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Delhi Court April 2013 Judgments

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Apr 30 2013

Sh. C.L.Gupta Vs. State of Maharashtra and ors.

Court: Delhi

Decided on: Apr-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 170/1997 30th April, 2013 SH. C.L.GUPTA ......Petitioner Through: None. VERSUS STATE OF MAHARASHTRA & ORS. Through: None. ...... Respondents CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. On 4.2.2013, the following order was passed:The issue in the present case is as to whether the petitioner stood compulsorily retired with effect from 31.12.1994 pursuant to his application for Voluntarily Retirement dated 12.12.1994. The only issue which arises is that can the petitioner continue to retain the accommodation given by the employer and yet claim that VRS could only be accepted unless first all the dues in terms of the Voluntary Retirement Scheme were cleared by granting the same to the petitioner. In the present case, the employer/respondent No.2 had taken a company lease of House No.202, Jor Bagh, New Delhi and which was in occupation of the petitioner. The employer a...


Apr 30 2013

Sanjay Shankar Swami @ Sanjay Kumar Vs. State (Nct) of Delhi

Court: Delhi

Decided on: Apr-30-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 206/2010 Reserved on:21. t February, 2013 Decided on:30. h April, 2013 % + SANJAY SHANKAR SWAMI @ SANJAY KUMAR ..... Appellant Through: Mr. Ajay Verma and Mr. Shiv Kumar Dwivedi, Advocates. versus STATE (NCT) OF DELHI ..... Respondent Through: Mr. Mukesh Gupta, APP for the State with SI Shiv Kumar, PS Punjabi Bagh. CRL.A. 873/2010 RAMESH CHAND @ RAJESH ..... Appellant Through: Mr. Anish Dhingra, Advocate. versus STATE (GOVT. OF NCT) OF DELHI ..... Respondent Through: Mr. Mukesh Gupta, APP for the State with SI Shiv Kumar, PS Punjabi Bagh. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By these appeals the Appellants lay a challenge to the judgment dated 3rd October, 2009 whereby they have been convicted for offences punishable under Section 392 read with Sections 34 IPC and 397 IPC and the order dated 7th October, 2009 whereby they have been directed to undergo rigorous imprisonment for 10 years along with fine of Rs. 5000/- each and in defa...


Apr 30 2013

Mr. Uma Kant Dubey Vs. the Chairperson, Protectiion of Plaint Varietie ...

Court: Delhi

Decided on: Apr-30-2013

$~13 & 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI 30 h April, 2013 + W.P.(C) 4239/2012 & CM No.8808/2012 MR. UMA KANT DUBEY Through ..... Petitioner Mr. Abhishek Saket, Adv. versus THE CHAIRPERSON, PROTECTIION OF PLAINT VARIETIES AND FARMS RIGHTS AUTHORITY AND ORS .... Respondents Through Mr. Ram Niwas, Adv. AND + W.P.(C) 4257/2012 & CM No.8828/2012 AJAY KUMAR SINGH AND ANR ..... Petitioners Through Mr. Abhishek Saket, Adv. versus CHAIRMAN , PROTECTION OF PLANT VARIETIES AND FARMS RIGHTS AUTHORITY AND ORS. .... Respondents Through Mr. Ram Niwas, Adv. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. Petitioners in these writ petitions were appointed by the Statutory Authority under The Protection of Plant Varieties and Farmers Act, 2001(PPV & FR Act). Pursuant to advertisements issued, petitioners appeared before the Selection Committee and petitioners were thereafter appointed as Senior Technical Officers. The respondents ...


Apr 30 2013

Vani Vs. University of Delhi and ors

Court: Delhi

Decided on: Apr-30-2013

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2251/2013 % Judgment dated 30.04.2013 VANI ..... Petitioner Through: Mr.Arun Khatri, Adv. versus UNIVERSITY OF DELHI AND ORS ..... Respondents Through: Ms. Manish Singh, Adv. for R1-2 CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Present writ petition has been filed by the petitioner under Article 226/227 of the Constitution of India seeking a writ, order or direction in the nature of mandamus directing the respondents to confirm her admission, allow her to attend the classes and permit her to sit in M.Sc second semester examinations, to be held in May, 2013.2. As per the petition, the petitioner completed her B.Sc programme from Hans Raj College, in the year 2012. After completing her B.Sc, the petitioner applied for M.Sc. (OR) in the Department of Mathematical Sciences, University of Delhi. The petitioner secured admission in the MS.c (OR) after being successful in the entrance exam, group discussion and inter...


Apr 30 2013

The Commissioner of Income Tax Delhi Central-iii Vs. Manju Bansal

Court: Delhi

Decided on: Apr-30-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:30. 04.2013 ITA 198/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III Appellant Respondent Appellant Respondent Appellant Respondent versus NIRMAL BANSAL AND + ITA 203/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III versus MANJU BANSAL AND + ITA 204/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III versus NIRMAL BANSAL AND + ITA 205/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III Appellant Respondent versus MANJU BANSAL Advocates who appeared in this case: For the Appellant : Mr Sanjiv Sabharwal For the Respondent : None CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM No. 5523/2013 in ITA No. 198/2013 CM No. 5527/2013 in ITA No. 203/2013 CM No. 5528/2013 in ITA No. 205/2013 Exemption is allowed subject to all just exceptions. ITA Nos. 198/2013, 203/2013, 204/2013 & 205/2013 1. These four appeals seek to raise common issues and are dir...


