Delhi Court November 2012 Judgments
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Delhi Transport Corporation Vs. Smt. Seema and ors.
Court: Delhi
Decided on: Nov-23-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d November, 2012 + MAC.APP. 455/2005 DELHI TRANSPORT CORPORATION ....... Appellant Through: Mr. S.P. Jain, Adv. versus SMT. SEEMA & ORS. Through: ..... Respondents Mr. Dhirander Mathur, Adv. for R-1 & R-2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant Delhi Transport Corporation (DTC) seeks reduction of compensation of `8,45,600/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Surender Singh, who died in a motor vehicle accident which occurred on 10.12.1997.2. During inquiry before the Claims Tribunal it was claimed that on 10.12.1997 at about 6:15 P.M. the deceased Surender Singh was crossing the road near Public Health Centre, Najafgarh, when he was ran over by bus not DEP-9701 which was being driven by its driver Balwan Singh (not impleaded in this Appeal) in a rash and negligent manner. It was claimed that the deceased was working as a driver...
Anil Sharma and ors. Vs. Mahesh Dass Thru Lrs and ors.
Court: Delhi
Decided on: Nov-23-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: November 23, 2012 CS(OS) 1589/2000 ANIL SHARMA AND ORS. Through: ..... Plaintiffs Mr. Amit S.Chadha, Sr. Adv. with Mr. V.C.Rishi and Ms. Mukta Sharma, Adv. versus MAHESH DASS THRU LR'S AND ORS. Through: ..... Defendants Dr. Arun Mohan, Sr. Adv. with Ms. Shalini Kapoor, Adv. for D-3 to 19. Mr. Ajay Verma, Adv. for D-20 to 22. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) IA 7137/2000(O.XXXIX R.1 & 2 CPC) in CS(OS) No.1589/2000 This is a suit for declaration, injunction and specific performance of an agreement stated to have been executed by defendants No.1 to 19 in favour of the plaintiffs. The case of the plaintiffs in this regard is that land measuring 11 bighas, 17 biswas comprised in Khasra No. 127(1-12), 128(3-03), 131(3-18) and 186/133(2-19) situated in the Revenue Estate of Village Kalu Sarai, Old Mehrauli Road, presently known as 4, Aurbindo Marg, New Delhi, was owned by late Shri Parmeshwari Dass ...
Rajenderpal Singh Bhatia Vs. Joginder Singh
Court: Delhi
Decided on: Nov-23-2012
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:09. 11.2012 Judgment pronounced on:23. 11.2012 CS(OS) 1441/1990 & IAs 9560/2005, 15149/2008, 14120/2009, 7428/2010, 8847/2011, 19250/2011 & 19255/2011 RAJENDERPAL SINGH BHATIA ..... Plaintiff Through: Mr. Rajat Aneja with Mr. S. Seth Mahendran, Advocates versus JOGINDER SINGH Through: ..... Defendant Mr. Sandeep Aggarwal with Mr. K.A. Singh, Advocates CORAM: HON'BLE MR. JUSTICE V.K.JAIN V.K. JAIN, J.1. This is a suit for dissolution of the partnership firm Royal Safe Company, rendition of accounts and partition of the immovable properties of the firm. The plaintiff is the son of late defendant No. 1 Joginder Singh, who died during pendency of the suit, and the brother of defendants 2 to 5. The plaintiff had 20% share, whereas defendants 1 to 5 had 15%, 20%, 20%, 15% and 10% share respectively in the said partnership firm. The partnership firm owned Property No. C-114, Naraina Phase-I, New Delhi and also held tenancy rig...
Arun Kumar Vs. Oriental Insurance Company Ltd and ors
Court: Delhi
Decided on: Nov-23-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d November, 2012 + MAC.APP. 1216/2012 ARUN KUMAR Through: ....... Appellant Mr. Munish Kumar Sharma, Adv. versus ORIENTAL INSURANCE COMPANY LTD & ORS...... Respondents Through: Mr. D.K. Sharma, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is allowed in terms of the judgment passed today in MAC.APP. 225/2010 titled ORIENTAL INSURANCE COMPANY LTD. v. ARUN KUMAR & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE NOVEMBER 23 2012 vk...
Vinay Mehra Vs. State Thr. Cbi and anr.
Court: Delhi
Decided on: Nov-23-2012
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :23. d November, 2012 % + CRL.M.C. 474/2012 VINAY MEHRA ..... Petitioner Through: Mr.Sandeep Sethi, Sr. Advocate with Mr.Akshai Malik and Ms.Preeti Gupta, Advocates. versus STATE THR. CBI & ANR. ..... Respondents Through: Ms.Sonia Mathur, Standing Counsel for R-1/CBI. Ms.Manjula Gandhi, Advocate for Bank of India/R-2. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.(Oral) % 1. The petitioner is invoking the jurisdiction of this Court by filing this petition under Section 482 Cr.P.C. praying for quashing of R.C No.1(A)/92-ACU.II, under Sections 5(1) (d) & 5(2) P.C. Act read with Sections 420/120-B/468/471 IPC as well as the chargesheet and the criminal proceedings emanating therefrom in view of the compromise entered into between petitioner and respondent No.2 Bank of India in civil litigation.2. In brief, as per FIR and charge sheet, the accusations against the petitioner and his co-accused are that they entered i...
