Delhi Court September 2013 Judgments
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Union of India and anr. Vs. Hari Singh
Court: Delhi
Decided on: Sep-23-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)No.4245/2013 & CM No.9885/2013 Reserved on :14. h August, 2013 Date of decision :23. d September, 2013 % UNION OF INDIA & ANR. Through : ..... Petitioners Mr. R.V. Sinha, Adv. versus HARI SINGH Through : ..... Respondent Mr. Sachin Chauhan, Adv. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.1. By way of the present writ petition, the petitioners have challenged the judgment dated 8th January, 2013 in R.A.No.27/2012 in O.A.No.1844/2011 passed by the Central Administrative Tribunal, Principal Bench at New Delhi holding that there was inordinate and unexplained delay in commencement of the disciplinary proceedings against the respondents before the Tribunal and directing that the same would stand quashed. WP(C) No.4245/2013 page 1 o2. The respondent before us, joined service with the Customs Department in the year 1976. At the time of filing of his Original Application before the Tribunal, he had...
M/S Suneet Finman Pvt.Ltd. Vs. Ajit Singh and ors.
Court: Delhi
Decided on: Sep-23-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. rd September, 2013. % + RFA 552/2005 M/S SUNEET FINMAN PVT.LTD. ..... Appellant Through: Mr. Anilendra Pandey, Adv. Versus AJIT SINGH & ORS. ..... Respondents Through: Mr. Madan Lal, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree, dated 2nd February, 2005 of the Court of the Additional District Judge (ADJ) in Suit No.30/2002 filed by the respondent No.1/plaintiff against the appellant and against one Mr. Rajan Arora and Mr. Batan Singh, for recovery of Rs.1,50,000/together with interest at 9% per annum from the date of judgment/decree till realization, from the appellant and the said Mr. Rajan Arora and Mr. Batan Singh jointly and severally.2. Notice of the appeal was issued and on the direction contained in the order dated 10th November, 2006, the said Mr. Rajan Arora and Mr. Batan Singh who were earlier not impleaded as parties to the appeal ...
Pankaj JaIn Vs. State
Court: Delhi
Decided on: Sep-23-2013
$~R-1 & 2. * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment dated 23rd September, 2013 % + CRL.A. 4/2005 PUSHPA JAIN Through : ..... Appellant Mr.M. Shamikh, Adv. versus STATE Through : Through : + ..... Respondent Mr.Pawan Sharma, Adv. ..... Appellant Mr.M. Shamikh, Adv. CRL.A. 23/2005 PANKAJ JAIN versus STATE Through : ..... Respondent Mr.Pawan Sharma, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Both the present appeals arise out of a common judgment dated 13.12.2004 and order on sentence dated 14.12.2004 passed by learned Additional Sessions Judge, Delhi, in S.C.No.108/2002. The appeals have been heard together and are being disposed of by a common judgment.2. By the impugned judgment, Smt.Pushpa Jain, mother-in-law, (appellant in Crl.Appeal No.4/2005) has been sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Sections 498A IPC with fine of Rs.10,000/- and in default of payment of fine, simple imprisonmen...
Deepika JaIn Vs. Rukmini Devi Public School and ors.
Court: Delhi
Decided on: Sep-23-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.237/2013 23rd September, % DEEPIKA JAIN Through:2013. ......Petitioner Mr. Ashok Aggarwal, Adv. VERSUS RUKMINI DEVI PUBLIC SCHOOL & ORS. ...... Respondents Through: Ms. Asha Jain Madan and Mr. Mukesh Jain, Advs. Ms. Sana Ansari, Adv. for Ms. Zubeda Begum, 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. By this writ petition, petitioner seeks implementation of the 6th Pay Commission Report and her consequential up-gradation of salary as also payment of arrears of salary for the period from 1.1.2006 to 11.10.2007.2. The Director of Education by its circular dated 11.2.2009 has ordered the schools in Delhi to make necessary payments in terms of the 6 th Pay Commission Report.3. I have held in many cases, including the case of Meenu Thakur Vs. Somer Ville School & Ors. W.P.(C) 8748/2010 decided on 13.2.2013 that paucity of funds is not a ground to not pay amou...
New Green Field School Saket Vs. Deputy Director of Edu. and ors.
Court: Delhi
Decided on: Sep-23-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.18360/2006 & CM No.15257/2006 (stay) 23rd September, % 2013 NEW GREEN FIELD SCHOOL SAKET ......Petitioner Through: Mr. Kirti Uppal, Sr. Adv. with Mr. Pushkar Sood , Mr. Arshad Ali and Mr. Dharmender Sharma, Advocates. VERSUS DEPUTY DIRECTOR OF EDU. & ORS. ...... Respondents Through: Ms. Navratn Chaudhary and Ms. T.Pongener, Advs. for R-1 and 2. Mr. P.S.Sharda, 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-school by this writ petition impugns the orders dated 5.12.2002 and 6.10.2006 passed by the Deputy Director of Educationrespondent no.1 and Director of Education-respondent No.2 respectively which direct payments be made to the respondent no.3-Ms. Shubh Chintika Malhotra of all monetary benefits payable to a teacher in a recognized school.2. The dispute in the present case was with respect to respondent no.3 being transferred from a recognize...
