Delhi Court September 2013 Judgments
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Sh Ved Prakash Vs. Govt of Nct of Delhi and ors
Court: Delhi
Decided on: Sep-06-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: September 6, 2013 + LPA 653/2013 SH VED PRAKASH ..... Appellant Through : Mr. Ved Parkash and Mr. Bhim Sain, Advs. versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through : Mr. V.K.Tandon, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S.RAVINDRA BHAT(Oral) 1. The appellants grievance is that the learned Single Judge by the impugned order dismissed a writ petition filed in 2010.2. The claim in the writ petition was for monetary benefits in terms of the resolution of the erstwhile Delhi Vidyut Board dated 16th July, 1997 and a subsequent order of 23rd July, 1997. The sole ground for rejection of the petition was that it was founded on a cause of action which occurred 13 years prior to its institution and was, therefore, held to be barred by principles of laches.3. LPA 653/2013 Learned counsel urges that learned Single Judge who dealt with Page 1 the petition ignored previo...
State Vs. VipIn Gupta
Court: Delhi
Decided on: Sep-06-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 78/2007 Decided on 06.09.2013 IN THE MATTER OF : STATE ..... Appellant Through: Mr. Naveen Sharma, APP for State with ASI Rajinder Kaushik, PS: Kotwali. versus VIPIN GUPTA ..... Respondent Through: Respondent in person. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The present appeal has been filed by the State seeking to assail the judgment dated 11.10.2006 passed by the learned MM in case FIR No.597/2000 registered under Sections 279/304-A IPC at Police Station: Kotwali.2. The case relates to an incident dated 30.10.2000, when one Sarfuddin was admitted in LNJP Hospital as a result of an accident. When the injured Sarfuddin was admitted in the hospital, he was accompanied by two friends, namely, Mohd. Saleem (PW-5) and Sahirul. Mohd. Saleem had made a statement to the police that after having their dinner, when he alongwith the injured and one Sahirul came out from a Dhaba situated at Paltoon Bridge Road, Upper Yamuna P...
Lt Gen Ravi Dastane, Avsm, Vsm Vs. Uoi and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: Sep-06-2013
Sunil Hali, J. 1. Whether in the absence of a Nominated Selection Committee or Selection Board as per para 108 of Regulations of Army, the Appointments Committee of the Cabinet is empowered to make both selection and appointment for Army Commander, is the issue involved in the present application. In order to appreciate the controversy involved in this case certain facts are required to be noted as given herein below: 2. The petitioner was granted permanent commission in the Indian Army in the Regiment of Artillery and has risen up to the rank of Lt. General, which is the post he is holding as on today. Two vacancies for Army Commanders were required to be filled up from amongst the Corps Commanders holding the rank of Lt. General, who satisfy the eligibility criteria laid down by the respondents. The criteria for appointment of Army Commander was issued under the Orders of President of India on 20.10.1986. Following criteria was laid down: a) The officer should be fit in every respect...
Geeta Devi and ors. Vs. Iffco Tokio Gen. Ins. Co. and ors.
Court: Delhi
Decided on: Sep-05-2013
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:5th September, 2013 % + MAC.APP. 751/2013 GEETA DEVI & ORS. Through: ..... Appellants Mr. Anshuman Bal, Advocate. Versus IFFCO TOKIO GEN. INS. CO. & ORS. ..... Respondents Through: Ms. Suman Bagga, Advocate for Respondent No.1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred for enhancement of the compensation amount against the impugned award dated 18.05.2013, whereby the learned Tribunal has awarded a sum of Rs.12,48,376/- as compensation.2. The sole ground argued by the learned counsel appearing on behalf of the appellants/claimants is that the learned Tribunal has erred in considering a sum of Rs.5278/- per month as minimum wages of non-matriculate prevalent at that time. Whereas, as per the Minimum Wages Act, 1948, the minimum wages of non-matriculate prevalent at that time, i.e., on 01.02.2010, the date of the accident, were Rs.5,850/- per month.3. Learned counsel ...
Wasim Pahari Vs. State
Court: Delhi
Decided on: Sep-05-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 588/2012 Date of Decision:05. h September, 2013 WASIM PAHARI Through: ..... Appellant Ms. Anita Abraham, Advocate versus STATE Through: ..... Respondent Ms. Fizani Husain, APP for the State with SI Mohd. Faizan, PS Welcome. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. This appeal is preferred by the appellant Wasim @ Pahari who has been convicted by learned Additional Sessions Judge in Sessions Case No. 124/2008 arising out of FIR No. 276/2008, PS Welcome for offence under Section 392/394/397 IPC vide impugned order dated 10th March, 2011 and sentenced as under vide order on sentence dated 15th March, 2011: (i) rigorous imprisonment for seven years for offence under Section 394 IPC and fine of Rs.3000/-, in default of payment of fine to undergo simple imprisonment for six months, (ii) seven years rigorous imprisonment for offence under Section 392 IPC and fine of Rs.3000/- in default of payment of fine to und...
