Delhi Court February 2014 Judgments
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M/S-good Wrench Services Vs. Assistant Provident Fund Commissioner E.P ...
Court: Delhi
Decided on: Feb-24-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on February 24, 2014 + W.P.(C) 1237/2014 ..... Petitioner M/S-GOOD WRENCH SERVICES Through: Mr.M.K.Verma, Advocate versus ASSISTANT PROVIDENT FUND COMMISSIONER E.P.F. ORGANIZATION ..... Respondent Through: None CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.(Oral) CM No.2578/2014 Exemption allowed, subject to all just exceptions. Application stands disposed of. W.P. (C) 1237/2014 1. The challenge in this writ petition is to the order dated January 08, 2014 whereby the Employees Provident Fund Appellate Tribunal dismissed the appeal filed by the petitioner on the ground of limitation as the same was filed with a delay of 576 days.2. The appeal was filed by the petitioner challenging the orders dated September 12, 2008 under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (Act, in short) and February 28, 2012 under Section 7B of the Act.3. The appeal was filed by the petitioner on December 10...
Brahmos Aerospace Pvt. Ltd. Vs. Fiit Jee Limited and anr.
Court: Delhi
Decided on: Feb-24-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment pronounced on: February 24, 2014 I.A. No.21136/2013 in CS(OS) No.2655/2013 BRAHMOS AEROSPACE PVT LTD ..... Plaintiff Through Mr.Mohit Chaudhary, Adv. with Mr.A.Das, Ms.Rashi Bansal & Ms.Anju Agrawal, Advs. versus FIIT JEE LIMITED & ANR Through ..... Defendants Ms.Pratibha M.Singh, Sr. Adv. with Mr.Arjun Mukherjee & Mr.Abhinav Verma, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By this order, I propose to decide the pending application being I.A. No.21136/2013 (under Order XXXIX Rules 1 & 2 CPC) filed by the plaintiff seeking interim injunction.2. The plaintiff, Brahmos Aerospace Pvt. Ltd. has filed the suit for permanent injunction restraining infringement of the trademark, passing off, unfair competition, rendition of accounts, damages, etc. against the two defendants, namely, FIIT JEE Limited, New Delhi and USA Univ. Quest, New Delhi. It is alleged in the plaint that the Government of India is the majority...
Mohd. Saleem and ors. Vs. the State (Govt. of Nct Delhi)
Court: Delhi
Decided on: Feb-24-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :21. t FEBRUARY, 2014 DECIDED ON :24. h FEBRUARY, 2014 + CRL.A. 518/2012 & CRL.M.B. 317/2014 MOHD. SALEEM & ORS. Through : ..... Appellants Mr.Sunil Ahuja, Advocate. VERSUS THE STATE (GOVT. OF NCT DELHI) Through : ..... Respondent Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Mohd. Saleem (A-1), Mohd. Shehzad (A-2) and Mohd. Sadav (A-3) were convicted under Sections 452/307/34 IPC by a judgment dated 17.04.2012 of learned Addl. Sessions Judge in Sessions Case No.86/11 arising out of FIR No.337/11 PS Sarai Rohilla. They were awarded RI for five years with fine ` 10,000/-, each by an order on sentence dated 21.04.2012. The prosecution case as projected in the charge-sheet was that on 23.09.2011 at about 08.15 P.M. in jhuggi No.N95/22, behind Tentwali Masjid, Shehzada Bagh, Inder Lok, Delhi, the appellants in furtherance of common intention inflicted injuries to Saanu in an attempt to murder him after committin...
Faisal Vs. State
Court: Delhi
Decided on: Feb-24-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :14. h FEBRUARY, 2014 DECIDED ON :24. h FEBRUARY, 2014 + CRL.A. 1225/2012 FAISAL ..... Appellant Through : Mr.Sunil Kapoor, Advocate. VERSUS STATE ..... Respondent Through : Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Faisal (the appellant), Mohd. Abid @ Kadir and Atif were arrested by the police of PS Seelampur in case FIR No.474/2008 and sent for trial alleging that on 23.11.2008 at about 09.30 P.M. at shop No.C47/6, gali No.11, Matkewali Gali, Chauhan Bangar, Delhi, they in furtherance of common intention inflicted injuries to Rahisuddin by firing at him in an attempt to murder him. Atif faced trial before Juvenile Justice Board. Mohd.Abid @ Kadir expired during trial and proceedings against him were dropped as abated. The Investigating Officer lodged First Information Report after recording Waheeds statement (Ex.PW-6/A). MLC of the victim was collected and the injuries were opined as grievous. After co...
Om Prakash Sharma Vs. Union of India and ors.
Court: Delhi
Decided on: Feb-24-2014
$~R-71 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: February 24, 2014 W.P. (C) No.4397/2002 and C.M. No.11327/2006 OM PARKASH SHARMA Through: ..... Petitioner Ms.Rekha Palli, Ms.Punam Singh and Ms.Amrita Prakash, Advocates. versus UNION OF INDIA & ORS. Through: ..... Respondents Ms.Anjana Gosain, CGSC with Mr.Pradeep Derodya, Advocate. HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.(Oral) 1. The petitioner was tried at a General Security Force Court for having admitted to murder Ct.Bijender Singh by firing from Carbine Butt No.11 and Body No.Y-0933, an official fire arm issued to the petitioner.2. Ten witnesses were examined at the trial.3. Ct.Bijender Singh PW-1, deposed that he had joined BSF in the year 1988 and as of the year 1994 was with one 171st Battalion. Posted with the A Coy of the Battalion he performed general duties. On May 08, 1999, which happened to be a Saturday, he was deployed at BOP Jayantipur. Ct.Madho ...
