Delhi Court July 2016 Judgments
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M/s. Floortex Collection Vs. Vikram Thapa
Court: Delhi
Decided on: Jul-26-2016
V. Kameswar Rao, J. (Oral) 1. The challenge in this writ petition is to the award dated October 15, 2012 of the Industrial Adjudicator in a petition filed by the petitioner under Section 11A of the Industrial Disputes Act, 1947. The said petition resulted in the claim of the respondent having been accepted by the Industrial Adjudicator, to the extent that the Industrial Adjudicator has granted a compensation of Rs. 1 lakh to the workman, to be paid within a period of 30 days from the date of the award, failing which, the interest at rate of 8% per annum from the date of publication of the award tillrealization, was payable by the petitioner to the respondent. 2. It was the case of the respondent that he worked with the petitioner since 1991 as a skilled worker at the last drawn salary of Rs. 6000/- per month and was doing his work with satisfaction and had not given any chance of complaint whatsoever to the management. He has stated that he was not provided any appointment letter, atte...
Rajesh Shukla Vs. Union of India and Others
Court: Delhi
Decided on: Jul-26-2016
Pradeep Nandrajog, J. 1. The petitioner was enrolled as a Constable with CRPF and in the month of March 19, 1992 was transferred to the 80th Battalion stationed in Batala, in the State of Punjab. Terrorism was at its peak in the State of Punjab. As the sun was setting, information was received that the Deputy Chief of Khalistan Commando Force (Zaffarwal), Khajan Singh s/o Vasan Singh has taken shelter in a farm house in village Satowali. This information was received by the SHO of P.S. Ghuman. A search of the area was organized. Apart from the local police, two platoons of CRPF: E/80 and B/80 were to assist the local police. As the members of the two platoons crossed village Langiawali and were proceedings towards village Talwandi, just at the outskirts of village Langiawali, from the house of one Mangal Singh, the police personnel and the CRPF personnel came under very heavy fire. The police personnel and CRPF personnel took position and returned the fire. The petitioner sustained lif...
Rajender Kumar Vs. UOI and Others
Court: Delhi
Decided on: Jul-25-2016
Pratibha Rani, J. 1. The petitioner who was posted as SI/Executive at CISF Unit CCL Dhori (Bihar) has been litigating for last about two decades shuttling between Central Administrative Tribunal and Delhi High Court with a prayer for quashing of penalty of removal from service . 2. Initially the writ petition was filed before this Court and registered as W.P.(C) No.213/1998. Thereafter pursuant to the order dated March 04, 2009 the file was sent to Central Administrative Tribunal. 3. Thereafter in T.A. No.887/2009 Central Administrative Tribunal recorded that counsel for parties were ad idem that the jurisdiction to decide this matter shall be exclusively with the High Court. 4. On January 25, 2010 CM No.938/2010 under Section 151 CPC was allowed and W.P.(C) No.213/1998 was called back from Central Administrative Tribunal for listing the same before Roster Bench. 5. The petitioner Rajender Kumar who was posted as SI/Executive at CISF Unit CCl Dhori (Bihar) has impugned the order dated ...
Ramesh Kumari Vs. State of NCT of Delhi
Court: Delhi
Decided on: Jul-25-2016
Vipin Sanghi, J. 1. This application under section 438 Cr PC has been filed by the applicant Smt. Ramesh Kumari Bhardwaj to seek anticipatory bail apprehending arrest in case FIR No.33/2014 registered with PS-EOW, Mandir Marg, New Delhi under section 419/420/467/ 468/471/120B IPC. The applicant states that she is a 65 years old lady and is managing a school with approximately 2000 children and 80 staff members. She is associated with the said school for the past 25 years i.e. from its inception. The applicant has respect and roots in the society, and she has joined the investigation as and when called upon to do so in the aforesaid case. The background facts 2. One Inder Singh Bindra, aged 76 years living in New York, USA got the FIR in question registered against one Jaswant Singh Bhullar (JS Bhullar), who is now dead, against the late husband of the applicant Deepak Bhardwaj and a few others, including the petitioner - who was shown as accused no.8 in her capacity as shareholder and ...
Rahul and Others Vs. Union of India and Others
Court: Delhi
Decided on: Jul-25-2016
Pradeep Nandrajog, J. 1. On the strength of being acquitted at the criminal trials, the petitioners question they not being appointed as Constables in the Railway Protection Force. 2. All petitioners successfully cleared the selection process to be appointed as constables in the Railway Protection Force but found employment eluding them when the department found that all of them withheld relevant information concerning their character and antecedents, in that, all of them did not disclose that they were accused of having committed penal offences. All the petitioners were acquitted at the criminal trial and suffice it to note that a criminal record of a person s past history is relevant to assess the person s trustworthiness and in matters relating to public service and especially when the person would carry arms it would be in the interest of the public that the person should be subjected to a strict scrutiny. 3. The four petitioners have a grievance concerning the same selection proce...
