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Delhi Court April 2013 Judgments

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Apr 26 2013

Sh. Ramswarup Azad Vs. Central Bank of India and anr.

Court: Delhi

Decided on: Apr-26-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.3552/1997 % April 26, 2013 SH. RAMSWARUP AZAD Through: ..... Petitioner Mr. F.I. Chaudhary, Advocate. versus CENTRAL BANK OF INDIA AND ANR. ..... Respondents Through: Mr. R.S. Mathur, Advocate. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. There are two issues which have been urged before me on behalf of the petitioner. First is the claim for promotion from Clerk to Junior Management Grade I and for further promotions, and which claim is predicated on the ground that the civil court in the suit filed by the petitioner has set aside the debarment of the petitioner imposed against the petitioner by the respondent No.1 for appearing in future examinations because the petitioner was found to have used unfair means in the promotional examination. The second issue which is argued before me is the claim for relief of salary increments on the ground that the petitioner is a gra...


Apr 26 2013

M/S. Kidarsons Industries Pvt. Ltd. and ors. Vs. M/S. Hansa Industries ...

Court: Delhi

Decided on: Apr-26-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. 04.2013 + FAO(OS) 369/2012 M/S. KIDARSONS INDUSTRIES PVT LTD & ORS ..... Appellants Through : Sh. V.P. Singh, Sr. Advocate with Sh. Anju Bhattacharya, Advocates. Versus M/S. HANSA INDUSTRIES PVT LTD & ORS ..... Respondents Through : Ms. Rekha Palli, Sh. D. Verma and Ms. Poonam Singh, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % C.M. APPL.13715/2012 (for condonation of delay) For the reasons mentioned in the application, C.M. Appl. 13715/2012 is allowed. FAO(OS)369/2012, C.M. APPL.13715/12 & 13716/12 Page 1 FAO (OS) 369/2012 & C.M. APPL. 13716/2012 (for stay) 1. The present appeal is directed against an order of the learned Single Judge dated 15.03.2012, disposing I.A. Nos. 14387/2010 and 11703/2011, and also directing the Registry to draw up a final decree.2. Briefly, the facts are that parties here had engaged in two separate proceedings...


Apr 26 2013

In the Matter of Yuil Measures India Ltd. Vs. -----

Court: Delhi

Decided on: Apr-26-2013

* 25. + IN THE HIGH COURT OF DELHI AT NEW DELHI CO.PET. 183 of 2001 IN THE MATTER OF: YUIL MEASURES INDIA LTD. ..... Petitioner Through: Mr. Satish Aggarwala with Ms. Khushboo Garg, Advocates for Customs/ Applicant in CA No. 910 of 2008. Mr.Rajeev Kumar, Advocate for Applicant in CA No. 1297 of 2008. Mr. Sangram Patnaik, Advocate for IDBI. Mr. Mayank Goel, Advocate for Official Liquidator. CORAM: JUSTICE S. MURALIDHAR % ORDER 26 04.2013 CA Nos. 910 of 2008 & 1297 o1. CA No. 910 of 2008 has been filed by the Customs Department seeking the setting aside of the auction sale of the capital goods and raw materials belonging to Yuil Measures India Limited (YMIL) (the company in liquidation) pursuant to the order dated 7th December 2006 passed by this Court. The Applicant also seeks the setting aside of the possession memo dated 7th February 2007 by which possession of the auctioned goods was given to the auction purchaser Mr. Vilas Gupta.2. CA No. 1297 of 2008 has been filed by Mr. Vilas Gup...


Apr 26 2013

Rudra Pratap Naryan Singh (Huf) Vs. Ansal Housing and Construction Ltd ...

Court: Delhi

Decided on: Apr-26-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h April, 2013 % + CS(OS) 1853/2011 RUDRA PRATAP NARYAN SINGH (HUF) ..... Plaintiff Through: Mr. Vikas Sharma,Adv. versus ANSAL HOUSING & CONSTRUCTION LTD & ANR ..... Defendants Through: Mr. Shivkant Arora and Mr. Prateek Yadav, Advs. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The plaintiff has instituted this suit for the relief of possession of Flat No.103, Laxmi Deep, Laxmi Nagar District Centre, Laxmi Nagar, Delhi and ancillary reliefs pleading A. that the defendant No.1 had vide separate agreements both of the year 1994, agreed to sell Flat No.103, Laxmi Deep, Laxmi Nagar District Centre, Laxmi Nagar, Delhi and Flat No.101, Vikas Deep, Laxmi Nagar District Centre, Laxmi Nagar, Delhi to the plaintiff; B. that both the said buildings were then under construction; C. that the defendant No.1 did not complete the construction within three years as promised; D. that the defendant No.2 M/s Sunrise Esta...


Apr 26 2013

Mahavir Singh Vs. Union of India and ors.

Court: Delhi

Decided on: Apr-26-2013

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: April 26, 2013 + W.P.(C) 7517/2011 MAHAVIR SINGH Represented by: ..... Petitioner Mr.Manoj Ranjan Sinha, Advocate versus UNION OF INDIA AND ORS ..... Respondents Represented by: Ms.Neetu Chauhan, Advocate for Mr.Jagjit Singh, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V. KAMESWAR RAO PRADEEP NANDRAJOG, J.(ORAL) 1. The petitioner was working as a Constable in the RPF when he was medically de-categorized. As a Constable petitioner was receiving salary in the pay scale `3050-4590. His basic pay was `3,500/- per month.2. Upon being medically de-categorized the petitioner was offered a job which he could perform keeping in view his medical condition. The Department placed him in the pay scale `2550-3200 and fixed his basic pay at `3,200/-.3. The petitioner had an issue of his last basic pay being `3,500/- per month not been granted to him. The petitioner appears also to be having an issue of he ...


