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Delhi Court August 2013 Judgments

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Aug 19 2013

Ravinder Malhotra Vs. Vijender Singh and anr.

Court: Delhi

Decided on: Aug-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.A. 69/2012 % Judgment reserved on:1. t August, 2013 Judgment delivered on:19. h August, 2013 RAVINDER MALHOTRA Through: Adv. ..... Appellant Ms. Vibha Mahajan Seth, Versus VIJENDER SINGH & ANR. ..... Respondents Through: Ms. Arati Mahajan Shedha, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Instant appeal has been preferred against the impugned award dated 29.09.2011, whereby ld. Tribunal granted total compensation of Rs.1,01,600/- for the injuries sustained by the appellant. The present appeal is for enhancement of the compensation amount.2. Counsel for the appellant has argued that as per the disability certificate, appellant received 15% disability qua right upper limb, however, ld. Tribunal has not granted any compensation on account of disability.3. Ld. Counsel submits that the disability certificate was not proved before the ld. Tribunal, therefore, appellant moved an application to lead additional evidence, which w...


Aug 19 2013

Uoi and ors. Vs. Pradeep Kumar Modwill and anr.

Court: Delhi

Decided on: Aug-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on: July 15, 2013 Judgment Pronounced on: August 19, 2013 WP(C)No.2850/2011 UOI & ORS. Represented by: .....Petitioners Mr.Saqib, Advocate versus PRADEEP KUMAR MODWILLL & ANR. ..... Respondents Represented by: Mr.V.Shekhar, Sr.Advocate, Instructed by Mr.Vishal Saxena and Mr.Piyush Jain, Advocates WP(C)No.2854/2011 UOI & ORS. Represented by: .....Petitioners Mr.Saqib, Advocate versus PRADEEP KUMAR MODWILLL & ANR. ..... Respondents Represented by: Mr.V.Shekhar, Sr.Advocate, Instructed by Mr.Vishal Saxena and Mr.Piyush Jain, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. The factual backdrop leading to filing of the above captioned petitions is that on June 27, 1981 P.K. Modwill (hereinafter referred to as the Modwill was appointed on the post of Clerk in the office of District Judge, Moradabad, U.P. and rendered service on said post till June 09, 1986. On June...


Aug 19 2013

Shri Kumar Bajaj and ors. Vs. U.O.i and ors.

Court: Delhi

Decided on: Aug-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on August 07, 2013 Judgment Delivered on August 19, 2013 + W.P.(C) 1302/2002 SHRI KUMAR BAJAJ & ORS. Represented by: ..... Petitioners Petitioner No.1 in person versus U.O.I & ORS. Represented by: ..... Respondents None CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge in this writ petition is to the order dated October 17, 2001 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in Original Application No.2852/2001, whereby the Tribunal had dismissed the Original Application filed by the petitioners herein.2. The short question that arises for our consideration is whether the petitioners are entitled to the benefit of Second Financial Upgradation in the absence of their possessing the essential educational qualification for the next higher post of Milk Distribution Officer which is in the grade of `6500-10500.3. The petitione...


Aug 19 2013

Vaishali Sood Vs. Jamia Millia Islamia and ors

Court: Delhi

Decided on: Aug-19-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h August, 2013 % + RFA 387/2012 VAISHALI SOOD Through: ..... Appellant Mr. Rakesh Kumar Yadav, Adv. for Mr. Rakesh Mahajan, Adv. Versus JAMIA MILLIA ISLAMIA & ORS ..... Respondents Through: Mr. Rohit Gandhi, Adv. for R-1&2. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J CM No.15738/2012 (for condonation of 8 days delay in filing) & CM No.15739/2012 (for condonation of 2223 days delay in re-filing the appeal).1. None appears for the respondents though reply to the application for condonation of delay in re-filing the appeal has been filed.2. The counsel for the appellant states that his rejoinder to the said reply is ready and the matter be adjourned for filing thereof.3. However the circumstances do not warrant adjournment.4. The appeal is preferred against the judgment and decree of dismissal of a suit filed by the appellant for recovery of damages from the respondent University and its administrative st...


Aug 19 2013

M/S Asv Industry and anr Vs. Surinder Mohan and anr

Court: Delhi

Decided on: Aug-19-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h August, 2013 % + RFA 357/2013 & CM No.11685/2013 (for stay) M/S ASV INDUSTRY & ANR ..... Appellants Through: Mr. Praveen Agrawal, Adv. with Mr. Hardev Singh, Appellant No.2. Versus SURINDER MOHAN & ANR ..... Respondents Through: Mr. Abhas Mishra, Adv CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This first appeal under Section 96 of the Civil Procedure Code (CPC), 1908 impugns the judgment and decree (dated 4th May, 2013 of the Court of Additional District Judge Central-07 in Suit No.246/2012) on admissions of ejectment of the appellant No.1 (of which the appellant No.2 Mr. Hardev Singh is the proprietor) from possession of the ground floor of property No.4A, MCD No.1-A, Street No.2, Railway Line Side, Anand Parbat Industrial Area, New Delhi.2. The appeal had come up first before this Court on 31 st July, 2013 when even though prima facie there did not appear any merit in the appeal but considering t...


Aug 19 2013

Ashutosh Sharma Vs. Torque Cables Pvt. Ltd.

