Delhi Court September 2013 Judgments
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Rs Azad Vs. Mahabir Steel Rolling Mills and anr
Court: Delhi
Decided on: Sep-04-2013
* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. No.139/2012 Decided on :04. h September, 2013 HARPAL SINGH ..... Appellant Through: Mr.G.S.Chaturvedi and Mr.Dipesh Choudhary, Advocates versus MAHABIR STEEL ROLLING MILLS & ANR ..... Respondent Through: Mr.Pravir K.Jain and Mr.Manoj Chauhan, Advocates WITH + RSA1412012 RS AZAD ..... Appellant Through: Mr.G.S.Chaturvedi and Mr.Dipesh Choudhary, Advocates versus MAHABIR STEEL ROLLING MILLS & ANR ..... Respondent Through: Mr.Pravir K.Jain and Mr.Manoj Chauhan, Advocates CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. These are two regular second appeals filed by the appellants against the judgment dated 10.05.2012 by virtue of which the judgment and decree dated 24.09.2009 passed by the trial court for possession and mesne profits in favour of the respondent No.1 and against the present appellants was affirmed.2. The main question which has been raised by the learned counsel for the appellants, which he terms as the substantial que...
Tarif Singh Dabas and anr. Vs. Govt. of Nct of Delhi and ors.
Court: Delhi
Decided on: Sep-03-2013
R-2 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10877/2009 TARIF SINGH DABAS AND ANR. ..... Petitioners Through: Mr. J.P. Sengh, Senior Advocate with Ms. Ankita Gupta, Advocate with petitioner no. 1 in person. versus GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Through: Mr. Rajesh Kr. Verma, Advocate for applicant in CM Appl. No.9927/2010 Date of Decision:03. d September, 2013 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:(Oral) CM Appl. 9927/2010 in W.P.(C) 10877/2009 Present application has been filed for impleadment by Mr. Rakesh Dabas. The applicants earlier application for impleadment before the Financial Commissioner had been dismissed by this Court. The said order was upheld right till the Apex Court. Consequently, keeping in view the judgment of this Court in W.P.(C) 2615/2006 decided on 17th April, 2006 as well as LPA 777/2006 decided on 11th September, 2008 and the Supreme Courts order dated 02nd April, 2009, present impleadment application is dism...
Samar Chakravarty Vs. Director of Education, Govt. of Nct of Delhi and ...
Court: Delhi
Decided on: Sep-03-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 5536/2013 3rd September, 2013 % SAMAR CHAKRAVARTY Through: ..... Petitioner Mr. Lohit Ganguly, Advocate. Versus DIRECTOR OF EDUCATION, GOVT. OF NCT OF DELHI AND ANR. ..... Respondents Through: Mr. Sanjeev Goyal, Advocate for respondent No.1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. Petitioner is an employee of the respondent No.2-school, which is an aided school i.e 95% of the finances are provided by the Government of NCT of Delhi.2. Petitioner seeks re-employment from the age of 60 years to 62 years. That a person can be re-employed from 60 to 62 years subject to fitness and vigilance clearance is clear from the circular of Government of NCT of Delhi dated 29.1.2007. In fact, this aspect has been considered by a learned Single Judge of this Court in the case of Shashi Kohli Vs. DOE (2011)179 DLT 44.and which judgment has been upheld by the Division Bench in LPA...
Rajesh Kumar Vs. State Bank of India Through the Chairman and ors.
Court: Delhi
Decided on: Sep-03-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 2034/2013 3rd September, 2013 RAJESH KUMAR Through: ......Petitioner Mr. Kripa Shankar Pd. & Dr. Brahmeo Dev Prasad, Advocates. VERSUS STATE BANK OF INDIA THROUGH THE CHAIRMAN & ORS. ...... Respondents Through: Mr. Rajiv Kapur and Ms. Vatsala Rai, Advocates. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes. VALMIKI J.MEHTA, J (ORAL) 1. Rejoinder was not taken on record by the registry as it is on A-4 size paper. So that the case is not delayed further, I take the rejoinder on record on being filed in Court today. Let the matter be heard.2. By this writ petition, petitioner challenges the order of termination of his probationary services by the respondent no.1. Petitioners services were terminated in terms of the letter dated 31.5.2012.3. The case of the petitioner is that petitioner joined the services in terms of those probationary terms which entitled a third test being given i.e even if the...
Smt. Satya Chhikara Vs. the Managing Committee Army Public School and ...
Court: Delhi
Decided on: Sep-03-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 11484/2009 3rd September, 2013 SMT. SATYA CHHIKARA Through: ......Petitioner Mr. S.C.Singhal, Adv. VERSUS THE MANAGING COMMITTEE ARMY PUBLIC SCHOOL & ANR. ...... Respondents Through: Ms. Asha Jain Madan, Adv. for R-1. Mr. Anuj Tyagi, Adv. for Mr. Sachin Chopra, Adv. for R-2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. I would have ordinarily transferred this writ petition to the Delhi School Tribunal for decision inasmuch as the orders terminating services passed by the school have to be decided by the Delhi School Tribunal, however, considering that this writ petition is four years old; was admitted to hearing way back on 30.11.2010; early hearing was declined on 9.4.2013; and the fact that I have already held the main issue in this writ petition against the present respondent no.1-school as per judgment dated 30.8.2013 in W.P.(C) 1439/2013, I am therefore exerci...
