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Delhi Court August 2013 Judgments

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Aug 14 2013

Pintoji Foods Pvt Ltd Vs. Punjab National Bank and anr

Court: Delhi

Decided on: Aug-14-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:14. 08.2013 W.P.(C) 2641/2013 PINTOJI FOODS PVT LTD Through: Mr Prashat Katara, Adv. ..... Petitioner versus PUNJAB NATIONAL BANK AND ANR ..... Respondents Through: Mr S.S. Katyal and Mr Rajesh Katyal, Advs. for RBI CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court obtained certain loan/credit facility from respondent No. 1-Punjab National Bank. Vide circular dated 16.01.2002, respondent No. 2, Reserve Bank of India notified certain guidelines for rehabilitation of sick small scale industrial units. The guidelines, to the extent they are relevant, read as under:-.5. Reliefs and Concessions Rehabilitation of Potentially Viable Units for It is emphasized that only those units which are considered to be potentially viable should be taken up for rehabilitation. The reliefs and concessions specified are not to be given in a routine manner and have to be decided by the concerned bank...


Aug 14 2013

Rajesh @ Kalia Vs. the State

Court: Delhi

Decided on: Aug-14-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRIMINAL APPEAL No.43 of 2013 Reserved on :8. h May, 2013 Date of Decision:14. h August, 2013 % RAJESH @ KALIA Through: Versus THE STATE ....Appellant Ms. Anu Narula, Advocate. Respondent Through: Mr. Sanjay Lao, Addl. Public Prosecutor. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE VED PRAKASH VAISH SANJIV KHANNA, J.: Rajesh @ Kalia by this appeal has challenged his conviction under Section 302 of the Indian Penal Code, 1860 (IPC) for murder of Head Constable S.K. Jha vide judgment dated 26th March, 2011, arising out of FIR No.335/2007, Police Station Adarsh Nagar. By order on sentence dated 28th March, 2011, he has been sentenced to imprisonment for life with the direction that he must undergo actual sentence of 30 years and grant of remission will not be considered before the said period. Fine of Rs.2,000/- has also been imposed, and in default of payment of fine, he has to undergo simple imprisonment of one year.2. Counsel f...


Aug 14 2013

N. Ramachandran Vs. Union of India and anr.

Court: Delhi

Decided on: Aug-14-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:14. 08.2013 W.P.(C) 4796/2013 N. RAMACHANDRAN Through: Mr S. Ravi Shankar, Adv. ..... Petitioner versus UNION OF INDIA & ANR. Through: Mr Ankit, Adv for MCI Mr Jatan Singh, CGSC for UOI ..... Respondents CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court, after completing his MBBS from Bangalore University, did Post Graduation (Residency Training) in the field of General Preventive Medicine at Meharry Medical College, Nashaville, Tennessee, USA. According to the petitioner, when he returned to India in February, 2004, he came to know that the Post Graduate Training Completion Certificate and the Masters Degree in Public Health, which he obtained from abroad, were not recognized in India. The petitioner, therefore, applied to Medical Council of India through the college, where he was working as a faculty member, seeking recognition of the training and qualification, which he had ...


Aug 14 2013

Sidharath Bansal Vs. State the Government of Nct

Court: Delhi

Decided on: Aug-14-2013

+ IN THE HIGH COURT OF DELHI AT NEW DELHI CRIMINAL APPEAL No. 1323/2012 Reserved on:1. t May, 2013 Date of Decision:14. h August, 2013 % SIDHARATH BANSAL Through ....Appellant Mr. D.C. Mathur, Sr. Advocate with Mr. Suryakant Singla and Mr. Ayush Gupta, Advocates. Versus STATE THE GOVERNMENT OF NCT Respondent Through Mr. Sanjay Lao, APP for the State. Mr. Amardeep Singh, Advocate for victims family. CRIMINAL APPEAL No. 1369/2012 NITIN NAGPAL Through ....Appellant Mr. Rajesh Khanna and Mr. Nishant Kumar, Advocates. Versus STATE (NCT OF DELHI) Through Respondent Mr. Sanjay Lao, APP for the State. Mr. Amardeep Singh, Advocate for Victims family. CRIMINAL APPEAL No. 31/2013 RAMBIR JHAKHAR Through ....Appellant Mr. K. Singhal and Mr. Siddharth Mittal, Advocates. Versus STATE NCT OF DELHI Through Crl. A. 1323/2013 Respondent Mr. Sanjay Lao, APP for the State. Mr. Amardeep Singh, Advocate for victims family. Page 1 of 68 CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE VED PRAKASH V...


Aug 14 2013

Shailender Kumar Aggarwal Vs. the Director of Estates and ors.

Court: Delhi

Decided on: Aug-14-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:14. 08.2013 W.P.(C) 3657/2013 SHAILENDER KUMAR AGGARWAL ..... Petitioner Through: Counsel for the petitioner versus THE DIRECTOR OF ESTATES & ORS. ..... Respondents Through: Mr B.V. Niren, Adv for Respondents 1 and 2 CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) Quarter No. D-48, Dress Lane, Minto Road, was allotted to Mr G.C. Aggarwal, father of the petitioner. The petitioner, Shailender Kumar Aggarwal, was also residing in the said quarter with his father. On retirement of his father, the aforesaid quarter was not vacated and the petitioner continued to reside there. The petitioner applied for regularization or out of turn allotment of the aforesaid quarter in his favour. The said request having not been acceded to and proceedings under Public Premises (Eviction of Unauthorized Occupants) Act having been initiated, OA No. 660 of 1991 was filed by the petitioner before the Central Administrative Tribunal....


