Court : Delhi
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:7. h December, 2018 Decided on:18. h March, 2019 + W.P.(C) 11616/2015, CM APPLs.31234/15, 30& 106AJAY MAKEN & ORS. ........ Petitioners Through: Mr. Aman Panwar with Mr. S.Kumar, Mr. Mudit Gupta, Mr. Nitin Saluja and Mr. Sangam Kumar, Advocates for... Petitioner No.1. Senior Mr. Colin Gonsalves, Advocate with Ms. Anupradha Singh, Advocate for... Petitioner Nos.2 & 3. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Ms. Pinky Anand, ASG with Mr. Jagjit Singh, Mr. Om Prakash Ms. Snigdha Mehra, Advocates for Railways. Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Advocates for Union of India (MoUD) Mr. Sanjay Ghose, ASC, GNCTD. Mr. Ravinder Chauhan, Advocate for DUSIB. Mr. Sunil Fernandes, Standing Counsel for BSES/RPL with Mr. Aman Vidyarthi, Ms. Anju Thomas & Ms. Priyansha Indra, Advocates. CORAM: JUSTICE S. MURALIDHAR JUSTICE VIBHU BAKHRU W.P.(C) 11616/2015 Page 1 of 104 CONTENTS i. Introduction......2 ii. Orders of...
Tag this Judgment!Court : Delhi
..... mittal hon'ble mr. justice j.r. midha w.p.(c)no.4770/2012 page 2 of 531 gita mittal, j. there can be peace only if there is justice - mahatma gandhi 1. the instant writ petitions challenge the constitutionality and validity of the court fees (delhi amendment) act, 2012 delhi act 11 of 2012 whereby the legislative assembly of the national ..... the executive, article 14 immediately springs into action and strikes down such state action. (see also: e.p. royappa v. state of tamil nadu and anr. : air1974sc555 and smt. meneka gandhi v. union of india and anr. : air1978sc597.51. in m/s. sharma transport rep. by d.p. sharma v. government of a.p. and ors. : air2002sc322 this court defined ..... tested on the touchstone of article 14 of the constitution. (ref. welfare assn., a.r.p.v. ranjit p. gohil [(2003) 9 scc358 .) xxx xxx xxx 45. in maneka gandhi v. union of india [(1978) 1 scc248 and charan lal sahu v. union of india [(1990) 1 scc613 , the court has taken the view that when the constitutionality of a .....
Tag this Judgment!Court : Delhi
..... mittal hon'ble mr. justice j.r. midha w.p.(c)no.4770/2012 page 2 of 531 gita mittal, j. there can be peace only if there is justice - mahatma gandhi 1. the instant writ petitions challenge the constitutionality and validity of the court fees (delhi amendment) act, 2012 delhi act 11 of 2012 whereby the legislative assembly of the national ..... the executive, article 14 immediately springs into action and strikes down such state action. (see also: e.p. royappa v. state of tamil nadu and anr. : air1974sc555 and smt. meneka gandhi v. union of india and anr. : air1978sc597.51. in m/s. sharma transport rep. by d.p. sharma v. government of a.p. and ors. : air2002sc322 this court defined ..... tested on the touchstone of article 14 of the constitution. (ref. welfare assn., a.r.p.v. ranjit p. gohil [(2003) 9 scc358 .) xxx xxx xxx 45. in maneka gandhi v. union of india [(1978) 1 scc248 and charan lal sahu v. union of india [(1990) 1 scc613 , the court has taken the view that when the constitutionality of a .....
Tag this Judgment!Court : Delhi
..... court at the instance of [purchaser] in the absence of fraud or special equities in the form of preventing irretrievable injustice between the parties ?. 11. in mahatma gandhi sahkara sakare karkhane (supra), in para 22 the supreme court held as under:- in our considered opinion if the bank guarantee furnished is an unconditional and irrevocable ..... to invoke, as there were no restrictions as sought to be urged by the petitioner. he would rely on the following judgments:- (i) (2007) 6 scc 470 mahatma gandhi sahakra sakkare karkhane vs. national heavy engg. coop. ltd. and another; (ii) 2008(4) r.a.j. 211(del) national highways authority of india vs. ..... allowing encashment of an unconditional bank guarantee or a letter of credit would result in irretrievable harm or injustice to one of the parties concerned. 14. in mahatama gandhi sahakra sakkare karkhane vs. national heavy engg. coop. ltd and anr. , this court observed: if the bank guarantee furnished is an unconditional and irrevocable one, .....
