Delhi Court December 2007 Judgments
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Saint-gobaIn Diamant Winter Ltd. Vs. Jagdamba Marbles and ors.
Court: Delhi
Decided on: Dec-03-2007
Reported in: I(2008)BC663
Shiv Narayan Dhingra, J.1. This appeal has been preferred against the order of learned Metropolitan Magistrate dated 26th March, 2004 whereby the learned MM recalled its summoning order dated 16th July, 2001 asking the accused persons to face the trial under Section 138 of Negotiable Instruments Act (for short 'the Act'), on an application under Section 245, Cr. P.C moved by the accused persons. Section 245, Cr. P.C reads as under:245. When accused shall be discharged.-(1) If, upon taking all the evidence referred to in Section 244 the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.1.1. A bare reading of above two sections make ...
Smt. Roopa Talwar and ors. Vs. Sh. Paramjit Singh and ors.
Court: Delhi
Decided on: Dec-03-2007
Reported in: 2008ACJ2694
Kailash Gambhir, J.1. By way of this appeal, the appellants seek to challenge the impugned award mainly on three grounds. Firstly, the tribunal has not correctly assessed the income of the deceased, secondly, the tribunal has not considered the grant of future prospects and thirdly, the tribunal has awarded future interest at the rate of 4% from the date of the award till realization.2. Before adverting to deal with the contentions of the parties, it would be appropriate to give brief facts of the case as under:On 11.5.2002, the deceased Sh. Harish Talwar was going to Kapoorthala to bring his family in Maruti van bearing registration No. DL 6C E 2251. When he reached near Friends Cattle Feed Factory, a truck bearing registration No. PB 09 4143 came from opposite direction, rashly and negligently and collided with the said Maruti van resulting in causing damages to the van and also injuries to Sh. Harish Talwar who later succumbed to his injuries at Kapurthala Civil Hospital.3. I have h...
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