Court : Delhi
Decided on : Jul-02-2012
G. P. Mittal, J. 1. These two Appeals (MAC APP. No.346/2010 and MAC APP. No.279/2011) arise out of a judgment dated 22.03.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.3,03,883/- along with interest @ 8% per annum was awarded in favour of R.K. Jain who suffered injuries in a motor accident which occurred on 21.07.1999. 2. For the sake of convenience, the Appellant National Insurance Co. Ltd. (Appellant in MAC APP. No.346/2010) shall be referred to as the Insurance Company, whereas the Cross-Objectionist (MAC APP. No.279/2011) shall be referred to as the Claimant. 3. On 21.07.1999, the Claimant was driving down his car No.DL-3CG-4426 from Bharatpur to Delhi. A truck No.RJ-25G-0104 while being driven in a rash and negligent manner by the Second Respondent hit the Claimant’s car from behind; as a result of the forceful impact windscreen of the Claimant’s car broke into pieces. Some of the screen pallets pierced on to the f...
Tag this Judgment!Court : Delhi
Decided on : Aug-08-2012
Reported in : 2012(4)LLN666
1. By way of the present petition the Petitioner impugnes the award dated 1st May, 2002 whereby the learned Presiding Officer, Labour Court has directed reinstatement of Respondent Nos. 4, 5 and 6 with 40% back wages and continuity of service. 2. Learned counsel for the Petitioner contends that the primary issue raised by the Petitioner that it was not an industry was virtually glossed over by the learned Trial Court and the Petitioner was held to be an industry though the Petitioner is doing charitable work and is wholly dependent on the grants and aids received from Government of India. Reliance is placed on Banglore Water Supply and Sewerage Board Vs. A. Rajappa and Ors. (1978) 2 SCC 213. The Petitioner/society is running mostly by voluntary workers who do not charge any money, though a honorarium of Rs. 1200/- per month is paid for their livelihood. The society is working for the upliftment of tribals and one of the major functions of the society is running crches for the children ...
Tag this Judgment!Court : Delhi
Decided on : Jul-09-2012
V.K. Jain, J. 1. M/s Shankar Trading (P) Limited (hereinafter referred to as the assessee) is engaged in the business of Kathaand Cutch and had taken on lease, with effect from 01.06.1978, a factory belonging to Mehta Charitable Prajnalay Trust (hereinafter referred to as “the Trust”), which also was engaged in the business of manufacturing of the same products. Shri Bishan Dass and Shri Raj Kumar, two of the trustees of the Trust were also the directors and shareholders of the Assessee Company. 3 out of 5 directors of the assessee company were the sons of two trustees of the Trust. It is also an admitted position that bulk of the shares of the assessee Company was held by the trustees of the Trust and their family members. Initially, the lease rent was fixed at Rs 25,000/- p.m., which was later increased first to be Rs 50,000/- p.m. and then to Rs 1,00,000/- p.m. As on 31.12.1991, the assessee was paying lease rental of Rs 1,00,000/- p.m. to the Trust, in respect of the fa...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : Jan-27-2012
ORAL: Mrs. Meera Chhibber, Member (J): 1. Applicant has sought direction to the respondents to appoint him for the post of Constable (Executive) Male Delhi Police Recruitment, 2009 along with all benefits and allowances with effect from 17.8.2011, i.e., the date of termination. 2. It is submitted by the applicant that he was appointed as Constable on 5.7.2010. He continued to perform his duties but show cause notice dated 12.1.2011 was issued to him (page 15) by alleging that at the time of filling the application form applicant did not mention details of the criminal proceedings in column No.15 (a) to (e) rather mentioned ‘No’ against each column whereas the police verification report received in Recruitment Cell, Delhi Police from SP/Jhunjhunu (Rajasthan) revealed that a case FIR No. 31/2000 under Section 447/435 IPC, PS Chirawa, District Jhunjhunu, Rajasthan, was registered against him. He had thus suppressed his criminal involvement in the application as well as in the ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : Feb-10-2012
ORAL: Mrs. Meera Chhibber, Member (J) 1. Applicant has challenged letter dated 12.3.2010 and sought a direction to the respondents to get him medically examined by an independent Medical Board at Dr. R.M.L. Hospital, New Delhi or at Safdarjung Hospital, New Delhi, or in any other Govt. Hospital as per the Medical requirement of the Railways for the post of Assistant Loco Pilot (hereinafter referred to as ALP) and the case of the applicant may be considered for his appointment to the post of ALP on the basis of the medical report given by an independent Medical Board. 2. The brief facts, as stated by the applicant are in the year 2008 Railway Recruitment Board Chandigarh had invited applications for the post of Apprentices Assistant Loco Pilot had applied for it and was declared successful and sent offer of appointment vide letter dated 25.9.2009 (page 12). Thereafter, he was sent for medical examination vide letter dated 5.11.2009. Applicant was declared unfit in A-1 category (page 13)...
