Delhi Court April 2013 Judgments
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Bharat Sanchar Nigam Ltd. Vs. Surjeet Singh Chawla
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : March 05, 2013 Judgment Pronounced on : April 01, 2013 + WP(C) 6811/2011 BHARAT SANCHAR NIGAM LTD. .....Petitioner Represented by: Mr.Jagdish Kumar, Advocate. versus SURJEET SINGH CHAWLA ..... Respondent Represented by: Mr.M.K.Bhardwaj, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. The respondent was appointed to the post of Junior Accounts Officer in Bharat Sanchar Nigam Limited (hereinafter referred to as the BSNL) on May 26, 2004 and was posted at Ferozpur in Punjab Telecom circle. The letter offering appointment, made it clear, as under:5. The appointment carries with it the liability to serve in part of Punjab Telecom Circle, and also be liable for field service in any part of India in times of War/National Emergencies. The appointees who have not completed the age of 40 years if so required will be liable to serve in the Territorial Army subject to...
Capt. R.L.Mathur Vs. Uoi and ors
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.9096/2011 % April 01, 2013 CAPT. R.L.MATHUR Through: ..... Petitioner Mr. Sunil Kumar, Sr. Adv. with Mr. Abhay Prakash Sahay & Ms. Rohini Prasad, Advs. versus UOI AND ORS Through: ..... Respondents Ms. Tanu Priya Gupta with Mr. Mukesh Kumar, Advs. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition the petitioner-Captain R.L.Mathur seeks direction against his employer namely the respondent No.2/The Air India Limited to allow voluntary retirement of the petitioner.2. The relevant rule with respect to voluntary retirement is Regulation 70(iii)(a) of Air India Employees Service Regulations which reads as under:(iii)(a) Subject to the approval of the Managing Director in writing which approval shall be withheld only on operational or disciplinary grounds or any proceedings are pending or likely to be initiated against him for an offence involving moral t...
Capart and anr. Vs. Br Suman
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: March 19, 2013 Judgment Pronounced on: April 01, 2013 + W.P.(C) 4126/2011 CAPART & ANR. Represented by: .....Petitioners Mr.S.K.Rungta, Sr.Advocate with Mr.Prashant Singh, Ms.Pratiti Rungta and Ms.Rashmi Jajosia, Advocates versus BR SUMAN Represented by: ..... Respondent Ms.Asha Jain, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. Notwithstanding that the matter reached the Central Administrative Tribunal when a writ petition filed by the respondent in this Court challenging the penalty of compulsory retirement imposed upon him came to be transferred to the Central Administrative Tribunal where it was registered as TA No.1446/2009, vide impugned decision dated May 06, 2011, the Tribunal has not dealt with the evidence led before the Inquiry Officer. The penalty has been quashed holding that the charge sheet containing the charge and the statement of imputat...
Uoi and ors. Vs. Swati S. Patil.
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: March 07, 2013 Judgment Pronounced on: April 01, 2013 + W.P.(C) 4018/2011 UOI AND ORS. Represented by: .....Petitioners Mr.R.V.Sinha, Mr.R.N.Singh and Mr.A.S.Singh, Advocates versus SWATI S. PATIL. Represented by: ..... Respondent Mr.S.K.Gupta, Advocate with Mr.Vikram Singh, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. Respondent Ms.Swati S.Patil, an officer of the Indian Revenue Service (1974 Batch) working as Commissioner of Income Tax as of the year 2011, had a problem with the Annual Confidential Report (ACR) for the year 2003-04 wherein she had been graded Good, a grade which was below the prescribed benchmark of Very Good. Since there were vacancies in the promotional scale and a DPC was expected to be convened, before which Committee the ACR for the year 2003-04 was to be placed for consideration, realizing that the law declared by the Supreme Cour...
Radhey Shyam Vs. Ndmc and ors.
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : February 19, 2013 Judgment Pronounced on : April 01, 2013 + WP(C) 1253/2012 RADHEY SHYAM .....Petitioner Represented by: Mr.Rajinder Dhawan, Advocate. versus NDMC & ORS. ..... Respondents Represented by: Mr.Arun Bhardwaj, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. On May 25, 1970 the petitioner joined service under New Delhi Municipal Council (NDMC) as a Vaccinator. He resided in village Fatehpur Billoch, District Faridabad (Haryana). Pertaining to an incident dated November 03, 1990 relating to a plot of land in said village involving one Net Ram during which some persons received gun-shot wounds, FIR No.228 for offences punishable under Section 323/307/148/149 IPC read with Section 27 of the Arms Act was lodged by Net Ram at PS Sadar Ballabhgarh the same day i.e. November 03, 1990 in which the petitioner was named as accused.2. Charge-sheeted and tr...
Pream Chand Vs. Govt. of N.C.T. of Delhi and anr.