Bhim SaIn Vs. the Govt. of Nct of Delhi Through Its Secretary (L
Court: Delhi
Decided on: Feb-24-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on February 19, 2014 Judgment Delivered on February 24, 2014 + W.P.(C) 4508/2012 & CM Nos. 9342-43/2012 BHIM SAIN Represented by: ..... Petitioner Petitioner in person versus THE GOVT. OF NCT OF DELHI THROUGH ITS SECRETARY (LABOUR) AND ORS. ..... Respondents Represented by: Mr.Rajiv, Advocate with Mr.M.K.Vikkey, Advocate for the respondent Nos. 1 and 2 Mr. S.K.Chaturvedi, Advocate for respondent No.3 Mr.Sumeet Pushkarna, Advocate for R-4 CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge by the petitioner Bhim Sain is to the Award dated December 10, 2010 passed by the Industrial Tribunal, Karkardooma Courts, Delhi in I.D No.112/07 whereby the Industrial Tribunal on a finding that the petitioner is not a workman within the definition of Section 2(s) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) had not granted any relief to the petitioner.2. The petitioner initially was appo...
Oriental Insurance Co. Ltd. Vs. Chhote Lal and ors.
Court: Delhi
Decided on: Feb-24-2014
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:24. h February, 2014 % + MAC.APP. No.536/2010 ORIENTAL INSURANCE CO. LTD. Represented by: ..... Appellants Mr.Pradeep Gaur, Advocate Versus CHHOTE LAL & ORS. Represented by: ..... Respondents Ms.Padmini Gupta, Advocate for Respondent No.1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. The present appeal is directed against the impugned award dated 19.03.2010 whereby, the learned Tribunal has granted compensation for a sum of Rs.1,74,000/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization of the amount.2. Brief facts of the case are that on 29.01.2007, at about 7.00 p.m., the respondent No.1/claimant was returning to his house on foot from Gopal Pur and when he reached near Gali No.1, Gopal Pur, suddenly the offending red colour maruti car bearing No.DL-6CD-0002 being driven by respondent No.2/Satender Singh in a rash and negligent manner, hit the respon...
Employee State Insurance Corporation Through Its R Vs. Bawa Inn
Court: Delhi
Decided on: Feb-24-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.309/2013 24th February, 2014 % EMPLOYEE STATE INSURANCE CORPORATION THROUGH ITS REGIONAL DIRECTOR ..... Appellant Through: Mr.K.P. Mavi, Advocate. Versus BAWA INN Through: ..... Respondent Ms. Babita Seth, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. yes VALMIKI J.MEHTA, J (ORAL) 1. The challenge by means of this appeal under Section 82 of the Employees State Insurance Act, 1948 is to the judgment of the ESI Court dated 23.5.2013 which has quashed the demand for interest and penalty against the respondent.2. The demand for interest and penalty has been quashed on two grounds. The first is the silence of the appellant for the period from 1993 to 1997 and the second is on the ground of ambiguity as to whether use of power includes use of LPG for preparing tea, coffee etc. The claim of interest and damages in this case is for the period from 30.4.1993 to 13.8.1997.3. Learned counsel for the a...
Union of India Vs. Smt. Sushila and anr.
Court: Delhi
Decided on: Feb-24-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI + L.A. Appeal Nos.213/2013 & 215/2013 24th February, 2014 % 1. L.A. Appeal No.213/2013 and C.M. No.15304/2013 (condonation of delay) UNION OF INDIA Through: ..... Appellant Ms. Jyoti Tyagi, Advocate. Versus SMT. SUSHILA & ANR. Through:2. ..... Respondents Mr. R.S. Dalal, Advocate for respondent No.1. Mr. Kunal Sharma, Advocate for respondent No.2. L.A. Appeal No.215/2013 UNION OF INDIA Through: ..... Appellant Ms. Jyoti Tyagi, Advocate. Versus SATPAL & ANR. Through: ..... Respondents Mr. Pradeep Kumar, Advocate for respondent No.1. Mr. Kunal Sharma, Advocate for respondent No.2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Counsel for the parties could not dispute that issue of enhancement of compensation in this case is covered by the judgment of a learned Single Judge of this Court dated 23.8.2011 passed in a bunch of cases with lead case being Jai Singh Vs. Union of India and ...
Smt. Rajni Devi and ors. Vs. Sh. Dinesh Kumar Somani and ors.
Court: Delhi
Decided on: Feb-24-2014
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:24. h February, 2014 % + MAC.APP. No.139/2012 SMT. RAJNI DEVI & ORS. Represented by: ..... Appellants Mr.Vikash Sharma, Advocate. Versus SH. DINESH KUMAR SOMANI & ORS. ..... Respondents Represented by: Ms.Archana Gaur, Advocate for Respondent No.2/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred against the impugned award dated 14.07.2011, whereby the learned Tribunal has granted compensation for a sum of Rs.20,68,259/- with interest at the rate of 7.5% per annum from the date of filing of the petition till the notice under Order XXI Rule 1 CPC was given by the Insurance Company.2. Vide the present appeal, the appellants/claimants are seeking enhancement of the compensation amount as noted above.3. Learned counsel appearing on behalf of the appellants/claimants argued that PW2, Sh.Bhogender Jha, official of the department where deceased was working, has...
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