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Delhi Court August 2013 Judgments

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Aug 13 2013

Tata Iron and Steel Co. Ltd. Vs. Jhalani Tools India Ltd.

Court: Delhi

Decided on: Aug-13-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CO.PET. 539 of 1998 Reserved on: July 19, 2013 Decision on: August 13, 2013 TATA IRON & STEEL CO. LTD. ..... Petitioner Through: Mr. A.N. Das, Advocate versus JHALANI TOOLS INDIA LTD. ..... Respondent Through: Mr. Chetan Sharma, Senior Advocate with Mr. Ashutosh Dubey and Mr. Abhishek Chauhan, Advocates for exmanagement. Mr. Manish Bishnoi, Advocate for the Official Liquidator. Mr. Anil Nauriya, Ms. Sumita Hazarika & Ms. Ezekial Jarain, Advocates for the workmen (Kundli Unit) in CA 89.of 2013. Mr. Umesh Yadav, Advocate for IDBI Bank. Mr. Ramesh Kumar, Advocate for Dena Bank and Consortium of Banks. Mr. Angad Kochhar, Advocate for J.P. Morgan Chase Bank. AND CO.PET. 18 of 2001 IN THE MATTER OF: JHALANI TOOLS INDIA LTD. ..... Petitioner Through: Mr. Chetan Sharma, Senior Advocate with Mr. Ashutosh Dubey and Mr. Abhishek Chauhan, Advocates for ex-management. Mr. Manish Bishnoi, Advocate for the Official Liquidator. Mr. Anil Nauriya, Ms. Sumita Hazar...


Aug 13 2013

Shweta Razdan Vs. Bapu Adarsh Vidhyalaya Public School and ors.

Court: Delhi

Decided on: Aug-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 6159/2010 13th August, 2013 SHWETA RAZDAN Through: ......Petitioner Mr. Vibhav Misra, Adv. for Ms. Avnish Ahlawat, Adv. VERSUS BAPU ADARSH VIDHYALAYA PUBLIC SCHOOL & ORS. ...... Respondents Through: Mr. Sambhuti Kumar, Adv. for Mr. Ajai Kumar, Adv. for R-1 and 2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. Two reliefs are claimed in this writ petition. First is for grant of payment of salary in terms of the 6th Pay Commission Report which has been directed to be implemented by schools in Delhi in terms of the circular of the Director of Education dated 11.2.2009. The second relief claimed is for gratuity.2. So far as the first relief of payment in terms of 6 th Pay Commission Report is concerned, I have had an occasion to consider this aspect in many cases and one such case is T.P.Singh Vs. Guru Harkrishan Public School & Ors. in W.P.(C) 12132/2009 decided on 14.2...


Aug 13 2013

Alka Gupta Vs. State and ors.

Court: Delhi

Decided on: Aug-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :21. t MAY, 2013 DECIDED ON :13. h AUGUST, 2013 + CRL.M.C.No. 1028/2013 & CRL.M.A. 3206/2013 (Stay) ALKA GUPTA Through : ....Petitioner Mr.Ramesh Gupta, Sr.Advocate with Mr.Hrishikesh Baroan, Advocate. versus STATE & ORS. Through : AND + .Respondents Mr.M.N.Dudeja, APP. Mr.Arvind Nigam, Sr.Advocate with Mr.Sameek Vashisht & Mr.Tanmay Mehta, Advocates. CRL.M.C.No. 1029/2013 & CRL.M.A. 3208/2013 (Stay) ALKA GUPTA Through : STATE & ORS. Through : ....Petitioner Mr.Ramesh Gupta, Sr.Advocate with Mr.Hrishikesh Baroan, Advocate. versus .Respondents Mr.M.N.Dudeja, APP. Mr.Arvind Nigam, Sr.Advocate with Mr.Sameek Vashisht & Mr.Tanmay Mehta, Advocates. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.The present petitions and applications stand dismissed in terms of a detailed common judgment delivered today which is placed in the file of Crl.M.C.No.1027/2013 titled Alka Gupta vs. State & Ors.. (S.P.GARG) JUDGE AUGUST 13 2013/tr...


