Delhi Court May 2008 Judgments

Sh. Vijay Kumar Tiwari Vs. the State and anr.

Court: Delhi

Reported in: 151(2008)DLT513; 2008(105)DRJ524

Pradeep Nandrajog, J.1. Challenge is to the order dated 15.09.2007 passed by the Court of Additional District Judge, where the appellant remained unsuccessful in convincing the Learned. Judge about the genuineness of a Will, marked 'X' dated 01.02.1991. 2. Late Smt. Jitni Devi (hereinafter to be referred as testatrix) is said to have executed a will on 1st February 1991 under which she purportedly left her entire property in favor of the appellant. The will completely excludes the only natural-born child of the testatrix i.e. a daughter named Smt. Subhadra Kumari. She is the objector to the will in question for which probate has been sought. 3. Facts of the instant case reveal and neither side is at dispute over the point that testatrix was suffering from a lung disease and was admitted in the hospital at Ballia, Uttar Pradesh on 26th January, 1991 i.e. 4-5 days before she is said to have executed the will, and that she died on 4.2.1991 i.e. 3 days after execution of the will.4. The cr...

inder SaIn JaIn Vs. New India Assurance Company and ors.

Court: Delhi

Reported in: 2009ACJ2056; 2008(104)DRJ195

V.B. Gupta, J.1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as the 'Act') has been filed against the award dated 22.05.03 passed by Sh. O.P. Gupta, Judge, Motor Accident Claims Tribunal (for short as the 'Tribunal'), Karkardooma, Delhi.2. The brief facts leading to the dispute are that on 19.03.97, the appellant was traveling in Maruti Car No. D1-7C-1924 with Vikas Jain (owner) and driven by Prem Dutt Pant. They were going from Bhola Nath Nagar, Shadra to Rewari (Haryana) in connection with business. The car was being driven at a very normal speed and on the left side of the road. When they reached near Rathi Vas More on National High Way No. 8, near Bilaspur Police Station, Gurgaon, a Truck No. HP-24-0955 came in a rash and negligent manner at a very high speed in utter disregard of the traffic rules and without any care and caution from the opposite direction from Dharuhera side. The said truck colluded against aforesaid Maruti Car. Appellant sust...

Smt. Sudershan Sharma W/O Late Vs. Government of Nct of Delhi Through

Court: Central Administrative Tribunal CAT Delhi

1. I.S.Sharma, Divisional Officer in the Moti Nagar Fire Station of Delhi Fire Service died in harness at 0045 hours on 25.5.2003. Smt.Sudershan Sharma and Hemlata Sharma, wife and daughter of the deceased officer, have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking a direction to be issued to the respondents to implement OM dated 11.9.1998 and in consequence thereof, to give the applicants ex gratia lump sum compensation of Rupees five lakhs along with interest calculated at the rate of 18% per annum. The question that arises for determination in the present Application is as to whether death of I.S.Sharma occurred in actual performance of bona fide official duties and a causal connection has been established between the occurrence of death and government service, or as to whether the death has neither occurred in actual performance of bona fide duties nor has a causal connection and nexus with government service. Surely, with a vie...

Dr. Manoj Singhania Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 150(2008)DLT513; 2008(103)DRJ464

Anil Kumar, J.1. The petitioner has challenged the order dated 3rd May, 2007 of Medical Director, Northern Railway terminating petitioner's attachment as DNB 3rd year candidate in the department of Medicine, Northern Railway, Central Hospital, New Delhi with effect from 3rd May, 2007.2. Brief facts to comprehend the controversies between the parties are that the petitioner is a Doctor and he was selected as a Diplomat of National Board Training Course by the Medical Director, Northern Railways, Central Hospital, New Delhi. He was offered the DNB course in internal medicine under the said hospital and the factum of his selection was communicated by the respondent Nos. 1 to 3 to the National Board of Examination, respondent No. 4.3. The petitioner asserted that DNB training consists of three years period and on completion of this period, examination is held by National Board of Examination which is functioning under the Ministry of Health and Family Welfare. The successful candidates are...

Delhi Development Authority Vs. Rajbir Singh

Court: Delhi

Reported in: 150(2008)DLT725; 2008(105)DRJ483

1. This appeal by the Delhi Development Authority ('DDA') is directed against the order dated 25th February, 2004 passed by the learned Single Judge of this Court disposing of Writ Petition (Civil) No. 7693 of 2003 filed by the respondent.2. The case of the respondent writ petitioner before this Court was that he was absolute owner of land measuring 6 bighas and 17 bids was in Village Khora Loni in Uttar Pradesh by virtue of a sale deed dated 21st April, 1987 and that this land was adjoining the land forming part of Khasra Nos. 413, 414, 415 and 425 of Village Gharoli, Delhi which had been acquired by the DDA. The positive claim of the appellant was that land owned by him is in Ghaziabad in the State of UP. According to him a demarcation exercise undertaken in 1983 confirmed this. The respondent claimed that in 1999 the DDA had unautorisedly encroached on his land although it did not form part of the land acquired by the DDA. 3. Consequently, the respondent applied to the Sub Divisiona...

