Delhi Court January 2012 Judgments
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iffco Tokio Gen. Ins. Co. Ltd Vs. Kusum Pandey and ors
Court: Delhi
Decided on: Jan-13-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 6th January, 2012 Pronounced on: 13th January, 2012 + MAC APP. 457/2011 IFFCO TOKIO GEN. INS. CO. LTD. ...... Appellant Through: Ms. Shantha Devi Raman, Advocate. Versus KUSUM PANDEY and ORS. ...... Respondents Through: Mr. Ajeet Kumar, Proxy for Mr. Kartar Singh, Adv. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J..1. The Appellant impugns the award passed by the Motor Accident Claims Tribunal on 26.02.2011, wherein the Respondent No.1 to 7 herein were granted a compensation of ` 9,73,000 for the death of the of one Brij Kumar Pandey who was aged 48 years..2. On 14.03.2008 the deceased was travelling on his Motorcycle bearing the Registration No. DL-9SF-9716 towards Dwarka; when he reached near MRV School, Sector-13, Dwarka a tractor bearing the Reg. No. HR-26G-2919, driven by the Respondent No.8 (Respondent No.1 before the Tribunal) hit the MAC APP No.457/2011 Page 1 of 5 vehicle of the deceased as a result of whi...
iffco-tokia General Insurance Vs. Gujarat Narmada Valley
Court: Delhi
Decided on: Jan-13-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI #25 + O.M.P. 593/2011 IFFCO-TOKIA GENERAL INSURANCE COMPANY LTD ..... Petitioner Through: Mr. Saurav Agarwal, Mr. Trinath Tadakamalla, Ms. Tine Abrahams, Advocates. versus GUJARAT NARMADA VALLEY FERTILIZERS LTD ..... Respondent Through: Mr. Raj Shekhar Rao, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER % 13.01.2012.1. A short question arises for consideration in the present case in which this court passed a detailed order on 10th August, 2011 as follows:- "This petition has been filed under Section 34 of the Arbitration and Conciliation Act to assail the arbitral Award dated 20.05.2011 passed by an Arbitral Tribunal consisting of Mr. Justice S.C. Agarwal (retd.), Mr. Justice S.P. Bharucha (retd.) and Mr. Justice J.K. Mehra (retd.) By the impugned award, the learned Tribunal has awarded the amount of Rs.6,30,000/- towards cost of reinstatement/relocation of the AN Melt filling station. The Petitioner has also been directed to pay interest on the ...
Oriental Insurance Co. Ltd Vs. Kavita Singal and ors
Court: Delhi
Decided on: Jan-13-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 9th January, 2012 Pronounced on: 13th January, 2012 + MAC APP. 533/2009 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Ms. Manjusha Wadhwa, Adv. versus KAVITA SINGAL and ORS ..... Respondents Through: Mr. R.M. Bagai, Adv. for R-1 to R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J..1. The Appellant Oriental Insurance Co. Ltd. impugns the award dated 20.08.2009 passed by the Motor Accident Claims Tribunal whereby a compensation of ` 1,00,000/- as personal accident insurance cover was awarded in favour of the Respondents No.1 to 3 who are the legal heirs of deceased Vikas Singhal. He died in an accident, which took place on 19.11.2006. The finding that the accident was caused on account of deceased's own negligence is not disputed as the Respondents No.1 to 3 have not filed any appeal or cross- objection against the judgment. The Tribunal relying on the judgment of the Supreme Court in Oriental Insurance Co. ...
M/S Shree Ganesha Enterprises Vs. Sandeep Gullah
Court: Delhi
Decided on: Jan-13-2012
* HIGH COURT OF DELHI : NEW DELHI % Order pronounced on: 13.01.2012 + IA No.17230/2011 and IA No.17646/2011 in CS (OS) No.2683/2011 M/S SHREE GANESHA ENTERPRISES ..... Plaintiff Through Mr. S.K.Bansal, Adv. Versus SANDEEP GULLAH ..... Defendant Through Ms. Prathiba M. Singh, Adv. with Mr. Jaspreet Singh, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J..1. By this order, I propose to decide the applications filed by the parties, i.e. application bearing I.A. No.17230/2011 filed by the plaintiff under Order XXXIX, Rules 1 and 2 read with Section 151 of CPC seeking an ad-interim injunction restraining the defendant from using, advertising or dealing in the impugned trade mark and trade name CITY BANQUETS or any other trade mark which is deceptively similar or identical to the trade mark and trade name CITY BANQUET and CITY PALACE BANQUETS, and another application bearing I.A. No.17646 of 2011 filed CS (OS) No.2683/2011 Page 1 of 20 by the defendant under Order XXXIX, Rule...
Shri Virender Singh Vs. Shri Mangal Singh and ors
Court: Delhi
Decided on: Jan-13-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.595/2003 Reserved on: 4th January, 2012 % Pronounced on: 13th January, 2012 SHRI VIRENDER SINGH ...... Appellant Through: Mr. R.C. Chopra, Advocate. VERSUS SHRI MANGAL SINGH and ORS. ...... Respondents Through: None. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J. MEHTA, J.1. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 31.3.2003. By the impugned judgment, the trial Court has dismissed two suits, one for injunction and the second for possession, filed by late Sh. Tulsi Ram, the appellant/plaintiff No.1 being one of his legal heirs. The original plaintiff-Sh. Tulsi Ram, who expired during RFA No.595/2003 Page 1 of 8 the pendency of the suit, was substituted by his three legal heirs, namely, the appellant Sh. Virender Singh, Smt. Neelam Yadav and Smt. Kamini Yadav. Smt....
