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Delhi Court September 2013 Judgments

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Sep 04 2013

Ms. Nidhi Kaushik Vs. Union of India and ors.

Court: Delhi

Decided on: Sep-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.7457/2012 4th September, 2013 % MS. NIDHI KAUSHIK Through: ..... Petitioner Mr. Sachin Chauhan, Advocate. Versus UNION OF INDIA AND ORS. Through: ..... Respondents Ms. Archana Gaur, Advocate for respondent No.1. Mr. J.C. Seth, Advocate for respondent Nos.2 to 4. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, the petitioner seeks relief of setting aside of the order dated 9.10.2012 passed by the respondent No.2/BHEL. By the impugned order, the offer of appointment given to the petitioner for the post of Supervisor Trainee (HR) was recalled on the ground that the petitioner had concealed material facts at the time of seeking employment. This letter Ref. not PA:HRM:101-05 Dated:09. 10.2012 Ms. Nidhi Kaushik C-2/38A Yamuna Vihar, Delhi, Pin-110053 Sub: Provisional Offer of Appointment-Cancellation This has reference to Provisional Offer of Appoint...


Sep 04 2013

Zameer Ahmad and ors. Vs. State

Court: Delhi

Decided on: Sep-04-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No. 150/2003 & Crl.M.A. 8195/2013 Reserved on:20. h May, 2013 Decided on:04. h September, 2013 % ZAMEER AHMAD & ORS. Through: ..... Appellants Mr. R.N. Mittal, Sr. Adv. with Mr. Ankit Goel, Mr. Manoj Kumar, Advs. with Appellants 1- 4 in person. versus STATE Through: ..... Respondent Mr. Manoj Ohri, APP for State. Mr. Meharban Ali, Mr. Ishrak Ali, Mr. Shayak Ali & Mr. Ahmad Hussain, complainant/ injured persons in person. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By Crl. M.A.No. 8195/2013 the Appellants seek compounding of the offences punishable under Section 147/148/307 IPC read with 149 IPC and in case of Appellant Babu Khan Section 27 Arms Act as well.2. In the appeal the Appellants challenge the judgment dated 28 th January, 2003 convicting them for offences punishable under Sections 147/148/307 IPC read with 149 IPC and in case of Appellant Babu Khan under Section 27 Arms Act as well and the order on sentence dated 27 th February, ...


Sep 04 2013

Babu Khan Vs. State

Court: Delhi

Decided on: Sep-04-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No. 151/2003 Reserved on:20. h May, 2013 Decided on:4. h September, 2013 % BABU KHAN Through: ..... Appellant Mr. R.N. Mittal, Sr. Adv. with Mr. Ankit Goel, Mr. Manoj Kumar, Advs. with Appellant in person. versus STATE Through: ..... Respondent Mr. Manoj Ohri, APP for State. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By this appeal the Appellant challenges the judgment dated 28th January, 2003 convicting him for offence punishable under Section 25 Arms Act and the order on sentence dated 27th February, 2003 directing him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 200/- and in default of payment of fine to further undergo simple imprisonment for 15 days.2. Learned counsel for the Appellant contends that allegedly the disclosure was made in the other case on 7th November, 1991, however the recovery was made on 9th November, 1991. As per the disclosure the weapon of offence had been given to another ...


Sep 04 2013

Rajni Manchanda Vs. P.O. Labour Court ???i and anr.

Court: Delhi

Decided on: Sep-04-2013

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6187/1999 Decided on 4th September, 2013 RAJNI MANCHANDA Through ..... Petitioner : Mr. M.R. Chawla, Adv. versus P.O. LABOUR COURT I AND ANR. ..... Respondents Through : Mr. H.L. Raina, Adv. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.(ORAL) 1. Facts as unfolded are that the petitioner was working with respondent no. 2 as Senior Tour Executive since 1st December, 1963. She was drawing wages of `1550/- (Rupees One Thousand Five Hundred Fifty Only) at the time of her termination. Respondent no. 2 alleged that she objected to certain irregularities in the office at which she was asked to resign and when she refused, she was transferred to Bangalore by way of punishment. On refusal to accept the transfer she was dismissed from the service on 6th May, 1985 after holding a sham and fictitious enquiry report submitted by the Enquiry Officer. Petitioner alleged that the principles of natural justice were violated during the enq...


Sep 04 2013

Ram Khilawan Vs. Delhi Vidyut Board

Court: Delhi

Decided on: Sep-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided On : September 4, 2013 + LPA 647/2013 RAM KHILAWAN Through : ..... Appellant Mr. K.K.Sharma, Sr. Adv. with Mr.Rajiv Bakshi and Mr. Bhanita Patowary, Advs. versus DELHI VIDYUT BOARD Through : % ..... Respondent None. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE NAJMI WAZIRI (OPEN COURT) CM 13664/2013(exemption) Allowed, subject to all just exceptions. The application stands disposed off. LPA 647/2013 & CM 13665/2013(condonation of delay) 1. The appellant is aggrieved by an order of the learned Single Judge dated 8th May, 2013 dismissing the writ petition No.87/1998.2. The appellants grievance started when he was issued with a Memorandum proposing to enquire into his conduct on 8th March, 1997, detailing the articles of charges. The charges pertained to his LPA 647/13 Page 1 alleged involvement in acts of instigating the innocent employees to get the House Building Advances from their GPF Accoun...


