Delhi Court December 2011 Judgments
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Bajaj Allianz General Vs. Gita Devi and ors
Court: Delhi
Decided on: Dec-14-2011
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:28th November, 2011 Pronounced on:14th December, 2011 + MAC APP. 105/2011 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Rameeza Hakeem, Adv. Versus GITA DEVI and ORS. ..... Respondents Through: Mr. Anshuman Bal, Adv. for Respondents No.1 to.6. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J..1. The Appellant Bajaj Allianz General Insurance Co. Ltd. impugns the award dated 13.12.2010 passed by the Motor Accident Claims Tribunal on the ground that the compensation granted is excessive and arbitrary..2. This case relates to the death of one Joginder @ Yogender Singh, who was aged 29 years (as per matriculation certificate and Voter ID card) at the time of the accident, which took place on 16.01.2010. The deceased was survived by a widow, three children and his parents. In the claim petition filed before the Tribunal Respondents No.1 to 6 claimed that the deceased was a MAC APP 105/2011 Page 1 of 6...
Durga Shaw and anr Vs. State Nct of Delhi
Court: Delhi
Decided on: Dec-14-2011
* IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl. Rev.P. No. 290/2009 and Crl.M.A. 5780/2009 (stay) % Reserved on: 30th November, 2011 Decided on: 14th December, 2011 DURGA SHAW and ANR. ..... Petitioners Through: Mr. K.K. Manan, Mr. Mustafa Arif, Mr. Abhimanyu Dhawan, Mr. Nipun Bhardwaj, Advs. versus STATE NCT OF DELHI ..... Respondent Through: Mr. Manoj Ohri, APP for State with ASI Anand Parkash PS Delhi Cantt. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA.1. By the present petition the Petitioners challenge the orders dated 19th March, 2009 directing framing of charges under Section 498A/306/34 IPC and framing charge against the Petitioners..2. Learned counsel for the Petitioner contends that the deceased left no dying declaration. The FIR was registered on the statement of the mother recorded next day after the death of the deceased. On the day of death statement of a neighbour Rita Bamrada was recorded who stated that she had heard no quarrel between these people. Even taking the FIR on i...
Ravinder Singh Vs. State
Court: Delhi
Decided on: Dec-14-2011
$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.1262/2011 and Crl.M.A.4676/2011(stay) % Judgment delivered on:14th December, 2011 RAVINDER SINGH ..... Petitioner Through : Mr.Parvinder Chauhan, Adv. versus STATE ..... Respondents Through : Mr.Navin Sharma, APP for State Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral).1. Instant case is loaded with long history, which is being filed to assail the impugned order dated 25.10.2010 passed by learned Additional Sessions Judge - 03, Outer, Rohini Courts, Delhi whereby the order dated 13.08.2009 passed by learned Metropolitan Magistrate was set aside and further directed to the extent that petitioner herein is liable to be summoned tried and punished for the offences under Section 3 (1) (viii) of the SC and ST (Prevention of Atrocities) Act, 1989, as at the stage of summoning of the accused the learned MM has to see the prima facie case only. The MM at the stage of summoning of the accused is n...
Pradeep Kumar Singh Vs. Union of India and anr
Court: Delhi
Decided on: Dec-14-2011
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.8213/2011 % Date of Decision: 14.12.2011 Pradeep Kumar Singh .... Petitioner Through Mr.Ranjeet Kumar, Advocate. Versus Union of India and Anr. .... Respondents Through Mr.Rajinder Nischal, Advocate CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA ANIL KUMAR, J. * CM No.18510/2011 Allowed subject to all just exceptions. WP(C) No.8213/2011.1. The petitioner has sought quashing of order dated 18th July, 2007 dismissing him from the service and direction to the respondents to reinstate the petitioner into service without prejudice to any of his rights and contentions..2. The petitioner has contended that he was posted at 176th Battalion CRPF when he was dismissed from service by order dated 18th July, 2007 passed by the Commandant, 176th Battalion, CRPF, Greater WP(C) No.8213/2011 Page 1 of 13 Noida. The petitioner alleged that he was appointed as constable and he had been performing his duties to the post...
Stephen Koenig Vs. Arbitrator, National Internet
Court: Delhi
Decided on: Dec-14-2011
IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P.132. of 2007 Reserved on: November 24, 2011 Decision on: December 14, 2011 STEPHEN KOENIG ..... Petitioner Through: Mr. Shrawan Chopra with Ms. Kruttika Vijay and Ms. Saukshmya T., Advocates. versus ARBITRATOR, NATIONAL INTERNET EXCHANGE OF INDIA (NIXI) and ANR ..... Respondents Through: Mr. Sushant Singh with Mr. Prakash Arya, Ms. Vasundhara Pathak Masoodi and Mr. V.K. Shukla, Advocates. With O.M.P. No.928. of 2011 (Arising out of transferred Suit No.209. of 2006) JAGDISH PUROHIT ..... Petitioner Through: Mr. Sushant Singh with Mr. Prakash Arya, Ms. Vasundhara Pathak Masoodi and Mr. V.K. Shukla, Advocates. versus STEPHEN KOENIG .... Respondent Through: Mr. Shrawan Chopra with Ms. Kruttika Vijay and Ms. Saukshmya T., Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 14.12.2011 Introduction.1. The dispute regarding the domain name 'internet.in' forms the subject O.M.P. No.132 of 2007 Page 1 of 27 matter of the present petitions under Section...
