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Delhi Court April 2013 Judgments

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Apr 23 2013

Yash Pal Saini Vs. Pushpa Saini and ors.

Court: Delhi

Decided on: Apr-23-2013

$~R-4/R-5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No. 187/2011 and CM Appl. No. 6326/2011 (stay) Judgment reserved on 11th April, 2013 Judgment delivered on 23rd April, 2013 YASH PAL SAINI Through ..... Appellant : Mr. Y.D. Nagar, Adv. Versus PUSHPA SAINI AND ORS. Through ..... Respondents :Mr. Sanjeev Sindhwani, Sr. Adv. With Mr. Ananya Mehta, Advs. for R-1 AND RFA No. 149/2011 B.R. SAINI ..... Appellant Through Versus PUSHPA SAINI AND ORS. Through : Mr. Y.D. Nagar, Adv. ..... Respondents :Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Ananya Mehta, Advs. for R1 CORAM: Honble Mr. Justice A. K. Pathak 1. Both the above appeals are in similar facts, inasmuch as, arise from same judgment and decree passed by the trial court and are being disposed of together.2. Trial court has passed a decree of possession in favour of plaintiff (respondent no.1) and against the defendant nos. 1 and 2 (appellants) in respect of portions in their possession as shown in the site plan Ex PW1/1 besides res...


Apr 23 2013

Hc(Ministerial) Kunwar Pal Singh Vs. Union of India and ors.

Court: Delhi

Decided on: Apr-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 2667/2012 Date of decision:23. d April, 2013 % HC(MINISTERIAL) KUNWAR PAL SINGH ..... Petitioner Through: Mr. Ashutosh Rana, Adv. versus UNION OF INDIA & ORS. Through: ..... Respondents Mr. Himanshu Bajaj, Adv. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J (Oral) 1. Petitioner, who is serving as HC (Ministerial), was recruited on the 1st February, 2006. He contends that he was medically examined several times and was found in the medical category of SHAPE-1.2. On 6th July, 2011, the petitioners name was recommended by respondent No.2 along with other eligible batch mates for the post of ASI (M) w.e.f 18th August, 2011. The petitioner cleared the departmental examination 2010 held for this promotion and was also considered by the Department of Promotion Committee for the purpose of effecting the promotion, the petitioner was medically examined by the Senior Medical Officer, at the Station Ho...


Apr 23 2013

Hall and Anderson Ltd and anr Vs. National Textile Corporation Ltd and ...

Court: Delhi

Decided on: Apr-23-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. 04.2013 W.P.(C) 2416/2013 HALL AND ANDERSON LTD AND ANR Through ..... Petitioners Mr Prateek Jalan, Mr. Darpan Wadhwa, Ms Malvika Trivedi, Ms Sonia Dubey, Mr Nikhil Singhvi and Mr S. Chakraborty, Advs. versus NATIONAL TEXTILE CORPORATION LTD AND ANR ..... Respondents Through Mr Kaushibh and Mr Sanjoy Ghose, Advs. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) Sh. Madhusudan Mill in Mumbai, an undertaking of petitioners Company came to be nationalized in the year 1995 and vested in respondent No.1/National Textile Corporation Ltd. under the provisions of the Textile undertakings (Nationalization) Act, 1995. The provisions of the aforesaid Act were challenged by the petitioner No.1. The disputes between the parties in this regard were amicably settled in terms of a settlement recorded before the Honble Supreme Court on 27.02.2009 in SLP (Civil) No.18726/20006 (Hall & Anderson Ltd. v. Registrar, Board for ...


Apr 23 2013

Commissioner of Central Excise and Service Tax Vs. Simplex Infrastruct ...

Court: Delhi

Decided on: Apr-23-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 04.2013 CEAC No.28/2012 COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX ... Petitioner versus SIMPLEX INFRASTRUCTURE & FOUNDRY WORKS .... Respondent Advocates who appeared in this case: For the Appellant : Mr Satish Kumar, Sr. Standing Counsel. For the Respondent : Mr L.P. Asthana and Ms Praveena Gautam, Advocates. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM No. 14721/2012 (Exemption) Allowed subject to all just exceptions. CM No. 14722/2012 (Delay) The delay in filing the appeal is condoned. CEAC 28 2012 & CM No. 14720/2012(Stay) 1 This appeal has been filed on behalf of the Revenue being aggrieved by the order dated 13.07.2011 passed by the Customs, Excise & Service Tax, Appellate Tribunal, Principal Bench, New Delhi in ST/Appeal No. 418/2007 which arose out of the order dated 30.04.2007 passed by the Commissioner of Customs & Central Excise, Raipur. ...


Apr 23 2013

Ramesh @ Ramu @ Dudh Nath Vs. State (Govt.of Nct of Delhi)

Court: Delhi

Decided on: Apr-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :23. d April, 2013 + CRL.A.715/2011 & Crl.M.B.No.412/2012 and Crl.M.A.No.20074/2012 RAMESH @ RAMU @ DUDH NATH .Appellant Through: Ms.Rakhi Dubey, Advocate. Appellant present in judicial custody. versus STATE (GOVT.OF NCT OF DELHI) .....Respondent. Through : Mr.M.N.Dudeja, APP for the State. + CRL.A.1163/2011 NEELU LUNGA Through: .Appellant Ajay Verma with Mr.Shiv Kumar, Advocates. versus STATE .....Respondent. Through : Mr.M.N.Dudeja, APP for the State. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Appellants-Ramesh @ Ramu @ Dudh Nath and Neelu Lunga challenge judgment dated 16.03.2011 in Sessions Case No.211/1/10 arising out of FIR No.15/2010 registered at Police Station Paschim Vihar by which they were held guilty for committing offences under Section 394/308/34 IPC. Neelu Lunga was further convicted under Section 411 IPC. Vide order dated 22.03.2011, they were sentenced to undergo imprisonment for the period already undergone with fi...