Tag this Judgment!Court : Delhi
P.K.BHASIN, J. 1. By way of this writ petition the petitioner, who was employed as a peon with the respondent, had challenged the award dated 23-07-2010 in ID Case No. 9/2007 whereby the relief of re-instatement in service with back wages was denied to him by the Central Government Industrial Tribunal-I(‘the tribunal’ in short) even after coming to the conclusion that his services had been illegally terminated by the respondent and only a lump-sum compensation of Rs. 25,000/- was awarded to him. 2. The petitioner was employed as a peon on daily wages with the respondent. His services were terminated w.e.f. 01.05.2004. He had then approached the competent authorities for his re-instatement in service but since he could not get that relief the dispute between him and the respondent was referred for adjudication to the Tribunal vide Reference order dated 25th January, 2007 with the following term of reference:- “Whether the action of the management of Nehru Yuva Kendra S...
Tag this Judgment!Court : Delhi
..... ors. (2014) 58 ptc 413 (del.) (m) anil kumar sanghi and anr. vs. hari kishan sanghi ilr (2010) supp. (3) delhi 585 (n) ansal buildwell ltd. vs. north eastern indira gandhi institute of health and medical science and ors. 118(2005) dlt 274 (o) whale stationery products ltd. vs. kores c.e. gmbh 205 (2013) dlt 99 11. having heard the .....
Tag this Judgment!Court : Delhi
Reported in : 2001IIAD(Delhi)818; 2001CriLJ1064; 89(2001)DLT572; 2001(57)DRJ523; 2001RLR144
..... in the construction of four new plants.11. the mcd shall not use the filled-up slfs for any other purpose except forestry. there are twelve such sites including rajiv gandhi smriti van. we direct the mcd to develop forests and gardens on these 12 sites. the work of a forestation shall be undertaken by the mcd with effect from april .....
Tag this Judgment!Court : Delhi
Reported in : 164(2009)DLT596
Pradeep Nandrajog, J.1. The above captioned appeal and the death sentence reference arise out of the judgment and order dated 04.10.2008 and the order on sentence dated 21.10.2008 passed by the learned Additional Sessions Judge in Sessions Case No. 09/2007 arising out of FIR No. 295/2006 registered at PS Roop Nagar. By virtue of the judgment and order dated 4.10.2008, Sanjay Dass has been convicted for offences under Sections 302/307/376/379 IPC. It may be noted that Sanjay Dass was charged for an offence punishable under Section 392 IPC but has been convicted for a lesser offence i.e. the offence punishable under Section 379 IPC. Vide order on sentence, the learned Additional Sessions Judge has imposed the extreme penalty of death sentence on Sanjay Dass in respect of the offence of murder punishable under Section 302 IPC. With regard to the offence(two) punishable under Section 307 IPC, he has been sentenced to undergo rigorous imprisonment for 10 years and pay fine in sum of Rs. 1,0...
Tag this Judgment!Court : Delhi
Reported in : 2002(25)PTC262(Del)
A.K.Sikri, J.1. Sex is an inescapable part of us. It is there from the moment of birth when we are given a sexual identity - boy or girl - and it is with us until the day we die - when it goes on the death certificate.2. Ever since Adam and Eve ate forbidden apple and were transported to earth, sex has become basic human instinct. Among other creatures copulation may be only a biological act - for procreation. However, for human beings, sexual intercourse is not only procreative. It is creative as well. It has been described as 'the greatest driving force in the living world'.2. No wonder then, that much is written about it. From time immemorial. On how to enjoy it most. On how to continue to enjoy and be sexually active even at advanced stage of life. Vatsyayana's 'Kamasutra' has placed him among the immortals and no better elegy or eulogy can be written than the following lines:'So long as lips shall kiss and eyes shall see. So long lives This, and This gives life to Thee'.3. Tantra ...
Tag this Judgment!Court : Delhi
Reported in : 154(2008)DLT647
Anil Kumar J.1. The petitioner, who is stated to be a retired Superintendent of Tis Hazari Courts, seeks contempt proceedings against the police officials who had arrested him pursuant to an FIR registered pursuant to the direction of Commissioner of Police on the complaint of Mr. Navin Soni, who is not a party to the present petition, being FIR No. 270/2000 under Section 379/420/468 and 471 of Indian Penal Code on the ground that his arrest had interfered with the due course of judicial proceedings initiated by him under Section 138 of the Negotiable Instrument Act and because his arrest has also obstructed administration of justice.2. Brief facts to comprehend the controversies are that Mr. Navin Soni resident of 3, DLF Industrial Area, Moti Nagar, on 5th October, 1996 had made a written complaint addressed to SHO, Police Station Kirti Nagar, New Delhi, that he had lost two signed blank cheques one of them bearing number 722832 of Punjab National Bank, Khari Baoli, and other cheque o...
Tag this Judgment!