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Delhi Court July 2013 Judgments

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Jul 31 2013

Kamlesh Devi Vs. Union of India and ors

Court: Delhi

Decided on: Jul-31-2013

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4774/2012 Date of decision:31. t July, 2013 % KAMLESH DEVI Through : ..... Petitioner Mr. S.M. Hooda and Mr. S.S. Pandey, Advs. versus UNION OF INDIA AND ORS ..... Respondents Through : Dr. Ashwani Bhardwaj, Adv. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. The petitioner before this court has assailed the order dated 21st October, 1997 passed by the Armed Forces Tribunal rejecting the petitioners prayer for grant of disability pension and special family pension with regard to unfortunate death of her husband late Sepoy Bijender Singh.2. The facts giving rise to the present petitioner to the extent necessary are set down hereafter. Sepoy Bijender Singh was enrolled with the Indian Army on 8th August, 1990 after completing medical examination without any disease at the time of enrolment. Sepoy Bijender Singh was posted in Jammu and Kashmir area where he was detected as sufferin...


Jul 31 2013

Canon India Pvt Ltd and anr Vs. Assistant Commissioner of Income Tax

Court: Delhi

Decided on: Jul-31-2013

$~25. * + IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION (CIVIL) NO. 2770/2012 Date of decision 31st July, 2013 CANON INDIA PVT LTD AND ANR ..... Petitioners Through Mr. Prakash Kumar, Advocate. Versus ASSISTANT COMMISSIONER OF INCOME TAX ..... Respondent Through Ms. Suruchi Aggarwal, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): This writ petition impugns reassessment proceedings initiated for the Assessment Year 2006-07 vide notice under Section 148 of the Income Tax Act, 1961 (Act, for short) dated 24th March, 2011. We record that the reassessment proceedings have been initiated within four years from the end of the relevant assessment year and, therefore, the additional requirement mentioned in the first proviso to Section 147 is not required to be satisfied.2. The petitioner had filed return of income for the Assessment Year 2006-07 on 28th November, 2006 declaring nil income under the normal pro...


Jul 31 2013

Mastan Singh Vs. Union of India and anr

Court: Delhi

Decided on: Jul-31-2013

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4559/2013 Date of decision:31. t July, 2013 % MASTAN SINGH Through : Mr. Adv. ..... Petitioner Subhasish Mohanty, versus UNION OF INDIA & ANR Through : ..... Respondents Mr. Saqib, Adv. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. The petitioner seeks in this case restoration of the first financial upgradation as per the Assured Career Progression Scheme (herein after referred to as ACP) w.e.f. 2nd July, 2004 when he completed 12 years of service with Central Industry Security Force (herein after referred as CISF) and became entitled for grant of second financial upgradation as per MACP Scheme w.e.f.2nd July, 2012.2. The undisputed facts in the instant case giving rise to the writ petition are enumerated that as per the ACP scheme other than WP(C) No.4559/2013 page 1 of 15 completion of 12 years of continuous service in the post of Constable, an employee of the CISF is required...


Jul 31 2013

Baldev Singh Vs. Union of India and anr

Court: Delhi

Decided on: Jul-31-2013

$~ 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4569/2013 Date of decision:31. t July, 2013 % BALDEV SINGH Through : Mr. Adv. ..... Petitioner Subhasish Mohanty, versus UNION OF INDIA & ANR Through : ..... Respondents Mr. Saqib, Adv. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. The petitioner seeks in this case restoration of the first financial upgradation as per the Assured Career Progression Scheme (herein after referred to as ACP) w.e.f. 02nd July, 2004 when he completed 12 years of service with Central Industry Security Force (herein after referred as CISF) and became entitled for grant of first financial upgradation in the grade of Head Constable under the ACP Scheme and grant of second financial upgradation as per MACP Scheme w.e.f 2nd July, 2012.2. The undisputed facts in the instant case necessary for adjudication of the writ petition are noticed hereafter. As per the WP(C) No.4569/2013 page 1 of 16 ACP scheme, in ...


Jul 31 2013

R.A.S. Yadav Vs. Union of India and anr

Court: Delhi

Decided on: Jul-31-2013

$~ 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4549/2013 Date of decision:31. t July, 2013 % R.A.S. YADAV Through : ..... Petitioner Mr. Subhasish Mohanty, Adv. versus UNION OF INDIA & ANR Through : ..... Respondents Mr. Saqib, Adv. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. The petitioner seeks in this case restoration of the first financial upgradation as per the Assured Career Progression Scheme (herein after referred to as ACP) w.e.f. 25th April 2004 when he completed 12 years of service with Central Industry Security Force (herein after referred as CISF) and became entitled for grant of second financial upgradation as per MACP Scheme w.e.f. 25th April 2012.2. The undisputed facts in the instant case giving rise to the writ petition are enumerated that as per the ACP scheme other than completion of 12 years of continuous service in the post of Constable, an employee of the CISF is required to have completed 12 years ...