Apr 23 2013

Mr. R.Vasudevan Vs. Union of India and anr.

Court: Delhi

Decided on: Apr-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 2607/2013 23rd April, 2013 Mr. R.VASUDEVAN Through: ......Petitioner Mr. Amarinder Saran, Sr. Adv. with Ms. Arohi Bhalla, Mr. Dhruv Pal and Mr. Sanchil Guru, Advocates. VERSUS UNION OF INDIA & ANR. Through: ...... Respondents Mr. Jatan Singh CGSC and Mr. Soayib Qureshi, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed by the petitioner who was appointed as a member of the Company Law Board. Petitioner was suspended from services on account of various misdemeanors which are stated in detail in the chargesheet including of possessing of cash and having assets beyond the known sources of income. Departmental proceedings were going on against the petitioner. I may note that the petitioner has retired on his ordinary date of superannuation i.e 15.3.2013.2. By this writ petition, the petitioner seeks reliefs of quashing of certain interi...


Apr 23 2013

Satyapal Yadav Vs. Govt. of Nct and Others Through the Commissioner of ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Apr-23-2013

Shekhar Agarwal, Member (A): 1. The applicant has sought the following relief:- (a) To quash and set aside the impugned Order dated 11/2/2010 (A-1) and order/letter dated 26.05.2011 (A-2). (b) To declare the Disciplinary proceedings initiated against the applicant as unjustified. (c) To direct the respondents to restore the service of the applicant and delete his name from the list of officials of doubtful integrity. (d) To allow the O.A. with costs. (e) Pass any other order as this Honble Tribunal may deem fit and proper in the facts and circumstances of the case. 2. Facts of the case are that the applicant was appointed as Sub-Inspector in Delhi Police on 03.06.1985. In 1994, he was promoted to the rank of Inspector. On 19.07.2007 when he was working as SHO, Police Station, Kirti Nagar a criminal case was registered against him and some others vide FIR No. 33/2007 u/s 7/13 of POC Act. This case was investigated and a closure report was filed in the same on 04.03.2008. Separately, dep...


Apr 22 2013

Sarvesh Security Services Pvt. Ltd Vs. Delhi Development Authority and ...

Court: Delhi

Decided on: Apr-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:22. 04.2013 W.P.(C) 2546/2013 SARVESH SECURITY SERVICES PVT. LTD ..... Petitioner Through: Mr Arvind Kr. Nigam, Sr. Adv with Mr Manmeet Arora, Adv. versus DELHI DEVELOPMENT AUTHORITY AND ANR ..... Respondent Through: Ms Shobhana Takair, Adv for DDA CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) 1. On 13.12.2012, respondent-DDA floated a tender for providing security services at its Rohini Sports Complex. The petitioner also submitted online tender to Department pursuant to the tender notice issued to it. One of the conditions stipulated in the tender document was that in case the rates quoted are less than the minimum wages as notified by the GNCTD, the agency would be debarred for tendering etc. in Sports Wings, DDA. Vide letter dated 19.04.2013, respondent No. 2, acting on behalf of respondent No. 1-DDA, debarred the petitioner from further tendering in the Sports Wing of DDA. The copies of the aforesaid ...


Apr 22 2013

S.P. Khanna Vs. Dda

Court: Delhi

Decided on: Apr-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:22. 04.2013 W.P.(C) No.2549/2013 & CM 4834/2013 (stay) S.P. KHANNA ..... Petitioner Through: Mr S.K. Rungta, Sr. Adv. with Ms Pratiti Rungta & Ms Rashmi Jaoria, Advs. versus DDA ..... Respondent Through: None CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court got himself registered with the respondentDDA for allotment of a residential flat under its Vth SFS Scheme, which is a self finance scheme. Vide letter dated 6/8.4.1993, the respondent allocated a flat on the first floor in C-7, Jasola to the petitioner. However, in the year 1999, a specific flat bearing number 37-T in Block-7 of Jasola was allotted to the petitioner, which was a third floor flat, though the allocation of the petitioner was on the first floor. The case of the petitioner is that he had come to know of the aforesaid allotment only in the year 2001 when he came back to Delhi after his treatment. According to t...


Apr 22 2013

Tofiq Vs. State

Court: Delhi

Decided on: Apr-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :22. d April, 2013 + CRL.A. 70/2011 TOFIQ ..... Appellant Through : Mr.Abdul Sattar, Advocate. Versus STATE ..... Respondent Through : Mr.M.N.Dudeja, APP for the State. AND + CRL.A. 78/2011 & Crl.M.B.No.781/2011 TANVEER & ANR ..... Appellants Through : Mr.Jaivir Bains, Advocate. Versus STATE ..... Respondent Through : Mr.M.N.Dudeja, APP for the State. Insp.Binay Singh, PS Hazrat Nizamuddin. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Appellants-Tofiq, Tanveer and Mohd.Afsar @ Kallu challenge judgment dated 29.10.2010 in Sessions Case No.102/2009 arising out of FIR No.696/2007 registered at Police Station Hazrat Nizamuddin by which they were held guilty for committing offence punishable under Section 394 IPC and sentenced to undergo RI for four years with fine of `2,000/- each.2. Allegations against the appellants were that on 20.12.2007 at 06.15 P.M., Mohan Lal Sharma was going to Nizamuddin Railway Station after crossing Lala Lajpat ...


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