Aug 13 2013

Ms. Inderjit Kaur Vs. Guru Harkrishan Public School and ors.

Court: Delhi

Decided on: Aug-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 3418/2011 13th August , 2013 MS. INDERJIT KAUR ..... Petitioner Through: None. versus GURU HARKRISHAN PUBLIC SCHOOL & ORS. Through: ..... Respondents Mr. Jasmeet Singh and Mr. Saurabh Tiwari, Advocates. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. The only relief claimed in this writ petition is for implementation of the 6th Pay Commission Report with respect to schools in terms of the circular of the Director of Education dated 11.2.2009. It is not disputed on behalf of the respondent no.1-school, and more so because I have passed various judgments on this count, that the petitioner is entitled to benefits in terms of the circular of the Director of Education dated 11.2.2009.2. In view of the above, the writ petition is allowed and petitioner is directed to be paid benefits in terms of the report of the 6 th Pay Commission as implemented for schools in Delhi by th...


Aug 13 2013

Dhanendra Kumar Premi Vs. Commissioner of Police and ors.

Court: Delhi

Decided on: Aug-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: August 13, 2013 + W.P.(C) 4862/2012 DHANENDRA KUMAR PREMI ..... Petitioner Represented by: Mr.Arun Bhardwaj, Advocate versus COMMISSIONER OF POLICE AND ORS. .... Respondents Represented by: Mr.Anjum Javed, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The petitioner has filed the present petition challenging the order dated June 01, 2012 in Original Application No.3747/2011 of the Central Administrative Tribunal (the Tribunal), whereby the Original Application was dismissed.2. The petitioner belongs to the scheduled caste category and had sought an appointment as Constable (Executive) in Delhi Police in the year 2008-09. The result of the selection was declared in the month of April/May 2009 in which the name of the petitioner did not figure.3. He filed an RTI application on October 21, 2009 seeking information on certain aspects relating to the recruitment proces...


Aug 13 2013

Sh.Jitender Kumar Vs. Govt.of Nct of Delhi

Court: Delhi

Decided on: Aug-13-2013

$~R-79 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: August 13, 2013 W.P.(C) 1840/2002 SH.JITENDER KUMAR Represented by: .....Petitioner Mr.Shekhar Kumar, Advocate versus GOVT. OF NCT OF DELHI Represented by: ..... Respondent None CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.(Oral) 1. On December 29, 1996, HC Dalip Singh (examined as PW-3 at the domestic inquiry) was performing duty as a Duty Officer at P.S.Chankyapuri from 4.00 PM to 12.00 midnight when he received a telephonic message that two Constables who were armed were teasing public at Vinay Marg. Recording DD No.13A he handed over the same to ASI Bankey Bihari (examined as PW-6 at the domestic inquiry) who proceeded to investigate. Soon thereafter the Security Officer of Ashoka Hotel informed him over telephone that police personnel who were armed had snatched a wrist watch and money from a worker of Ashoka Hotel which fact was recorded by HC Dalip Singh ...


Aug 13 2013

Rajender Yadav Vs. the State (Nct of Delhi)

Court: Delhi

Decided on: Aug-13-2013

$-R-3b * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :13. h AUGUST, 2013 + CRL.A. 1172/2011 RAJENDER YADAV Through : versus ..... Appellant Ms. Rakhi Dubey, Advocate. THE STATE (NCT OF DELHI) Through : ..... Respondent Mr.M.N.Dudeja, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Rajender Yadav (the appellant) impugns a judgment dated 15.04.2011 of learned Additional Sessions Judge in Sessions Case No. 66/2001 arising out of FIR No. 86/2010 PS Swaroop Nagar by which he was convicted under Section 392 IPC read with Section 397 IPC. By an order dated 19.04.2011 he was sentenced to undergo RI for seven years with fine ` 1,000/-.2. Allegations against the appellant were that on 07.07.2010 at 09.45 P.M. in Amrit Vihar Colony, 25 foota road, he and his associate (not arrested) robbed Ranjeet Pandey at the point of knife and deprived him of ` 1,100/-, mobile phone and I-card. The appellant was arrested at the spot after some chase. Daily Diary (DD) No. 60B (Ex.PW-1...


