Delhi Court April 2015 Judgments

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Apr 29 2015

Dharam Singh Vs. Delhi Transport Corporation

Court: Delhi

Decided on: Apr-29-2015

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and order:29. h April 2015 + W.P.(C) 2269/2015 DHARAM SINGH Through ..... Petitioner Ms. Rashmi B. Singh, Advocate versus DELHI TRANSPORT CORPORATION ..... Respondent Through Ms. Avnish Ahlawat, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S. MEHTA, J ORDER % KAILASH GAMBHIR J.(ORAL) 1. Learned counsel for the respondent at the outset, has raised a preliminary objection to the maintainability of the present Writ Petition on the ground of inordinate delay and laches on the part of the petitioner not only in approaching the Central Administrative Tribunal (for short, the Tribunal) to challenge the order dated 25th April, 2012 but even this Court by way of filing the present Writ Petition.2. The submission of the counsel for the respondent is that the order of punishment was passed by the Disciplinary Authority on 28th May, 1999 and the same was upheld by the Appellate Authority by its order dated ...

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Apr 28 2015

Kathuria Public School and Ors. Vs. Union of India and Ors.

Court: Delhi

Decided on: Apr-28-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:21. 04.2015 Pronounced on:28. 04.2015 + W.P.(C) 2009/2014 KATHURIA PUBLIC SCHOOL AND ORS. Petitioners Through: Sh. A.S. Chandhiok, Sr. Advocate with Sh. Vikas Mehta, Sh. Ritesh Kumar, Sh. Rajat Sehgal, Ms. Honey Kumari and Sh. Mayank Bamniyal, Advocates. Versus UNION OF INDIA AND ORS. ..Respondents Through: Sh. Ripu Daman Bhardwaj, CGSC with Sh. T.P. Singh, Advocate, for UOI. Sh. Ajay Verma, Sr. Standing Counsel with Sh. Amit Mehra, Advocate, for DDA. Sh. Sanjay Poddar, Sr. Advocate with Sh. Sanjay Kumar Pathak, Ms. K. Kaumudi Kiran, Ms. Sunil Kumar Jha, Sh. Govind Kumar and Ms. Pavni Poddar, Advocates, for Respondent No.3. Ms. Shefali Jain, for Sh. Rakesh Kumar Khanna, Advocate, for Respondent No.4. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE S. RAVINDRA BHAT % 1. By these proceedings under Article 226 of the Constitution of India, the Petitioners (hereafter compendiously referred to as KP...

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Apr 28 2015

Delhi Tourism and Transportation Development Corpora Vs. Presiding off ...

Court: Delhi

Decided on: Apr-28-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1856/2003 Judgment reserved on:16. 04.2015 Judgment pronounced on:28. 04.2015 DELHI TOURISM & TRANSPORTATION DEVELOPMENT CORPORATION LIMITED ..... Petitioner Through: Mr Vikrant Yadav, Advocate versus PRESIDING OFFICER, INDUSTRIAL TRIBUNAL NO.III, DELHI AND ANR. ..... Respondents Through: None. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 Vide the present writ petition, the petitioner employer of respondent no.2 Girdhari Lal has challenged the award dated 19.07.2002 whereby an order for reinstatement of the workman with continuity of service and full back wages from the date of demand notice i.e. 10.05.1988 up to the date of reinstatement at the rate of last drawn salary or minimum wages, whichever is higher, was made.2. The brief facts of the case are that the respondent no.2 was appointed on the post of Chowkidar on consolidated salary of Rs.350/- for a period of three months vide Office Memorandum No.F (A)/308/83/DTDC/11201 da...

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Apr 28 2015

Ramesh Chand Vs. Jamia Millia Islamia

Court: Delhi

Decided on: Apr-28-2015

* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 2669/2015 and CM No.4772/2015 Judgment reserved on:21. 04.2015 Judgement pronounced on:28.04.2015 RAMESH CHAND Through: ..... Petitioner Mr. M.Husain, Advocate. versus JAMIA MILLIA ISLAMIA Through: ..... Respondent Mr.Rohit Gandhi and Mr.Varun Garg, Advocates CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 Vide the present writ petition, the petitioner has challenged the findings of the learned Labour Court whereby the Labour Court while holding that the termination of the petitioner was illegal, instead of awarding reinstatement with full back wages and continuity in service has awarded compensation @ 50% of last drawn wages since 14th January, 2008 (date of filing claim) till the date of passing of an award.2. The contention of the petitioner is that whenever the termination of workman is found to be illegal, the order of reinstatement is the natural consequence and is a normal rule. It is submitted that any deviation from the nor...

