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Delhi Court September 2013 Judgments

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Sep 17 2013

Ministry of External Affairs Vs. Praveen Vaid

Court: Delhi

Decided on: Sep-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on :05. 09.2013 Judgment pronounced on :17. 09.2013 + W.P.(C) 2232/2012 UNION OF INDIA THROUGH MINISTRY OF EXTERNAL AFFAIRS ..... Petitioner Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus RAJESH BHATIA ..... Respondent Through: + W.P.(C) 8932/2011 & CM No.20166/2011 MINISTRY OF EXTERNAL AFFAIRS ..... Petitioner Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus PRAVEEN VAID ..... Respondent Through: + In person. W.P.(C) 3421/2012 & CM No.7235/2012 UNION OF INDIA Through: ..... Petitioner Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus KANWAR DEEP SINGH Through: + ..... Respondent Mr. K. Mahajan, Adv. W.P.(C) 1263/2012 & CM No.2745/2012 UNION OF INDIATHROUGH MINISTRY OF EXTERNAL AFFAIRS ..... Petitioner Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus J...


Sep 17 2013

Union of Indiathrough Ministry of External Affairs Vs. G. Srinivas

Court: Delhi

Decided on: Sep-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on :05. 09.2013 Judgment pronounced on :17. 09.2013 + W.P.(C) 2232/2012 UNION OF INDIA THROUGH MINISTRY OF EXTERNAL AFFAIRS ..... Petitioner Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus RAJESH BHATIA ..... Respondent Through: + W.P.(C) 8932/2011 & CM No.20166/2011 MINISTRY OF EXTERNAL AFFAIRS ..... Petitioner Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus PRAVEEN VAID ..... Respondent Through: + In person. W.P.(C) 3421/2012 & CM No.7235/2012 UNION OF INDIA Through: ..... Petitioner Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus KANWAR DEEP SINGH Through: + ..... Respondent Mr. K. Mahajan, Adv. W.P.(C) 1263/2012 & CM No.2745/2012 UNION OF INDIATHROUGH MINISTRY OF EXTERNAL AFFAIRS ..... Petitioner Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus J...


Sep 17 2013

Ex.Const. Jagat Singh Vs. Uoi and ors.

Court: Delhi

Decided on: Sep-17-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on September 05, 2013 Judgment Delivered on September 17, 2013 + W.P.(C) 7276/2000 EX.CONST. JAGAT SINGH ..... Petitioner Represented by: Mr.S.S.Tiwari, Advocates versus UOI & ORS. ..... Respondents Represented by: Dr.Ashwani Bhardwaj, Advocate CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge in the writ petition is to the orders dated March 13, 1999 and November 09, 1999 of the Disciplinary Authority and Appellate Authority whereby a penalty of removal from service was imposed on the petitioner, which order was upheld in the appeal.2. The relevant facts are that the petitioner joined Central Industrial Security Force as a constable on April 03, 1989.3. While he was posted at Seetalpur (West Bengal) he was issued a memorandum dated August 11-12, 1998 under Rule 34 of CISF Rules 1969 wherein three articles of charges were framed against the petitioner for certain miscon...


Sep 17 2013

Uoi and ors. Vs. Swapan Kumar Das

Court: Delhi

Decided on: Sep-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: August 22, 2013 Judgment Pronounced on: September 17, 2013 + WP(C) NO. 8124/2011 UOI & ORS. Represented by: ..... Petitioners Mr.V.Shekhar, Sr.Advocate with Mr.D.S.Mahindru, Mr.Vishal Saxena and Mr.Piyush Jain, Advocates versus SWAPAN KUMAR DAS Represented by: Mr.S.K.Das, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. Union of India and its subordinate office National Statistical Commission are aggrieved by the judgment and order dated October 20, 2011 passed by the Central Administration Tribunal allowing OA No.1653/2010. Challenge by the respondent to the decision of the Search Committee to empanel Prof.T.C.A.Anant at serial number 1 for the post of Chief Statistician of India and his consequent appointment to said post has succeeded before the Tribunal.2. With a view to reorganise the statistical departments, the Ministry of Statistics &...


Sep 17 2013

Kamal Jaiswal and ors. Vs. State of Nct of Delhi

Court: Delhi

Decided on: Sep-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :4. h September, 2013 DECIDED ON :17. h September, 2013 + CRL.A. 221/2003 KAMAL JAISWAL & ORS. Through : ..... Appellants Mr.Manish Aggarwal, Advocate with Ms.Parul Sharma, Advocate. VERSUS STATE OF NCT OF DELHI Through : ..... Respondent Mr.Navin K.Jha, APP. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Kamal Jaiswal (A-1), Arun Punia (A-2), Shekar Verma (A-3) and Sushil Kumar @ Shalu (A-4) impugn a judgment dated 24.03.2003 and sentence order dated 27.03.2003 in Sessions Case No.102/2002 arising out of FIR No.142/2000 registered at Police Station Bhajan Pura by which they were convicted under Sections 307/427/34 IPC and sentenced to undergo RI for two years with fine `10,000/- each under Section 307/34 IPC and RI for six months with fine `5,000/- each under Section 427/34 IPC.2. Allegations against the appellants were that on 28.05.2000 at about 10.30 P.M. at Milan Restaurant, C-6, DDA Market, Yamuna Vihar they inflicted injuries to ...


