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Delhi Court November 2012 Judgments

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Nov 06 2012

United India Insurance Company Ltd. Vs. Smt. Barkha Kumari and ors.

Court: Delhi

Decided on: Nov-06-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:6. h November, 2012 + MAC. APP. 468/2012 UNITED INDIA INSURANCE COMPANY LTD. ... Appellant Through: Ms. Suman Bagga, Adv. versus SMT. BARKHA KUMARI & ORS. ..... Respondents Through: Mr. Sanjeev Gupta, Adv. for R-1 to R-5. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `31,38,500/- awarded for the death of Sachin Kumar who died in a motor vehicle accident which occurred on 11.05.2011.2. The finding on negligence has not been challenged by the Appellant Insurance Company. Thus, the same has attained finality.3. During inquiry before the Claims Tribunal it was claimed that the deceased was working as a Field Officer with AP Securitas Pvt. Ltd. and was getting a salary of ` 16,000/- per month. During evidence, the Claimants proved a salary certificate Ex.PWE-1/9 to prove the fact that the deceased was getting a salary of `13,000/- per month, apart from other d...


Nov 06 2012

M/S. Continental India Limited Vs. -

Court: Delhi

Decided on: Nov-06-2012

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:06.11.2012 CO. APPL.(M) 176/2012 IN THE MATTER OF M/S. CONTINENTAL INDIA LIMITED ....Applicants Through: P. Nagesh & Anand M. Mishra Advocates for Applicant-Company. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. This is a first motion Application under Sections 390 to 394 read with Section 78, 100 to 104 of the Companies Act, 1956, (for short Act) read with Rules 6 & 9 of Company Court Rules in connection with the Scheme of Arrangement (for short Scheme) of Continental India Ltd. (hereinafter referred to as Applicant Company) and its shareholders. A copy of the proposed Scheme is filed along with the application as Annexure-D.2. The registered offices of the Applicant Company is situated within the National Capital Territory of Delhi and is within the jurisdiction of this Court.3. Details with regard to the date of incorporation of Applicant Company, its Authorized, Issued, Subscribed and Paid up ...


Nov 06 2012

Sunil JaIn Vs. Smt. Suman Jain

Court: Delhi

Decided on: Nov-06-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI DATE OF DECISION :06. 11.2012 + FAO NO. 449/2012 SUNIL JAIN Through: ..... Appellant Ms. Anshu Priyanka, Advocate. versus SMT. SUMAN JAIN ..... Respondent Through: CORAM: HONBLE MR. JUSTICE SANJAY KISHAN KAUL HONBLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.Caveat No. 1129/2012 None appears for the caveator. However, in view of service of notice on the caveator by speed post dated 02.11.2012, the receipt whereof is annexed on the appeal, the caveat stands discharged. FAO NO. 449/2012 & C.M. Nos. 18794-96/2012 1. The appellant has preferred the present appeal under Section 19 of the Family Courts Act, 1984, to assail the order dated 23.5.2012 passed by Shri Kamlesh Kumar, Addl. Principal Judge, Family Court, Rohini, Delhi, in HMA No. 700/2011 titled Shri Sunil Jain Vs. Smt. Suman Jain whereby he has disposed of the respondents application under Section 24 of the Hindu Marriage Act, 1955 for grant of maintenance pendente lite.2. The parti...


Nov 06 2012

Mumtaz Ahmad Vs. Delhi Development Authority and anr

Court: Delhi

Decided on: Nov-06-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:6. h November, 2012 + CM(M) 1204/2012 MUMTAZ AHMAD ..... Petitioner Through: Mr.Syed Hasan Isfahani & Ms.Vasundha Baja, Advocates versus DELHI DEVELOPMENT AUTHORITY & ANR ..... Respondents Through: Mr.Rahul Bhandari, Advocate for R-1 DDA Mr.Javed Ahmed, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT C.M. APPL No.18852/2012(Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. CM(M) 1204/2012 & CM. APPL No.18851/2012(Stay) 1. Mr.Rahul Bhandari, Advocate appears on behalf of Respondent No.1 DDA on advance copy being served upon him.2. Issue notice.3. Mr.Rahul Bhandari, Advocate appearing on behalf of Respondent No.1 accepts notice.4. Mr.Javed Ahmed, Advocate appearing on behalf of Respondent No.2 accepts notice.5. A suit for permanent injunction etc. was filed by the Petitioner with the contention that the Petitioner is in possession of a portion of the Khasra No.1151/3...


Nov 06 2012

Kisan Dnyanodaya Mandal Gudhe S Vs. Union of India and anr

Court: Delhi

Decided on: Nov-06-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6647/2012 % Judgment dated 06.11.2012 KISAN DNYANODAYA MANDAL GUDHE S AYURVED MEDICAL COLLEGE & ANR ..... Petitioner Through: Mr.Shree Prakash Sinha, Advocate versus UNION OF INDIA & ANR ..... Respondent Through: Ms.Archana Gaur, Adv. for the R-1 Mr.T.K. Joseph, Adv. for the R-2 CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) CM.________________/2012 (STAY) 1. The present petition has been filed under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction for quashing the order dated 14.08.2012 passed by respondent no.1, declining permission to the petitioner no.1 for admission to the undergraduate course for the academic session 2012-13. Together with the writ petition the petitioner has filed the present application for grant of interim relief. Registry is directed to register the application.2. It is prayed that during the pendency of the writ petition, the operation of the ...


