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Delhi Court April 2013 Judgments

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Apr 15 2013

Shri Devinder Singh Dabbas and ors. Vs. the Administrator of Union Ter ...

Court: Delhi

Decided on: Apr-15-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 2244/1990 15th April, 2013 SHRI DEVINDER SINGH DABBAS & ORS. ......Petitioners Through: Mr. G.D.Gupta, Sr. Advocate with Mr. Sanjiv Joshi, Advocate. VERSUS THE ADMINISTRATOR OF UNION TERRITORY OF DELHI & ORS. ...... Respondents Through: Mr. Shyam Moorjhani, 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 5 petitioners. The 5 petitioners were appointed on 4.11.1985 as Fee Collectors/Auction Recorders with the respondent no.3-The Narela Agricultural Produce Marketing Committee. The petitioners were appointed regularly in accordance with the rules after undergoing the process of selection through open advertisement. The petitioners are challenging the seniority list prepared on 4.8.1989 whereby petitioners have been placed juniors to the respondent nos. 5 to 8. The petitioners are challenging the seniority of respondent nos. 5 to ...


Apr 12 2013

Union of India and ors. Vs. Nakul Dev and anr.

Court: Delhi

Decided on: Apr-12-2013

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : April 12, 2013 + W.P.(C) 2361/2013 UNION OF INDIA & ORS. Represented by: ..... Petitioners Mr.Ruchir Mishra, Advocate versus NAKUL DEV & ANR. Represented by: ..... Respondents None CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG , J.(Oral) CM Nos.4458/2013, 4459/2013 (exemption) Allowed subject to just exceptions. CM No.4460/2013 (condonation of delay) Allowed. W.P.(C) No.2361/2013 1. Issue pertains to a Flexible Complementing Scheme, envisaging in-situ promotion of Scientists vis--vis Recruitment Rules notified on October 29, 1983 called Central Soil and Materials Research Station, New Delhi (Group A) Posts Recruitment Rules 1983.2. Pertaining to the post of Joint Director, then in the pay scale `1800-2250, as per column No.5 of the Recruitment Rules afore-noted, the post is a selection post to be filled up firstly by promotion, failing which by transfer on deputation i...


Apr 12 2013

Arun Kumar Sharma Vs. Gnct of Delhi and ors.

Court: Delhi

Decided on: Apr-12-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : April 12, 2013 + WP(C) 1512/2012 ARUN KUMAR SHARMA Represented by: .....Petitioner Ms.Avnish Ahlawat, Advocate. versus GNCT OF DELHI & ORS. Represented by: ..... Respondents Nemo. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. Petitioner Arun Kumar Sharma had joined service as an LDC in the year 1972 and by the year 2004 had rendered 32 years service, which was without any blemish. He had 300 days earned leave to his credit besides half pay leave for around 500 days. His mother-inlaw not being well in Canada, he had desired to visit Canada and for which he filled up the necessary leave form on April 30, 2004 praying that earned leave be sanctioned to him from May 17, 2004 till September 16, 2004 to visit Canada.2. He claims that since application seeking leave was not rejected and because he had purchased the air ticket in anticipation of leave being granted, notwithst...


Apr 12 2013

Somesh Kumar Vs. Khalsa Girls Sr. Sec School and anr

Court: Delhi

Decided on: Apr-12-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.1205/2012 % April 12, 2013 SOMESH KUMAR Through: ..... Petitioner Ms. Kanika Sharma, Advocate. versus KHALSA GIRLS SR. SEC SCHOOL AND ANR ..... Respondents Through: Mr. J.S. Vohra, Advocate for respondent No.1. Mr. Rupinder Kaur, Advocate for respondent No.2. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition challenges the suspension order dated 3.3.2011. Petitioner also seeks payment of suspension allowance. There were allegations against the petitioner of sexual harassment.2. Petitioner had in this regard written a letter dated 4.9.2010 to the principal of respondent No.1 and which reads as under:- Dated:4/9/10 11 A.M. To The Principal, Khalsa Girls Sr. Sec. School, Chuna Mandi, Pahar Ganj, New Delhi-55, Forwarded to the Honble Chairman in the emergency meeting Sd/- Amarjeet Kaur Sir, Subject: Regarding accusations by the Girls students of the school ag...


Apr 12 2013

Veena Rani Vs. Union of India

Court: Delhi

Decided on: Apr-12-2013

* HIGH COURT OF DELHI AT NEW DELHI + FAO No.422/2011 Decided on :12. h April, 2013 VEENA RANI Through: Appellant Mr.Deepender Hooda, Advocate. Versus UNION OF INDIA Respondent Through Mr.P.K.Shukla, Advocate for Railways CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is an appeal filed by the appellant against the judgment dated 19.1.2011 passed by the Railway Claims Tribunal in OA 187/2010 dismissing the claim of the appellant on account of the death of her son.2. Briefly stated the facts of the case are that on 13.5.2010, one Sumit (since deceased) was alleged to have been travelling from Okhla to Faridabad in EMU train and when the train reached near Hazrat Nizamuddin railway station, the deceased Sumit fell from the compartment of the train on account of sudden jerk in the train as a consequence of which, he died on the spot by coming under the train itself. Accordingly, an amount of Rs.4 was claimed by the mother of the deceased.3. The respondent contested the c...


Apr 12 2013

AtIn Kanwar Relia and anr. Vs. Kanwar Baldev Raj and anr.

