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Delhi Court August 2003 Judgments

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Aug 08 2003

Heritage Cables Pvt. Ltd. and ors. Vs. Punjab National Bank and ors.

Court: DRAT Delhi

Decided on: Aug-08-2003

Reported in: IV(2004)BC73

1. Heard Counsel. This appeal is directed against the Order dated 24.4.2003 passed in I.A. 98 of 2003, declining the request of the appellants to have certain documents compared by the Handwriting Expert, so that the report can be received for the purposes of appreciating the plea taken by the appellants/defendants 2 to 4 that the said documents are forged. The learned Presiding Officer of the DRT has declined the request on the ground that the application does not contain all the materials necessary, especially the details of documents in which, the admitted signatures of the appellants/ defendants 2 to 4 are found. The learned Presiding Officer has also observed that it has not been made clear as to whose signatures have been forged except stating that the documents have been forged. The learned Counsel for the appellants contends that the details as to the documents which are forged are mentioned in the written statement. He also contends that the signatures of defendants 2 to 4 ha...


Aug 08 2003

Delhi Agricultural Marketing B. Vs. Satya Pal Singh Dabas and anr.

Court: Delhi

Decided on: Aug-08-2003

Reported in: 2003VIAD(Delhi)88; 106(2003)DLT415

Mukul Mudgal, J.1. Rule. 2. With the consent of the counsel for parties the matter is taken up for final hearing. 3. This writ petition challenges the award dated 30. 1. 2002 by the Labour Court which on finding that compliance of Section 25F was not done, directed reinstatement of respondents No. 1 & 2 but with only 50% back wages. It was found that (a) the respondent s had worked since 1990 to August 1993 (b) their services were terminated without notice. 4. The principal plea raised by the petitioner in this writ petition is that the Labour Court did not decide the question whether the petitioner is an industry. The Trial Court has held that the management has failed to adduce any evidence to show that it was not covered within the meaning of definition of 'industry' as per provisions of Industrial Disputes Act, 1947 as the management failed to cross examine the workman and had been proceeded ex-parte. Accordingly, there is no merit in the plea of the petitioner that the labour cour...


Aug 08 2003

Ghisa Nath and ors. Vs. Vijinder Singh and ors.

Court: Delhi

Decided on: Aug-08-2003

Reported in: I(2004)ACC186; 2003VIAD(Delhi)569

S.K. Mahajan, J. 1. ADMIT. 2. With the consent of the parties, matter has been heard and disposed of by this order. 3. This appeal against the award of Motor Accident Claims Tribunal is filed by the widow and parents of the deceased Ratan Nath for enhancement of compensation for his death on 19.7.1997, in a road accident caused by the rash and negligent driving of the offending vehicle. 4. The Tribunal after holding that the accident was caused due to the rash and negligent driving of the offending vehicle and the deceased died because of the injuries sustained in the said accident awarded compensation in favor of the appellants. Being aggrieved by the award of the Tribunal, the present appeal has been filed by the appellants for enhancement. 5. The only point argued by learned counsel for the appellant is that the Tribunal while arriving at the compensation payable to the dependents of the deceased has not considered the future prospects in the life and career of the deceased and has ...


Aug 08 2003

Smt. Zamri and ors. Vs. Vijinder Singh and ors.

Court: Delhi

Decided on: Aug-08-2003

Reported in: I(2004)ACC361; 2003VIAD(Delhi)339

S.K. Mahajan, J. 1. ADMIT. 2. With the consent of the parties, matter has been heard and disposed of by this order. 3. This appeal against the award of Motor Accident Claims Tribunal is filed by the widow, mother and children of the deceased Ramu for enhancement of compensation for his death on 19.7.1997, in a road accident caused by the rash and negligent driving of the offending vehicle. 4. The Tribunal after holding that the accident was caused due to the rash and negligent driving of the offending vehicle and the deceased died because of the injuries sustained in the said accident awarded compensation in favor of the appellants. Being aggrieved by the award of the Tribunal, the present appeal has been filed by the appellants for enhancement. 5. The only point argued by learned counsel for the appellant is that the Tribunal while arriving at the compensation payable to the dependents of the deceased has not considered the future prospects in the life and career of the deceased and h...


Aug 08 2003

Aggarwal and Modi Enterprises (Cinema Project) Private Limited and anr ...

Court: Delhi

Decided on: Aug-08-2003

Reported in: 2003VIAD(Delhi)1; 106(2003)DLT113

Mukul Mudgal, J.1. This writ petition seeks the setting aside of the order dated 13th November, 2001, passed by respondent New Delhi Municipal Council (hereinafter referred to as `N. D. M. C. '), holding the petitioner to be unauthorized occupant of the premises in dispute namely that of Chanakya Cinema Complex situated in Diplomatic Enclave, New Delhi (hereinafter referred to as the complex). Directions have also been sought to set aside the letter dated 22nd January, 2002 issued by the respondent NDMC seeking the vacant and peaceful possession of the aforesaid complex. The writ also partly impugns the Resolution dated 28th August, 2001 to the extent it allows the petitioner to continue in possession from 1st October, 2000 to 30th September, 2003 only. A further prayer is made for renewal of the lease/license of the petitioner with the usual option for renewing the lease deed on appropriate terms and conditions. 2. The crux of the dispute leading to the writ petition arises from the f...


Aug 08 2003

Sh. Saguni Sardar Vs. Vijinder Singh and ors.