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Apr 28 2015

New India Assurance Co. Ltd. Vs. Neelam Sharma and Anr.

Court: Delhi

Decided on: Apr-28-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:28. h April, 2015 + MAC.APP. 996/2011 NEW INDIA ASSURANCE CO. LTD. Through ..... Appellant Mr. K.K. Bhat, Advocate versus NEELAM SHARMA & ANR. Through ..... Respondents None CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The Appellant New India Assurance Company Limited impugns the award dated 11.08.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.4,33,000/- was awarded in favour of Respondent no.1 for the death of her bachelor son Tarun Sharma.2. During inquiry before the Claims Tribunal in a petition under Section 163-A of the Motor Vehicles Act, 1988 (the Act), it was stated by Respondent no.1 that deceased Tarun Sharma was in private service with Respondent no.2 Naresh Grover, owner of the two wheeler bearing registration no.DL-4S-AE-8473 involved in the accident. It was pleaded that on 25.02.2008 at about 11:45 p.m., deceased Tarun Sharma was riding the two ...

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Apr 28 2015

National Insurance Co Ltd Vs. Nitasha Rani and Ors

Court: Delhi

Decided on: Apr-28-2015

$-18 & 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:28. h April, 2015 + MAC.APP. 339/2012 NATIONAL INSURANCE CO LTD ..... Appellant Through: Ms. Shantha Devi Raman, Advocate with Mr. Garud M.V., Advocate versus NITASHA RANI & ORS Through: + ..... Respondents Mr. S.N. Parashar, Advocate MAC.APP. 865/2012 NITASHA RANI & ORS Through: ..... Appellants Mr. S.N. Parashar, Advocate versus MANOJ KUMAR & ORS. Through: ..... Respondents Ms. Shantha Devi Raman, Advocate with Mr. Garud M.V., Advocate for Respondent insurance company. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. These two appeals arise out of judgment dated 22.12.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of `38,06,000/- was awarded in favour of the legal representatives of deceased Praveen Kumar, who suffered fatal injuries in a motor vehicular accident which occurred on 09.07.2006.2. MAC APP.339/2012 is preferred by the National Insurance ...

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Apr 28 2015

Uttar Pradesh State Road Transport Corporation Vs. Smt. Sunita Arora a ...

Court: Delhi

Decided on: Apr-28-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:28. h April, 2015 + MAC.APP. 1075/2013 UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Mr. Shadab Khan, Advocate versus SMT. SUNITA ARORA & ANR. Through: + ..... Respondent Mr. S.N. Parashar, Advocate for Respondents No.1 & 2 MAC.APP. 343/2015 SMT SUNITA ARORA & ANR. Through: ..... Appellants Mr. S.N. Parashar, Advocate versus UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION ..... Respondent Through: Mr. Shadab Khan, Advocate CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. These two appeals arise out of judgment dated 18.09.2013 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of `19,92,368/- was awarded in favour of Smt. Sunita Arora and Shri Harish Arora, parents of deceased Amit Arora, who suffered fatal injuries in a motor vehicular accident which occurred on 18.07.2011.2. On appreciation of evidence, the Claims Tribunal found that the accide...

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Apr 28 2015

Ms. Mankhanching Tombing Vs. Directorate of Revenue Intelligence

Court: Delhi

Decided on: Apr-28-2015

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. h April, 2015 + Crl.A. 590/2012 & Crl.M.B.950/2012 & Crl.M.A.16993/2012 MS. MANKHANCHING TOMBING ..... Appellant Through: Ms.Sunita Arora with Mr.Krishan Kumar, Advocates Versus DIRECTORATE OF REVENUE INTELLIGENCE ..... Respondent Through: Mr.Satish Aggarwala with Mr.Amish Aggarwala, Advocates for DRI. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. The appellant Mankhanching Tombing impugns the judgment and order on sentence dated 07.04.2012 passed by learned Special Judge (NDPS), South & South East District, Saket Courts in Sessions Case No.21A/2006 whereby the appellant was convicted for offence under Section 21(c) of NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.1 lac, in default of payment of fine to undergo simple imprisonment for six months.2. On 27.09.2005, the appellant was intercepted at Domestic Airport of IGI by Sh. Madan Kumar, Intelligence Off...

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Apr 28 2015