Delhi Court April 2013 Judgments
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National Insurance Company Ltd. Vs. Sanwar Mal and ors.
Court: Delhi
Decided on: Apr-15-2013
$~30 & 31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:15. h April, 2013 % + CM(M) 382/2013 & CM Nos. 5720/2013, 5721/2013 NATIONAL INSURANCE COMPANY LTD. ..... Petitioner Through: Mrs.Shantha Devi Raman, Advocate. Versus SANWAR MAL & ORS. Through: ..... Respondents None. AND + CM(M) 383/2013 & CM Nos. 5722/2013, 5723/2013 NATIONAL INSURANCE COMPANY LTD. ..... Petitioner Through: Mrs.Shantha Devi Raman, Advocate. Versus SANWAR MAL & ORS. Through: ..... Respondents None. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) CM Nos. 5720/2013 in CM(M) No.382/2013 & 5722/2013 in CM(M) No.383/2013 (both for exemptions) Exemptions allowed, subject to all just exceptions. The application stands disposed of. CM(M) Nos.382 & 383 o1. In both the petitions, noted above, the facts and the impugned order are the same, therefore, this Court has decided to dispose of the same by this common judgment.2. Facts of CM(M) No.382/2013 are being discussed inter-alia.3. The appella...
State Vs. Rahul
Court: Delhi
Decided on: Apr-15-2013
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 250/2012 Date of decision:15. h April, 2013 % STATE Through: ..... Petitioner Mr.Dayan Krishnan, Additional Standing Counsel with Ms. Manvi Priya, Adv. versus RAHUL ..... Respondent Through: None. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.(Oral) 1. By this order we are considering the issue of evaluation of the competency of a child to testify in court proceedings. The instant petition has been filed under Section 378(I) of the Cr.P.C. seeking leave to appeal against the judgment of acquittal dated 20 th October, 2011 whereby the respondents herein was acquitted of the charges punishable under Sections 376 and 377 of the Indian Penal Code by the learned Additional Sessions Judge in the case arising out of FIR No.45/2010, registered by the police station Nabi Karim.2. Upon consideration of the leave petition, we had directed issuance of notice for the service of the respondents on the 3rd ...
Mukhtiar Singh Vs. Union of India and anr.
Court: Delhi
Decided on: Apr-15-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: April 11, 2013 Judgment Pronounced on : April 15, 2013 + W.P.(C) 3519/2012 MUKHTIAR SINGH Represented by: ..... Petitioner Mr.Amit Kumar, Advocate versus UNION OF INDIA & ANR. Represented by: ..... Respondents Mr.Rajesh Katyal, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. The petitioner had prayed before the Central Administrative Tribunal that respondents be directed to give him Grade Pay in sum of `2800 and not `2400 in the Pay Band `5200 - 20200 as recommended by the 6th Central Pay Commission. He further prayed that he be granted second financial upgradation envisaged by the Modified Assured Career Progression Scheme with effect from November 18, 2008.2. Relief has been declined by the Tribunal.3. From the facts which we would be noticing hereinafter, it is apparent that some hidden hand was manipulating things at the instance of the petitioner who wa...
Dda Vs. Kiran Kohli
Court: Delhi
Decided on: Apr-15-2013
$~R-10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA No. 539/2008 DDA Through: ..... Appellant Mr Rajiv Bansal, Mr Parambir Ms. Swati, Advocates Singh and VERSUS KIRAN KOHLI ..... Respondent Through: None CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER 15 04.2013 % Plot No. D-945, New Friends Colony was allotted to one Mr Amrik Singh and a sub-lease deed in his favour was executed on 18.01.1973. Vide registered Will dated 14.10.1997, he bequeathed the aforesaid property of the respondent Kiran Kohli. On the demise of Shri Amrik Singh, the aforesaid property was mutated in the name of the respondent on the basis of the Will executed in her favour. Vide letter dated 14.04.1986, the appellantDDA suspended the letter dated 02.09.1982, whereby the aforesaid property was mutated by it in the name of the respondent, alleging contravention of clause ii.6(a) and (b) of LPA No. 539/2008 page 1 of 8 the sub lease deed. The plea taken by DDA, in nutshell, was that the respon...
State Bank of India Vs. Union of India and ors.
Court: Delhi
Decided on: Apr-15-2013
* THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:15. 01.2013 Judgment delivered on:15. 04.2013 + WP(C) No.4567/2001 STATE BANK OF INDIA ...... Petitioner Vs UNION OF INDIA AND ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Rajiv Kapur & Ms Vatsala Rai, Advocates. For the Respondents: Mr Sumeet Pushkarna, CGSC with Ms Meenakshi Midha & Mr Gaurav Varma, Advs. CORAM :HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J 1.This writ petition has been preferred by the State Bank of India (in short SBI) to assail the order dated 02.05.2005 passed by the Appellate Tribunal for Forfeited Property (hereinafter referred to as the Appellate Tribunal), which in turn confirmed the order of the competent authority dated 22.11.1999. The net effect of the impugned orders is that the two sets of margin money amounting to Rs.36,90,000/- and Rs.36,80,000/- paid by respondent nos.6 and 7 (the total sum amounting to Rs. 73,70,000/-) stand forfeited on the pre...