Aug 13 2013

Sh Nikhilesh Kumar Vs. Harsha Chitranshi

Court: Delhi

Decided on: Aug-13-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:13. h August, 2013 % + RFA NO.371/2013 SH NIKHILESH KUMAR Through: ..... Appellant Mr. Sanjeet Singh, Adv. Versus HARSHA CHITRANSHI ..... Respondent Through: None. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J CM No.12361/2013 (for exemption) 1. Allowed, subject to just exceptions.2. The application is disposed of. RFA 371/2013, CM No.12362/2013 (for condonation of 329 days delay in filing the appeal), CM No.12363/2013 (for extension of time for making up deficiency in Court Fees) and CM No.12364/2013 (for condonation of 8 days delay in re-filing) 3. The appeal impugns the order (dated 07.04.2012 in Suit No.407/2010 of the Court of Additional District Judge, South-West, New Delhi) of rejection of plaint in a suit filed by the appellant for recovery of Rs.3,74,000/- from the respondent.4. The appellant is an Advocate and the respondent a partner of a Law Firm in the name of Akash Chittranshi & Associates whic...


Aug 13 2013

Pt Djarum Vs. Chander Sheikhar Marwah and ors.

Court: Delhi

Decided on: Aug-13-2013

* 11 + IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) No. 1133 of 2012 PT DJARUM ..... Plaintiff Through: Mr. Saif Khan with Ms. Divya Vijan Bajaj and Ms. Ayushi Kiran, Advocates. versus CHANDER SHEIKHAR MARWAH & ORS ..... Defendants Through Mr. Joseph Koshy, Advocate for D-1 to 3. CORAM: JUSTICE S. MURALIDHAR ORDER 13 08.2013 % IA Nos. 7561 of 2012 (u/O XXXIX Rules 1 & 2 CPC) & 12401 of 2012 (u/O XXXIX Rule 4 CPC) 1. By this order this Court proposes to dispose of IA No. 7561 of 2012 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure 1908 (CPC) filed by the Plaintiff and I.A. No.12401 of 2012 under Order XXXIX Rule 4 CPC filed by the Defendant Nos. 1 to 3.2. The background facts have been set out in paras 6 to 8 of the order dated 25th April 2012 passed by the Court which reads as under:6. As per the plaint, Plaintiff company is based in Indonesia and was founded in the year 1951. The Plaintiff is one of the largest cigarette and tobacco manufacturers in Indonesia. Plaint...


Aug 13 2013

Indian Renewable Energy Development Agency Ltd Vs. Bhagyanagar Solvent ...

Court: Delhi

Decided on: Aug-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. M.C. 746/2010 Date of Decision :13. h August, 2013 % INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LTD ..... Petitioner Through Mr. Dharmender Arya, Adv. versus BHAGYANAGAR SOLVENT EXTRACTIONS PVT LTD & ORS Through None. ..... Respondents CORAM :HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. There is no appearance on behalf of the respondent despite the matter having been passed over once.2. The petitioner has challenged the order dated 3rd November, 2009 whereby the learned Metropolitan Magistrate has returned the complaint under Section 138 of the Negotiable Instruments Act to the petitioner due to the lack of territorial jurisdiction.3. Learned counsel for the petitioner submits that the petitioner instituted a complaint under Section 138 of the Negotiable Instruments Act before the learned Metropolitan Magistrate relating to two cheques bearing no.736501 dated 31 st December, 2007 for Rs.60,54,000/- and cheque no.736473 dated 31st De...


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