING BHARTI BHAWAN SENIOR SECONDARY SCHOOL ..... Petitioner Through: Mr. Sudhanshu Tomar, Advocate. Versus MS. (DR.) ANGEL GUPTA Through: ..... Respondent Mr. Bankim K. Kulshreshtha, Advocate with Mr. Vivek Bhadauria, Advocate. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J.MEHTA, J (ORAL) 1. This writ petition impugns the order dated 8.9.2011 passed by the Delhi School Tribunal whereby the Delhi School Tribunal directed the reinstatement of the respondent-teacher in the petitioner-school as also that the respondent be paid 50% of the back wages with consequential benefits.2. The facts of the case are that the respondent was appointed as PGT (Biology) teacher in the petitioner-school in terms of appointment letter dated 5.4.2008 w.e.f. 15.4.2008. WP(C) No.7256/2011 Clause (b) of this appointment letter dated Page 1 o5. 4.2008 reads...


Mar 21 2013

Rajiv Vaid and anr. Vs. Govt. of Nct of Delhi

Court: Delhi

Decided on: Mar-21-2013

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2628/2012 RAJIV VAID & ANR ..... Petitioner Mr. K.S. Pathania, Adv. Through versus GOVT OF NCT OF DELHI ..... Respondent Mr. Naveen Sharma, APP for State. Through CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR ORDER % 21.03.2013 1. By this petition, the petitioners 15.5.2012 passed by the seek to challenge the order dated learned ASJ, thereby setting aside the order passed by the learned trial court, discharging the petitioners for the offence punishable under Sections 380/34 IPC.2. Assailing the order submits that the dated 15.5.2012, counsel for the petitioners petitioner no.2 is the daughter-in-law while the petitioner no.1 is the son of the complainant. Counsel also submits that five Kisan Vikas Patras each for Rs.10,000/- for five and half years with total maturity value of Rs. 1 lac were purchased by the petitioner no.2 and the complainant in their joint names. Counsel submits that these petitioners had never stolen the said K...


Mar 21 2013

Vandana Kapoor Vs. Satish Kapoor and ors

Court: Delhi

Decided on: Mar-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:21. t March, 2013 + CS(OS) 2298/2010, IA No.15120/2010 (u/O 3.R-1&2), 15121/2010 (u/O 2 R-2) & 15122/2010 (u/O 1.R-12&14). VANDANA KAPOOR Through: ..... Plaintiff Versus SATISH KAPOOR AND ORS ..... Defendants Through: Mr. Aman Lekhi, Sr. Adv. with Mr. Rajeshekher Rao & Ms. Simon Benjamin, Advs. for D-1. Mr. Rajiv Talwar, Adv. for D-5 CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % JUDGMENT 21 03.2013 For Judgement, see CS(OS)1375/2010 titled BELA KAPOOR & ORS VS. VANDANA KAPOOR & ORS. RAJIV SAHAI ENDLAW, J.st MARCH 2 , 2013 Bs/M...


Mar 21 2013

Shukhbir Singh Vs. Delhi Transport Corporation

Court: Delhi

Decided on: Mar-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:19. 03.2013 Judgment pronounced on:21. 03.2013 LPA 768/2012 & CM 19674/2012(delay in filing) DTC Through : ..... Appellant Ms. Avnish Ahlawat with Ms. Latika Choudhary and Mr. Vaibhav Misra, Advs. versus SUKHBIR SINGH Through : + ..... Respondent Mr. H.K.Chaturvedi, Ms. Anjali Chaturvedi, Mr. Ajit Kumar Jain and Mr. C.M.Verma, Advs. LPA 774/2012 & CM 19822/2012(delay in filing) SHUKHBIR SINGH Through : ..... Appellant Mr. H.K.Chaturvedi, Ms. Anjali Chaturvedi, Mr. Ajit Kumar Jain and Mr. C.M.Verma, Advs. versus DELHI TRANSPORT CORPORATION ..... Respondent Through : Ms. Avnish Ahlawat with Ms. Latika Choudhary and Mr. Vaibhav Misra, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.CM Nos. 19674/2012 (delay in filing) in LPA 768/2012 and CM 19822/2012(delay in filing) in LPA 774/2012 For the reasons stated in the applications, the delay in filing the appeals is condoned. The applications s...


Mar 21 2013

Satish Kapoor Vs. Vandana Kapoor and ors.

Court: Delhi

Decided on: Mar-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t March, 2013 % + CS(OS) 1642/2011, IA No.10535/2011 (u/O 3.R-1&2), 5541/2012 (u/O VIII R-10), 5891/2012 (for delay), 9536/2012 (u/o39 R-4), 10187/2012 (u/O 7 R-11), CCP (O) 26/2012 SATISH KAPOOR Through: ..... Plaintiff Mr. Aman Lekhi, Sr. Adv. with Mr. Rajeshekher Rao & Ms. Simon Benjamin, Advs. Versus VANDANA KAPOOR & ORS. ..... Defendants Through: Mr. Raman Kapoor, Sr. Adv. with Mr. Mohit Chaudhary, Pragya Singh & Mr. Harsh Sharma Adv. for D3&4. Mr. Harish Malhotra, Sr. Adv with Mr. Thehak, Adv. for D-8. Mr. Rajiv Talwar, Adv. for D-5 CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % JUDGMENT 21 03.2013 For Judgement, see CS(OS)1375/2010 titled BELA KAPOOR & ORS VS. VANDANA KAPOOR & ORS. RAJIV SAHAI ENDLAW, J.st MARCH 2 , 2013 Bs/M...


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