$~ * % + in the high court of delhi at new delhi judgment reserved on:26. 04.2018 judgment pronounced on:01. 10.2018 w.p.(c) 2665/2018, c.m. appl.10866/2018 arun krishnan and anr. ……petitioners through: sh. gaurav bhardwaj, advocate. versus union of india & ors. ….respondents through: ms. monika arora, standing counsel for jnu with mr. harsh ahuja, mr. kushal kumar and mr. vibhu tripathi, advs. mr. chander shekhar, adv. for ugc. coram: hon'ble mr. justice s. ravindra bhat hon'ble mr. justice a.k.chawla s.ravindra bhat, j.the writ petition is partly allowed. for detailed judgment wp(c) 3032/2017 may be referred to. s. ravindra bhat (judge) a.k.chawla (judge) october01 2018
Tag this Judgment! Ask ChatGPT.....bearing no.dl ila7952being driven rashly, negligently and at a very high speed came there and hit his motorbike with great force. due to heavy impact, he (petitioner) fell down on road and suffered injuries, all over his body.” 4. to render the impugned award, motor accident claims tribunal (hereinafter referred to as the “tribunal”) has relied upon evidence of mac.app. 968/2015 mac.app. 808/2018 page 2 of 7 injured-ganga saran (pw-1) and as per disability certificate (ex.pw2/1), the injured had suffered permanent physical disability of 37% in relation to his right lower limb. on the strength of evidence recorded, impugned award has been rendered. the breakup of compensation awarded by the tribunal to the injured is as under :-"1. medical expenses 2. loss of income during treatment 3. special diet 4. conveyance charges 5. pain & suffering 6. loss of enjoyment of life total compensation `50,285/- `47,208/- `25,000/- `15,000/- `1,00,000/- `1,00,000/- `3,37,493/ learned counsel for the insurer assails the impugned award on the ground that the tribunal has erred in not granting recovery rights to the insurer against driver and owner of the insured vehicle as driver of the.....
Tag this Judgment! Ask ChatGPT.....filing of the application. she submits that therefore, no prejudice would have been caused to the respondent if the application had been allowed. in fact, if the application had been allowed, it would have resulted in avoiding multiplicity of litigation.7. on the other hand, the learned counsel for the respondent submits that the arbitration proceedings had already reached the stage of recording of evidence. the issues had been framed and it was only at the stage when the respondent produced its witness for cross- examination that the petitioner, without giving any justifiable reasons, filed an application seeking permission to file its counter claim. he further submits that the counter claim is based on assertions which are on alleged causes of action which arose prior to the filing of the statement of defence and they are aimed only to prolong the adjudication of the claims of the respondent. he relies omp(comm.) 343/2018 page 3 upon the judgment of the supreme court in ramesh chand ardawatiya v. anil panjwani, manu/sc/0387/2003. he further submits that the arbitrator has rightly refused permission to the petitioner to file its counter claim at such a belated stage.8. i have.....
Tag this Judgment! Ask ChatGPT.....commissioner‟s order. further necessary action in the matter may please be taken accordingly. yours faithfully sd/- settlement commissioner” facts 3. in the year 1956, one shri parmanand (who is since deceased) was allotted the plot in question – a plot measuring 103 sq. yards. thereafter, on 29.06.1967, a lease deed for the plot in question was executed in favour of shri parmanand.4. shri parmanand expired on 25.11.1985. apparently, he was survived by his wife (smt. daulati bai); his daughter (ms. kaushalya devi); and a son (shri mohan lal).5. the petitioner herein is son of the brother of late shri w.p.(c) 5966/2010 page 3 of 11 parmanand. there were some disputes between the legal heirs of late shri parmanand and the petitioner. whilst the legal heirs (or persons claiming through them) of late shri paramanand claimed title to the plot in question and the adjacent area by survivorship, the petitioner claims rights in respect of the plot in question by virtue of the will dated 06.07.1981 executed by late shri parmanand in favour of the petitioner.6. one shri r.d sharma, also claims title to the adjacent plot as a successor in interest of late shri parmanand. it appears.....
Tag this Judgment! Ask ChatGPT.....on account of breach of contract by respondent no.1/defendant no.1 in failing to supply the contracted quantity of stone dust and stone grit.2. the facts of the case are that the respondent no.1/defendant no.1, in response to the tender for supply of stone grit and stone dust by the appellant/plaintiff, communicated its acceptance vide letter dated 11.05.1992 alongwith the 'schedule of items' and their quantities. therefore, vide acceptance letter dated 11.05.1992, a contract was entered into between the parties whereby the respondent no.1/defendant no.1 had to supply stone grit and stone dust to the appellant/plaintiff. the appellant/plaintiff pleaded that the respondent no.1/defendant no.1 supplied only 47 cubic meter of stone dust till 13.05.1992, instead of the agreed contracted quantity of 11,760 cubic meters. as per the contract, the respondent no.1/defendant no.1 had a period of six months commencing from 11.05.1992 for supplying the contracted quantity of stone dust and stone grit. the value of the supply by the respondent no.1/defendant no.1 was a total amount of rs. 23,11,190/-. the appellant/plaintiff further pleaded in the plaint that vide letters and show cause.....