Oriental Insurance Co. Ltd Vs. Kaushalya Devi and ors
Court: Delhi
Decided on: Dec-14-2011
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12th December, 2011 Pronounced on: 14th December, 2011 + MAC APP. 19/2005 ORIENTAL INSURANCE CO. LTD. ...... Appellant Through: Mr. Joy Basu, Advocate. Versus KAUSHALYA DEVI and ORS. ..... Respondents Through: Mr. Dev Dutt, Advocate for R-5. + MAC APP. 34/2005 ORIENTAL INSURANCE CO. LTD. ...... Appellant Through: Mr. Joy Basu, Advocate. Versus SUBHA WATI DEVI and ORS. ..... Respondents Through: Mr. Dev Dutt, Advocate for R-5. + MAC APP. 37/2005 ORIENTAL INSURANCE CO. LTD. ...... Appellant Through: Mr. Joy Basu, Advocate. Versus KHURSHID and ORS. ..... Respondents Through: Mr. Dev Dutt, Advocate for R-5. + MAC APP. 38/2005 ORIENTAL INSURANCE CO. LTD. ...... Appellant Through: Mr. Joy Basu, Advocate. MAC APP 19/2005 Etc. Page 1 of 16 Versus SMT. RAJ KUMAR and ORS. ..... Respondents Through: Mr. Dev Dutt, Advocate for R-5. + MAC APP. 39/2005 ORIENTAL INSURANCE CO. LTD. ...... Appellant Through: Mr. Joy Basu, Advocate. Versus MOHD. HAM...
Coal India Ltd. and anr Vs. Continental and Eastern Agencies
Court: Delhi
Decided on: Dec-14-2011
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on : 8th December, 2011 % Judgment delivered on : 14thDecember, 2011 + RFA (OS)37/2003 COAL INDIA LTD. and ANR. ....Appellants. Through: Mr.Anip Sachthey with Mr.Mohit Paul and Ms.Shagun Matta, Advocates versus CONTINENTAL and EASTERN AGENCIES .....Respondents Through: Mr.A.B.Dial,Sr.Adv. with Ms.Ananya Datta, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J..1. Appellants have filed the present appeal against the Judgment and decree dated 20.5.2003 passed by learned Single Judge whereby suit for recovery of `5,89,434/- filed by the respondent was decreed for a sum of `2,92,977.46 paisa only..2. The respondent filed the suit for recovery of `5,89,434/- towards agent commission against the appellants claiming himself to be an agency of defendant No.3 (in the suit) an Italian Company, in India. Appellants floated a global tender for purchase of two hydraulic Crankshaft Grinding Machi...
United India Construction Vs. Bharti Infotel Ltd
Court: Delhi
Decided on: Dec-14-2011
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17th November,, 2011 Pronounced on: 14th December, 2011 + C.M. (M) 872/2010 UNITED INDIA CONSTRUCTION and COMMUNICATION PVT. LTD. ..... Petitioner Through: Mr. Pradeep K. Bakshi, Adv. Versus BHARTI INFOTEL LTD. ..... Respondent Through: Mr. P. S. Bindra, Adv. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J..1. The Petitioner United India Construction and Communication Pvt. Ltd. impugns the order dated 14.05.2010 passed by the learned Addl. District Judge whereby application under Section 8 of the Arbitration and Conciliation Act, 1996 filed by the Petitioner (Defendant before the Trial Court) was dismissed..2. The facts of the case are not in dispute. There was an agreement dated 08.03.2001 between the parties whereby the Appellant being a sub-contractor was to carry out the work for installation of Local Access and Transport Network together with C.M.(M) 872/2010 Page 1 of 8 laying of copper/ OFC cables and related ...
Bhupender Sharma Vs. M/S.National Panasonic India
Court: Delhi
Decided on: Dec-14-2011
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 14, 2011 + RFA(OS) 76-77/2011 BHUPENDER SHARMA ..... Appellant Through: Mr.Y.R.Sharma, Advocate and Mr.A.P.Aggarwal, Advocate. versus M/S.NATIONAL PANASONIC INDIA PVT. LTD. ....Respondent Through: Mr.Anil K.Kher, Senior Advocate with Mr.D.R.Bhatia, Advocate and Mr.Siddharth Jain, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE S.P. GARG PRADEEP NANDRAJOG, J. (Oral).1. The decree passed against the appellant and in favour of the respondent concludes as under:- "22. In view of the aforesaid findings, the suit is decreed with costs against the defendant for a sum of `98,18,303.32 with interest @9% per annum, with effect from 10th July, 2001 till realization. However, it would be open for the defendant to proceed against M/s.Shreeyak through its proprietor by invoking Section 223 of the Indian Contract Act in respect of the decreed amount. Decree sheet be drawn accordingly.".2. Section 223 of ...
Jai Kanwar Tyagi and anr Vs. Satnam Singh and ors
Court: Delhi
Decided on: Dec-14-2011
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 28th November, 2011 Pronounced on: 14th December, 2011 + MAC APP. 805/2006 JAI KANWAR TYAGI and ANR. ..... Appellants Through: Mr. K. S. Bana, Adv. Versus SATNAM SINGH and ORS. ..... Respondents Through: Mr. Mohan Babu Agarwal with Mr. H. C. Agarwal, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J..1. The Appellants impugn the award dated 06.12.2005 passed by the Motor Accident Claims Tribunal (the Tribunal) whereby a sum of ` 63,200/- was awarded as compensation in respect of the injuries received by Jitender Kumar in an accident, which took place on 19.04.1996..2. Deceased Jitender Kumar joined as a Constable in Delhi Police on 13.12.1993. He was aged 25 years and was getting a salary of ` 3,125/- on the date of his accident, which was revised retrospectively on account of grant of 5th Pay Commission by the Central Government to its employees (w. e. f. 01.01.1996). MAC APP 805/2006 Page 1 of 9 The Tri...
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