Delhi Court July 2011 Judgments
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The New India Assurance Co. Ltd. Vs. Raj Kumar and ors.
Court: Delhi
Decided on: Jul-18-2011
1. By way of the present appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant, an Insurance Company, seeks to impugn the judgment and order dated 07.02.2007 passed by the Motor Accidents Claims Tribunal, Delhi in claim petition No.181/2003. 2. The challenge in the appeal is within a very narrow compass. The appeal against the respondents No.1 to 5, who were the claimants in the claim petition, was dismissed at the initial stage and the appeal was admitted only on the limited issue as to whether the appellant is entitled to recovery rights against the respondents No.6 and 7, viz., the driver and the owner of the offending vehicle, being a TSR bearing No.DL-1R-F-4018, the rash and negligent driving of which had resulted in the death of Smt. Veero Devi, wife of late Shri Sadhu Ram while crossing the old Rohtak Road in front of the Main Market, Kishan Ganj, New Delhi. 3. The respondents No.6 and 7 despite service by publication of summons did not choose to appear to cont...
Delhi Anusuchiit Jaati Vikas Sanghtan Vs. Govt.of Nct of Delhi and ors ...
Court: Delhi
Decided on: Jul-18-2011
1. WP(C) 496/2010 has been filed seeking direction to the respondents to complete the process of signing of the MOU for management of Panchayat Ghar/Raigar Choupal at C-Block, Phase-II, Nangloi, Delhi with the petitioner. An application being CM.No.2956/2011 has been filed by Sh. Ram Avta Meghwal and Shri Rohtas Singh for impleadment, also claiming that the MOU should be signed with M/s Jan Kalyan Aur Manav Vikas Sangathan (Regd.). 2. Mr. Waziri, counsel for the respondent GNCTD states that as per the prescribed norms a decision has been taken as to who should be entrusted with the management of the Panchayat Ghar/Raigar Choupal and with which person(s) the MOU in this regard should be executed. He further states that it has been decided to hand over the management of Panchayat Ghar/Raigar Choupal to Janta Kalyan Manch (JKM) (Regd.), C-25, Camp No.2, Nangloi, Delhi - 110 041. 3. The counsel for the petitioner however states that the said JKM is an organization of the local MLA Sh. Mano...
Bajaj Allianz General Insurance Co. Ltd. Vs. Akram HussaIn and ors.
Court: Delhi
Decided on: Jul-18-2011
1. This appeal is directed against the judgment and award dated 20.03.2009 passed by the Motor Accident Claims Tribunal, whereby and whereunder compensation in the sum of `2,32,000/- was awarded to the respondent No.1 on a claim petition preferred by him under Section 166 read with Section 140 of the Motor Vehicles Act, 1988. 2. With the consent of the parties, the appeal was taken up and heard at the admission stage. 3. Before adverting to the legal submissions of the parties, a few facts may be delineated so as to afford a factual background to the legal submissions sought to be urged. A claim petition was preferred by the respondent No.1 - Shri Akram Hussain claiming compensation for the grievous injuries sustained by him consequent to the motorcycle bearing No. DL-8-SU-5274 hitting his scooter from behind. It was alleged in the claim petition that the accident was the result of the fast speed, and the rash and negligent manner in which the offending motorcycle was being driven. The...
Smt. Tara Devi and ors. Vs. Sh. Sunil Kumar Sharma and ors.
Court: Delhi
Decided on: Jul-18-2011
1. By way of this appeal, the appellants seek to assail the judgment and award dated 9th April, 2002 passed by the Motor Accidents Claims Tribunal on the ground that a very meagre and inadequate compensation has been awarded to them for the death of their only son in a motor vehicular accident. 2. The facts relevant for the disposal of the appeal are that on 14 th June, 1995, Jeevan Singh, aged 21 years, was travelling in a bus bearing No.DL-1P 2741 and while alighting from the said bus at NDSE, Part 1, Ring Road, New Delhi, he sustained grievous injuries on account of the rashness and negligence of the driver of the said bus who started the bus all of a sudden, as a result of which the boy fell down and came under the left front wheel of the bus. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed by his parents seeking compensation to the tune of ` 10 lakhs for his untimely demise. The said claim petition was not contested by the driver and owner of the offen...
Sunil Vs. State
Court: Delhi
Decided on: Jul-18-2011
1. The present appeal is directed against the judgment and order on sentence both dated 06.08.1996 delivered / passed by the Additional Sessions Judge, New Delhi in Sessions Case No. 82/1996 arising out of FIR 405/1991 registered at Police Station Vinay Nagar, under Section 302/34 IPC. Initially, there were three persons who were charged for having committed the offence punishable under Section 302/34 IPC. They were Sunil (the present appellant), Jagbir and his father Asha Ram. Jagbir and Asha Ram were acquitted by the learned Additional Sessions Judge by holding that in view of the evidence led by the prosecution, the involvement of Asha Ram and Jagbir in committing the murder of Balraj is suspect and that the prosecution had failed to prove their involvement beyond a shadow of doubt. The present appellant Sunil was, however, convicted for committing the murder of Balraj. By virtue of the impugned order on sentence, the learned Additional Sessions Judge, sentenced the appellant Sunil ...
