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Delhi Court August 2013 Judgments

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Aug 29 2013

Sh. Ramu Rai Vs. Sidharth International School and anr.

Court: Delhi

Decided on: Aug-29-2013

$~R-20B * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:29. h August, 2013 % + MAC A. NO. 795/2005 SH. RAMU RAI ..... Appellant Ms. Monika for Mr. S.N. Parashar, Advocate. Through: Versus SIDHARTH INTERNATIONAL SCHOOL & ANR. ..... Respondents Through: Mr.D.K.Sharma, Advocate for Respondent No.2/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred for enhancement of compensation amount against the impugned award dated 02.05.2005, whereby the learned Tribunal has granted compensation of Rs.2,18,100/- with interest @ 6% per annum from the date of filing of the petition till the date of realization in favour of the appellant.2. Learned counsel appearing on behalf of the appellant has argued that the appellant had sustained permanent disability to the extent of 52%, despite that the learned Tribunal has considered functional disability as 25% instead of 52%.3. Learned counsel submitted that as per the disability c...


Aug 29 2013

Hari Shankar Vs. Sardar Harnam Singh and ors.

Court: Delhi

Decided on: Aug-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: August 29, 2013 + CM(M) No.173/2013 & CM No.10337/2013 HARI SHANKAR Through ..... Petitioner Mr.Sanjeev Ralli, Adv. with Mr.Alpha Phiris Dayal, Adv. versus SARDAR HARNAM SINGH & ORS. ..... Respondents Through Mr.S.C. Singhal, Adv. for R-1. Mr.Ishaan Chhaya, Adv. for Mr.Rajat Aneja, Adv. for R-2. Mr.B.B. Gupta, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner assails the order dated 19 th November, 2012 passed by the Additional District Judge in Suit No.302/2009 by filing of the present petition under Article 227 of the Constitution of India. The learned trial court dismissed the application of the petitioner under Section 151 CPC for recalling the order dated 17th August, 2010 striking out the defence of the petitioner (defendant No.1 in the suit).2. The parties to the present petition have made their respective rival submissions. It is necessary to mention certain facts with ...


Aug 29 2013

Sham Lal Vs. the State (Nct of Delhi)

Court: Delhi

Decided on: Aug-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :29. h AUGUST, 2013 + CRL.A. 774/2000 SHAM LAL ..... Appellant Through : Ms.Saahila Lamba, Advocate. versus THE STATE (NCT OF DELHI) ..... Respondent Through : Mr.M.N.Dudeja, APP for the State. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) 1. Sham Lal (the appellant) challenges conviction in Sessions Case No. 257/1997 arising out of FIR No. 344/1996 PS Hauz Khas by which he was held guilty for committing offence under Section 308 IPC. By an order dated 14.11.2000, he was sentenced to undergo RI for one year with fine ` 10,000/-.2. Allegations against the appellant were that on 11.05.1996 at about 09.30 A.M. near Khel Gaon Road he fractured Gaya Bakshs parietal bone with fists with an attempt to commit culpable homicide. During the course of investigation, the Investigating Officer SI Prem Chand lodged First Information Report after recording Babu Rams statement (Ex.PW-2/1). The accused was arrested. Statements of the witnesse...


Aug 29 2013

Maruti Sinha Vs. Union of India and ors.

Court: Delhi

Decided on: Aug-29-2013

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: August 29, 2013 + W.P.(C) 5373/2013 MARUTI SINHA Represented by: ..... Petitioner Mr.Shanker Raju, Adv. versus UNION OF INDIA & ORS Represented by: ..... Respondents Mr.Sunil Kumar, Adv. and Mr.Ashish Kumar, Adv. for MCI Mr.Parvinder Chauhan, Adv. for R-3 and R-4 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V. KAMESWAR RAO PRADEEP NANDRAJOG, J.(Oral) 1. The contesting party is R-3 and R-4. Counsel as above appears for said respondents on advance copy being served.2. Since the matter is urgent and all the pleadings before the Central Administrative Tribunal have been filed along with the writ petition we have heard learned counsel for the parties for a final disposal of the writ petition.3. The petitioner is a graduate in medical science and has a specialization in the field of Obetetrics and Gynecology. Through an open competition, under the aegis of UPSC, the petitioner was appointed as a Medical Offi...


Aug 29 2013

Food Corporation of India and ors Vs. Suraj Bhan

Court: Delhi

Decided on: Aug-29-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h August, 2013 % + RFA 68/2008 FOOD CORPORATION OF INDIA & ORS ..... Appellants Through: Mr. K.A. Dewan and Mr. Deepak Dewan, Advocates. Versus SURAJ BHAN Through: ..... Respondent Mr. Ankit Jain, Adv with respondent in person. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This appeal impugns the judgment and decree dated 30 th November, 2007 of the learned Additional District Judge (ADJ), Fast Track Court, Delhi in Suit No.51/06/93 filed by the respondent.2. The said suit was filed by the respondent for recovery of Rs.7,39,400/- from the appellant No.1 Food Corporation of India (FCI) and its Zonal Manager (North), Senior Regional Manager and District Manager (impleaded as defendants No.2 to 4 in the suit without naming any particular officer and appellants No.2 to 4 in this appeal) on account of damages suffered by the respondent, (i) due to physical and mental pain, loss of reputation and humiliation...


