Delhi Court October 2011 Judgments
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Oriental Insurance Co. Ltd. Vs. Shivam Bhagat and ors.
Court: Delhi
Decided on: Oct-03-2011
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 19.12.2007 passed by the Motor Accident Claims Tribunal, New Delhi.2. The material facts relevant for the decision of the present appeal are not in dispute. A claim petition for compensation under Section 166 and 140 of the Motor Vehicles Act, 1988 was filed by the respondents No.1 to 4 claiming compensation for the untimely demise of one Ram Lal Meena in a road accident from the appellant, the respondent No.5 and one Shri Ram Naresh son of Shri Subh Pal Singh, being the insurer, the owner and the driver of the offending vehicle respectively, which was later on converted to a petition under Section 163-A of the Motor Vehicles Act, on an application filed by the respondents No.1 to 4. Subsequently, the name of Shri Ram Naresh Singh, the driver of the offending vehicle was also deleted from the array of parties. The said claim petition was disposed of by the Motor Accident Cl...
Pradeep Vs. State
Court: Delhi
Decided on: Oct-03-2011
1. By the present appeals, the Appellants lay a challenge to the judgment dated 21st August, 2001 passed by learned Additional Sessions Judge convicting the Appellants for offences punishable under Sections 452/395/397/34 IPC and Section 27 of Arms Act and order on sentence dated 21st August, 2011 whereby Appellants were sentenced to undergo Rigorous Imprisonment for 3 years and a fine of Rs. 1,000/-, in default of payment of fine to further undergo Rigorous Imprisonment for one month for offences punishable under Section 452 IPC., Rigorous Imprisonment of 7 years and fine of Rs. 1,000/-, in default of payment of fine to undergo Rigorous Imprisonment of one month under Section 397 IPC. Appellant Salim was also sentenced to undergo Rigorous Imprisonment for three years and to pay a fine of Rs, 500/- and in default of payment of fine to undergo Rigorous Imprisonment of 15 days for offence punishable under Section 27 Arms Act.2. Briefly the prosecution case is that on 8th July, 1999 at ab...
Murari Vs. the State (Nct of Delhi)
Court: Delhi
Decided on: Oct-03-2011
1. These three appeals are filed against the judgment dated 3rd July, 2010 passed in Session's case no.112/06 by the learned Addl. Sessions Judge North District, Delhi, arising out of FIR No.83/06 P.S. Ashok Vihar u/s 363-364-A/302 IPC wherein all the three appellants have been convicted u/s 364-A/302/34 IPC. The appeals are also directed against the order of sentence dated 24th July, 2010 wherein all the three appellants have been sentenced to imprisonment for life and to pay a fine of Rs.1000/- each u/s 364-A IPC and in default of payment of fine to undergo SI for one month. They are further sentenced to imprisonment for life and to pay a fine of Rs.1000/- each u/s 302/34 IPC and in default of payment of fine to undergo SI for one month. It is also ordered that both the sentences shall run consecutively.2. The case of the prosecution is that on 05.02.2006 the complainant Avdesh lodged FIR No.83/06 Ex.PW5/A in police station Ashok Vihar about his son Anuj @ Golu, aged about 10 years, ...
Raj Kumar Vs. the State (Nct of Delhi)
Court: Delhi
Decided on: Oct-03-2011
1. These three appeals are filed against the judgment dated 3rd July, 2010 passed in Session's case no.112/06 by the learned Addl. Sessions Judge North District, Delhi, arising out of FIR No.83/06 P.S. Ashok Vihar u/s 363-364-A/302 IPC wherein all the three appellants have been convicted u/s 364-A/302/34 IPC. The appeals are also directed against the order of sentence dated 24th July, 2010 wherein all the three appellants have been sentenced to imprisonment for life and to pay a fine of Rs.1000/- each u/s 364-A IPC and in default of payment of fine to undergo SI for one month. They are further sentenced to imprisonment for life and to pay a fine of Rs.1000/- each u/s 302/34 IPC and in default of payment of fine to undergo SI for one month. It is also ordered that both the sentences shall run consecutively.2. The case of the prosecution is that on 05.02.2006 the complainant Avdesh lodged FIR No.83/06 Ex.PW5/A in police station Ashok Vihar about his son Anuj @ Golu, aged about 10 years, ...
Managing Committee Frank Anthony Public School and anr. Vs. C.S. Clark ...
Court: Delhi
Decided on: Oct-03-2011
1. These two writ petitions by the Managing Committee (`MC) of the Frank Anthony Public School (`School) and its Principal, Petitioner Nos. 1 and 2 respectively, are directed against the common order dated 22nd June 2000, passed by the Delhi School Tribunal (`Tribunal) allowing the Appeal Nos. 36 and 37 of 1989 filed by Mr. and Mrs. C.S. Clarke respectively holding their dismissal by the School by orders dated 30th July 1989 to be illegal and against the principles of natural justice. While Mr. C.S. Clarke [Respondent No. 1 in W.P. (C) No. 1672 of 2001] was held to be entitled to reinstatement with all consequential benefits, the legal representatives of Mrs. C.S. Clarke [Respondent No. 1 in W.P. (C) No. 1666 of 2001], who expired during the pendency of her appeal in the Tribunal, were held to be entitled to the consequential benefits. 2. While directing notice to issue in the writ petitions on 11th April 2001, this Court recorded the statement of the learned counsel for Respondent No....