Commissioner of Income-tax Vs. M/S Cosmo Films Limited
Court: Delhi
Decided on: Jul-18-2011
1. This appeal under Section 260-A of the Income-tax Act, 1961 (hereinafter referred to as „the said Act) has been preferred by the revenue being aggrieved by the judgment and / or order dated 22.02.2008 passed by the Income-tax Appellate Tribunal in revenues appeal being ITA No.4516/Del/2003 pertaining to the assessment year 1996-97, inasmuch as the Income-tax Appellate Tribunal had dismissed the appeal of the revenue on the ground that the Commissioner of Income-tax (Appeals) had erred in deleting the addition of ` 2,30,40,000/- made on account of depreciation. The Assessing Officer by virtue of his assessment order dated 29.03.2001 had disallowed the claim of the respondent / assessee with regard to 100% depreciation on the equipment purchased by it from the Haryana State Electricity Board (hereinafter referred to as „HSEB), which was already installed at the said Boards Thermal Power Station at Faridabad and immediately thereupon leasing the said equipment back to the H...
Madan Lal Mishra and ors. Vs. Abdul Khalid Khan and ors.
Court: Delhi
Decided on: Jul-18-2011
1. This appeal is directed against the judgment and award dated 1st April, 1998 passed by the Motor Accidents Claims Tribunal in Case No.256/94, whereby a sum of ` 2,37,000/- with interest at the rate of 12% per annum from the date of filing of the petition was awarded to the appellants for the untimely demise of one Sanjay Mishra, who died in a motor vehicular accident. 2. The appellants are the claimants in the claim petition. The background facts briefly delineated are as follows. 3. On 14.02.1994 at about 1.15 p.m., an accident involving two vehicles, one being TVS No.DBX-1861 and the other being truck No.DL-1G-A 1845, took place. The TVS was admittedly coming in the direction of the East towards Karawal Nagar. The truck was moving in the opposite direction, that is, towards the West. The TVS was driven by the deceased Sanjay Mishra, age 22 years, with his maternal grandmother Smt. Kalawati riding pillion. Allegedly, the accident occurred due to the rash and negligent driving of t...
Societe General Vs. Daewoo Motors India Ltd.
Court: Delhi
Decided on: Jul-15-2011
1. This application filed on behalf of the employees of the Company -in-liquidation for ad hoc payment of their wages as an interim relief pending consideration of various issues involved in the main matter. 2. The relevant facts appearing from the record and the submissions made during the course of hearing are that in some proceedings initiated by ICICI Bank before the DRT - III, Mumbai being (O.A. No. 162/2002) in the year 2002 for recovery of its money from the Company in liquidation its claim was decreed on 31-08-2004 and in execution proceedings by the Recovery Officer some property of the Company in liquidation was sold through private sale. As per the present applicant, the property was sold in the year 2007for a sum of Rs. 765/- crores and out of that amount a sum of Rs.50 crores was earmarked by the Recovery Officer towards workers' claim. These facts are not in dispute. 3. The prayer made by the workers of the Company in liquidation for disbursement of the amount of ` 50 cr...
Const.Om Prakash Vs. Uoi and ors.
Court: Delhi
Decided on: Jul-15-2011
1. After an inquiry was held against him post issuance of a charge sheet, the petitioner was visited with a penalty of compulsory retirement. It be noted that the petitioner had rendered 22 years service and this appears to be the reason why penalty of compulsory retirement was inflicted upon the petitioner for the reason he earns a pension. 2. Departmental remedies against the penalty order having not resulted in any benefit to the petitioner, being turned down; instant petition was filed. 3. The charge against the petitioner was that on 13.8.1993 he disregarded lawful orders of his superior, ASI Sri Bhagwan Singh by not performing escort duty on passenger train 3/4 NP and using un-parliamentary language against ASI Sri Bhagwan Singh and as also threatening to physically assault him. 4. The Inquiry Officer has held that the first limb of the charge, that the petitioner disregarded lawful orders, has not been proved. 5. It was thus urged by learned counsel for the petitioner that if it...
Avtar Singh Grewal Vs. Union of India
Court: Delhi
Decided on: Jul-15-2011
1. In this writ petition, the petitioner has prayed that the order dated 19.07.2010 passed by the learned ACMM, New Delhi directing the detention of the petitioner pursuant to the inquiry report dated 09.07.2010 be set aside and the petitioner be set at liberty. The impugned inquiry report dated 09.07.2010 was made by the learned ACMM under the provisions of The Extradition Act, 1962 (hereinafter referred to as „the said Act). The impugned order dated 19.07.2010, whereby the petitioner, being a fugitive criminal, was committed to prison to await the orders of the Central Government, was also passed pursuant to the inquiry report under the said Act. 2. Mr K.T.S. Tulsi, the learned senior counsel, appearing on behalf of the petitioner, has challenged the said order on three counts. The first ground is based on the doctrine of "Speciality" and specifically on Section 31(1)(c) of the said Act. It was argued that the State of Arizona in the United States of America, where the petition...
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