Rakesh Kumar Vs. State (Nct of Delhi)
Court: Delhi
Decided on: Sep-05-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI 7 h August5. h September, 2013 % Reserved on: Date of Decision: + CRIMINAL APPEAL NO.98/2009 RAKESH KUMAR Through: ..... Appellant Mr.Pawan Bahl, Amicus Curiae. versus STATE (NCT OF DELHI) Through: ..... Respondent Mr.Sanjay Lao, APP for State. CORAM: HON'BLE MR. JUSTICE P.K. BHASIN HON'BLE MR. JUSTICE VED PRAKASH VAISH VED PRAKASH VAISH, J:1. The appellant challenges the judgment dated 30th November, 2007 and order on sentence dated 14th December 2007 passed by learned Additional Sessions Judge, Karkardooma Court, Delhi in Sessions case No.72/07 arising out of FIR No.554/04 under Section 302 of the Indian Penal Code (IPC for short), P.S. Pandav Nagar.2. The appellant has been convicted for the offence under Section 302 IPC for committing murder by causing death of Chhajjan on 20th October, 2004. The appellant has been sentenced to undergo imprisonment for life with fine of Rs.500/- and in default of payment of fine to undergo simple imprisonme...
Dr. A.P. Singh Vs. Vipul JaIn and ors.
Court: Delhi
Decided on: Sep-05-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h September, 2013. + RFA 438/2008 & CM No.11661/2009 (for amendment of plaint) DR. A.P. SINGH Through: ..... Appellant Mr. Jayant Bhushan, Sr. Adv. with Mr. Anup Kumar Sinha, Advocate. Versus VIPUL JAIN & ORS. ..... Respondents Through: Mr. Rajesh Yadav and Mr. Dhananjay Mehlawat, Advocates for R-1 to 3. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree dated 2 nd July, 2008 of the Additional District Judge (ADJ), Fast Track Court, Delhi in Suit No.266/2006 (Old No.1130/2003) preferred by the appellant/plaintiff and also in the counter-claim filed by the respondents/defendants No.1 to 3.2. Notice of the appeal was issued and vide ex-parte ad-interim order dated 11th November, 2008 the operation of the impugned judgment and decree stayed. The appeal was on 24th July, 2009 admitted for hearing and the Trial Court record requisitioned.3. CM No.11661/2009 has been f...
Anil Kumar JaIn Vs. Uoi
Court: Delhi
Decided on: Sep-05-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on August 29, 2013 Judgment Delivered on September 05, 2013 + W.P.(C) No.936/2005 ANIL KUMAR JAIN ..... Petitioner Represented by: Mr.G.D.Gupta, Sr.Advocate with Mr.K.R.Sachdeva, Advocate versus UOI ..... Respondent Represented by: Mr.V.S.R.Krishna, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The petitioner is aggrieved by the order dated December 07, 2004 passed by the Central Administrative Tribunal whereby the Original Application filed by him was dismissed.2. The claim of the petitioner before the Tribunal was for quashing the order dated December 18, 2002, as also another order of the same date December 18, 2002, whereby he has been repatriated to his parent department i.e. Ministry of Commerce and Industry, Department of Commerce (Supply Division), New Delhi. His prayer also included that a declaration be given by the Tribunal that he should be deemed to h...
J.N. Nigam Vs. Citibank N.A.
Court: Delhi
Decided on: Sep-05-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h September, 2013 % + RFA No.669/2005 J.N. NIGAM Through: ..... Appellant Mr. D.P. Mohanty & Ms. Nandita Bajpai, Advs. Versus CITIBANK N.A. Through: ..... Respondent Mr. Dinesh Agnani, Sr. Adv. with Ms. Leena Tuteja & Ms. S. Chaudhari, Advs. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The appeal impugns the judgment and decree dated 29.04.2005 of the Court of Additional District Judge, Delhi of dismissal of suit No.21/2005/1995 filed by the appellant against the respondent. I may notice that vide the same judgment and decree, the counter claim filed by the respondent / defendant against the appellant / plaintiff for recovery of monies was also dismissed but the senior counsel for the respondent / defendant states that the respondent / defendant has not challenged the dismissal of its counter claim.2. Notice of the appeal was issued and the Trial Court record requisitioned. The counsels have been heard...
Kishan Kumar and ors. Vs. the State (Govt. of Nct of Delhi)
Court: Delhi
Decided on: Sep-05-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :2. d SEPTEMBER, 2013 DECIDED ON :5. h SEPTEMBER, 2013 + CRL.A. 398/2003 KISHAN KUMAR & ORS. ....Appellants Through : Mr.Rambir Singh, Advocate. versus THE STATE (GOVT. OF NCT OF DELHI) .Respondent Through : Mr.Lovkesh Sawhney, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Kishan Kumar (A-1), Pradeep (A-2) and Rajesh (A-3) challenge their conviction under Section 392/34 IPC and order on sentence in Sessions Case No. 34/2001 arising out of FIR No. 228/2001 PS Rohini by which they were directed to undergo RI for three years with fine ` 500/- each. The police machinery was set into motion when Daily Diary (DD) No. 8A (Ex.PW-6/A) recorded at 06.45 A.M. on 28.03.2001 at PS Rohini regarding a quarrel and snatching of money near Vijay Nurshing Home, Avantika. The Investigating Officer lodged First 2/A) in which he disclosed that when he was present in bus No. DL 1PA7717 route no. 971, A-1 to A-3 driver, conductor and helper in th...
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