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 5294/2007 & CM No. 9823/2007 Judgment reserved on:18. h December, 2012 Judgment delivered on:1. t April, 2013 % PREAM CHAND Through: ..... Petitioner Mr.R.P.S. Sirohi and Mr.Rajendra Singh, Advocates. Versus GOVT. OF N.C.T. OF DELHI & ANR. ..... Respondents Through: Ms. Sonia Sharma, Advocate for Respondent No.1. Mrs.Zubeda Begum and Ms. Sana Ansari, Advocates for Respondent No.2. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.W.P.(C) No. 5294/2007 1. The present petition is directed against the impugned order dated 22.06.2007 issued by the respondents for cancelling the candidature of the petitioner for the post of Laboratory Technician Group-III. The same is reproduced as under: The Board advertised vacancies for the post of Laboratory Technician Group-III Post Code -073/06 in leading newspapers with closing date of applications being 15.11.2006. Recruitment Rules for the said post were as under:1. B.Sc. Desirable with on...
Late Mohd. Sabir Vs. M.C.D. and ors.
Court: Delhi
Decided on: Apr-01-2013
* + HIGH COURT OF DELHI AT NEW DELHI R.S.A. No.121 of 2012 & C.M. Nos.12524/2012, 3669/2013 Decided on :1. t April, 2013 LATE MOHD. SABIR Through: Appellant Mr. S.K. Bhattacharya, Advocate. Versus M.C.D. & ORS. Respondent CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a regular second appeal under Section 100 CPC against the judgment and decree dated 5.4.2010 passed by the learned Additional District Judge along with an application being C.M. No.12524/2012 seeking condonation of 695 days delay in filing the appeal.2. I have heard the learned counsel for the appellant. The main contention of the learned counsel for the appellant, so far as the delay of 695 days in filing the regular second appeal is concerned, is that it was occasioned on account of the fact that Mr. Ashok Mahajan, the learned counsel for the appellant, who was engaged to file the regular second appeal had drafted the appeal timely but the same could not be filed as he was not well. It is also stat...
Union of India and anr. Vs. Sanjeev Kapur and ors.
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : March 20, 2013 Judgment Pronounced on : April 01, 2013 + WP(C) 727/2012 UNION OF INDIA & ANR. .....Petitioners Represented by: Mr.M.K.Bhardwaj, Advocate versus SANJEEV KAPUR & ORS. ..... Respondents Represented by: Ms.Jyoti Singh, Sr.Advocate instructed by Mr.A.K.Trivedi, Ms.Tinu Bajwa, Ms.Deepali, Ms.Saahila Lamba, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. Issue pertains to the promotion (with reference to the seniority position) to the post of Director Grade-I (Group-I) in the office of the Director General of Quality Assurance from amongst the eligible officers belonging to the Defence Quality Assurance Service (DQAS). The protagonist is Sanjeev Kapur, a Principal Scientific Officer (PScO). The antagonist were U.V.Dasgupta and Anil Garg, impleaded as respondents No.4 and 5 by him in O.A.No.1302/2010, to whom a helping hand was extended by the Uni...
Diwakar Sharma Vs. Cbi
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % W.P.(CRL.) 818/2010 Date of Decision:1. t April, 2013 + # ! DIWAKAR SHARMA Through: ..... Petitioner Mr. Sudhanshu Batra, Sr. Advocate with Mr. Sanjeev Ralli & Mr. S.D. Singh, Advocates versus $ CBI ..... Respondent Through: Mr. Narender Mann, Spl. P.P. for CBI with Mr. Devendra Dedha, Advocate AND % # ! CRL.M.C. 3030/2011 DIWAKAR SHARMA Through: ..... Petitioner Mr. Sudhanshu Batra, Sr. Advocate with Mr. Sanjeev Ralli & Mr. S.D. Singh, Advocates versus $ CBI ..... Respondent Through: Mr. Narender Mann, Spl. P.P. for CBI with Mr. Devendra Dedha, Advocate * CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: Four decades back the Apex Court of the country had in a labour matter (D.P. Maheshwari vs. Delhi Admn. & Ors.,1983 SCC (4)293) expressed its strong disapproval of the dilatory tactics being adopted by the employers by raising preliminary objections before the industrial courts while defending labour disputes with the intention of d...
United India Insurance Co Ltd Vs. Tara Chand and ors.
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 188/2012 % Judgment reserved on:20. h February, 2013 Judgment delivered on:1st April, 2013 UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. Rajesh Dwivedi and Mr.A.K. De, Advs. Versus TARA CHAND & ORS. ..... Respondents Through: Mr. Dhruv Kumar, Adv. for R2 and R3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Instant appeal has been preferred against the award dated 25.11.2011, whereby the learned. Tribunal has directed the appellant to pay the compensation amount in favour of the respondent No.1 / claimant.2. Ld. Counsel appearing on behalf of the appellant has argued that their Senior Investigator had filed the Verification Report of the driving licence which was issued by the Licensing Authority, Bulandshahar vide no. T-4634. As per the said Report, the licence was not issued in the name of Sh. Saleem, S/o, Sh. Gulla (respondent no.2 herein), however, the same was issued to Sh. Santraj, S/o, Sh. Kishorilal.3....
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