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Delhi Court July 2013 Judgments

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Jul 17 2013

Surjit Kumar Vs. National Airport Authority and anr.

Court: Delhi

Decided on: Jul-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 3289/1992 17th July, 2013 SURJIT KUMAR Through: ......Petitioner Mr. Abhishek Kaushik, Adv. and Mr. Gopal Singh, Adv. VERSUS NATIONAL AIRPORT AUTHORITY & ANR. ...... Respondents Through: Ms. Anjana Gosain, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, petitioner seeks quashing of the letter of termination of services dated 22.5.1992 issued by the respondent no.1/employer. Petitioners own case is that petitioners appointment was a temporary appointment pursuant to the appointment letter dated 17.5.1990. Paras 3 and 5 of the said appointment letter are relevant and the same read as under:3. This appointment will be temporary till further orders and a appointees will have no right to permanent appointment till ordered. He has being on the post of his satisfactory performance of the office.5. His services can be terminated without showing any...


Jul 17 2013

Union of India Vs. P.S.Pruthi and ors.

Court: Delhi

Decided on: Jul-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on July 04, 2013 Judgment Delivered on July 17, 2013 + W.P.(C) 2859/2013 P.S.PRUTHI ..... Petitioner Represented by: Mr.C.Harishankar Mr.S.Panda, Advocate with versus UNION OF INDIA & ORS. Represented by: + ..... Respondents Mr.Rajeeve Mehra, ASG with Mr.Jatan Singh, Mr.Sumeet Qureshi with Mr.Gaurav Sharma, Advocates W.P.(C) 4140/2013 UNION OF INDIA Represented by: ..... Petitioner Mr.Rajeeve Mehra, ASG with Mr.Jatan Singh, Mr.Sumeet Qureshi with Mr.Gaurav Sharma, Advocates versus P.S.PRUTHI & ORS. Represented by: W.P.(C) Nos.2859/2013 & 4140/2013 ..... Respondents Mr.C.Harishankar with CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V. KAMESWAR RAO, J.1. The aforesaid two petitions have been filed against an order passed by the Central Administrative Tribunal, Principal Bench, New Delhi dated February 07,2013 in Original Application No.4405/2012 and as such are being disposed of by this common ...


Jul 17 2013

Sameena AbidIn Vs. Dr Zubair Ul AbidIn and ors

Court: Delhi

Decided on: Jul-17-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :10. 07.2013 Decided on :17. 07.2013 + I.A. 12786/2012 in CS(OS) 918/2012 ..... Plaintiff SAMEENA ABIDIN Through versus DR ZUBAIR UL ABIDIN & ORS Through Mr.Tarique Siddiqui and Ms.Rakshan Ahmed, Advs. ..... Defendants Mr.M.A.Niyazi and Mr.Manish Kumar, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. This is an application under Order VII Rule 11, CPC filed by the defendants for rejection of the plaint.2. The plaintiff has filed the present suit seeking declaration, permanent injunction and damages against the defendants for ruining her life. It is stated that the plaintiff got married to defendant No.1 as per the Islamic traditions on 26th January, 2012. Subsequently, it is stated that the plaintiff has been abandoned and deserted by the defendant in the cruelest and unknown fashion by way of whimsical and capricious divorce/talaqnama dated 15th February, 2012 sent to the plaintiff within 20 days of the marriage.3...


Jul 17 2013

Rakesh K. Chaudhary Vs. N.D.M.C. and ors.

Court: Delhi

Decided on: Jul-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4817 /1996 17th July, 2013 % RAKESH K. CHAUDHARY Through: ..... Petitioner Petitioner in person versus N.D.M.C. & ORS. Through: ..... Respondents Mr. Piyush Gaur, Advocate for Mr. Arun Bhardwaj, Advocate for respondent No. 1/NDMC. Mr. B.B. Gupta, Mr. Vishnu Kant, Mr. Satya Ranjan Swain, Advocates for respondents 2 & 3. 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 is filed by one Sh. Rakesh K. Chaudhary, a Teacher in the respondent No. 2/school, namely, N.D.M.C. Navyug School, Peshwa Road, New Delhi, seeking the pay-scale of ` 2000-3500 with retrospective effect from the date of his appointment on 08.11.1989.2. The essential cause of action in the writ petition is the claim of the petitioner to pay-scale of ` 2000-3500 instead of the pay-scale of ` 1640- 2900 in which the petitioner was appointed. The claim is on the ground that Physics Teachers in ...


Jul 17 2013

Uoi and anr. Vs. Shri Chander Bhan Singh

Court: Delhi

Decided on: Jul-17-2013

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: July 17, 2013 + W.P.(C) 1550/2012 UOI & ANR. Represented by: ..... Petitioners Mr.V.S.R.Krishna, Advocate with Mr.Abhishek Yadav, Advocate versus SHRI CHANDER BHAN SINGH ..... Respondent Represented by: Ms.Jayasree Narasimhan, Advocate with Mr.Ritam Khare and Mr.Sudershan Rajan, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V. KAMESWAR RAO PRADEEP NANDRAJOG, J.(Oral) 1. Having heard learned counsel for the parties we are setting aside the impugned order dated January 28, 2011 and simultaneously restoring OA No.2272/2009 for fresh adjudication.2. The reason is that notwithstanding the Tribunal having correctly understood the law declared by the Supreme Court in the decision reported as (2008) 1 SCC (L&S) 819 Monishankar Vs. UOI & Anr. has applied the same in a very perfunctory manner.3. In Monishankars case the Supreme Court held that a mere violation of paras 704 and 705 of the Indian Railwa...