Apr 30 2013

The Commissioner of Income Tax Delhi Central-iii Vs. Nirmal Bansal

Court: Delhi

Decided on: Apr-30-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:30. 04.2013 ITA 198/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III Appellant Respondent Appellant Respondent Appellant Respondent versus NIRMAL BANSAL AND + ITA 203/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III versus MANJU BANSAL AND + ITA 204/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III versus NIRMAL BANSAL AND + ITA 205/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III Appellant Respondent versus MANJU BANSAL Advocates who appeared in this case: For the Appellant : Mr Sanjiv Sabharwal For the Respondent : None CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM No. 5523/2013 in ITA No. 198/2013 CM No. 5527/2013 in ITA No. 203/2013 CM No. 5528/2013 in ITA No. 205/2013 Exemption is allowed subject to all just exceptions. ITA Nos. 198/2013, 203/2013, 204/2013 & 205/2013 1. These four appeals seek to raise common issues and are dir...


Apr 30 2013

The Commissioner of Income Tax Delhi Central-iii Vs. Nirmal Bansal

Court: Delhi

Decided on: Apr-30-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:30. 04.2013 ITA 198/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III Appellant Respondent Appellant Respondent Appellant Respondent versus NIRMAL BANSAL AND + ITA 203/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III versus MANJU BANSAL AND + ITA 204/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III versus NIRMAL BANSAL AND + ITA 205/2013 THE COMMISSIONER OF INCOME TAX, DELHI CENTRAL-III Appellant Respondent versus MANJU BANSAL Advocates who appeared in this case: For the Appellant : Mr Sanjiv Sabharwal For the Respondent : None CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM No. 5523/2013 in ITA No. 198/2013 CM No. 5527/2013 in ITA No. 203/2013 CM No. 5528/2013 in ITA No. 205/2013 Exemption is allowed subject to all just exceptions. ITA Nos. 198/2013, 203/2013, 204/2013 & 205/2013 1. These four appeals seek to raise common issues and are dir...


Apr 30 2013

Mr.Anand J. Datwani Vs. Ms.Geeti Bhagat Datwani and ors.

Court: Delhi

Decided on: Apr-30-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 758/2008 & IAs 5042/08, 14395-96/08, 11774/12 Date of Decision:30. 04.2013 MR.ANAND J.DATWANI Through: Plaintiff Mr. A.Vashisht, Sr. Advocate with Mr. Rajat Navet, Adv. Versus MS.GEETI BHAGAT DATWANI & ORS. Defendants Through: Mr. V.P.Singh, Sr. Advocate with Mr. Vinay Sharma, Adv. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. This is a suit for partition filed by the plaintiff in respect of Farm Land bearing no. 32, Shivji Marg, Western Greens, Rangpuri, New Delhi (hereinafter referred to as suit property) by metes and bounds in equal shares between the plaintiff and defendant no.1. A decree of declaration declaring the alleged undertaking dated 29.4.2004 given by the plaintiff as null and void ab initio is also prayed for. It is also prayed that a decree of permanent injunction restraining the defendants jointly and severally from alienating, transferring, selling, conferring or creating any third party interest in the suit p...


Apr 30 2013

Gurdial Singh and Another Vs. State of Punjab Through Its Principal Se ...

Court: National Green Tribunal Principal Bench New Delhi

Decided on: Apr-30-2013

1. This is an Appeal preferred by two inhabitants of Jalandhar, Punjab, challenging the common order dated 14th August, 2012, passed by the Appellate Authority, constituted under the Air (Prevention and Control of Pollution) Act, 1981 (for short, Air Act), and the Water (Prevention and Control of Pollution) Act, 1974 (for short, Water Act), in Appeal Nos. 14 and 15 of 2012. Those were two different appeals, preferred by Mr. Baldev Raj, (Respondent No. 6) against the orders dated 18.02.2012 and 09.04.2012 passed by the Punjab Pollution Control Board (for short, PPCB). The first order, passed by the PPCB, under sections 21 and 22 of the Air (Prevention and Control of Pollution) Act, 1981, was for refusal to extend the consent to operate the brick kiln under the Air Act. The Second Order was passed under section 31 of the Air Act giving direction to disconnect electricity supply and also to District Food and Supply controller (for Short, DFSC) to revoke license of the Brick Kiln of Baldev...


Apr 30 2013

Subhas Chandra Vs. Union of India, Represented Through Its Secretary a ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Apr-30-2013

Dr. Dharam Paul Sharma, Member (J) This Application is directed against the order dated 17.7.2006 passed by the respondents in compliance with the directions issued by this Tribunal vide its order dated 30.11.2005 in OA No.320/2005. Besides the applicant has also assailed the order dated 25.8.2003 passed by the respondent no.3 whereby penalty of censure was imposed upon the applicant. The applicant prays for issuance of further directions to the respondents to grant him first Assured Career Progression (ACP) w.e.f. 9.8.1999 and second ACP w.e.f. 1.1.2002 and also grant him promotion w.e.f. 16.7.2001 instead of 29.1.2004 by counting his three years seniority towards the financial benefits and revised his pension on the basis of pay so revised. 2. The applicant was working as an Officer Surveyor with the Director of Survey (AIR), R.K. Puram, New Delhi and superannuated on 31.1.2005. 3. The present Application has been filed on 1.5.2012 long after the passing of the impugned order. The ap...


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