Sep 17 2013

New India Insurance Co Ltd. Vs. Rajpal and ors

Court: Delhi

Decided on: Sep-17-2013

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:17th September, 2013 % + MAC.APP. 950/2011 & CM No.19712/2011 NEW INDIA INSURANCE CO LTD. Through: ..... Appellant Mr.K.L. Nandwani, Advocate. Versus RAJPAL & ORS ..... Respondents Through: Mr. Gurmeet Singh Hans and Mr.Gurvinder Singh, Advocates. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) MAC.APP. 950/2011 1. The present appeal is directed against the impugned award dated 26.07.2011, whereby the learned Tribunal has granted a compensation of Rs.9,27,200/- with interest at the rate of 7.5% per annum from the date of filing of the petition till the date of realization of the amount.2. Learned counsel appearing on behalf of the appellant/Insurance Company has mainly argued on three points. Firstly, the claimants pleaded in the claim petition that the deceased was earning a sum of Rs.4,500/- per month, whereas the learned Tribunal has considered his monthly income as Rs.6,448/- in view of the minimum wa...


Sep 17 2013

Bharti Axa General Insurance Co Ltd Vs. Smt Pinki and ors

Court: Delhi

Decided on: Sep-17-2013

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:17. h September, 2013 MAC.APP. 592/2012 BHARTI AXA GENERAL INSURANCE CO LTD..... Appellant Through: Ms. Suman Bagga, Adv. versus SMT PINKI & ORS ..... Respondents Through: NEMO. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Instant appeal has been preferred against the impugned award dated 23.04.2012 whereby, ld. Tribunal has granted compensation for a sum of Rs.18,60,464/- with interest @ 9% from the date of institution of the petition till realization.2. Ld. Counsel for the appellant has argued that the claimants have failed to establish that the deceased was working as a Mason. However, believing on the bald statement of the claimants, ld. Tribunal has considered the monthly salary of the deceased as Rs.7,826/- per month as per the minimum wages for skilled person.3. Ld. Counsel further submits that ld. Tribunal has erred in awarding future prospects of 50% contrary to the dictum of Sarla Verm...


Sep 17 2013

Mohini Jha and ors Vs. Jamal Khan and ors

Court: Delhi

Decided on: Sep-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:3. d September, 2013 Judgment delivered on:17. h September, 2013 % + MAC.APP. 789/2011 MOHINI JHA & ORS Through: ..... Appellants Mr.Maruf Khan, Advocate. Versus JAMAL KHAN & ORS Through: ..... Respondents Mr. L.K. Tyagi, Advocate for Respondent No.3. Ms. Neerja Sachdeva, Advocate for Respondent No.6. HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. The present appeal is preferred for enhancement of the impugned award dated 21.02.2011, whereby the learned Tribunal has granted a sum of Rs. 27,60,000/- as compensation in favour of the appellants/claimants along with interest at the rate of 8% per annum from the date of filing of the petition till realization.2. Learned counsel appearing on behalf of the appellants/claimants has submitted that the appellants have examined PW5 Sh. Surender Nagar, Executive Assistant of Express Trade Tower, Film City, Sector 16, Noida, who deposed that their office had issued a letter to the de...


Sep 17 2013

Union of India Through Ministry of External Affair Vs. Rajesh Kapil

Court: Delhi

Decided on: Sep-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on :05. 09.2013 Judgment pronounced on :17. 09.2013 + W.P.(C) 2232/2012 UNION OF INDIA THROUGH MINISTRY OF EXTERNAL AFFAIRS ..... Petitioner Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus RAJESH BHATIA ..... Respondent Through: + W.P.(C) 8932/2011 & CM No.20166/2011 MINISTRY OF EXTERNAL AFFAIRS ..... Petitioner Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus PRAVEEN VAID ..... Respondent Through: + In person. W.P.(C) 3421/2012 & CM No.7235/2012 UNION OF INDIA Through: ..... Petitioner Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus KANWAR DEEP SINGH Through: + ..... Respondent Mr. K. Mahajan, Adv. W.P.(C) 1263/2012 & CM No.2745/2012 UNION OF INDIATHROUGH MINISTRY OF EXTERNAL AFFAIRS ..... Petitioner Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. P. Roychaudhuri & Mr. Amit Panigrahi, Advs. versus J...


Sep 17 2013

Bharat Sanchar Nigam Ltd. Vs. Shri S.N. Paracer and ors.

Court: Delhi

Decided on: Sep-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. 09.2013 + W.P.(C) 8122/2011 BHARAT SANCHAR NIGAM LTD ..... Petitioner Through : Sh. Sameer Agrawal, Advocate. versus SHRI S.N.PARACER AND ORS ..... Respondents Through : Sh. Naresh Kaushik, Advocate, for Resp. No.1. HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. Bharat Sanchar Nigam Limited (BSNL) claims to be aggrieved by an order of the Central Administrative Tribunal (CAT) dated 05.04.2011 where the respondents application was allowed.2. The brief facts are that the respondent, an employee of BSNL, at the relevant time was working as Superintending Engineer (Electrical) [hereafter referred to as SE (E)]; by the order dated 30.04.2003, he was asked to look-after the post of Chief Engineer (Electrical) [hereafter referred to as CE(E)] and functioned as such. It is not in dispute that eventually the respondent retired from the service without being regula...


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