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Delhi Court March 2014 Judgments

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Mar 26 2014

Kanika Sahu, New Delhi and Others Vs. Staff Selection Commission, New ...

Court: Central Administrative Tribunal Principal Bench New Delhi

Decided on: Mar-26-2014

Ashok Kumar, Member (A). 1. OA No.3884/2012 has been filed along with OA Nos.4086/2012, 3998/2012 and 3999/2012. The issue and reliefs sought in these OAs being identical, the matter was heard together as per the joint request of counsel. 2. The facts being somewhat similar, OA No.3884/2012 is being taken as the leading case. 3. According to the facts in these OAs, the Staff Selection Commission (SSC) issued notification towards conduct of Combined Graduate Level Examination 2012 for filling up specified posts and fixed the closing date for applications as 20.04.2012. It was further specified that those who had appeared in the final year graduation examination or those who intend to appear in the said examination can also apply, but must obtain the graduation qualification on or before 01.08.2012. The applicants applied in response to the said notification. 4. Applicants appeared in the final year graduation examination in respect to the B.Sc. (Programme) Physical Science Course condu...


Mar 26 2014

Ajay Shivajirao Bhonsle, Sindudurg, Maharashtra Vs. the Ministry of En ...

Court: National Green Tribunal Principal Bench New Delhi

Decided on: Mar-26-2014

P.B. 1. By filing this Application, the Applicant has sought following reliefs: i. " Direct the Respondent No.1 to withdraw the order of revival vide letter dated 27.5.2013 2 (J) Appln. No.36 of 2013 reviving the Environment Clearance dated 31.12.2008 (No.J-11015/1026/2007-IA, II(M) in terms of Clause 6 of the said environment clearance; ii. Direct the Respondent No.1 to withdraw Environment Clearance dated 31.12.2008 (No.J- 1105/1026/2007-IA, II (M), for the project Tiroda iron Ore Mine (Ml area 34.4812 ha and production capacity 0.40 MTPA) at village TIroda, in Sawantwadi Taluka, in SIndhudurg Dist. In Maharashtra in favour of M/s Gogte Minerals in terms of Clause 6 of the said environment Clearance. " 2. The Application is filed under Section 14(1) of the National Green Tribunal Act, 2010. The Applicant has come out with a case that he has been prompted to file the Application, in order to raise substantial question relating to environment on account of non-compliance of conditions ...


Mar 26 2014

Om Prakash Singh @ Om Prakash Thakur, Delhi Vs. Chairman Cum Managing ...

Court: Central Administrative Tribunal Principal Bench New Delhi

Decided on: Mar-26-2014

Ashok Kumar, Member (A).The case of the applicant is that he has been illegally and prematurely retired from service after attaining the age of 55 years on 31.10.2010 while he has been declared medically unfit for the post of Driver. However, he was assigned the duties commensurate with his physical conditions, and he was thereafter again directed for medical check up by the Medical Officer on 13.12.1996, who declared him unfit for the post of Driver. Based on the said report, the respondents prematurely retired the applicant by passing an order dated 06.06.1997 on the ground of his being declared medically unfit to continue his duties as a Driver. In terms of the judgment in the Writ Petition No.4678/2002, which was disposed of by a Single Judge of the Honble High Court of Delhi on 20.10.2005 and subsequently after the disposal of the Writ Petition No.1338/2006, the Applicant joined his duties on 21.05.2007 after being directed by the respondents to resume his duties. He was asked to ...


Mar 26 2014

Devendra Kumar, New Delhi Vs. the Chief Secretary, New Delhi

Court: Central Administrative Tribunal Principal Bench New Delhi

Decided on: Mar-26-2014

Raj Vir Sharma, Member (J). 1. I have perused the records and heard the learned counsel appearing for the parties. 2. In this Original Application, the applicant has prayed for the following relief: I. To appoint the Applicant as Group C employee, being educated and also given assurance on Compassionate Grounds. Any other relief considered appropriate by the Honble Tribunal. 3. The Original Application and the documents filed by the applicant reveal the following facts: 3.1. Shri Lal Singh, the father of the applicant, was working as Laboratory Assistant in the Government Boys Senior Secondary School No.1, Lodhi Road. He had been absenting himself with effect from 01.05.1993 without permission/intimation. He was directed to report for duty vide Memorandum dated 21.2.1994 and the same was received back with the remarks of his wife that he was missing. Thereafter, he was further directed through the notices published in two daily newspapers, namely, Punjab Kesari and Indian Express dated...


Mar 26 2014

Mithlesh Bai Patel Vs. State of Madhya Pradesh Through Its Secretary, ...

Court: National Green Tribunal Principal Bench New Delhi

Decided on: Mar-26-2014

1. This Application has been filed by one, Smt. Mithlesh Bai Patel who claims that she is an elected Sarpanch of Village Pratappur, Tehsil Siroha, District Jabalpur and she is filing this Application in larger public interest on behalf of the villagers of Pratappur. She says that she is challenging the order dated 15th May, 2013 in Reference No. F3-7/07/12/2 (Annexure P/8) issued by the Under Secretary, Department of Mines, Government of Madhya Pradesh whereby a Prospecting License (in short referred to as 'PL') for prospecting laterite mineral has been granted in favour of Respondent No. 6 over an area of 5.42 hectares out of the total extent of 9.85 hectares land in Khasra No. 413 of village Pratappur, Tehsil Siroha, District Jabalpur. It is stated that this is a government land under the control of the Revenue Department and there is a dense tree growth with approximately 397 Mahua trees standing in the area allotted for PL and the villagers are having Nistar rights over the land. I...


Mar 26 2014

Rajesh Babu, Delhi Vs. Ministry of Information and Broadcasting Throug ...

