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Delhi Court July 2013 Judgments

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Jul 02 2013

Dr. Vivekanand Jha and ors. Vs. the Indian Council of Historical Resea ...

Court: Delhi

Decided on: Jul-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.3635/1997 2nd July, 2013 % DR. VIVEKANAND JHA AND ORS. Through: None. ..... Petitioners versus THE INDIAN COUNCIL OF HISTORICAL RESEARCH THROUGH ITS CHAIRMAN AND ANR. ..... Respondents Through: Ms. Geeta Sharma, Advocate with Ms. Mithu Jain, Advocate. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? YES VALMIKI J.MEHTA, J (ORAL) 1. It is 2.55 P.M. In spite of waiting for the petitioners for over half an hour no one appears. This case is effective item No.2 on the Regular Board. I have therefore heard the counsel for the respondent No.2 and perused the record. I am accordingly proceeding to dispose of the appeal.2. By this writ petition, the petitioners seek appropriate writs or directions for quashing of the office order No.237 dated 24.4.1997 revising downwards the pay scales and pensionary benefits of the petitioners. Petitioners also pray for implementation of the Fifth Pay Commission Report and ...


Jul 02 2013

Hafiz Abdul Mannan Vs. Dda and anr.

Court: Delhi

Decided on: Jul-02-2013

* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. No.110 of 1993 Decided on :2. d July, 2013 HAFIZ ABDUL MANNAN Through: Appellant Mr. Rajesh Banati & Mr. Sunil Verma, Advocates. Versus DDA & ANR. Through: Respondents Mr. Parvinder Chauhan, Adv. for R-2. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. This is a regular second appeal under Section 100 CPC against the order dated 6.2.1993 passed by the learned Additional District Judge in appeal No.204 of 1984 upholding the judgment and the decree dated 17.11.1984 passed by the learned Sub Judge in Suit No.885/1972 (renumbered as 433/1973) by virtue of which the said suit was dismissed.2. Briefly stated the facts of the case are that the appellant/plaintiff filed a suit for possession in respect of property bearing Municipal not XI/3438 to 3453 situated at Delhi Gate, Delhi. It was alleged that a portion of the property referred to as bearing Municipal not XI/3440-3445 (old Nos.4485-4490) is under the unauthorized and illegal possession ...


Jul 02 2013

Welfare Association of Electronic Trade and Technolo Vs. the Union of ...

Court: Delhi

Decided on: Jul-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 705/1998 2nd July, 2013 % WELFARE ASSOCIATION OF ELECTRONIC TRADE & TECHNOLOGY DEVELOPMENT CORPORATION OFFICERS Through: None ..... Petitioner versus THE UNION OF INDIA & ORS. Through: ..... Respondents None CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. No one is present on behalf of the parties although it is 3.15 P.M. This matter is effective Item No. 5 on the Regular Board of this Court. I have therefore perused the record and am proceeding to decide the matter.2. By this writ petition, the petitioner, which is an association of employees of the respondent No. 3/employer, seeks fixation of particular pay scales. The relief clauses of the writ petition read as under: A. Quashing the circular or direction of the first respondent expressed in letter annexed at Annexure P-4, and direct the Union of India to implement the new pay scales to all public Sector Enterprises...


Jul 02 2013

Suresh @ Bona Vs. State

Court: Delhi

Decided on: Jul-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 941/2010 SURESH @ BONA Through: ..... Appellant Mr. Bhupesh Narula, Advocate along with the appellant (in judicial custody) versus STATE Through: ..... Respondent Ms. Ritu Gauba, APP CRL.A. 1211/2010 VIKAS @ SUNIL Through: ..... Appellant Mr. Siddharth Aggarwal, Advocate along with the appellant (in judicial custody) versus STATE Through: % ..... Respondent Ms. Ritu Gauba, APP Date of Decision: July 02, 2013 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Suresh @ Bona & Vikas @ Sunil seek to challenge the impugned order dated 30th January, 2010 and 6th February, 2010 whereby both the appellants were convicted for offence under Section 302/34 IPC and sentenced to undergo imprisonment for life and a fine of Rs.15,000/- each, in default of payment of fine to undergo rigorous imprisonment for six months each.2. The factual matrix of the case is:- 3. On 17th September, 2007 on receipt...


Jul 02 2013

Sukhan Lal Singhal (Deceased) Through His L.R. Vs. D.S.i.i.D.C., Delhi

Court: Delhi

Decided on: Jul-02-2013

* THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:20. 03.2013 Judgment delivered on:02. 07.2013 + WP(C) 13580/2009 SUKHAN LAL SINGHAL (Deceased) Through his L.R. .....Petitioner Vs D.S.I.I.D.C. DELHI .....Respondents Advocates appeared in this case: For the Petitioner: Mr H.C. Mittal & Mr Kamshwar Mishra, Advocates. For the Respondents: Ms Renuka Arora, Mr Kunal Kohli & Mr Vikas Sood, Advocates for Respondent/DSIIDC. CORAM :HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J WP(C) 13580/2009 & CM No. 15206/2009 1. This writ petition seeks to assail the order dated 25.01.2008 passed by the Delhi State Industrial and Infrastructure Development Corporation Ltd. (in short DSIIDC). By virtue of this order DSIIDC cancelled the petitioners allotment qua an industrial plot being: Plot No. 91, Pocket-I, Sector-V, situate at Bawana, Delhi, admeasuring 200 sq. mtrs. (hereinafter referred to as the plot). 1.1 Importantly, the impugned communication of DSIIDC gave liberty to the petiti...


