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Delhi Court November 2012 Judgments

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Nov 27 2012

Kapri Intl Pvt Ltd Vs. ----

Court: Delhi

Decided on: Nov-27-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:27th November, 2012 % + CO.PET. 59/1994 IN THE MATTER OF KAPRI INTL. PVT. LTD. Through ..... Petitioner Ms. Meenakshi Singh, Adv. for the Liquidator. Mr. Muneesh Malhotra, Adv. for ex-management. Mr. Rahul Kaushik, Adv. for Central Excise Department. Mr.Rajesh Jain, Adv. for the petitioner. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) Co. Application No. 477/2011 1. This is an application filed by the Liquidator seeking direction qua the Central Excise, Ghaziabad (hereinafter referred to as the Department) to recall the order of interest of Rs.267.73 lacs; submission being that the company (M/s Kapri International Pvt. Ltd.now in liquidation) is not liable to pay any interest; the principal amount of Rs.1,68,82,344/- be accepted by the Department in full and final settlement of his claim.2. Pleadings are complete.3. Record has been perused.4. There were seven adjudication orders which have been passed by t...


Nov 27 2012

Rajasthan Roadways Vs. Magdilini

Court: Delhi

Decided on: Nov-27-2012

$ 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h November, 2012 + MAC. APP. 101/2011 RAJASTHAN ROADWAYS Through: ..... Appellant Ms. Archana Gaur with Mr. Ajit Kumar, Advocates. Versus MAGDILINI Through: ..... Respondent Ms. Ruchi Jain, Advocate CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `4,56,068/- passed by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Agnus @ Annu an unmarried girl aged 21 years.2. By an order dated 04.02.2011 passed by this Court, a notice was issued to the Respondent only on the quantum of compensation.3. The following contentions are raised on behalf of the Appellant: (i) There should have been a multiplier of 12 instead of 13, as according to the ration card the age of the deceaseds mother was 49 years on the date of the accident. (ii) The compensation of `30,000/- awarded towards loss of love and affection and `20,000/- awarded towards fun...


Nov 27 2012

Arshad Zamal Siddiqui and anr Vs. Ravinder Singh and ors

Court: Delhi

Decided on: Nov-27-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:27. 11.2012 CS(OS) 1873/2012 ARSHAD ZAMAL SIDDIQUI & ANR ..... Plaintiffs Through: Mr R.K. Saini and Mr Sitab Ali Chaudhary, Advs. versus RAVINDER SINGH & ORS ..... Defendants Through: Mr Rahul Gupta, Adv for Defendants 1 to 3 CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) IAs No. 11645/2012 (u/O 3.R 1 & 2 r/w Sec. 151 CPC) and 15210/2012 (O. 39 R. 4 CPC) 1. Vide agreement to sell dated 25.04.2011, defendants 1 to 3 agreed to sell land measuring 1000 square yards forming part of Khasra No. 372 Min, situated in the area of Village Jasola, Tehsil Mehrauli, New Delhi to the plaintiffs for a total sale consideration of Rs 4,10,00,000/- and received a sum of Rs 50 lakh from them as earnest money. As per the agreement between the parties, the balance payment was to be made and possession of the land subject matter of the agreement was to be delivered to the plaintiffs on or before 30.09.2011.2. At the time of exe...


Nov 27 2012

The Oriental Insurance Company Ltd Vs. Ram Avtar and anr.

Court: Delhi

Decided on: Nov-27-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. h August, 2012 Pronounced on:27. h November, 2012 + MAC.APP. 169/2008 THE ORIENTAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Joy Basu, Advocate versus RAM AVTAR & ANR. Through: ..... Respondents Ms. Manjeet Chawla, Advocate for Claimant. Mr. P.K. Seth, Advocate for Respondent/Tagore International School. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in MAC.APP. 167/2008, titled ORIENTAL INSURANCE COMPANY LTD. v. BABY KOMAL & ANR.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE NOVEMBER 27 2012 vk...


Nov 27 2012

Oriental Insurance Company Ltd. Vs. Bishambar and anr.

Court: Delhi

Decided on: Nov-27-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. h August, 2012 Pronounced on:27. h November, 2012 + MAC.APP. 170/2008 ORIENTAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Joy Basu, Advocate versus BISHAMBAR & ANR. Through: ..... Respondents Ms. Manjeet Chawla, Advocate for Claimant. Mr. P.K. Seth, Advocate for Respondent/Tagore International School. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in MAC.APP. 167/2008, titled ORIENTAL INSURANCE COMPANY LTD. v. BABY KOMAL & ANR.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE NOVEMBER 27 2012 vk...