Vijay Krishan Vs. B.L.Gupta Construction (P) Ltd.
Court: Delhi
Decided on: Nov-23-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % Date of Decision:23. 11.2012 FAO(OS) 560/2012 VIJAY KRISHAN Through: ..... Appellant Mr. Parveen Kumar Mehdiratta, Advocate versus B.L.Gupta Construction (P) Ltd. Through: ... Respondent CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.C.M. No. 19531/2012 (exemption) Exemption allowed, subject to all just exceptions. FAO (OS) No. 560/2012 1. The appellant has preferred the present appeal to assail the order dated 31.08.2012 passed by the learned Single Judge in O.M.P. No. 796/2012 whereby the appellants objection to the arbitral award dated 03.05.2012 made by the sole Arbitrator has been dismissed.2. The appellant/contractor was awarded the work of internal electrification of Group Housing for Malibu Town (B-1 and B-2) at Gurgaon, by the respondent under agreements dated 30.08.1995 and 05.01.1996. Since disputes arose between the parties, they were referred to arbitration which eventually were r...
Union of India and anr. Vs. Anil Verma
Court: Delhi
Decided on: Nov-23-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:23. 11.2012 W.P.(C) 2789/2012 & CM 6016/2012 UNION OF INDIA & ANR. ..... Petitioners versus V.K.SALDHI & ORS. ..... Respondents and W.P.(C) 2790/2012 & CM 6018/2012 UNION OF INDIA & ANR. ..... Petitioners versus ANIL VERMA ..... Respondent Advocates who appeared in these cases: For the Petitioners : Mr Rajinder Nischal For the Respondents : Mr Ajesh Luthra in WP(C) No.2789/2012. Mr Deepak Verma in WP(C) No.2790/2012. CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. These writ petitions raise a common issue and, therefore, are being disposed of together. The writ petitions arise out of the common order dated 14.11.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.3783/2010 and OA No.3035/2011. By virtue of the said order dated 14.11.2011, the respondents herein and the applicants before the Tribunal (except Mr N.C....
M/S. Agroha and anr. Vs. M/S. Klj Pollyalloys
Court: Delhi
Decided on: Nov-23-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + C.R. P. 146/2012 & CM Applications 19532/2012 and 19533/2012 Date of Decision:23. 11.2012 M/S. AGROHA & ANR. Through: Petitioners Mr. Sanjay K. Shandilya, Adv.. Versus M/S. KLJ POLLYALLOYS Through: Respondents None. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. This revision petition is directed against the order dated 04.09.2012 whereby an application under Order 7 Rule 10 CPC, filed by the petitioner, who were defendants in the suit, was dismissed.2. The respondents had filed a suit against the petitioners for recovery under Order 37 CPC. The petitioners herein filed an application under Order 7 Rule 10 CPC opposing the territorial jurisdiction of the Delhi Courts stating that no cause of action arose at Delhi. It was their case that the cause of action arose at Nasik and that only the Courts at Nasik would have jurisdiction. In response, the plea of the respondents was that the part of cause of action had arisen at Delhi inasmu...
National Insurance Company Ltd. Vs. Sarita Hasidja and ors.
Court: Delhi
Decided on: Nov-23-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d November, 2012 + MAC.APP. 476/2011 NATIONAL INSURANCE COMPANY LTD. Through: Mr. L.K. Tyagi, Adv. ....... Appellant versus SARITA HASIDJA & ORS. Through: ..... Respondents Mr. J.S. Kanwar, Adv. for R-1 to R-6. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. By virtue of this Appeal, the Appellant National Insurance Company Limited seeks recovery rights against the Respondents No.7 and 8 in respect of award of compensation of `32,48,600/- in favour of Respondents No.1 to 6 for the death of H.C. Hasija, who died in a motor vehicle accident which occurred on 03.08.2006.2. The finding on negligence or on the quantum of compensation is not challenged by the Appellant Insurance Company.3. The only ground of challenge raised is that the Appellant successfully proved the breach of the terms and conditions of the policy. The Claims Tribunal erred in declining the recovery rights to the Appellant against the...
iqbal Singh Vs. Mahender Singh and anr
Court: Delhi
Decided on: Nov-23-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % CS(OS) 3298/2012 23rd November, 2012 IQBAL SINGH ..... Plaintiff Through: Mr. R.S.Tomar, Adv. VERSUS MAHENDER SINGH & ANR ..... Defendants Through CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This suit is a suit for specific performance of an Agreement to Sell dated 2.8.2004. The agreement to sell is for a plot which the defendant no.1 was to be allotted on account of acquisition of his land under the Land Acquisition Act, 1984.2. Under the Agreement to Sell dated 2.8.2004 the plaintiff paid certain amounts and it is the case of the plaintiff that the defendant no.1 failed to perform his part of the contract, and therefore, in terms of an arbitration clause, the plaintiff way back in the year 2006 (as mentioned in para 13 of the plaint) invoked arbitration proceedings. It is during the pendency of the arbitration proceedings that the defendant no.1 is said to have transferred ...
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