Tag this Judgment! Ask ChatGPT.....disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further.6. in view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the respondent no.2 has stated that she does not wish to crl.m.c. 4998/2018 page 2 of 3 press the complaint any further and the fact that the parties have already been divorced by way of a decree of divorce, passed on 09.05.2018, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. it would be expedient to quash the subject fir and the consequent proceedings emanating therefrom.7. as per the settlement the minor child shall remain in the permanent custody of respondent no.2.... petitioners who are present in court undertake that they shall not claim any rights contrary to the settlement terms.8. in view of the above, the petition is allowed. fir no.217 of 2009 under sections 498a/4ipc registered at police station pandav.....
Tag this Judgment! Ask ChatGPT.....that both the medical officers had left the services of the hospital and their presence could not be procured without unnecessary delay. in the facts and circumstances when their superior medical officer was in a position to prove the mlcs, the nature of injuries suffered being simple in nature and, therefore, there being no need for any further facts to be elicited the mode of proof cannot be questioned [vijay and anr. vs. state 2015 scc online del 11984]..10. the victims pw-1 and pw-7 have testified along the lines of the prosecution case confirming their respective statements as given before the police during the course of investigation. the mlcs provide due corroboration to their respective testimonies, the injuries crl. a. no.140/2002 page 4 of 8 suffered having been inflicted by sharp edged weapon, it being, in the case of pw-7 in the neck region and, in the case of pw-1, on the nose.11. the counsel arguing for the appellants submitted that there are serious contradictions in the prosecution case and the evidence. the court has carefully scrutinized the testimony of the relevant witnesses but finds no such contradiction as can be taken to be going to the root of the.....
Tag this Judgment! Ask ChatGPT.....had appeared before the sessions court, confirmed the settlement agreement and received their money, i am of the view that interest of justice requires that the said fir be quashed, crl.m.c. 1780/2018 page 2 of 3 continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. it would be expedient to quash the subject fir and the consequent proceedings emanating there from.7. in view of the above, the petition is allowed. fir no.140/2015 under sections 463/465/415/417/4ipc, police station palam village and the consequent proceedings arising therefrom are, accordingly, quashed.8. order dasti under the signatures of the court master. october01 2018 st sanjeev sachdeva, j crl.m.c. 1780/2018 page 3 of 3
Tag this Judgment! Ask ChatGPT.....out in its wake are unjust, unfair and improper, the sanction for prosecution also suffering from the vice of non-application of mind because the facts of subsequent filing of return on 28.03.2013, followed by scrutiny assessment have not been taken note of nor the views of the assessing authority for expediency of criminal prosecution ascertained. it is the submission of the petitioners that since the criminal complaint was filed on sanction for prosecution issued on 14.01.2015 by the cit, it is a case of the prosecutor being the judge of his own cause.5. the arguments to the above effect do not appeal to this court. as is clear from the proviso to section 279 (1) of it act, the prosecution can be initiated at the instance of the authorities superior to the assessing authority, they including officer of the level of cit or even those above in hierarchy who are permitted to issue instructions or directions for institution of proceedings under section 279 (1) which provision also governs the process relating to offence under section 276 cc. there was no impropriety on the part of cit, in this view, in issuing the show cause notice on 16.07.2014 followed by the crl. m.c......
Tag this Judgment! Ask ChatGPT.....by her counsel and is identified by the investigating officer. she submits that she has settled the disputes with the petitioner and is agreeable to the settlement and does not wish to press the criminal charges against the petitioner any further.5. in view of the fact that the disputes between the petitioner and respondent no.2 have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding crl.m.c. 5011/2018 page 2 of 3 factor. it would be expedient to quash the subject fir and the consequent proceedings emanating therefrom.6. in view of the above, the petition is allowed. fir no.1688 of 2014 under sectionsof the ipc registered at police station narela, delhi and the consequent proceedings emanating therefrom are accordingly quashed.7. order dasti under signatures of the court master. october01 2018 ‘rs’ sanjeev sachdeva, j crl.m.c. 5011/2018 page 3 of 3
Tag this Judgment! Ask ChatGPT