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Delhi Court September 2013 Judgments

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Sep 17 2013

Union of Indiathrough Ministry of External Affairs Vs. Durgesh Vijayva ...

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

Asha and ors Vs. Pawan Kumar and ors

Court: Delhi

Decided on: Sep-17-2013

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:17. h September, 2013 MAC.APP. 525/2011 ASHA & ORS ..... Appellants Through: Mr. O.P. Mannie, Adv. versus PAWAN KUMAR & ORS ..... Respondents Through: Mr. Naresh C. Sharma and Mr. Chetan Swarup, Advs. for R1. Mr. Soumik Mazumdar, Adv. for R3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Instant appeal has been filed for enhancement of the compensation amount against the impugned award dated 31.01.2011, whereby the learned Tribunal has granted compensation of Rs.11,73,600/- with interest 7.5% per annum from the date of filing of the petition till realization.2. Ld. Counsel appearing on behalf of the appellants has argued the present appeal only on the ground that the deceased was working as a Supervisor with M/s. DKK Promoters and Builders Pvt. Ltd. and was getting a salary of Rs.8,300/- per month as per salary certificate Ex.PW1/1. However, learned Tribunal has not considered the same, in turn as...


Sep 17 2013

Rupinder Kaur Vs. State

Court: Delhi

Decided on: Sep-17-2013

$~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. 9.2013 1.+ BAIL APPLN. 1437/2013 RUPINDER KAUR ..... Petitioner Through: Mr. Rajat Aneja, Adv. versus STATE ..... Respondent Through: Ms. Jasbir Kaur, APP for State. SI Kuldeep. Mr. Vikas Pahwa, Sr. Adv. with Ms. Aeshna Dahiya, Adv. for complainant. AND 2.BAIL APPLN. 1439/2013 DEV KARAN SINGH ..... Petitioner Through: Mr. Rajat Aneja, Adv. versus STATE ..... Respondent Through: Ms. Jasbir Kaur, APP for State. SI Kuldeep. Mr. Vikas Pahwa, Sr. Adv. with Ms. Aeshna Dahiya, Adv. for complainant. VEENA BIRBAL, J.BAIL APPLN. 1437/2013 & CRL.M.B. No.1602/2013 BAIL APPLN. 1439/2013 & CRL.M.B. No.1603/2013 1. This is a petition under Section 438 of Cr.P.C. read with Section 482 of Cr.P.C. for grant of anticipatory bail to the petitioners in FIR No.128/2013 under Section 420 IPC registered at P.S. Vasant Vihar.2. Learned counsel appearing for the petitioners has submitted that petitioner Rupinder Kaur is a housewife. She has ...


Sep 17 2013

Rajpal and ors. Vs. New India Assurance Co. Ltd.

Court: Delhi

Decided on: Sep-17-2013

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:17th September, 2013 + MAC.APP. 405/2013 RAJPAL & ORS. ..... Appellants Through: Mr. Gurmeet Singh Hans and Mr.Gurvinder Singh, Advocates. Versus NEW INDIA ASSURANCE CO. LTD. Through: ..... Respondent Mr.K.L. Nandwani, Advocate. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. This cross-appeal has been preferred by the appellant/claimants seeking enhancement of the compensation amount granted by the learned Tribunal vide impugned award dated 26.07.2011 on the ground that the learned Tribunal has failed to add future prospects while awarding compensation.2. Learned counsel appearing on behalf of the appellants/claimants has submitted that at the time of the accident, the deceased was 29 years of age and in view of the recent judgment of the Full Bench of the Supreme Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563 the appellants/claimants are entitled for 50% towards f...


Sep 17 2013

Prabhu Lal Vs. State and ors

Court: Delhi

Decided on: Sep-17-2013

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1176/2013 % Judgment dated 17.09.2013 PRABHU LAL Through ..... Petitioner Mr. Krishan Kumar, Advocate versus STATE & ORS Through ..... Respondent Ms. Charu Dalal, Advocate for Mr. Saleem Ahmed, ASC for respondents No.1 to 3. Respondents No.4 & 5 in person. Ms.Gomti Devi, sister of the petitioner. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P. MITTAL G.S.SISTANI, J (ORAL) 1. Present petition has been filed by one Shri Prabhu Lal, who claims himself to be the brother-in-law of Shri Durga Prasad. Brother and sister of Durga Prasad have been arrayed as respondents No.4 and 5 in the petition.2. The facts which have been stated in this petition are that there was some matrimonial dispute between the sister of the petitioner and her husband which was amicably resolved with the intervention of elderly people and other well-wishers of both the parties. It has also been averred that respondents No.4 and 5 have an evil eye...


Sep 17 2013

Yogesh Kumar SwaIn Vs. the Management of M/S Birla Textile Mills and a ...