Nov 27 2012

The Oriental Insurance Company Ltd. Vs. Suresh and ors.

Court: Delhi

Decided on: Nov-27-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. h August, 2012 Pronounced on:27. h November, 2012 + MAC.APP. 210/2008 THE ORIENTAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Joy Basu, Advocate versus SURESH & ORS. Through: ..... Respondents Ms. Manjeet Chawla, Advocate for Claimants. Mr. P.K. Seth, Advocate for Respondent/Tagore International School. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in MAC.APP. 167/2008, titled ORIENTAL INSURANCE COMPANY LTD. v. BABY KOMAL & ANR.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE NOVEMBER 27 2012 vk...


Nov 27 2012

Sh. Daya Shankar Prasad Vs. Director General of Works, Central Public ...

Court: Delhi

Decided on: Nov-27-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h November, 2012 % + LPA No.777/2012 SH. DAYA SHANKAR PRASAD ..... Appellant Through: Mr. D.S. Vohra & Ms. Renu Verma, Advs. Versus DIRECTOR GENERAL OF WORKS, CENTRAL PUBLIC WORKS DEPARTMENT ..... Respondent Through: Mr. Ankur Chhibbar, Adv. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the order dated 20.09.2012 of the learned Single Judge allowing W.P.(C) No.12178/2006 preferred by the respondent against the Award dated 23.02.2005 of the Industrial Adjudicator.2. The claim of the appellant before the Industrial Adjudicator was that he had joined the services of the respondent on 17.06.1992 as a Driver, initially for a period of two months and his services were extended from time to time at two or three months duration through work orders or hand receipt and which medium was adopted by the respondent owing to the then prevalent ban on employment...


Nov 27 2012

The Oriental Insurance Company Ltd Vs. Smt. Chandra Devi and ors.

Court: Delhi

Decided on: Nov-27-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. h August, 2012 Pronounced on:27. h November, 2012 + MAC.APP. 202/2008 THE ORIENTAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Joy Basu, Advocate versus SMT. CHANDRA DEVI & ORS. ..... Respondents Through: Ms. Manjeet Chawla, Advocate for Claimants. Mr. P.K. Seth, Advocate for Respondent /Tagore International School. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in MAC.APP. 167/2008, titled ORIENTAL INSURANCE COMPANY LTD. v. BABY KOMAL & ANR.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE NOVEMBER 27 2012 vk...


Nov 27 2012

Mohd. Ibrahim Vs. State of Nct of Delhi

Court: Delhi

Decided on: Nov-27-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 426/2010 Judgment reserved on 22nd November, 2012 Judgement delivered on 27th November, 2012 % MOHD. IBRAHIM ..... Appellant Through: Mr. Aditya Wadhwa, Adv. versus STATE OF NCT OF DELHI Through: ..... Respondent Ms. Fizani Hussain, APP AND CRL.A. 847/2010 MODU ..... Appellant Through: Mr. Deepak Vohra, Adv. Versus STATE OF NCT OF DELHI Through: ..... Respondent Ms. Fizani Hussain, APP CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.1. Appellants have been convicted under Section 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short hereinafter referred to as the Act) by the trial court; sentenced to undergo rigorous imprisonment for ten years each with fine of `1 lac each and in default of payment of fine to undergo simple imprisonment for six months. Benefit of Section 428 Cr.P.C. has also been extended to them.2. Aggrieved by their conviction as also the sentences as handed down to them by the t...


Nov 27 2012

Mahanagar Telephone Nigam Ltd. Vs. M/S Usha India Ltd. and anr.

Court: Delhi

Decided on: Nov-27-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h November, 2012 % + LPA No.772/2012 MAHANAGAR TELEPHONE NIGAM LTD. ..... Appellant Through: Mr. Rajeev Sharma, Adv. Versus M/S USHA INDIA LTD. & ANR. ..... Respondents Through: None. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the order dated 13.07.2010 of the learned Single Judge of dismissal of W.P.(C) No.5464/1998 preferred by the appellant. The said writ petition was preferred impugning an arbitration Award pursuant to an arbitration under Section 7B of the Indian Telegraph Act, 1885.2. The arbitration proceedings had arisen out of a claim by the appellant on the respondent for `40,18,296/- on account of misuse of telephone for a period of three years. It was the case of the appellant that the respondent, though had not applied for the STD facility on the telephone line, was making STD calls therefrom.3. The arbitrator dismissed the said c...


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