Sunita Nayyar Vs. Jhabban Lal D a V Senior Secondary Public School and
Court: Delhi
Decided on: Sep-03-2013
$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3418/2010 % 03.09.2013 SUNITA NAYYAR ..... Petitioner Through Mr. Ashok Agarwal, Advocate versus JHABBAN LAL D A V SENIOR SECONDARY PUBLIC SCHOOL & ORS. ..... Respondents Through Mr. Sanjay Kumar, Advocate for respondent Nos. 1 & 2. Ms. Purnima Maheshwari, Advocate for the respondent No.1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. Petitioner by this writ petition prays for being appointed to the post of Trained Graduate Teacher (TGT) since July 1990 and for granting her consequential benefits thereof, pay and allowances etc. admissible to the post of TGT.2. Basic claim of the petitioner is that petitioner though was appointed only as a Nursery/Primary Teacher, she was asked to take TGT classes continuously for 17 years and, therefore, the petitioner is entitled to get the pay-scale of TGT and for being appointed as TGT.3. In my opinion, the contention, as raised ...
Agarwal Developers Pvt Ltd Vs. M/S Icon Buildcon Pvt Ltd
Court: Delhi
Decided on: Sep-03-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 79/2013 AGARWAL DEVELOPERS PVT LTD ..... Appellant Through: Mr. A. Maitri with Mr. Deepak Khosla, Advocates. versus M/S ICON BUILDCON PVT LTD Through: % ..... Respondent Mr. Ankit Jain, Advocate. Date of Decision : September 03, 2013 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE PRATIBHA RANI JUDGMENT (ORAL) : REVA KHETRAPAL, J.1. The Appellant has filed the aforementioned appeal against the judgment and decree dated 30.1.2013 passed by the learned Single Judge in CS(OS) No.2656/2008 whereby the suit of the Respondent under Order XXXVII of the Code of Civil Procedure for recovery of ` 4,05,67,347/- was decreed in favour of the Respondent and against the Appellant along with pendente lite and future interest @ 18% per annum from the date of its full realization.2. The factual background in which the learned Single Judge passed the impugned order briefly delineated is that the Respondent/Plaintiff entered into three agre...
Shyamji Srivastava and ors. Vs. the Management of M/S. Public Works De ...
Court: Delhi
Decided on: Sep-03-2013
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:03. 09.2013 + LPA 351/2013, C.M. APPL.8201/2013 SHYAMJI SRIVASTAVA AND ORS. ..... Appellants Through: Sh. Dinesh Kumar, Advocate. versus THE MANAGEMENT OF M/S. PUBLIC WORKS DEPARTMENT AND ORS. ..... Respondents Through : Ms. Anjana Gosain, Advocate, for Resp. Nos. 1, 2 and 5. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. By the present appeal, the learned Single Judges order dated 02.04.2013 has been impugned. The petitioners had worked as employees of certain contractors M/s. Jai Jawan Security Agency and M/s. Indian Industrial Security Services (P) Ltd. They had complained of non-payment/short payment of wages for a certain period, which was referred to adjudication by the appropriate Government to the Industrial Tribunal on 22.05.2013. The Public Works Department (PWD) of the Govt. of NCT of Delhi, Division-VI was also impleaded as Management N...
Sanjay @ Rohtash Vs. the State (Govt. of Nct) Delhi
Court: Delhi
Decided on: Sep-03-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :8. h JULY, 2013 DECIDED ON :3. d SEPTEMBER, 2013 + CRL.A. 90/2013 SANJAY @ ROHTASH ....Appellant Through : Mr.S.K.Sethi, Advocate. VERSUS THE STATE (GOVT. OF NCT) DELHI .Respondent Through : Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Sanjay @ Rohtash (the appellant) challenges a judgment dated 15.09.2010 in Sessions Case No. 47/2007 arising out of FIR No. 361/2007 PS Subzi Mandi by which he was held guilty for committing offences punishable under Section 120B IPC, 395 read with Section 397 IPC and under Section 25/27 Arms Act. By an order dated 23.09.2010, he was sentenced to undergo RI for seven years with fine ` 5,000/- under Section 120B IPC, seven years with fine ` 5,000/- under Section 395 read with Section 397 IPC and two years with fine ` 1,000/- under Section 25/27 Arms Act.2. Allegations against the appellant were that on 20.07.2007, at Sonus jhuggi at Basti Seelampur, he, Hari Om, Sonu, Kalu @ ...
Narayan Singh Vs. Bses Rajdhani Power Ltd.
Court: Delhi
Decided on: Sep-03-2013
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :3. d September, 2013 + CRL.A. 311/2012 NARAYAN SINGH ..... Appellant Through : Mr.Gautam Panjwani with Mr.Rahul Malik, Advocates. versus BSES RAJDHANI POWER LTD. ..... Respondent Through : Mr.Deepak Pathak, Advocate. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) 1. Narayan Singh (the present appellant) was convicted under Section 135 Electricity Act, 2003 in Complaint Case No.304/11/06 by a judgment dated 18.01.2012 of learned Additional Sessions Judge, Special Electricity Court, Dwarka. By an order dated 23.01.2012, he was sentenced to pay fine of `3,00,025/- and in default of payment of fine to undergo SI for five months. Civil liability was assessed as `2,00,017/-. Narayan Singh challenged the conviction and sentence before this Court in appeal. The appeal was admitted for hearing. The sentence was suspended subject to his depositing the fine amount within a period of one month.2. During the course of proceedings the matter ...
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