Court: Delhi

Decided on: Aug-08-2003

Reported in: I(2004)ACC341; 2005ACJ953; 2003VIAD(Delhi)242

S.K. Mahajan, J. 1. ADMIT. 2. With the consent of the parties, mater has been heard and disposed of by this order. 3. This appeal against the award of Motor Accident Claims Tribunal is filed by father of the deceased Upender Sardar who was 30 years of age at the time of accident, for enhancement of compensation for his death on 19.7.1997, in a road accident caused by the rash and negligent driving of the offending vehicle. 4. The Tribunal after holding that the accident was caused due to the rash and negligent driving of the offending vehicle and that the deceased had died because of the injuries sustained in the said accident awarded compensation in favor of the appellants. Being aggrieved by the award of the Tribunal, the present appeal has been filed by the appellants for enhancement of compensation. 5. The only point argued by learned counsel for the appellant is that while arriving at the compensation payable to the dependents of the deceased, the Tribunal has not considered the f...


Aug 08 2003

Sh. Maheswari Sardar and ors. Vs. Vijinder Singh and ors.

Court: Delhi

Decided on: Aug-08-2003

Reported in: I(2004)ACC198; 2003VIAD(Delhi)226

S.K. Mahajan, J. 1. ADMIT. 2. With the consent of the parties, matter has been heard and disposed of by this order. 3. This appeal against the award of Motor Accident Claims Tribunal is filed by the parents of the deceased Surender Sardar who was 26 years of age at the time of the accident, for enhancement of compensation for his death on 19.7.1997, in a road accident caused by the rash and negligent driving of the offending vehicle. 4. The Tribunal after holding that the accident was caused due to the rash and negligent driving of the offending vehicle and that the deceased had died because of the injuries sustained in the said accident, awarded compensation in favor of the appellant. Being aggrieved by the award of the Tribunal, the present appeal has been filed by the appellants for enhancement of compensation. 5. The only point argued by learned counsel for the appellants is that while arriving at the compensation payable to the dependents of the deceased, the Tribunal has not cons...


Aug 08 2003

Smt. Sayri @ Mangi and ors. Vs. Vijinder Singh and ors.

Court: Delhi

Decided on: Aug-08-2003

Reported in: I(2004)ACC344; 2005ACJ1083; 2003VIAD(Delhi)337

S.K. Mahajan, J. 1. ADMIT. 2. With the consent of the parties, matter has been heard and disposed of by this order. 3. This appeal against the award of Motor Accident Claims Tribunal is filed by the widow, mother and children of the deceased Shankar Nath for enhancement of compensation for his death on 19.7.1997, in a road accident caused by the rash and negligent driving of the offending vehicle. 4. The Tribunal after holding that the accident was caused due to the rash and negligent driving of the offending vehicle and the deceased died because of the injuries sustained in the said accident awarded compensation in favor of the appellants. Being aggrieved by the award of the Tribunal, the present appeal has been filed by the appellants for enhancement. 5. The only point argued by learned counsel for the appellant is that the Tribunal while arriving at the compensation payable to the dependents of the deceased has not considered the future prospects in the life and career of the deceas...


Aug 08 2003

Smt. Urmila and ors. Vs. Vijinder Singh and ors.

Court: Delhi

Decided on: Aug-08-2003

Reported in: III(2003)ACC557; 2004ACJ2044; 2003VIAD(Delhi)496; 107(2003)DLT335; 2004(72)DRJ498

S.K. Mahajan, J. 1. ADMIT. 2. With the consent of the parties, matter has been heard and disposed of by this order. 3. This appeal against the award of Motor Accident Claims Tribunal is filed by the widow and parents of the deceased Raju for enhancement of compensation for his death on 19.7.1997, in a road accident caused by the rash and negligent driving of the offending vehicle.4. The Tribunal after holding that the accident was caused due to the rash and negligent driving of the offending vehicle and the deceased died because of the injuries sustained in the said accident awarded compensation in favor of the appellants. Being aggrieved by the award of the Tribunal, the present appeal has been filed by the appellants for enhancement. 5. The only point argued by learned counsel for the appellant is that the Tribunal while arriving at the compensation payable to the dependents of the deceased has not considered the future prospects in the life and career of the deceased and has also no...


Aug 08 2003

Vishesh Mathur Vs. Neel Kiran Mathur

Court: Delhi

Decided on: Aug-08-2003

Reported in: 2003VIAD(Delhi)592; 107(2003)DLT217; II(2003)DMC682; 2003(71)DRJ144

R.C. Jain, J. 1. This revision petition under Section 115 CPC is directed against the order of the learned Additional District Judge, Delhi dated 12th March, 2003 thereby disposing of an application under Section 24 of the Hindu Marriage Act (hereinafter referred to as the `Act') filed by the wife claiming maintenance pendente lite and litigation expenses. The application has been allowed and the husband has been directed to pay Rs.5,000/- per month as maintenance pendente lite and Rs.4,000/- as litigation expenses. 2. The petitioner Vishesh Mathur is facing a petition under Section 13(1)(ia) of the Act filed by the wife seeking dissolution of marriage between the parties on the ground of cruelty. The wife moved an application under Section 24 of the Act seeking grant of interim maintenance @ Rs.10,000/- per month and litigation expenses of Rs.20,000/- from the husband with the averments and allegations that she has no independent source of income and she and her daughter, (i.e. daught...


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