Court: Central Administrative Tribunal Principal Bench New Delhi

Decided on: Mar-26-2014

P.K. Basu, Member (A). 1. The applicant was recruited by the Union Public Service Commission (UPSC) in the year 1988 for Indian Broadcasting Engineering Services. He joined the services of the respondents as Junior Time Scale on 7.12.1990 and was promoted as Senior Time Scale on 30.08.1997. The applicant was transferred from Alwar to Agra with effect from 7.01.2002 as Station Engineer and remained there till 5.09.2005. On 24.02.2004, he was granted Non-functional Junior Administrative Grade. Vide letter dated 7.07.2004, the applicant made a complaint to respondent no.3 with regard to hindrances in smooth functioning of the Station by Shri I.S. Yadav, PEX and requested to intervene in the matter in the interest of the Station. An FIR No.275/2004 was registered on 29.12.2004 against the applicant on the complaint of Smt. Shyamwati w/o Shri Vijay Singh, Security Guard, AIR, Alwar in P.S. Arravali Bihar, Alwar. That vide letter dated 31.12.2004, the applicant made a complaint with regard t...


Mar 26 2014

Goodluck Capital (P) Ltd. Vs. Bihari Forging Pvt. Ltd.

Court: Delhi

Decided on: Mar-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h March, 2014. + CS(OS) 635/2011 GOODLUCK CAPITAL (P) LTD. .... Plaintiff Through: Mr. A.K. Thakur and Mr. R.K. Mishra, Advocates. Versus BIHARI FORGING PVT. LTD. Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 ..... Defendant The plaintiff has instituted the present suit for recovery of Rs. 1,66,83,554.68, pleading: (I) that the plaintiff and the defendant entered into an arrangement sometime in April 2007, for supply by the plaintiff to the defendant of Steel and Heavy Melting Scrap; (II) that the defendant used to make payments on an ad-hoc basis for the supplies made by the plaintiff, as per invoices raised from time to time, and which were adjusted towards the outstanding dues in the usual course of business; (III) that though initially the payments were promptly made by the defendant upon presentation of the invoice but subsequently, especially from April 2009, the defendant started defaulting in making ...


Mar 26 2014

Shankho Mitra and Others Vs. the State

Court: Delhi

Decided on: Mar-26-2014

$~29. * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 32/2011 % Judgment dated 26.03.2014 SHANKHO MITRA AND OTHERS ..... Petitioners Through : Mr.Nitinjya Chaudhry, Adv. along with petitioners versus THE STATE ..... Respondent Through CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Present petition has been filed by the petitioners under Section 278 read with Section 218 of the Indian Succession Act, 1925, for grant of Letters of administration in their favour in respect to the estate of Km.Chhaya Mitra.2. Petitioners no.2 and 3 are present in Court. They are duly identified by their counsel. They submit that they have no objection if the letters of administration are granted in favour of petitioner no.1.3. As per the petition, Km.Chhaya Mitra was last seen at her residence on 5.2.1999, when she was approximately 61 years of age. Mr.Shyamal Kumar Mitra was the only real brother of Km.Chhaya Mitra. Mr.Shyamal Kumar Mitra was the father of petitioners no.1 and 2 and...


Mar 26 2014

M/S Inter Ikea Systems Bv Vs. M/S Ikea Furniture Pvt. Ltd.

Court: Delhi

Decided on: Mar-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :26. h March, 2014 % + CS(OS) 523/2008 M/S INTER IKEA SYSTEMS BV ..... Plaintiff Through: Mr. S.K. Bansal, Mr. Ajay Amitabh Suman and Mr. Pankaj Kumar, Advs. versus M/S IKEA FURNITURE PVT. LTD. Through: None ..... Defendant CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.(Oral) 1. Plaintiff has filed the present suit for permanent injunction restraining infringement of trade mark, passing off, delivery up, damages etc.2. Summons in the suit and notice in the application under Order XXXIX Rules 1 and 2 were issued on 24.03.2008. Fresh summons were issued to the defendant on 30.04.2008, 12.11.2008 as also on 25.02.2009. As per the order dated 30.04.2009, summons sent through ordinary process were received back unserved with a report that the defendant was unavailable on the given address. Vide order dated 31.08.2010 the defendant was directed to be served by way of publication in the daily newspaper The Hindu (Chennai editi...


Mar 25 2014

Shri T.V.Dattamurthy Vs. the State of Delhi

Court: Delhi

Decided on: Mar-25-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:6. h January, 2014 % + Date of Decision:25. h March, 2014 CRL. M.C. No.1617/2012 SHRI T.V. DATTAMURTHY ..... Petitioner Through Mr.R.S. Juneja, Adv. Versus THE STATE OF DELHI ..... Respondent Through Mr. Yogesh Verma, APP for the State SI Ramtirth, P.S. Kotwali Mr. Pramod Kumar Sharma, Adv. for Complainant + CRL. M.C. No.3403/2012 MR. MANOJ KUMAR & ANR. ..... Petitioners Through Mr. Sugriv Dubey, Adv. Versus THE STATE OF DELHI ..... Respondent Through Mr. Yogesh Verma, APP for the State SI Ramtirth, P.S. Kotwali Mr. Pramod Kumar Sharma, Adv. for Complainant CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH JUDGMENT1 By way of these petitions the petitioners Manoj Kumar and Arjun Yadav in Crl.M.C. No.3403/2012 have challenged the order dated 22.10.2011 passed by learned Additional Sessions Judge (North) Delhi and Petitioner T.V. Dattamurthy in Crl.M.C. No.1617/2012 has challenged the order dated 03.03.2012. In both the petitions charges f...


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