Jul 17 2013

Dr.Jyoti Hyankey Vs. Union Public Service Commission

Court: Delhi

Decided on: Jul-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Pronounced on: July 17, 2013 + W.P.(C) 2342/2012 DR.JYOTI HYANKEY Represented by: .....Petitioner Mr.Praveen Kr.Singh and Mr.Safiullah, Advocates. versus UNION PUBLIC SERVICE COMMISSION .....Respondent Represented by: Mr.Naresh Kaushik, Ms. Aditi Gupta and Mr.Vardhman Kaushik, Advocates for R-1. Mr.Arjun Pant, Advocate for R-2. Dr.Sunita R-3 in person. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. An advertisement was published in the Employment News dated 22-28 March, 2008 which was issued by the Union Public Service Commission on behalf of the Directorate of Indian Systems of Medicine and Homeopathy, Government of NCT, Delhi inviting applications from eligible candidates to be appointed as Medical Officer (Homeopathy). Four posts, with which we are concerned, were shown as reserved for members belonging to notified Scheduled Tribes.2. The writ petitioner applied and cleared t...


Jul 17 2013

Amar Nath and ors. Vs. Union of India and ors

Court: Delhi

Decided on: Jul-17-2013

$~ 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4448/2013 Date of decision:17. h July, 2013 % AMAR NATH & ORS. Through : ..... Petitioners Dr. Vinod K. Tewari and Mr. Pankaj Kumar Singh, Advs. versus UNION OF INDIA & ORS ..... Respondents Through : Mr. Sunil Kumar, Adv. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. With the consent of both the parties, this writ petition is taken up for consideration and the matter is being heard finally.2. The facts giving rise to the petition are within a narrow compass and are mainly undisputed. To the extent necessary the same are briefly noted hereinafter.3. The petitioners joined the Border Roads Organization on various dates and are holding the posts of Overseer, S/DMan, Electrician or Vehicle Mechanic, Welder and Turner. The petitioners are posted in various projects and they have claimed in the writ petition that they are entitled to all the rights and privileges as have been made ...


Jul 17 2013

Shakuntala Vs. State (G.N.C.T. of Delhi)

Court: Delhi

Decided on: Jul-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :3. d MAY, 2013 DECIDED ON :17. h JULY, 2013 + CRL.A. 1060/2011 SHAKUNTALA Through : ....Appellant Mr.R.K.Dikshit, Advocate & Ms.Nandita Rao, Advocate. versus STATE (G.N.C.T. OF DELHI) Through : Mr.M.N.Dudeja, APP. .Respondent CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Shakuntala (the appellant) challenges correctness of a judgment dated 03.01.2011 of learned Additional Sessions Judge in Sessions Case No. 68/2009 arising out of FIR No. 480/2008 PS Jahangir Puri by which she was held guilty for committing offence punishable under Section 304 Part-I IPC. By an order dated 10.01.2011, she was sentenced to undergo RI for seven years with fine ` 5,000/-.2. Allegations against the appellant- Shakuntala were that on the night intervening 25/26.09.2008 at about 01.30 A.M. she poured acid on her husband Rattan Lal at jhuggi No. A-408, behind ITI, K Block, Jahangir Puri. Daily Diary (DD) No.5B (Ex.PW-9/A) was recorded at PS Jahangir P...


Jul 17 2013

Gopal Lal Meena Vs. Commissioner of Police and ors.

Court: Delhi

Decided on: Jul-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: July 9, 2013 Judgment Delivered on: July 17,2013 % + W.P.(C) 8079/2012 GOPAL LAL MEENA ..... Petitioner Represented by: Mr.Amrit Pal S.Gambhir and Mr.Mahesh Saroj, Advocates. versus COMMISSIONER OF POLICE AND ORS ..... Respondents Represented by: Mr.V.K.Tandon, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V. KAMESWAR RAO PRADEEP NANDRAJOG, J.1. On receipt of complaints that the petitioner Gopal Lal Meena, employed as a Constable with Delhi Police, was indulging in immoral activities and was using a lady named Sonia (with assumed name Spana) to lodge false FIRs alleging she being raped and thereafter compromising the matter with the accused on receipt of money, the matter was investigated and the competent authority opined that it was a case where it was not reasonably practical to hold an inquiry and thus exercising power under Article 311(2)(b) of the Constitution of India the petitioner was d...


Jul 17 2013

Union of India and ors. Vs. Darshana Devi

Court: Delhi

Decided on: Jul-17-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on July 11, 2013 Judgment Delivered on July 17, 2013 + W.P.(C) 586/2011 UNION OF INDIA & ORS. ..... Petitioners Represented by:Ms.Richa Kapoor, Advocate versus DARSHANA DEVI ..... Respondents Represented by:Ms.Manpreet Kaur, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The writ petition has been filed by the Union of India through Secretary, Ministry of Defence and its functionaries challenging the order dated September 21, 2010 passed in Original Application No.1237/2010 whereby the Tribunal had modified the penalty of removal from service imposed on the respondent to that of reduction to lower time scale of pay for a period of three years with cumulative effect, to be operated from July 26, 1999 by reinstating the respondent in service with effect from July 27, 1997 with all consequences except back wages within a period of two months.2. The relevant facts are, ...


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