Delhi Court July 2013 Judgments
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ilham Zadi Vs. Jamia Millia Islamia and ors
Court: Delhi
Decided on: Jul-29-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:29. 07.2013 W.P.(C) 4731/2013 ILHAM ZADI ..... Petitioner Through: Mr Alamgir, Adv. versus JAMIA MILLIA ISLAMIA & ORS ..... Respondents Through: Ms Jaya Goyal and Ms Manpreet Kaur, Advs. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) 1. The petitioner before this Court is a student of respondent No. 1-Jamai Millia Islamia University and is pursuing his 4th year degree course in BDS. On 28.05.2013, he was found sitting in boys common room and filling up some forms. A number of admission forms, loose photographs of students aspiring for admission in BDS course, ink pad and scotch tape were recovered.2. A show cause notice dated 31.05.2013 was issued to him on the following allegations: ii. You were being helped in filling up the forms by Mr Shazeb, working for Royal Studio, although he was not allowed to go to the boys common room. On enquiry, he admitted that you had called him to submit the forms of the stu...
Smt. Davinder Kaur Vs. Punjab and Sindh Bank and ors
Court: Delhi
Decided on: Jul-29-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. th July, 2013. + RFA 222/2013 & CM No.7275/2013 (for stay) SMT. DAVINDER KAUR Through: ..... Appellant Mr. Sanjay Jain, Sr. Adv. with Mr. Jayant Tripathi, Mr. Sarfaraz Ahmad and Ms. Ruchi Jain, Advocates. Versus PUNJAB & SINDH BANK & ORS ..... Respondents Through: Mr. Pratap Singh, Adv. for R-1. Mr. Sandeep Dahiya, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the rejection of the plaint under Order VII Rule 11 of the Civil Procedure Code (CPC), 1908 in a suit filed by the appellant and the resultant judgment and decree of dismissal of the suit.2. The appellant filed the plaint seeking the relief of permanent injunction restraining, (i) the respondent No.1/defendant No.1 Punjab & Sindh Bank, (ii) the respondent No.2/defendant No.2 Mr. Sandeep Dahiya, Advocate appointed as a Court Receiver in a proceeding under Section 14 of the Securitisation and Reconstruction of Fi...
Umed Singh Vs. State (Nct of Delhi)
Court: Delhi
Decided on: Jul-29-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 233/2010 Judgment delivered on: UMED SINGH 29 07.2013 ..... Appellant Through: Mr. S.B. Dandapani, Advocate versus STATE (NCT OF DELHI) Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR % JUDGMENT KAILASH GAMBHIR, J.1. In the immortal words of Dag Hammarskjld : Forgiveness is the answer to the child's dream of a miracle by which what is broken is made whole again, what is soiled is made clean again. But there are certain devastating moments in ones life, which cannot be repaired, the loss that cannot be forgotten or forgiven. Each time we hear of a rape case, or any sort of assault against women, it gives a chill in the spine, daunts the faith overshadowing the entire system and shuns away the faith of the society at large, it is one of such crimes that definitely do not deserve to be assuaged.2. Rape, one of the most b...
Om Prakash Vs. Union of India and ors.
Court: Delhi
Decided on: Jul-29-2013
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: July 29, 2013 + W.P.(C) 543/2013 OM PRAKASH Represented by: ..... Petitioner Ms.Sriparna Chatterjee and Mr.Ajesh Luthra, Advocate versus UNION OF INDIA AND ORS. ..... Respondents Represented by: Mr.Saqib, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The short question which arises for our consideration is, whether the petitioner is entitled to the second upgradation under the Assured Career Progression Scheme to the grade of Upper Division Clerk? 2. The claim of the petitioner has been rejected by the Tribunal inter alia holding that the petitioner got in situ promotion to the post of Lascar (Tindal) and thereafter to the post of Lower Division Clerk and in terms of clarification dated February 10, 2000, the petitioner has no case.3. The petitioner was initially appointed as a Lascar on November 17, 1973 and admittedly with effect from April 01, 1991 he start...
Union of India General Secy Irca and ors. Vs. Ashok Kumar Rai
Court: Delhi
Decided on: Jul-29-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: July 15, 2013 Judgment Pronounced on: July 29, 2013 + WP(C) 1356/2010 UNION OF INDIA GENERAL SECY IRCA & ORS. ....Petitioners Represented by: Mr.V.S.R.Krishna, Advocate with Mr.Abhishek Yadav, Advocate versus ASHOK KUMAR RAI Represented by: .....Respondent Ms.Jyoti Singh, Sr.Advocate instructed by Ms.N.S.Bajwa, Advocate for R-1 Mr.Sanjay K.Pathak, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. In the year 1879 that is 25 years after the first rail had been laid in India there was a network of 89 separate, Government and private, railway systems covering a total mileage of 8475. But on account of lack of a common set of rules and regulations the user of railway transport was inconvenienced. The main drawback was the unwillingness of individual railway systems to permit its wagons to move over the other railways. This resulted in an unsatisfactory sta...