P.K. Gupta Vs. Director Nehru Memorial Museum and Library
Court: Delhi
Decided on: Apr-15-2013
$~R-12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA No. 566/2008 P.K. GUPTA ..... Appellant Through: Mr Sunil Narula with Ms.Deepti Gupta, Advocates VERSUS DIRECTOR NEHRU MEMORIAL MUSEUM & LIBRARY ..... Respondent Through: Mr. Kailash Vasdev, Senior Advocate with Mr.S.K.Shandilya and Mr.Shreyans, Advocates. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN % 1. ORDER 15 04.2013 The appellant/writ petitioner before us was working as a Photographer with the respondent and was entrusted with the task of preparing xerox copies for the Scholars on payment, besides preparing xerox copies for official purposes for different units of the respondent. The appellant was served with the following Articles of Charges:Article 1 Negligence of Duty: It has brought to the notice of authorities that the meters installed in the LPA No. 566/08 page 1 of 6 photocopier machines in the organization showing reading of number of pages photocopied have been tampered with in such a way to show le...
M/S. Ajanta Offset and Packaging Ltd. Vs. M/S. Head Start Advertising ...
Court: Delhi
Decided on: Apr-15-2013
* THE HIGH COURT OF DELHI AT NEW DELHI + CS (OS) 453/2005 Date of Decision:15. 04.2013 M/S. AJANTA OFFSET & PACKAGING LTD. PLAINTIFF Through: Mr. Sudhir K.Makkar, Adv. with Mr. Nitish Kumar, Adv. Versus M/S. HEAD START ADVERTISING & MARKETING (P) LTD. DEFENDANT Through: Mr.Sanjeev Anand, Adv. with Ms. Anubha, Adv. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. The plaintiff has filed this suit for recovery of Rs. 20,35,213/- with interest @ 21% p.a. from the defendant. There does not appear to be any serious contest on behalf of the defendant. The admitted facts of case are that the defendant and the plaintiff had been having business dealings. The plaintiff is engaged in the business of printing and other allied services such as scanning, processing etc. The plaintiff has averred that it is rendering different kinds of specialized services through its different divisions, including that of M/s. Chromocom Colorgraphics and A.P.T.C. The defendant has availed the different ...
Pran Nath Bararoo Vs. Estate Officer and anr
Court: Delhi
Decided on: Apr-15-2013
$~R-12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA No. 608/2008 PRAN NATH BARAROO ..... Appellant Through: Mr B.L.Wali, Advocate VERSUS ESTATE OFFICER & ANR. Through: ..... Respondents CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER 15 04.2013 % 1. The appellant before us hails from Jammu and Kashmir and was working in Border Security Force (BSF). He was allotted a Govt. accommodation bearing not C-326, Sarojini Nagar, New Delhi before he superannuated on 30th June, 2005. Since he did not vacate the Govt. accommodation even after the prescribed period of eight months for which he could retain the said accommodation after his superannuation, proceedings under Public Premises (Eviction and Unauthorized LPA No. 608/2008 page 1 of 6 Occupants) Act were instituted against him. The eviction order passed against him by the Estate Officer was upheld by the appellate Court. The appellant then filed a WP (C) No.6543/2008 taking the plea that being a Kashmiri Pandit, he w...
Sita Devi and anr. Vs. Munne and ors
Court: Delhi
Decided on: Apr-15-2013
$~17 & 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:15. h April, 2013 % + MAC.APP. 424/2012 SITA DEVI & ANR. Through: ..... Appellants Mr.Anshuman Bal, Advocate. Versus MUNNE & ORS Through: ..... Respondents Mr.Anurag Modi, Advocate for Respondent No.1. Mr. S.L.Gupta, Advocate for Respondent No.2. Mr. Pradyot Pravesh and Mr. Abhisek Kumar, Advocates for Respondent No.3. AND + MAC.APP. 425/2012 SHARDA DEVI & ANR. Through: Versus MUNNE & ORS Through: MACA Nos.424 & 425 of 2012 ..... Appellants Mr.Anshuman Bal, Advocate. ..... Respondents Mr.Anurag Modi, Advocate for Respondent No.1. Mr. S.L.Gupta, Advocate for Respondent No.2. Mr. Pradyot Pravesh and Mr. Abhisek Kumar, Advocates for Respondent CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Since the issues in both the aforementioned appeals and the order under challenge are same, except the fact that in MAC. Appeal No. 425/2012, the deceased had died at Haldwani, Uttrakhand, though the parents of th...
Delhi Transport Corporation Vs. Satbir Singh
Court: Delhi
Decided on: Apr-15-2013
$~18 and 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA Nos. 204/2013 and 207/2013 DELHI TRANSPORT CORPORATION ..... Appellant Through: Mr Gaurav Verma and Mr Varun Dubey, Adv for DTC VERSUS SATBIR SINGH ..... Respondent Through: None. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN % 1. ORDER 15 04.2013 The Respondent, a workman working with the appellant, having been dismissed from service, raised an industrial dispute, which was referred to the Labour Court for adjudication. Vide award dated 07.03.2003, the Labour Court directed reinstatement of the respondent with 40% back wages from the date of reference. The management was accordingly directed to reinstate him accordingly along with consequential benefits.2. On 11.11.2003, the respondent called upon the appellant to reinstate him in service and release arrears of back wages, etc. The appellant, however, did not comply with the award. Later on, arrears LPA Nos. 204/2013 and 207/2013 page 1 of 6 up to 07.03.2003 ...
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