Aug 29 2013

Commissioner of Income Tax Vs. Dinesh Kumar Agarwal

Court: Delhi

Decided on: Aug-29-2013

$~11&12. * + IN THE HIGH COURT OF DELHI AT NEW DELHI INCOME TAX APPEAL NO. 411/2010 Date of decision:29. h August, 2013 COMMISSIONER OF INCOME TAX ..... Appellant Through Mr. Sanjeev Rajpal, Sr. Standing Counsel. versus DINESH KUMAR AGARWAL ..... Respondent Through Mr. Ankit Gupta, Advocate. INCOME TAX APPEAL NO. 1026/2010 COMMIISSIONER OF INCOME TAX NEW DELHI ..... Appellant Through Mr. Sanjeev Rajpal, Sr. Standing Counsel. versus M/S ASHOKA ICE AND COLD STORAGE NEW DELHI ..... Respondent Through Mr. Manu K. Giri & Mr. Anoop Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): These two appeals can be disposed of by a common order as they are somewhat connected. The issue pertains to the sale consideration disclosed by the seller-M/s Ashoka Ice and Cold Storage and the purchaser Dinesh Kumar Agarwal of property No. C-15, Lawrence Road Industrial Area vide documents executed on 3 rd January, 2005. The total sale consi...


Aug 29 2013

Ms. Ranjana Vs. Union of India and anr.

Court: Delhi

Decided on: Aug-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 7607/2012 29th August , 2013 % MS. RANJANA Through: ......Petitioner Mr. Yakesh Anand, Advocate. VERSUS UNION OF INDIA AND ANR. Through: ...... Respondents Mr. Kirti Uppal, Senior Advocate with Mr. Shadman Ali, Advocate for respondent No.2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. Petitioner was one of the aspirants for the posts of Management Trainee (General), which were advertised by the respondent No.2-Food Corporation of India. Petitioner was an SC candidate.2. In response to the RTI query, the petitioner was informed that she has obtained a total of 48.78 marks and the last selected candidate in the SC category had 50.67 marks i.e petitioner is considerably below the cut-off marks for appointment in the SC category. This letter of the respondent No.2 informing the petitioner the aforesaid details, is dated 4.6.2012, and the same reads as under:not E.VI/41(5...


Aug 29 2013

Gajender Singh Chauhan Vs. Seema Arya and ors.

Court: Delhi

Decided on: Aug-29-2013

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:29. h August, 2013 MAC.APP. 1158/2012 GAJENDER SINGH CHAUHAN Through: ..... Appellant Mr. J.S. Kanwar, Advocate. Versus SEEMA ARYA & ORS. Through: ..... Respondents Ms. Rakhi Dubey, Advocate for Respondent No.3/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Instant appeal has been preferred for enahancement against the impugned award dated 26.03.2012, whereby ld. Tribunal has granted compensation as under:Expenditure on treatment : Rs.3,50,000/Pain and sufferings : Rs.10,000/Special diet and conveyance : Rs.5,000/Loss of Income : Rs.5,780/___________________________________________ Total : Rs.3,70,780/___________________________________________ 2. Thereafter vide order dated 17.07.2012, ld. Tribunal modified the award and recorded as under: The perusal of the file reveals that vide order dated 13.07.2012 the application under Section 152 CPC for correction of the Award dated 26....


Aug 29 2013

Ashok Popli Vs. Chairman Cum M.D. and ors.

Court: Delhi

Decided on: Aug-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 7477/2004 29th August, 2013 ASHOK POPLI Through: ......Petitioner Mr. R.K.Singh and Ms. Deepa Rai, Advocates. VERSUS CHAIRMAN CUM M.D. & ORS. Through: ...... Respondents Ms. Suruchi Suri, Adv. for R-1 and 2. Ms. Richa Kapoor, CGSC with Ms. Sahila Lamba, Adv for R-3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. Petitioner by this writ petition seeks enforcement of the circular dated 25.9.2000 issued by the respondent no.1/Indian Airlines (Now Air India) for payment of Cash Allowance in Foreign Countries. Petitioner is a Cabin Crew employee not falling in the category of pilots. The circular dated 25.9.2000 of which enforcement is sought reads as under:Reference No. HFD.9/35/275 Dated 25-9-2000 Sub: Revision of Cash Allowance at Foreign Countries. Please refer to circular not Fin/Rules/35/1274 dated 21st November, 1996, on the above subject. It has been decided to re...


Aug 29 2013

Narendra Kumar Parwanda Vs. Union of India and anr.

Court: Delhi

Decided on: Aug-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) Nos. 4400/1996 & 2398/2007 29th August, 2013 % 1. W.P.(C) No. 4400/1996 NARENDRA KUMAR PARWANDA ......Petitioner Through: Mr. Sarvesh Bisaria, Advocate with Mr. Parkash Chandra Sharma, Advocate. VERSUS UNION OF INDIA AND ANR. Through:2. ...... Respondents Mr. Jagat Arora, Advocate with Mr. Rajat Arora, Advocate. W.P.(C) No. 2398/2007 NARENDRA KUMAR PARWANDA ......Petitioner Through: Mr. Sarvesh Bisaria, Advocate with Mr. Parkash Chandra Sharma, Advocate. VERSUS SYNDICATE BANK Through: ...... Respondent Mr. Jagat Arora, Advocate with Mr. Rajat Arora, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J.MEHTA, J (ORAL) W.P.(C) No.2398/2007 1. Petitioner was given voluntary retirement by the respondent- bank w.e.f 25.9.1995. The period from 10.7.1993 to 25.9.1995-the date of grant of voluntary retirement was treated by the respondent-bank as a period of extraordinary leave granted to th...


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