Nov 06 2012

Union Public Service Commission Vs. R.K. Jain

Court: Delhi

Decided on: Nov-06-2012

% *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:6. h November, 2012 + LPA No.618/2012 UNION PUBLIC SERVICE COMMISSION ..... Appellant Through: Mr. Naresh Kaushik with Ms. Vivya Nagpal & Mr. Manoj Joshi, Advs. Versus R.K. JAIN Through: ..... Respondent Mr. Ramesh K. Mishra, Adv. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the judgment dated 13th July, 2012 of the learned Single Judge of dismissal of W.P.(C) No.1243/2011 preferred by the appellant UPSC. The writ petition was preferred challenging the decision dated 12th January, 2011 of the Central Information Commission (CIC) established under the Right to Information Act, 2005. This appeal came up first on 7th September, 2012 and was adjourned to 9 th October, 2012 and thereafter to 16th October, 2012. The respondent appeared on caveat and with consent we have heard the counsels finally.2. The respondent, invoking the provisions of the Act had...


Nov 06 2012

Devi Bai Through Lr. Vs. Hoshiar Singh and ors.

Court: Delhi

Decided on: Nov-06-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:6. h November, 2012 + MAC APP.162/2004 DEVI BAI THROUGH LR. Through: ..... Appellant Mr. Tarun Kashyap, Adv. Versus HOSHIAR SINGH & ORS. Through: .....Respondents Mr. Yashpal Rangi, Adv. for R-2. Mr. Pankaj Seth, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is directed against a judgment dated 04.08.2003 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a Claim Petition filed under Section 110-A of the Motor Vehicles Act, 1939 (the Act) was dismissed by the Claims Tribunal on the ground that the negligence was not established.2. As per the averments made in the Claim Petition one Dropti daughter of the original Claimant (Smt. Devi Bai) was travelling in a bus not HRX 162.from Chandigarh to Delhi. At about 10:00 P.M. the bus reached near Majnu Ka Tila. The Appellant alleges that the bus was being driven in a rash and negligent manner by the First Respo...


Nov 06 2012

Akhilesh Pratap Singh Vs. State Nct of Delhi

Court: Delhi

Decided on: Nov-06-2012

6 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 103/2012 AKHILESH PRATAP SINGH ..... Petitioner Through: Mr. Arvind Jain with Mr. Gunjan Kathpalia, Mr. Kuldeep Singh and Ms. Sanskriti Jain, Advocates versus STATE NCT OF DELHI ..... Respondent Through: Mr. Manoj Ohri, APP for State Mr. J.H. Jafri with Mr. Virprakash, Advocates for Complainant. Date of Decision:06. h November, 2012 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (ORAL):1. Present revision petition has been filed challenging the order on Charge dated 02nd November, 2011 as well as the order framing Charge dated 07 th December, 2011 passed by the ASJ/NW-II, Rohini Courts, Delhi in FIR No. 177/2009 registered with Police Station Model Town.2. Mr. Arvind Jain, learned counsel for the petitioner submits that despite it being settled law that special law overrides the general law, yet the trial court has framed Charges against the petitioner under Section 3 (1) (x) & (xi) of the Scheduled Caste and Sched...


Nov 06 2012

Sanjeev K. Bhatia Vs. Govt. of Nct of Delhi and anr.

Court: Delhi

Decided on: Nov-06-2012

* THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on :30. 08.2012 Judgment delivered on:06. 11.2012 + WP(C) No. 3464/2010 SANJEEV K. BHATIA ...... Petitioner Vs GOVT. OF NCT OF DELHI & ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr.Tarun Sharma, Advocate For the Respondent : Mr. Sandeep Aggarwal and Mr. K.A. Singh, Advocates CORAM :HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J 1.The petitioner, in this case has been seeking the transfer of the land in issue, being plot no.A-131, situate at Narela Industrial Complex, Narela, Delhi-110 040 admeasuring 350 sq.mtrs. (in short the plot) in the records of respondent no.2, and consequent execution of a lease deed in its favour, since June, 2001. The petitioner has already approached this court twice, once by way of a writ petition, and the second time, by way of a contempt petition. Respondent no.2, which is the main contesting respondent, has shown in this case, as the facts narrated herein...


Nov 06 2012

Harjit Kaur Vs. the Principal, Sgtb Khalsa College and ors.

Court: Delhi

Decided on: Nov-06-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:6. h November, 2012 % + LPA No.700/2012 HARJIT KAUR ..... Appellant Mr. Sanjeev Bhatnagar & Mr. Nitin K. Gupta, Advs. Through: Versus THE PRINCIPAL, SGTB KHALSA COLLEGE & ORS. ..... Respondents Through: Mr. A.P.S. Ahluwalia, Sr. Adv. with Mr. S.S. Ahluwalia, Adv. for R-1. Mr. Mohinder Jeet Singh Rupal & Ms. Vasundhra Rastogi, Advs. for R3&4. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the order dated 31.08.2012 of the learned Single Judge of this Court of dismissal of W.P.(C) No.5401/2012 preferred by the appellant. The learned Single Judge dismissed the writ petition finding the same to be a third round of litigation and the issues raised therein to be barred by laches.2. Notice of this appeal was issued on the contention of the counsel for the appellant that the appellant was only seeking release to the appellant of what had been admitted to be d...


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