Smt. Ram Rati W/O. Late Sh. Hukum Chand and ors. Vs. Sh. Ram Kumar S/O ...

Court: Delhi

Reported in: 2009ACJ1719

V.B. Gupta, J.1. The present appeal under Section 173 of the Motor Vehicles act, 1988 (for short as the 'Act') has been filed against the award dated 3.11.03 passed by Sh. Girish Kathpalia, Judge, Motor Accident Claims Tribunal (for short as the 'Tribunal'), Delhi for seeking the enhancement of the compensation.2. The brief facts leading to the dispute are that on 26.10.96, Sh. Hukum Chand, deceased was returning from Dehradun in a bus. When the bus reached near police Post, Siyani Gate, Ghaziabad (U.P.), a truck No. RSF 1692 which was being driven by Respondent No. 2, came from the opposite direction and after jumping the divider, the offending truck came on wrong side of the road and hit the bus head on, causing injuries to the deceased who died on the spot. The offending truck is owned by Respondent No. 1 and it is insured with Respondent No. 3. 3. Vide impugned judgment, the Tribunal awarded the amount of compensation as Rs. 3,07,664/- along with the interest @ 12% per annum from t...

Jaypee Brothers Medical Publishers (P) Ltd. Vs. Dr. Ramya Raghu and or ...

Court: Delhi

Reported in: LC2008(3)14; 2008(38)PTC79(Del)

Manmohan Sarin, J.1. The Appellant, M/s. Jaypee Brothers Medical Publishers (P) Ltd. has preferred this appeal being aggrieved by impugned order dated 27th February, 2008 passed by learned Single Judge by which the interim ex-parte stay granted by learned Single Judge was vacated/modified. The order passed is a short one and is reproduced for facility of reference :27.02.2008Present: Mr. Jagdish Sagar for the plaintiff.Ms. Pratibha M. Singh for the defendants.+/As No. 4247/2007 (under Order 39 Rules 1 and 2 CPC)&6613/2007 (under Order 39 Rule 4 CPC) in CS(OS) No. 677/2007This Court vide its interim order passed on 23.04.2007 had restrained the defendants from selling, distributing or in any other manner exploiting the book 'Clinically Operative Dentistry (Principles and Practice)' authored by defendants No. 1 and 4 and published by defendants No. 2 and 3. This interim order is still continuing till date though an application for vacating the said interim order filed by the defendants i...

Kinetic Engineering (P) Ltd. and Another Vs. Santosh Kumar Prasad

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

J.D. Kapoor, President (Oral): 1. On account of having sold highly defective motorcycle and also having represented as to the average of 92 kms whereas it hardly gave average of 55 kms, the appellant has been vide impugned order dated 5.8.2005, directed to replace the motorcycle and to pay Rs. 5,000 as compensation towards harassment and Rs. 2,000 as cost of litigation. 2. Feeling aggrieved the appellant has preferred this appeal. 3. Allegations of the respondent leading to the impugned order in brief were that he purchased a Kinetic Motor Cycle model Velocity bearing registration No. DL 3S AH 4928 from appellant No. 2 for Rs. 40,792 on 24.10.2003. He was assured that the motorcycle will give an average of 92 kms for 1 Ltr. Petrol and that it has excellent pick up. In case of any manufacturing problem the vehicle would be replaced by the appellant No. 1. After about one month of its purchase, respondent found that vehicle was heating up even on driving for a few minutes and its pick up...

Devraj Sharma and Another Vs. Klm North West Airlines

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

J.D. Kapoor, President (Oral): 1. Limited grievance of the appellant against the impugned order dated 9.1.2008, is that the District Forum has not considered the terms and conditions mentioned on the jacket of the air ticket under the title Domestic Luggage Liability Limitation providing that the liability is limited to US D 2800 per passenger unless a higher value has been declared and additional charges paid and has only relied upon the affidavit of General Manager of the respondent to the effect that under Carriage by Air Act the liability limit is US D 20 per kg for checked baggage and US D 400 per passenger for unchecked baggage and the Airline baggage liability can be upto US D 1250 per passenger. 2. We have perused the impugned order closely and find that the District Forum has not at all referred to the terms and condition of the contract printed on the jacket of the ticket which is a concluded contract and has only accepted the affidavit of the respondent whereby the airlines ...

Rakesh K. Dhawan and Others Vs. Union of India and Others

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Mr. Justice J.D. Kapoor, PresidentWhenever there is chaos, may be of any kind in any field in this city every authority starts passing the buck onto each other. It is rightly said that too many cooks spoil the broth. May be this is the price capital city has to pay for having multiplicity of authorities. 2. At the outset we feel constrained to observe that year after year Municipal Corporation of Delhi makes tall claims of cleansing and de-silting of drains of the city that are about 1296 in number which are more than four feet in depth and width spending crores of rupees but every time whenever there is little heavy rains, most of the roads get water-logged due to overflowing drains as life of entire city goes haywire. MCD made tall claims before us by filing a highly detailed affidavit in the year 2006 projecting that it had de-silted and cleansed all the drains and nullahs by keeping all the 96 pumping stations functional around the year and also deploying portable pumps and by sett...