Apr 26 2013

Ram Lal Vs. State

Court: Delhi

Decided on: Apr-26-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL NO. 1317/2012 Reserved on :17. h April, 2013 Date of Decision:26. h April, 2013 % RAM LAL ..... Appellant Through Mr. Bhupesh Narula, Advocate. Versus THE STATE ..... Respondent Through Mr. Sanjay Lao, APP for the State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V.P. VAISH SANJIV KHANNA, J:1. The appellant Ram Lal impugns his conviction vide judgment dated 15th October, 2009. under Section 302 of the Indian Penal Code, 1860 (IPC) for murder of Kalam on 6th September, 2006 at about 9.30-10.00 p.m. He has been sentenced to life imprisonment and fine of Rs.10,000/-, which, upon realization, is to be equally distributed amongst the family members of the deceased.2. There is ample evidence to show that Kalam died a homicidal death pursuant to injuries suffered by a sharp edged weapon. Dr. Sapna (PW-3), who was working as a Junior Resident at Safdarjung Hospital, had examined Kalam and had prepared his MLC (Ex.PW3...


Apr 26 2013

Amit Kumar Tanwar Vs. Mcd and anr.

Court: Delhi

Decided on: Apr-26-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h April, 2013 % + CS(OS) 2260/2010 AMIT KUMAR TANWAR Through: ..... Plaintiff Mr. Rajesh Kumar Chaurasia, proxy counsel. versus MCD & ANR. ..... Defendants Through: Mr. Sanjeev Sabharwal, Standing Counsel for MCD with Mr. S.K. Sinha UDC in EEM II, Karol Bagh Zone. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The plaintiff instituted this suit for recovery of Rs.24,37,349/- together with pendente lite and future interest @ 12% per annum from the MCD pleading a. that the plaintiff is the sole proprietor of M/s Amit Construction duly registered/enrolled as a Municipal Contractor; b. that the defendant MCD awarded five different work orders to the plaintiff for execution from time to time; c. that the position with respect to the said five work orders is as under: SL 1.Date of the work order 16.06.2005 2. 07.06.2005 3. 22.03.2006 4. 22.03.2006 (Work Order No.: EEXXIX/T C/KBZ/499 5. 22.03.2006 (Work Order ...


Apr 26 2013

Sarfu Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Apr-26-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :8. h APRIL, 2013 DECIDED ON :26. h APRIL, 2013 + CRL.A.557/2000 SARFU Through : ....Appellant Mr.Vivek Sood, Advocate with Mr.V.P.Singh, Advocate. versus STATE (NCT OF DELHI) .Respondent Through : Ms.Fizani Husain, APP. AND + CRL.A.558/2000 RAMRAJ Through : ....Appellant Mr.Vivek Sood, Advocate with Mr.V.P.Singh, Advocate. versus STATE (NCT OF DELHI) .Respondent Through : Ms.Fizani Husain, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The appellants- Sarfu @ Govinda (A-1) and Ramraj @ Rajesh @ Sagar (A-2) challenge judgment dated 04.08.2000 in Sessions Case No. 146/1998 arising out of FIR No. 532/1998, PS OKhla Industrial Area by which they were convicted for committing offence punishable under Section 394/34 IPC and sentenced to undergo RI for five years with fine ` 2,000/- each.2. Allegations against the appellants were that on 01.08.1998 at 07.40 P.M. at Service road joining D- block of Okhla Industrial Area to Anandma...


Apr 26 2013

Syed Ashraf HasnaIn Rizvi Vs. Union of India

Court: Delhi

Decided on: Apr-26-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 3662/2012 26th April, 2013 SYED ASHRAF HASNAIN RIZVI ......Petitioner Through: Mr. S.N.Mehrotra and Mr. Falak Mohammand, Advocates. VERSUS UNION OF INDIA Through: ...... Respondent Mr. Neeraj Chaudhari, CGSC and Mr. Ravjyot Singh, Advocates. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. The petitioner was appointed as an English Typist in the Embassy of Iran, New Delhi. The last post held by him was Secretary in the Science and Education on permanent basis.2. On account of his termination from services, and which termination the petitioner contended to be illegal, petitioner after obtaining permission under Section 86 of Code of Civil Procedure, 1908 (CPC) had instituted a civil suit against the Embassy of Iran. This civil suit was decreed for an amount Rs.7,89,600/- alongwith interest at 10% per annum and other related reliefs.3. When the petitioner thereafter appr...


Apr 26 2013

Shakuntala Devi Vs. Land and Building Department and ors

Court: Delhi

Decided on: Apr-26-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:26. 04.2013 W.P.(C) 2676/2013 SHAKUNTALA DEVI Through: ..... Petitioner Mr N.S. Dalal, Mr Amit Rana, Mr D.P. Singh, Advs. versus LAND & BUILDING DEPARTMENT & ORS. ..... Respondent Through: Mr Sanjeev Sahay, Adv. for LAC/L&B Mr Rajiv Bansal, Mr. Parambir Singh and Ms. Swati Verma, Advs. for DDA CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The land of the petitioner in Village Mahipalpur was acquired vide Award no.17/72-73. As per the policy of the respondents for allotment of alternative plots under the Scheme dated 2.5.1961 for Large Scale Acquisition Development and Disposal of Land in Delhi, the petitioner applied for allotment of alternative plot on 3.3.1988. Vide letter dated 8.10.2012 , the petitioner as well as the Land Acquisition Collector were asked to provide certain information referred in the letter to the Land & Building Department of the Government of NCT of Delhi. The petitioner claims to h...


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