Sep 04 2013

MoinuddIn Vs. State

Court: Delhi

Decided on: Sep-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:22. 08.2013 Judgment delivered on:04. 09.2013 CRL.A. 1122/2010 MOINUDDIN Through: ..... Appellant Mr.Vivek Sood, Ms.Janhavi Mahana and Mr. V.P.Singh, Advocates. versus STATE Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State with Inspector Binay Singh from Police Station Hazarat Nizzamuddin. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 On 11.09.2006 dead body of Ashraf Ali @ Munna was found in Kusro Park, Hazarat Nizamudin, New Delhi within the jurisdiction of Police Station Hazarat Nizamudin. This body had been located by beat constable Pramod (PW-9); time was 10:15 AM. Information was sent to the local police station which was documented vide DD No. 6-A (Ex.PW-22/A). 2 ASI Jeet Singh (PW-19) accompanied with constable Dharampal reached the spot; blood was found lying on the spot; a male human dead body about 15-20 steps away from ...


Sep 04 2013

Prof. Sharda Sharma Vs. University of Delhi and ors

Court: Delhi

Decided on: Sep-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 5568/2013 & CM No.12362/2013 (Stay) % 4th September, 2013 PROF. SHARDA SHARMA Through: ......Petitioner Mr. Saumyajit Pani, Adv. VERSUS UNIVERSITY OF DELHI & ORS Through: ...... Respondents Mr. M.J.S.Rupal, Adv. for R-1. Ms. Mamta Tiwari, Adv. for Mr. Amitesh Kumar, Adv. for R-2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes. VALMIKI J.MEHTA, J (ORAL) 1. Petitioner is working as a Professor in the Department of Sanskrit of the respondent no.1-University of Delhi. By this writ petition, petitioner seeks the relief that she should be appointed as Head of the Department of Sanskrit in the respondent no.1-University. Petitioner claims this entitlement on the ground that petitioner will now be the senior most person in the Department of Sanskrit.2. Admittedly, the relevant provisions with respect to appointing of Head of the Department of Sanskrit are Statute 9 (2) (d) and Ordinance XXIII which re...


Sep 04 2013

Union of India and anr. Vs. Js Sharma and ors.

Court: Delhi

Decided on: Sep-04-2013

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided On : September 4, 2013 + W.P.(C) 5555/2013 UNION OF INDIA & ANR. ..... Petitioners Through : Mr. Ruchir Mishra and Mr. Sanjiv Kumar Saxena, Advs. versus JS SHARMA AND ORS. Through : % ..... Respondents None. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE NAJMI WAZIRI (OPEN COURT) CM 12345/2013(exemption) Allowed, subject to all just exceptions. The application stands disposed off. W.P.(C) 5555/2013 & CM 12344/2013(stay) 1. This writ petition is directed against the order dated 5th February, 2013 of the Central Administrative Tribunal, Principal Bench, New Delhi, (Tribunal). The endeavour of the petitioner to recover from the respondents herein such monies as were paid to them wpc 5555.13 Page 1 as transport allowance was directed to be not recovered. The issue before the Tribunal was: Whether Group A officers who had been granted Grade Pay of Rs.10,000/- under NonFunctional Upgradation Schem...


Sep 04 2013

Rajni Manchanda Vs. P.O. Labour Court I and anr.

Court: Delhi

Decided on: Sep-04-2013

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6187/1999 Decided on 4th September, 2013 RAJNI MANCHANDA Through ..... Petitioner : Mr. M.R. Chawla, Adv. versus P.O. LABOUR COURT I AND ANR. ..... Respondents Through : Mr. H.L. Raina, Adv. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.(ORAL) 1. Facts as unfolded are that the petitioner was working with respondent No.2 as Senior Tour Executive since 1st December, 1963. She was drawing wages of `1550/- (Rupees One Thousand Five Hundred Fifty Only) at the time of her termination. Respondent No.2 alleged that she objected to certain irregularities in the office at which she was asked to resign and when she refused, she was transferred to Bangalore by way of punishment. On refusal to accept the transfer she was dismissed from the service on 6th May, 1985 after holding a sham and fictitious enquiry report submitted by the Enquiry Officer. Petitioner alleged that the principles of natural justice were violated during the enqui...


Sep 04 2013

Smt Indumati and ors. Vs. National Insurance and ors.

Court: Delhi

Decided on: Sep-04-2013

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:4th September, 2013 % + MAC.APP. 389/2012 SMT INDUMATI & ORS. Through: ..... Appellants Mr. B.K. Mishra, Advocate. Versus NATIONAL INSURANCE & ORS. ..... Respondents Through: Ms.S.D. Raman and Mr.Sanjeet Ranjan, Advocates for Respondent No.1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred for enhancement of award dated 24.07.2010, whereby the learned Tribunal has awarded a total compensation of Rs.15,96,380/- with interest at the rate of 7.5% per annum.2. Learned counsel appearing on behalf of the appellants has argued that the learned Tribunal has considered the salary of the deceased as Rs.10,788/per month, which has been proved by the salary certificate Ex.PW2/1, however failed to grant any compensation towards future prospects as the age of the deceased was 36 years at the time of the accident, i.e. 09.01.2002.3. To support his arguments, learned counsel has relied ...


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