Court: Delhi

Decided on: Aug-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:14. h August, 2013 Date of decision:19. h August, 2013 + CO.PET. 413/2013 WITH CO. APPL. 1379/2013 ASHUTOSH SHARMA ..... Petitioner Mr. Ashish Middha, Advocate Through : vs TORQUE CABLES PVT. LTD. Through: None CORAM: HONBLE MR. JUSTICE R.V.EASWAR .... Respondent JUDGMENT R. V. EASWAR, J.:1. This is a petition filed by Mr. Ashutosh Sharma under section 433(f) read with Section 439(c) of the Companies Act, 1956, seeking winding up of M/s. Torque Cables Pvt. Ltd.2. The petitioner and one Mr. Satish Kumar were the promoters of the respondent-company and signatories to the memorandum and articles of association. The company was incorporated on 27.08.2010 for the manufacture of cables. The authorised capital of the company was `1 crore divided into 10 lakh equity shares of `10 each. The paidup capital was `10 lakhs. The petitioner initially appears to have taken 75000 shares, with Satish Kumar taking 25,000 shares; later, the petitioner ...


Aug 19 2013

Manpreet Singh @ Bobby Vs. Jitender Singh @ Sonu and ors

Court: Delhi

Decided on: Aug-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : July 09, 2013 DECIDED ON : August 19, 2013 + CRL.A. 1166/2011 MANPREET SINGH @ BOBBY ..... Appellant Through : Mr.Mahesh Verma, Advocate. versus JITENDER SINGH @ SONU & ORS ..... Respondent Through : Mr.Anil Kumar and Mr.Sunil Singh, Advocates. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Manpreet Singh @ Bobby (the victim) challenges the correctness of judgment dated 26.07.2011 in Sessions Case No.181/2009 arising out of FIR No.697/2007 registered at Police Station Rajouri Garden by which the respondents were acquitted of all the charges.2. Daily Diary (DD) No.40 (Ex.PW8/A) was recorded on 06.09.2007 at about 10.35 P.M. at police post Raghubir Nagar about a quarrel at RGB-142, Janta Flat, Raghubir Nagar, Delhi. The investigation was assigned to ASI Partap Singh who with Const.Narender Singh went to the spot and learnt that injured had already been taken to DDU hospital. The Investigating Officer went there and collected the MLC of ...


Aug 19 2013

indraprastha Medical Cororation Ltd Vs. Employees State Insurance Corp ...

Court: Delhi

Decided on: Aug-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h August, 2013. + CM(M) No.817/2013 INDRAPRASTHA MEDICAL CORORATION LTD ..Petitioner Through: Mr. Atul Sharma, Mr. Sarojanand Jha & Ms. Isha J.Kumar, Advs. Versus EMPLOYEES STATE INSURANCE CORPORATION .......Respondent Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.CM No.12643-44/2013 (for exemption).1. Allowed, subject to just exceptions.2. The CMs stand disposed of. CM(M) No.817/2013 & CM No.12642/2013 (for stay).3. The file has been received in the Court just before lunch break, owing to the roster bench being not available and the urgency expressed by the petitioner.4. The petitioner is aggrieved from the non-grant of the ex parte interim relief by the ESI Court.5. The counsel for the petitioner has argued, (a) that the respondent had vide notices dated 11th November, 2004 and 29th April, 2005 covered the Indraprastha Apollo Hospital of the petitioner under the provisions of the Emplo...


Aug 19 2013

Krishan Kumar Vs. State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Aug-19-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. A. 135/2004 Date of Decision:19. h August, 2013 KRISHAN KUMAR ..... Appellant Mr. Nitender Sharma, Advocate Through versus STATE (GOVT. OF NCT OF DELHI) Through ..... Respondent Ms. Fizani Hussain, APP SI S.P. Samaria, PS Mehrauli CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Challenge in this appeal is to the judgment dated 31 st January, 2004 and order on sentence dated 3rd February, 2004 in Sessions Case No.82/2003 in case FIR No. 154/2003 under Section 308/332/353/333 IPC, PS Mehrauli vide which the appellant was convicted for offence under Section 308 IPC and was sentenced to undergo rigorous imprisonment for two years and to pay fine in the sum of Rs.15,000/- failing which he was to undergo rigorous imprisonment for one year. Crl. A.135/2004 Page 1 o2. Prosecution case emanates from the fact that complainant Het Ram was posted as Head Master in MCD primary school, Bhatikalan, Mehrauli. The appellant Krisha...


Aug 19 2013

State Vs. Virender

Court: Delhi

Decided on: Aug-19-2013

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and decision:19. 08.2013 + CRL.L.P. 317/2012 STATE Through: ..... Petitioner Mr. Sunil Sharma, Additional Public Prosecutor for the State with Inspector Kamal Kishor, SubInspector Girraj Singh, Police Station Badarpur, Delhi versus VIRENDER Through: ..... Respondent Mr. Asit Kumar Roy, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE PRATIBHA RANI ORDER 19 08.2013 % 1. By this petition filed under Section 378 (3) of Cr.P.C., the petitioner is seeking leave to appeal against the judgment/order dated 21 st October 2011 passed by learned Additional Sessions Judge, thereby acquitting the respondent-accused from the charges framed under Section 366/376 of IPC.2. Arguing the present application seeking leave to appeal, Mr. Sunil Sharma, Additional Public Prosecutor for the State submits that the prosecutrix was around 15 years of age on the date of incident and this factum is duly supported by the School Lea...


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