Court: Delhi

Decided on: Sep-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: September 17, 2013 + LPA 441/2013 YOGESH KUMAR SWAIN Through: Advocate. Mr.Sanjay ..... Appellant Kumar Tyagi, Versus THE MANAGEMENT OF M/S BIRLA TEXTILE MILLS & ANR. ..... Respondents Through: Dr.M.Y. Khan, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S.RAVINDRA BHAT(Oral) 1. The present appeal is directed against an order of the learned Single Judge dated 18th April, 2013 by which the award of the Industrial Tribunal dated 25th July, 2002 was set aside.2. The brief facts of the case are that the appellant (referred to hereinafter as the workman) was appointed as a driver in the Birla Textile Mills, (referred to as the Management). He was regularized in 1980. The Management in February March, 1994 chargesheeted the workman for alleged dereliction of duty. His services were later terminated on 12th August, 1994. The Management at the same time moved an approval petition under ...


Sep 17 2013

Brahm Singh Vs. Gulshan Kumar Gulati and anr.

Court: Delhi

Decided on: Sep-17-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. h September, 2013 % + RFA 538/2002 BRAHM SINGH Through: ..... Appellant Mr. Shahzad Khan, Adv. versus GULSHAN KUMAR GULATI & ANR. Through: None. ..... Respondents CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J CM Nos.5479/2013 & 5480/2013 (for restoration of appeal dismissed in default on 9th November, 2011 and for condonation of 478 days delay in applying therefor).1. The respondents have been served by publication. None appears.2. For the reasons stated, the delay of 478 days in applying for restoration is condoned and the order dated 9 th November, 2011 of dismissal of the appeal in default is recalled and the appeal restored to its original position.3. The applications are disposed of. RFA 538/2002.4. The counsel for the appellant/plaintiff has been heard. Though the Trial Court record earlier requisitioned has been sent back but since the respondents/defendants before the Trial Court also were ex par...


Sep 17 2013

Dev Karan Singh Vs. State

Court: Delhi

Decided on: Sep-17-2013

$~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. 9.2013 1.+ BAIL APPLN. 1437/2013 RUPINDER KAUR ..... Petitioner Through: Mr. Rajat Aneja, Adv. versus STATE ..... Respondent Through: Ms. Jasbir Kaur, APP for State. SI Kuldeep. Mr. Vikas Pahwa, Sr. Adv. with Ms. Aeshna Dahiya, Adv. for complainant. AND 2.BAIL APPLN. 1439/2013 DEV KARAN SINGH ..... Petitioner Through: Mr. Rajat Aneja, Adv. versus STATE ..... Respondent Through: Ms. Jasbir Kaur, APP for State. SI Kuldeep. Mr. Vikas Pahwa, Sr. Adv. with Ms. Aeshna Dahiya, Adv. for complainant. VEENA BIRBAL, J.BAIL APPLN. 1437/2013 & CRL.M.B. No.1602/2013 BAIL APPLN. 1439/2013 & CRL.M.B. No.1603/2013 1. This is a petition under Section 438 of Cr.P.C. read with Section 482 of Cr.P.C. for grant of anticipatory bail to the petitioners in FIR No.128/2013 under Section 420 IPC registered at P.S. Vasant Vihar.2. Learned counsel appearing for the petitioners has submitted that petitioner Rupinder Kaur is a housewife. She has ...


Sep 17 2013

Mohd.islam Vs. State

Court: Delhi

Decided on: Sep-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:10.09.2013 Judgment delivered on:17.09.2013 CRL.A. 1064/2010 MOHD. ISLAM .... Appellant Through Mr. Ajay Verma, Adv. versus STATE Through + ..... Respondent Mr. Sunil Sharma, APP for State CRL.A. 414/2011 CHANDER SINGH Through .... Appellant Mr. S.K. Pandey, Adv. versus STATE Through ..... Respondent Mr. Sunil Sharma, APP for State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 There are two appellants before this Court. Both of them are aggrieved by the impugned judgment and order on sentence dated 26.03.2010 and 29.03.2010 vide which they have been convicted for the offence under Sections 302,201 read with 34 of the Indian Penal Code (IPC) and had been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- each and in default of payment of fine to undergo SI for a period of three months each for the offence under Section 302/34 of the IPC; for the ...


Sep 17 2013

M/S Ludhiana Wool Emporium and ors. Vs. Jasvinder Pal Singh and anr

Court: Delhi

Decided on: Sep-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order Pronounced on: September 17, 2013 + CM(M) No.450/2012 & C.M. No.7031/2012 M/S LUDHIANA WOOL EMPORIUM & ORS ..... Petitioners Through Mr.Gurmeet Singh Ahuja, Adv. versus JASVINDER PAL SINGH AND ANR ..... Respondents Through Respondent No.1 in person. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present petition is filed by the petitioners under Article 227 of the Constitution of India, against the orders dated 29th September, 2011, 5th November, 2011, 12th December, 2011 and 21st January, 2012 whereby the petition of the petitioners/objectors under Section 34 of the Arbitration and Conciliation Act, 1996 as well as the application for recalling of records from the learned trial Court were dismissed.2. Brief facts are that respondent No.1/claimant had filed a claim petition for adjudication of disputes and differences before the Arbitration Association of respondent No.2 who was appointed as sole Arbitrator by the Se...


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