Raj Kumari Vs. Preeti Satija and anr
Court: Delhi
Decided on: Jan-13-2012
* HIGH COURT OF DELHI : NEW DELHI + I.A. No.500/2011 in CS(OS) No.85/2010 % Judgment pronounced on: 13.01.2012 RAJ KUMARI .......Plaintiff Through: Mr Nishant Datta, Adv. Versus PREETI SATIJA and ANR. .....Defendants Through: Mr Sudhir Mendiratta, Adv. for D-1. Mr Ankit Jain, Adv. for D-2. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J..1. By this order I shall dispose of the present application filed by the plaintiff under Order XII Rule 6 read with Section 151 of CPC stating that the defendant No.1 has made admission of facts in her written statement..2. The plaintiff has filed the present suit for eviction/ possession, permanent injunction and mesne profits against the defendants in respect of portion of property bearing No.2245, Hudson Lane, GTB Nagar, Kingsway Camp, Delhi - 110 009 (hereinafter referred to as the suit property)..3. The defendant No.1 is the daughter-in-law of the plaintiff and wife of her disowned son, who is defendant No.2 herein. The suit property o...
Sh.Sutesh Kumar Vs. Union of India and anr
Court: Delhi
Decided on: Jan-13-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.6625/1998 % Date of Decision: 13.01.2012 Sh.Sutesh Kumar .... Petitioner Through Mr.Rajat Malhotra, Advocate Versus Union of India and Anr. .... Respondents Through Dr.Ashwani Bhardwaj and Mr.Varun Kumar, Advocates CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MR. JUSTICE J.R.MIDHA ANIL KUMAR, J. * CM No.581/2012 Allowed subject to all just exceptions. Application is disposed of. CM No.580/2012 and RP No.29/2012 By these applications the petitioner has sought the condonation of the delay of three years and 301 days in filing the application for the review of the order dated 29th November, 2007 dismissing the writ petition of the petitioner, on the ground that the said order is liable to be reviewed on account of the alleged relaxation of age and other conditions being granted for the recruitment of drivers. W.P(C) No.6625/1998 Page 1 of 7 The petitioner had sought the quashing of order No.DV-1/93-CC- IV dated 31st May, 1993, whereby ...
Ultra Home Constructions (P) Ltd Vs. Choice Hotels International Inc.
Court: Delhi
Decided on: Jan-13-2012
.* HIGH COURT OF DELHI : NEW DELHI +I.A. No.335/2011 and I.A. No.336/2011 in C.S. (OS) No.2589/2010 % Judgment decided on : 13.01.2012 Ultra Home Constructions (P) Ltd. .......Plaintiff Through: Mr.V. Giri, Sr.Adv. with Mr. Narendra Kumar, Mr. Bipin Kumar, Mr. Rakesh Kumar and Mr. Suresh Chandra Sharma, Advs. Versus Choice Hotels International Inc. and Ors. ........Defendants Through: Mr.K. Datta, Adv. with Mr. Manish Srivastava and Mr. Kapil, Advs. for Defendant No.2 Mr. Mudit Sharma, Adv. with Mr. Moazzam Khan, Adv. for Defendant No.3. Coram: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J..1. By this common order, I propose to decide two applications filed by the defendant Nos.2 and 3 being I.A. No. 335/2011 and IA No.336/2011 which are under Section 5 and 8 of the Arbitration and Conciliation Acts, 1996 (hereinafter referred to as the Act). As the prayer sought by both defendants is same, thus a common order is CS (OS) No.2589/2010 Page 1 of 36 being passed..2. The plaintiff h...
United India Insurance Co. Ltd Vs. Rama Swamy and ors
Court: Delhi
Decided on: Jan-13-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 11th January, 2012 Pronounced on: 13th January, 2012 + MAC APP. 328/2011 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Mr. D.D. Singh Advocate with Mr. Navdeep Singh, Advocate. versus RAMA SWAMY and ORS ..... Respondent Through: Mr. Nitinjya Chaudhry, Adv. with Mr. Aatriya Singh, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J..1. The Appellant United India Insurance Co. Ltd. seeks reduction of compensation of ` 4,35,779/- awarded to the first Respondent in respect of the injuries suffered by him in a motor accident, which took place on 11.08.2006 while the first Respondent was crossing the road..2. The Appellant suffered multiple grievous injuries i.e. compound fracture BB right leg with fracture dislocation of surgical neck right humerus, deep wound and laceration on the left side of the forehead. The first Respondent was removed to AIIMS. He was then shifted to Safdarjung Hospital where he...
Municipal Corporation of Delhi Vs. B.B. Bajaj
Court: Delhi
Decided on: Jan-13-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 196/2010 % Date of Decision: 13 .01.2012 MUNICIPAL CORPORATION OF DELHI .... Petitioner Through Ms. Mini Pushkarna with Mr. Amit Singh, Advocates Versus B.B. BAJAJ .... Respondent Through Mr. Raman Duggal, Advocate CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J. *.1. Present is a petition under Article 226 and 227 of the Constitution of India by which petitioner has challenged impugned order dated 30.07.2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in T.A. No. 800/2009 by which directions have been issued to the petitioners to reinstate the respondent in service with all consequential benefits and 50% of back wages..2. The respondent was appointed as a LDC in MCD on 31.07.1979. He was promoted to the post of UDC on 10.01.1996 and W.P.(C) No. 196/2010 Page 1 of 14 was assigned the duties of Licensing Inspector. At the relevant time, the respondent was posted i...
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