Jul 31 2013

Narender Singh Vs. Union of India and anr

Court: Delhi

Decided on: Jul-31-2013

$~ 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4562/2013 Date of decision:31. t July, 2013 % NARENDER SINGH Through : Mr. Adv. ..... Petitioner Subhasish Mohanty, versus UNION OF INDIA & ANR Through : ..... Respondents Mr. Saqib, Adv. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. The petitioner seeks in this case restoration of the first financial upgradation as per the Assured Career Progression Scheme (herein after referred to as ACP) w.e.f. 10th April, 2004 when he completed 12 years of service with Central Industry Security Force (herein after referred as CISF) and became entitled for grant of second financial upgradation as per MACP Scheme w.e.f.10th April, 2012.2. The undisputed facts in the instant case giving rise to the writ petition are enumerated that as per the ACP scheme other than completion of 12 years of continuous service in the post of Constable, an employee of the CISF is required to have completed WP(C) ...


Jul 31 2013

Bishan Singh Vs. Union of India and anr

Court: Delhi

Decided on: Jul-31-2013

$~ 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4490/2013 Date of decision:31. t July, 2013 % BISHAN SINGH Through : Mr. Adv. ..... Petitioner Subhasish Mohanty, versus UNION OF INDIA & ANR Through : ..... Respondents Mr. Saqib, Adv. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. The petitioner seeks in this case restoration of the first financial upgradation as per the Assured Career Progression Scheme (herein after referred to as ACP) w.e.f. 28th February 2004 when he completed 12 years of service with Central Industry Security Force (herein after referred as CISF) and became entitled for grant of second financial upgradation as per MACP Scheme w.e.f. 28th February, 2012.2. The undisputed facts in the instant case giving rise to the writ petition are enumerated that as per the ACP scheme other than completion of 12 years of continuous service in the post of WP(C) No.4490/2013 page 1 of 14 Constable, an employee of the CISF...


Jul 31 2013

Kuldip Singh Vs. Union of India and anr

Court: Delhi

Decided on: Jul-31-2013

$~ 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4514/2013 Date of decision:31. t July, 2013 % KULDIP SINGH Through : Mr. Adv. ..... Petitioner Subhasish Mohanty, versus UNION OF INDIA & ANR Through : ..... Respondents Mr. Saqib, Adv. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. The petitioner seeks in this case restoration of the first financial upgradation as per the Assured Career Progression Scheme (herein after referred to as ACP) w.e.f. 21st April, 2004 when he completed 12 years of service with Central Industry Security Force (herein after referred as CISF) and became entitled for grant of first financial upgradation in the grade of Head Constable under the ACP Scheme and grant of second financial upgradation as per MACP Scheme w.e.f 21st April, 2012. WP(C) No.4514/2013 page 1 o2. The undisputed facts in the instant case necessary for adjudication of the writ petition are noticed hereafter. As per the ACP scheme, in ...


Jul 31 2013

Karam Singh Vs. Union of India and anr

Court: Delhi

Decided on: Jul-31-2013

$~ 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4507/2013 Date of decision:31. t July, 2013 % KARAM SINGH Through : Mr. Adv. ..... Petitioner Subhasish Mohanty, versus UNION OF INDIA & ANR Through : ..... Respondents Mr. Saqib, Adv. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. The petitioner seeks in this case restoration of the first financial upgradation as per the Assured Career Progression Scheme (herein after referred to as ACP) w.e.f. 17th February, 2004 when he completed 12 years of service with Central Industry Security Force (herein after referred as CISF) and became entitled for grant of first financial upgradation in the grade of Head Constable under the ACP Scheme and grant of second financial upgradation as per MACP Scheme w.e.f 17th February, 2012. WP(C) No.4507/2013 page 1 o2. The undisputed facts in the instant case necessary for adjudication of the writ petition are noticed hereafter. As per the ACP scheme...


Jul 30 2013

Pyara Lal Taheem and anr. Vs. Mohan Murti Shandilya

Court: Delhi

Decided on: Jul-30-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) No. 1348 of 2012 & IA No.18426 of 2012 (u/O 15.R-2 by the Plaintiffs); IA no.4500 of 2013 (u/O XXXVIII R 5 by Plaintiffs) and IA No.8953 of 2012 (u/O XXXIX R 1 & 2 CPC filed by the Plaintiffs) Reserved on: July 10, 2013 Decision on: July 30, 2013 PYARA LAL TAHEEM & ANR. ..... Plaintiffs Through: Mr. M.M. Kalra, Advocate with Mr. Siddharth Silwal, Advocate. versus MOHAN MURTI SHANDILYA ..... Defendant Through: Mr. Mohan Shandilya with Ms. Ananya Bhattacharya, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 30 07.2013 IA No.18426 of 2012 (under Order 15A Rule 2 CPC by the Plaintiffs) 1. This is an application by the Plaintiffs under Order 15A Rule 2 CPC for striking off the defence of the Defendant on the ground that the Defendant has failed to pay the arrears of rent due from December, 2011 till the date of the filing of the application, i.e., 28th September, 2012.2. The background to the present application is that the aforementioned sui...


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