Aug 14 2013

Gan Raj Gandhewar and anr. Vs. Uoi and ors.

Court: Delhi

Decided on: Aug-14-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: August 12, 2013 Judgment Pronounced on: August 14, 2013 % + WP(C) 1903/2002 GAN RAJ GANDHEWAR & ANR. ..... Petitioners Represented by: Mr.S.S.Tiwary, Advocate versus UOI & ORS. Represented by: ..... Respondents None CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. The petitioners had joined the Indian Army as Tailors and were placed in the pay scale `210-290. On October 15, 1984, the two were placed in the pay scale `260-400. With the implementation of the recommendations of the 4th Central Pay Commission, with effect from January 01, 1986 the two were placed in the pay scale `950-1500, which was the replacement scale to the scale of `210-290 and when the recommendations of the 5th Central Pay Commission were implemented with effect from January 01, 1996 they were placed in the pay scale `3050-4590, which was the replacement scale to the scale of `950-1500. In May 1999 ...


Aug 14 2013

Ex.Constable Dalbir Singh Vs. Uoi and ors.

Court: Delhi

Decided on: Aug-14-2013

$~R-97 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: August 14, 2013 W.P.(C) 2619/2002 EX.CONSTABLE DALBIR SINGH .....Petitioner Represented by: Mr.Arun Bhardwaj, Advocate versus UOI & ORS. Represented by: ..... Respondents Ms.Anuja Saxena, Advocate with Mr.Yogesh Bhardwaj, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.(Oral) 1. Heard learned counsel for the parties. Record of inquiry perused.2. The petitioner does not dispute the fact that working as a Constable (Driver) with Delhi Police he was supposed to be driving a PCR Van not V-35 and was detailed for night duty in the intervening night of 4 th and 5th April, 1993 and thus was marked absent as recorded in DD No.29 dated April 04, 1993. The petitioner also does not dispute the fact that he did not join duty nor sent any intimation for the reason of his absence nor sent any application seeking leave on medical grounds till he was dismissed from Servi...


Aug 14 2013

Union of India and ors. Vs. Jai Prakash

Court: Delhi

Decided on: Aug-14-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: July 18, 2013 Judgment Pronounced on: August 14,2013 % + WP(C) NO.8281/2011 UNION OF INDIA & ORS ..... Petitioners Represented by: Mr.Amit Anand, Advocate versus JAI PRAKASH Represented by: ..... Respondent Mr.U.Srivastava, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. The present petition lays a challenge to an order dated August 11, 2011 passed by the Central Administrative Tribunal allowing OA No. 3020/2010 directing the petitioners to offer a Group D post to the respondent with all consequential benefits except back-wages.2. The respondent had staked a claim to be appointed to a Group D in view of a circular dated November 17, 1983 issued by the Ministry of Post & Telegraph granting certain concessions to Extra Departmental Agents (EDAs) and Daily Rated Mazdoors (DRMs); to be granted regular appointment in Group D post, and one of which was for outstandi...


Aug 14 2013

Kuldeep Singh and ors. Vs. Bhagwan and ors.

Court: Delhi

Decided on: Aug-14-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h August, 2013. + RFA 581/2002 KULDEEP SINGH & ORS. ..... Appellants Through: Mr. B.P. Gupta, Adv. Versus BHAGWAN & ORS. ..... Respondents Through: Mr. Sunil Chauhan, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree dated 31.05.2002 in Suit No.113/2002 (Old No.325/1989 of the High Court of Delhi) filed by the respondents against the appellants for recovery of Rs.4,09,200/-. The learned Additional District Judge has vide the impugned judgment decreed the suit in favour of the respondents and against the appellants for recovery of Rs.3,00,000/- with interest @6% per annum from 17 th December, 1988 till the institution of the suit, pendente lite and future till realization and with costs.2. Notice of the appeal was issued and vide order dated 23 rd September, 2002, subject to the appellants depositing the sum of Rs.3,00,000/- in this Court, the operation of ...


Aug 14 2013

Govt. of Nct of Delhi and ors. Vs. Naresh Kumar

Court: Delhi

Decided on: Aug-14-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: July 18, 2013 Judgment Pronounced on: August 14, 2013 + WP(C) NO. 323/2012 GOVT.OF NCT OF DELHI & ORS ..... Petitioners Represented by: Dr.Ashwani Bhardwaj, Advocate versus NARESH KUMAR Represented by: ..... Respondent Mr.Sourabh Ahuja, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. On February 20, 2009 the Commissioner of Police issued an advertisement inviting applications from eligible candidates to fill up 6141 vacant posts of Constable (Executive) Male; indicating therein that 3101 posts were unreserved, 1658, 921 and 461 posts were reserved for OBC, SC and ST candidates respectively. It was further indicated that in each category 10% posts would be reserved for ex-servicemen.2. The respondent applied for the above post in the OBC category. Being found eligible, he appeared for the written test conducted on August 02, 2009 and cleared the same. He succ...


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