Jul 02 2013

Shiv Charan Singhal Vs. Rakesh Kumar and anr.

Court: Delhi

Decided on: Jul-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:2. nd July, 2013 + RFA 289/2013, CM No.9627/2013 (u/O 1 R-10 CPC), CM No.9628/2013 (u/O 6 R-17 CPC), CM No.9629/2013 (u/O 3.R-3 CPC), CM No.9630/2013 (u/O 3.R-1 & 2 CPC), CM No.9631/2013 (for exemption), CM No.9632/2013 (for condonation of 55 days delay in re-filing) & CM No.9633/2013 (for condonation of delay in filing) SHIV CHARAN SINGHAL ..... Appellant Through: Mr. Lalit Gupta and Ms. Payal Gupta, Advocates. Versus RAKESH KUMAR & ANR. Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT 02 07.2013 % 1. ..... Respondents This regular first appeal impugns the order dated 1 st December, 2012 of the learned Additional District Judge allowing the application of the two defendants/respondents No.1 & 2 in this appeal under Order 7 R-11 of Civil Procedure Code (CPC), 1908 and rejecting the plaint in the suit filed by the appellant. The plaintiff/appellant had instituted the said suit inter alia for recovery of po...


Jul 02 2013

K.K. Bhardwaj Vs. Union of India Through the Secretary, Ministry of Ho ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Jul-02-2013

1. The applicant has sought the following relief:- (i) That the Honble Tribunal may further graciously be pleased to pass an order of quashing the impugned adverse remarks and grading in the ACR/APAR of the year 2008-09 in Col.22 and 23, declaring to the effect that the same are illegal and arbitrary and liable to be expunge, with direction to the respondents to upgrade the grading of the applicant in ACR/APAR of the year 2008-09 accordingly. (ii) That the Honble Tribunal may further graciously be pleased to pass an order of quashing the impugned order dated 04.04.2012 by which the representation of the applicant in respect of Col. 22 and 23 of the ACR/APAR 2008-09 has been rejected with the further direction to the respondents not to consider the ACR/APAR 2008-09 for any purpose including for promotion/MACP of the applicant. (iii) Any other relief which the Honble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation. 2. Facts of the case...


Jul 02 2013

Hc Eshwari Prasad Vs. Govt. of Nct of Delhi Through the Chief Secretar ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Jul-02-2013

Shekhar Agarwal, Member (A) 1. The applicant has sought following relief:- (i) That the Honble Tribunal may graciously be pleased to pass an order of quashing the disciplinary authority order dt. 11.3.2011, appellate authority order dated 12.7.2011, disagreement note, charge sheet, and order dt. 30.3.11 declaring to the effect that the same are illegal, unjust, arbitrary and against the rules and consequently the applicant is entitled all the consequential benefits including the arrears of difference of pay and allowances. (ii) Any other relief which the Honble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation. 2. The applicant was working as Head Constable in Delhi Police when disciplinary proceedings were initiated against him on 06.05.2005 on the following charge:- that while posted at Police Station EMD and performing his duty at Platform No.1, Old Delhi Railway Station on 24.12.2004 at about 1 PM, one Shri Muqqaddar Husan s/o Sh. ...


Jul 02 2013

Charan Singh and ors Vs. Gaon Sabha Neelwal and ors

Court: Delhi

Decided on: Jul-02-2013

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:02. 07.2013 + FAO (OS) 245/2013 SH CHARAN SINGH & ORS ..... Appellants Through: Mr. Sunil Chauhan, Advocate. versus GAON SABHA NEELWAL & ORS ..... Respondents Through: Mr. Anuj Tyagi, proxy for Mr. Sachin Chopra, Advocate for Resp-1&3. Mr. Khalid Arshad, Advocate for Resp-2/DJB. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. Heard learned counsel for the parties.2. The present appeal has been filed by an aggrieved plaintiffs whose application for ad interim injunction under Order-XXXIX CPC was rejected.3. The brief facts are that the plaintiffs filed a suit - CS (OS) 522/2013 in this Court. In the suit, the plaintiffs claimed for a declaration and permanent injunction in respect of certain lands [(Khasra Nos.32/20/2 (1-6) and 32/21 (5-15)]. in revenue estate of Village Neelwal. The grievance specifically stated was that the Government of NCT of Delhi had ...


Jul 02 2013

Ajmer Singh Vs. Harpinder Kaur and anr.

Court: Delhi

Decided on: Jul-02-2013

* HIGH COURT OF DELHI AT NEW DELHI + FAO No.265 of 2013 & CMs 9591-92/2013 Decided on :2. d July, 2013 AJMER SINGH ..... Appellant Through Mr.Mukesh Sharma, Adv. versus HARPINDER KAUR & ANR. Through ..... Respondents CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(Oral) 1. This is an appeal filed against the order dated 5.3.2013 passed by the learned ADJ by virtue of which the appellant/husband has been directed to pay the maintenance @ Rs.8,000/- and Rs.6,000/respectively to the respondents 1 and 2 from the date of filing of the petition.2. Briefly stated the facts of the case are that the respondent no.1 got married to the appellant according to Sikh rites and ceremonies on 13.10.1991. Parties cohabited as husband and wife and were blessed with a female child namely Kumari Naina on 23.10.1992. After the birth of the girl child, it seems that the parties had a matrimonial discord because of which the appellant herein filed a petition for dissolution of the marriage on the ground o...


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