Ram Singh and Another Vs. Sohinder Singh Bedi
Court: Delhi
Decided on: Jul-25-2016
1. The appellants have challenged the decree for possession of property bearing No.93 measuring 210 sq. yds., Prakash Mohalla, Sant Nagar Extension, Village Garhi, Jharia Maria, New Delhi. For the sake of convenience, the appellants and the respondent are referred to as per their ranks before the Trial Court as the defendants and the plaintiff respectively. 2. Plaintiff s case 2.1. The plaintiff is the owner of plot No.93 measuring 210 sq. yds., Prakash Mohalla, Sant Nagar Extension, Village Garhi, Jharia Maria, New Delhi, hereinafter referred to as the suit property , having purchased the same from Bhagat Singh vide registered sale deed dated 23rd February, 1960. The plaintiff received the possession of the suit property from the previous owner at the time of the sale deed. 2.2. On 3rd July, 1974, the plaintiff visited the suit property and found Bhagat Singh and some other persons raising a wall on the suit property whereupon the plaintiff stopped them from raising the wall with the ...
Subhash Chander Vs. Fathay Singh
Court: Delhi
Decided on: Jul-25-2016
Valmiki J. Mehta, J. (Oral) 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff/landlord against the Judgment of the First Appellate Court dated 23.7.2015 whereby the first appellate court set aside the judgment of the trial court decreeing the suit for possession with respect to shop bearing no.1/9255, Plot no.12, West Rohatash Nagar Chowk, Babarpur Road, Shahdara, Delhi-32 under Order XII Rule 6 CPC. The first appellate court by the impugned judgment has held that the trial court has committed an error in not considering the fact that the respondent/defendant has not admitted the jurisdiction of the civil court and in fact claimed application of the Delhi Rent Control Act, 1958 i.e effectively holding and stating, though not clearly saying so, that there was no scope of application of Order XII Rule 6 CPC. Besides the first appellate court not mentioning the fact with respect to Order XII Rule 6 CPC being not ...
Meera Devi and Others Vs. Jitender and Others
Court: Delhi
Decided on: Jul-25-2016
Oral: 1. The appellants have challenged the award dated 02nd June, 2016 whereby the Claims Tribunal has dismissed their petition. 2. On 13th October, 2005, Parmeshwar Shah was going to Rohini Sector 24, Pocket 27 market on bicycle when he was hit from behind by Maruti Zen car bearing No.HR-12C-5771. Parmeshwar Shah was taken to Sanjay Gandhi Memorial Hospital and then to Lok Nayak Hospital where he succumbed to the injuries sustained. 3. The deceased was survived by widow, two sons and two daughters who filed the claim petition before the Claims Tribunal. The deceased was aged 45 years at the time of the accident and was running a shop of cycle repair earning RS.8,000/- per month. 4. The offending vehicle was driven by respondent no.1, owned by respondent No.2 and insured by respondent No.3. Respondents No.1 and 2 filed the written statement in which they admitted the alleged accident but disputed the negligence of respondent No.1. 5. Appellant No.1 appeared in the witness box as PW-1 ...
Cub Pty Ltd. vs. Uoi
Court: Delhi
Decided on: Jul-25-2016
Badar Durrez Ahmed, J. 1. The question that arises for consideration in this writ petition pertains to the situs or location of intellectual property rights such as logos, brands, trademarks, which are capital assets, but intangible in nature. In terms of Section 9(1)(i) of the Income Tax Act, 1961, all income accruing or arising, directly or indirectly, inter alia, through the transfer of a capital asset situate in India, shall be deemed to have accrued or arisen in India. The petitioner had sought an advance ruling from the Authority for Advance Ruling (Income Tax), New Delhi (hereinafter referred to as 'the AAR) on, inter alia, the following question:- (i) On the facts and circumstances of the case, whether the receipt arising to the applicant, from the transfer of its right, title and interest in and to the trademarks, Foster's Brand Intellectual Property and grant of exclusive perpetual licence of Foster Brewing Intellectual Property is taxable in India, having regard to the provi...
Worldline Tradex Private Limited Vs. The Commissioner of Customs (Impo ...
Court: Delhi
Decided on: Jul-25-2016
S. Muralidhar, J. 1. This is a petition by Worldline Tradex Private Limited seeking, inter alia, a direction to the Commissioner of Customs (Import), New Customs House, Near IGI Airport, New Delhi (Respondent No.1), the Additional Commissioner of Customs (Import) (Respondent No.3), the Joint Commissioner of Customs (Import) (Respondent No.4) and the Deputy Commissioner of Customs (Import) (Respondent No. 5) (hereafter collectively referred to as the Customs ) and theAdditional Director General, Directorate of Revenue Intelligence (Respondent No. 2) ( DRI ), to provisionally release the goodsimported by the Petitioner under Bill of Entry (B/E) No. 5216412 dated 10th May, 2016. A further prayer is for the direction to the Respondents to provide to the Petitioner a copy of the panchnama dated 12/13th May, 2016 which makes reference to the above B/E. 2. The brief facts are that, the Petitioner is engaged in the business of import of mobile accessories. It is stated that, in the normal cour...
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