Tag this Judgment!Court : Delhi
Decided on : Jun-01-2012
MANMOHAN SINGH, J. (Oral) I.A. No.11246/2012, I.A. No.11247/2012 and I.A. No.11248/2012 (u/S 151 CPC for exemption) These applications have been filed by the plaintiffs under Section 151 of CPC, seeking exemption from filing the original, fair typed copies of the dim documents and documents in legal size and translated copies of the international registration certificates at this stage. Heard. For the reasons stated in the applications, the same are allowed and eight weeks time is granted to file the same. The applications are disposed of. CS(OS) 1787/2012 Let the plaint be registered as a suit. Additional affidavit and documents are taken on record. Issue summons to the defendant, on filing of process fee and registered AD cover within one week, returnable on 30.07.2012. I.A. No.11245/2012 (u/O XXXIX, R.1 and 2 CPC) 1. Issue notice for the date fixed. 2. In this application, the plaintiffs are seeking an injunction against the defendant from using the word MAERSK as part of its co...
Tag this Judgment!Court : Delhi
Decided on : Apr-24-2012
SANJIV KHANNA, J.: 1. Deepak Khosla has preferred this intra-Court appeal impugning the order dated 4thJanuary, 2012 passed by the learned single Judge. The impugned order in paragraph 15 gives two directions; that the appellant would not appear in any Court either in person or as an attorney of a third party, as he does not have inherent right to appear and argue; that the appellant should be medically examined whether he was suffering from any mental disorder. The SHO of the police station Tilak Marg was directed to get the appellant admitted in the Institute of Human Behaviour and Allied Sciences (IHBAS, for short), Shahdara, Delhi. The Medical Superintendent of IBHAS was directed to submit a report within a week. The appellant was ordered not leave the premises of IHBAS and the SHO of the concerned police station was asked to provide adequate security. 2. By order dated 6thJanuary, 2012, in appeal, operation of the second direction in the impugned order was stayed. Medical records...
Tag this Judgment!Court : Delhi
Decided on : Dec-21-2012
* + $~ IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No.1472/2010 & Crl.M.(Bail) No.697/2012 Date of Decision: RAJ KUMAR @ GUDDU Through 21st December, 2012. ..... Appellant Mr. Avadh Kaushik, Adv. Versus THE STATE OF DELHI Through Ms.Ritu Gauba, APP ..... Respondent CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J 1.By way of the present appeal, the appellant assails the judgment dated 2nd June, 2010 passed by the learned Additional Sessions Judge, finding him guilty of commission of the offence under Section 302 of the Indian Penal Code and the order of the same date whereby he was sentenced to undergo life imprisonment along with fine of Rs.5,000/- in default whereof, simple imprisonment for three months for the commission of the said offence.2. As per the prosecution, Gajraj Singh Yadav- PW 5.an employee of the MTNL posted at Gulabi Bagh, Delhi, was residing at House No.173, Page 1 of 51 Libaspur, Delhi with his family comprising of his deceased...
Tag this Judgment!Court : Delhi
Decided on : Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:03. 12.2012 PRONOUNCED ON:14. 12.2012 + WP (C) No. 4717/2011 & CM No.9555/2011 PANACEA BIOTECH LTD. ..... Petitioner Through: Shri Rajesh Mahna with Mr. Ruchir Bhatia and Mr. Ankit Singh, Advocates Versus COMMISSIONER OF TRADE AND TAXES & ORS. Through: ..... Respondents Sh. Vineet Bhatia, Advocate CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT % 1. The writ petitioner is a public limited company is engaged in the business of manufacturing and sale of pharmaceutical products registered with the Department of Trade and Taxes. It has been purchasing goods based on the strength of the Registration certificate. It impugns the determination of the respondent authorities that the consideration it received for the sale of its cars, should be included in its total turnover for the relevant assessment year. WP(C) No. 4717/2011 Pag2. The Sales Tax Officer (Assessing Authority, the third Respondent), for...
Tag this Judgment!Court : Delhi
Decided on : Dec-14-2012
44 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4231/2012 NANDINI BHATNAGAR ..... Petitioner Through: Mr. S.K. Bhaduri, Advocate with Mr. Krishna Kumar, Advocate with petitioner in person. versus STATE GOVT. OF NCT OF DELHI ..... Respondent Through: Mr. Manoj Ohri, APP for State with ASI Narender Singh, PS CWC Nanak Pura, New Delhi. Mr. Atul Aggarwal and Mr. Deepak Jain, Advocates for complainant. Complainant in person. Date of Decision:14. h December, 2012 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J : (Oral) Crl.M.A. 19845/2012 (exemption) in Crl.M.C. 4231/2012 Allowed, subject to just exceptions. Accordingly, present application stands disposed of. Crl.M.C. 4231/2012 & Crl.M.A. 19844/2012 1. Present petition has been filed under Section 482 Cr.P.C. challenging the condition imposed by the Additional Sessions Judge, Dwarka Courts, New Delhi, whereby the petitioner has been directed not to leave the boundary of the NCT of Delhi as well as the NCR and the count...
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