icici Lombard Gen Insurance Co Ltd Vs. Ramwati and ors
Court: Delhi
Decided on: Sep-23-2013
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. d September, 2013 MAC.APP. 895/2012 ICICI LOMBARD GEN INSURANCE CO LTD ..... Appellant Through: Mr. Navneet Kumar, Adv. versus RAMWATI & ORS ..... Respondent Through: Mr. Navneet Goyal, Adv. for R1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. CM. No.14153/2012 (For Delay) Vide the instant application, applicant / appellant is seeking condonation of delay of 60 days in filing the instant appeal.2. Ld. Counsel appearing on behalf of the respondent No.1 / claimant submits that he has no objection, if the instant application is allowed.3. In view of above, delay of 60 days is condoned.4. Accordingly, application disposed of. + MAC.APP. 895/2012 1. Vide the instant appeal, appellant has assailed the award dated 07.03.2012, whereby ld. Tribunal has granted compensation of Rs.70,434/- in favour of respondent No.1 / claimant for the injuries sustained in the accident took place on 05.11.2006.2. Ld....
Harish Chander Vs. Union of India and ors
Court: Delhi
Decided on: Sep-23-2013
$~8 (Common Order) * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d September, 2013 % + W.P.(C) 5051/2012 HARISH CHANDER ..... Petitioner Through : Mr. Dhiraj, Adv. versus UNION OF INDIA AND ORS ..... Respondent Through : Mr. Rajeeve Mehra, ASG. AND $~9 + SATWINDER SINGH W.P.(C) 5336/2012 ..... Petitioner Through : Mr. Dhiraj, Adv. versus UNION OF INDIA AND ORS ..... Respondent Through : Mr. Rajeeve Mehra, ASG. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J (Oral) 1. These two writ petitions have been preferred by the petitioners being aggrieved by the non-payment of Bhutan Compensatory Allowance (hereinafter referred to as BCA) by the respondents.2. The brief facts giving rise to the writ petitions are noted hereafter. The petitioner in W.P.(C) 5051/2012 namely Sh. Harish Chander was recruited on 1st June, 1989 in GREF (Border Roads Organization) and was posted to 504 SS & TC under project DANTAK from HQCE (P) where he reported o...
Avtar Singh Vs. Union of India and ors
Court: Delhi
Decided on: Sep-23-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)No.6563/2011 Reserved on :12. h August, 2013 Date of decision :23. d September, 2013 % AVTAR SINGH Through : ..... Petitioner Mr. D.J.Singh, Adv. versus UNION OF INDIA AND ORS ..... Respondents Through : Ms. Jyoti Singh, Sr. Adv. with Mr. Himanshu Bajaj, CGSC, Ms. Tina Singh, Adv. and Lt. Commander Varun Singh (Navy) for R-1 and 3. CORAM: HONBLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.1. The present writ petition has been filed by the petitioner assailing the following:(i) the order dated 1st November, 1990 passed in terms of Regulation 169 of the Navy (Discipline and Miscellaneous Provisions) Regulations, 1965 convening the court martial of the petitioner which was communicated by Commander B.K. Ahluwalia, Trial Judge Advocate on the 2nd of November, 1990 on twenty seven charges. WP(C) No.6563/2011 page 1 of 80 (ii) the order dated 15th March, 1991 of the court martial finding the petitioner guilty o...
P. Uma Vs. Delhi University and anr.
Court: Delhi
Decided on: Sep-23-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:23. 09.2013 W.P.(C) 5529/2013 & CM 12304/2013 (stay) P. UMA Through: ..... Petitioner Mr. Neeraj Yadav, Adv. versus DELHI UNIVERSITY & ANR. Through: ..... Respondent Mr. Saurabh Bajerjee, Adv. for R- CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court applied for admission to the B.Ed. Course, 2013 in the Department of Education of Delhi University. As per the eligibility conditions stipulated by the University, the candidates who had appeared for the final year examination of any of the qualifying examinations, were eligible for admission to the said Course on a provisional basis, subject to their submitting the mark-sheet of the said examination within one week from the date of admission, but not later than 31.7.2013.2. The petitioner, who had appeared in final year examination for B.A. Programme of Delhi University, got his result only on 31.7.2013. The said result, according ...
Commissioner of Income Tax-i Vs. Angelique International Ltd
Court: Delhi
Decided on: Sep-23-2013
$~3&9. * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL NOS. 280/2013 & 454/2013 Date of decision:23. d September, 2013 COMMISSIONER OF INCOME TAX-I ..... Appellant Through Mr. Sanjeev Rajpal, Sr. Standing Counsel. versus ANGELIQUE INTERNATIONAL LTD ..... Respondent Through Nemo. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): Revenue by this appeal under Section 260A of the Income Tax Act (Act, for short) claims that the assessee had defaulted and failed to deduct tax at source on commission/discount on sale of Rs.37,87,26,158/- paid to non-residents situated outside India and who do not have any office or permanent establishment in India. This amount of Rs.37,87,26,158/-, actually paid and incurred as expenditure by the respondent assessee, has been disallowed relying upon Section 40(a)(i) of the Act.2. Factually, there is no dispute and it is accepted that the payments were made and are genuine payments. It is accep...
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