Vijay Kumar Vs. Uoi and ors
Court: Delhi
Decided on: Jul-29-2013
$~ 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.17/2012 Date of decision:29. h July, 2013 % VIJAY KUMAR Through : ..... Petitioner Mr. Ram Naresh Yadav, Adv. versus UOI AND ORS Through : ..... Respondents Dr. Ashwani Bhardwaj, Adv. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. The petitioner has by way of the present writ petition assailed the finding and sentence dated 24th June, 2008 of the Summary Security Force Court (SSFC) and the order dated 26 th March, 2009 passed by the Director General, Border Security Force (BSF) rejecting his statutory appeal against the same.2. The petitioner was enrolled as a Follower (Water Carrier) with the respondents on 13th May, 1989. With regard to an incident dated 28th May, 2008, he was subjected to SSFC on the following charges:- WP(C) No.17/2012 page 1 of 11 i) FIRST CHARGE COMMITTING A CIVIL BSF ACT 196.U/s-46 OFFENCE THAT IS TO SAY USING CRIMINAL FORCE TO A WOMAN INTENDING TO OUTRA...
Delhi Development Authority Vs. M/S Jagdish Chander Khanna and Sons
Court: Delhi
Decided on: Jul-29-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + EFA(OS) 14/2013 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through: Ms. Amita Singh, Advocate. versus M/S JAGDISH CHANDER KHANNA & SONS ..... Respondents Through: None. CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE PRATIBHA RANI ORDER (ORAL) : REVA KHETRAPAL, J.1. This appeal is directed against the order of the learned Single Judge dated 22nd April, 2013 awarding future interest at the rate of 18% in terms of Sub-Section (7)(b) of Section 31 of the Arbitration and Conciliation Act, 1996.2. The sole submission of learned counsel for the Appellant is that the grant of future interest by the learned Single Judge in execution proceedings is not in consonance with the award dated 31.10.2008, the Arbitrator having rejected the claim for present and future interest.3. By his award dated 31.10.2008, the sole Arbitrator pursuant to Claim No.8 claiming interest at the rate of 18% pre-suit, pendente lite and future passed the following...
Kamal Kishore Singh @ Pandit Vs. the State (Govt of Nct) Delhi
Court: Delhi
Decided on: Jul-29-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on :24. 07.2013 Judgment delivered on:29. 07.2013 + CRL.A. 791/2010 KAMAL KISHORE SINGH @ PANDIT Appellant Through: Mr.A.K.Trivedi, Advocate. versus THE STATE (GOVT. OF NCT) DELHI Respondent Through: Mr.Sunil Sharma, Addl. Public Prosecutor. + CRL.A. 1014/2010 MUNNI LAL Through: .Appellant Mr.R.K.Anand, Advocate. versus THE STATE (GOVT. OF NCT) DELHI Respondent Through: Mr.Sunil Sharma, Addl. Public Prosecutor. + CRL.A. 1239/2010 TILISRA Through: .Appellant Mr.S.B.Dandapani, Advocate. versus THE STATE (GOVT. OF NCT) DELHI Respondent Through: Mr.Sunil Sharma, Addl. Public Prosecutor. CORAM: HONBLE MR.JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1. The appellants are aggrieved by the impugned judgment dated 15.4.2010 vide which they had been convicted for the offence under Section 302 read with Section 120B (1) of the IPC. Accused Munni Lal and Tilisra had been further convicted under Section 45...
Cit Vs. Hcil Kalindee Arsspl
Court: Delhi
Decided on: Jul-29-2013
$~10-11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 480/2012 Date of Decision:29. h July, 2013 % CIT Through ..... Appellant Mr. Rohit Madan, Advocate. versus HCIL KALINDEE ARSSPL Through + ..... Respondent None. ITA 481/2012 CIT Through ..... Appellant Mr. Rohit Madan, Advocate. versus HCIL ARSSPL TRIVENI (JV) Through None. ..... Respondent CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(Oral) 1. These two appeals by the Revenue arise out of a common order of Income Tax Appellate Tribunal dated 25.11.2011 in the case of M/s. HCIL ARSSPL TRIVENI (JV) vs. ACIT and M/s. HCIL KALINDEE ARSSPAL (JV) vs. ACIT. ITA 480/2012 relate to Assessment Year 2007-2008.2. By order dated 30.10.2012, the following substantial question of law was framed in these two appeals. Whether the ITAT erred in law and on merits in deleting the penalty levied u/s 271 (1) (c) of the Income Tax Act, 1961? 3. The respondent assessees had claimed deduction under Sectio...
Union of India Vs. Delhi Paper Products Co. Pvt. Ltd. and anr.
Court: Delhi
Decided on: Jul-29-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP No.209/2013 Date of decision :29. h July, 2013 % UNION OF INDIA Through : ..... Petitioner Mr. Anuj Aggarwal, Adv. versus DELHI PAPER PRODUCTS CO. PVT. LTD. & ANR. .... Respondents Through : Mr. Shashank Garg and Mr. Apar Gupta, Advs. Mr. Ruchir Mishra, Adv. for R-2. CORAM :THE HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT(ORAL) IA No. 3622/2013 for condonation of delay of 62 days in refiling the petition under Section 34 of the Arbitration and Conciliation Act1. The petitioner awarded a contract dated 27th June, 2000 to the respondent followed by a supply order dated 2 nd March, 2001 for supply of tele-printer paper rolls in pursuance to which the respondent claims to have made supplies totalling Rs.14,32,529/against which the petitioner made payment of Rs.8,90,431/- and withheld the balance payment whereupon the respondent invoked arbitration clause in the contract and raised a claim for Rs.81,17,430/- against the petitioner in the arbitratio...
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