Court: Delhi

Decided on: Apr-12-2013

* HIGH COURT OF DELHI AT NEW DELHI + FAO No.245/2012 & CM 10413/2012 Decided on :12. h April, 2013 ATIN KANWAR RELIA & ANR. Appellants Through: Mr.Rajesh Pathak, Advocate. Versus KANWAR BALDEV RAJ & ANR. Respondents Through Mr.H.L.Narula, Advocate for R-1 CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is an appeal filed by the appellants against the order dated 26.5.2012 in Civil Suit No.211/2012 passed by the learned ADJ dismissing the application filed by the appellants under Order 39 Rules 1 and 2 CPC.2. By virtue of the application under Order 39 Rules 1 and 2 CPC, the appellants/plaintiffs had sought an ex parte ad interim temporary injunction for restraining the respondent no.1/defendant no.1, his legal representatives, assignees, servants, employees and any person claiming on his behalf or as his attorney etc. from selling, transferring, alienating and/or creating any third party interest, parting with the possession or in any manner dealing with or entering i...


Apr 12 2013

A.C.Midha(Dead)through His Lrs Vs. State

Court: Delhi

Decided on: Apr-12-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL.A. 183/1978 Date of Decision:12. h April, 2013 + # A.C. MIDHA( Dead)through his LRs Appellant Through: Mr. Ranjit Sharma, Advocate versus Respondent Through: Mr. M.N. Dudeja, APP $ STATE * CORAM: HON'BLE MR. JUSTICE P.K.BHASIN JUDGMENT P.K.BHASIN, J: This appeal was preferred by the convicted accused, who had died during the pendency of the appeal and his widow and two sons were permitted to continue the same and reference to whom shall hereinafter be made as the accused, against the judgment dated 30th September, 1978 passed by the learned Special Judge whereby he was held guilty of the commission of offences punishable under Section 161 of the Indian Penal Code and Section 5(2) read with 5(1)(d) of the Prevention of Corruption Act,1947 and also the separate order of the same date whereby he was sentenced to undergo rigorous imprisonment for one year and fine of ` 100/- under Section 5(2) read with Section 5(1)(d) of the said Act and und...


Apr 12 2013

Delhi Transport Corporation Represented By: Its Ch Vs. Mithan Lal

Court: Delhi

Decided on: Apr-12-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : April 10, 2013 Judgment Pronounced on : April 12, 2013 + W.P.(C) 6943/2012 DELHI TRANSPORT CORPORATION REPRESENTED BY: ITS CHAIRMAN ..... Petitioner Represented by: Ms.Manisha Tyagi, Advocate versus MITHAN LAL Represented by: ..... Respondent Mr.C.Bheemanna, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. Having served the Indian Army but being dismissed from service upon being convicted at a Court Martial and sentenced to undergo imprisonment for 5 months on November 04, 1972, the respondent was lucky to find employment as a driver with DTC on April 07, 1980.2. On night shift duty he drove a bus from Janakpuri to ISBT on route No.82 to reach the destination, ISBT before dawn broke at 3:10 hrs. A passenger named Pratap Singh Morya dozed of and this irritated the respondent because the bus had to be de-boarded by all passengers at the point of destination. ...


Apr 12 2013

Delhi Power Supply Company Limited and ors Vs. Rajeev Sapra Tgt Englis ...

Court: Delhi

Decided on: Apr-12-2013

$~8 * + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA 52/2013 DELHI POWER SUPPLY COMPANY LIMITED & ORS. Through: ..... Appellant Ms. Avnish Ahlawat and Ms. Latika Chowdhary, Advs. versus RAJEEV SAPRA TGT ENGLISH ..... Respondent Through: None. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER % 12.04.2013 LPA 52/2013 & CM 1103/2013(stay) The respondent who was posted as Inspector (T) in Prehaladpur Zone of Delhi Vidyut Board was on leave from 2nd March, 1992 to 18th March, 1992. During the period of his leave, an inspection was carried out on 16 th March, 1992 and five unauthorized electricity poles were found erected and lines installed for feeding electricity to premises adjacent to M/s. Bombay Biscuit Factory. The appellant was, therefore, served with the following charge sheet :Shri Rajiv Sapra, E.No.30829, while working as Inspector in Zone No.616(D) BWN during the year 1991-92 and 1992-93 with ulterior motives and with a view to extend undue benefit to the consum...


Apr 12 2013

Anil Goel Vs. Commissioner of Customs

Court: Delhi

Decided on: Apr-12-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:12. 04.2013 CUS.A.A. 7/2010 BASUDEV GARG ... Appellant ... Respondents ... Appellant ... Respondents ... Appellant ... Respondents ... Appellant ... Respondents versus COMMISSIONER OF CUSTOMS AND + CUS.A.A. 10/2010 & CM No. 21740/2010 ARUN GUPTA versus COMMISSIONER OF CUSTOMS + AND CUS.A.A. 12/2010 & CM No. 21751/2010 ANIL GOEL versus COMMISSIONER OF CUSTOMS + AND CUS.A.A. 13/2010 & CM No. 21754/2010 ANIL GOEL versus COMMISSIONER OF CUSTOMS Advocates who appeared in this case: For the Appellants For the Respondent : Mr C.Hari Shankar and Sh. S.Sunil. : Mr.Kamal Nijhawan, Senior Standing Counsel with Mr.Sumit Gaur, Advocate. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V. EASWAR JUDGMENT BADAR DURREZ AHMED, J 1.These appeals are directed against the order dated 15th March, 2010 passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi. In all these appeals, the common issue that has been sou...


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