M/S. Reckitt Benckiser (India) Ltd. Vs.
Court: Delhi
Decided on: Oct-03-2011
1. Present petition has been filed under Sections 100 to 105 of the Companies Act, 1956 (for short 'Act') read with Rule 46 of the Companies (Court) Rules, 1959 (for short 'Rules, 1959) for confirming the reduction of share capital of the petitioner-company. 2. The relevant facts of the present case are that on 5 th July, 1951, the petitioner-company was incorporated as a public limited company under the name of M/s. Reckitt & Colman of India Limited. On 18th December, 2000, the name of the petitioner-company was changed to M/s. Reckitt Benckiser (India) Limited. 3. Between 14th February, 2003 and 19th May, 2005, the equity shares of petitioner-company were delisted from Bombay, Calcutta and National Stock Exchanges in accordance with Regulation 21(3)(a) of Substantial Acquisition of Shares and Takeovers Regulations, 1997. In fact, in view of the directions received from the said Stock Exchanges, M/s. Reckitt Benckiser Plc's subsidiary company, namely, Lancaster Square Holdings SL...
Harpal Singh Vs. Leela Devi
Court: Delhi
Decided on: Oct-03-2011
1. This petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 has been filed against the order dated 08.12.10 passed by the learned trial court whereby eviction petition under Section 14(1)(e) of the Act filed against the petitioner - tenant by his landlady, respondent herein, in respect of one shop under his tenancy (hereinafter referred to as the tenanted shop) has been allowed and an eviction order has been passed after rejecting his application for leave to contest filed under Section 25B(4) of the Act.2. The respondent -landlady is the owner of the property no. 1/4086, Ashok Marg, Ram Nagar Extension, Mandoli Road, Shahdara, Delhi and the petitioner is the tenant in respect of one shop on the ground floor. The respondent- landlady in her eviction petition had pleaded that her family was of twelve members comprising of herself, her husband, four sons, out of which two were married and have two kids each. The landlady further pleaded that the tenanted shop is required ...
Phoola Rani Vs. Rameshwar Sharma
Court: Delhi
Decided on: Oct-03-2011
1. This petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter called „the Act) has been filed by the petitioner-tenant questioning the correctness of the order dated 18.03.2010 passed by the Additional Rent Controller whereby her application for leave to contest the eviction petition filed by her landlord, respondent herein, under Section 14(1)(e) of the Act has been dismissed and she has been directed to hand over the possession of property bearing no. X-21, West Patel Nagar, New Delhi(hereinafter referred to as the „tenanted shop) to the respondent- landlord. 2. The tenanted shop was let out to the deceased father of the petitioner in the year 1957 by the erstwhile owner thereof from whom the respondent-landlord claims to have purchased it in the year 1992. The respondent-landlord had pleaded in para 18(a) of the eviction petition, which was filed on 2nd June, 2009, about his requirement of the tenanted shop and the relevant averments are as unde...
Shambhu Dayal Sharma Vs. Mcd and ors.
Court: Delhi
Decided on: Oct-03-2011
1. The petition as originally filed claiming the relief of quashing the election held on 20th April, 2011 of the respondent no.4 Ms. Rajni Abbi to the post of Mayor, Delhi Municipal Corporation was found to be incomplete and inadequate and permission granted to amend the petition. Though a proposed amended petition was filed but opportunity to further amend the petition was sought and was also granted. Proposed amended petition dated 1st June, 2011 has been filed. However since the notice of the petition had not been issued, though the counsels for the respondent no.1 MCD, respondent no.2 UOI and respondent no.4 Ms. Rajni Abbi were appearing on advance notice and were opposing even the amendments sought, and finding the controversy entailed to be purely legal, with consent, the counsels were finally heard on the averments in the last proposed amended petition dated 1st June, 2011. 2. The petitioner claims to be one of the Councillors of MCD. It is his case, that the respondent no.4 is ...
National Insurance Co. Ltd. Vs. Smt. Durgesh Nandini Sharma and ors.
Court: Delhi
Decided on: Oct-03-2011
1. By this common judgment, it is proposed to decide the aforesaid cross appeals filed against the judgment and award of the Motor Accidents Claims Tribunal dated 21.05.2001, whereby and whereunder a sum of ` 1,24,800/- (inclusive of the interim award) along with interest @ 9% per annum from the date of the order of the learned Tribunal till realisation was awarded to the claimants, being the legal representatives of the deceased Shri Upendra Nath Sharma, who died in a road accident on 04.06.1983.2. The factual matrix is that one Upendra Nath Sharma lost his life in a road accident which took place on 4th June, 1983 when he was hit by bus No.DEP-4624 plying on route No.760 under DTC operation, which was being driven rashly and negligently by its driver. It is not in dispute that on the date of his death, the deceased was 38 years of age and was working as a Manager in M/s. Fair Lights, CB196/2, Sadar Bazar, Delhi Cantt., on a monthly remuneration of ` 800/- per month. On his unfortunat...
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