Delhi Court November 2012 Judgments
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icici Lombard General Insurance Company Ltd. Vs. Smt. Poonam Devi and ...
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC.APP. 1151/2011 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Neerja Sachdeva, Adv. versus SMT. POONAM DEVI & ORS. ..... Respondents Through: Mr. Neeraj Kumar, Adv. with Mr. Dinesh Shah, Adv. Mr. Bhupender Chaturvedi, 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 `9,87,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Respondents No.1 to 5 for the death of Kedar Prasad Shah who died in a motor vehicle accident which occurred on 29.10.2009.2. The finding on negligence is not 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 rickshaw puller and was earning `10,000/- per month. In the absence of any cogent evidence wit...
Arun Kumar Vs. Nand Kishore and ors.
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC. APP. 193/2011 ARUN KUMAR ..... Appellant Through: Mr. K.K.Dubey, Adv. versus NAND KISHORE & ORS. ...... Respondents Through Mr. R.B. Shami, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) CM APPL.4552/2011 (Delay) 1. For the reasons as stated in the Application, the delay of 99 days in filing the Appeal is condoned.2. The Application is allowed. MAC. APP. 193/2011 3. The Appeal is for enhancement of compensation of `2,91,095/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellant Arun Kumar for having suffered injuries in a motor vehicle accident which occurred on 02.01.2007.4. On 02.01.2007 at about 7:00 A.M., the Appellant was travelling on the pillion seat of a two wheeler not DL-7S-AM-4190 which was being driven by his elder brother Amit Kumar and was returning home from the Railway Station. When they reached near 100 fo...
Bhawgan Mahalik Vs. State (Nct of Delhi)
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :27. h SEPTEMBER, 2012 DECIDED ON :29. h November, 2012 + CRL.A. 326/2011 BHAWGAN MAHALIK Through : ..... Appellant Mr.Sudhakar Mohan Mudgil, Advocate. versus STATE (NCT OF DELHI) Through : + ..... Respondent Ms.Richa Kapoor, APP. CRL.A. 327/2011 BHASKER MAHALIK Through : ..... Appellant Mr.Joginder Tuli, Advocate with Mr.Aekansh Shukla, Advocate. versus STATE Through : + ..... Respondent Ms.Richa Kapoor, APP. CRL.A. 328/2011 NIRANJAN MAHALIK Through : ..... Appellant Mr.Joginder Tuli, Advocate with Mr.Aekansh Shukla, Advocate. versus STATE (NCT OF DELHI) Through : + ..... Respondent Ms.Richa Kapoor, APP. CRL.A. 329/2011 JAGBANDHU DASS Through : ..... Appellant Mr.Joginder Tuli, Advocate with Mr.Aekansh Shukla, Advocate. versus STATE (NCT OF DELHI) Through : ..... Respondent Ms.Richa Kapoor, APP. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Bhagwan Mahalik @ Rajesh @ Babu (A-1), Bhasker Mahali...
New India Assurance Company Ltd Vs. Shakuntala Sharma and ors.
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC.APP. 1184/2012 NEW INDIA ASSURANCE COMPANY LTD. ...... Appellant Through: Mr. J.P.N. Shahi, Adv. versus SHAKUNTALA SHARMA & ORS. Through: Nemo. ..... Respondents CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `4,60,926/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 10.03.2009.2. In the accident, the First Respondent suffered crush injury on her left leg. She remained hospitalized in Trauma Centre, LNJP Hospital from 10.03.2009 to 23.09.2009. A Disability Certificate Ex.PW-1/26 was issued by the Medical Board of the doctors of Pandit Madan Mohan Malviya Hospital, Govt. of NCT of Delhi declaring her to have suffered 50% impairment in relation to her left lower limb on account of the stiffness of the kn...
Emc It Solutions India Pvt Ltd Vs. ----
Court: Delhi
Decided on: Nov-29-2012
$~A13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:29th November, 2012 % + CO. PET. 249/2012 IN THE MATTER OF: EMC IT SOLUTIONS INDIA PVT. LTD. Petitioner / Transferee Company AND M/S EMC DATA STORAGE SYSTEMS (INDIA) PRIVATE LIMITED BAGMANE CONSTRUCTIONS PVT. LTD. Through .Non-Petitioner/ Transferor Company Mr. P. Nagesh and Mr.Anand K. Ganesan, Adv. Mr. Atma Sah, Astt. ROC on behalf of Regional Director (NR). CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. This Petition has been filed under Sections 391 to 394 of the Companies Act, 1956, (for short Act) in connection with the Scheme of Arrangement and de-merger (for short Scheme) between EMC Data Storage Systems (India) Private Limited (hereinafter referred to as the Transferor Company), of which the Marketing Support Services Division is to be demerged and vested in the EMC IT Solutions India Private Limited (hereinafter referred to as the Transferee/Applicant Company). A copy of the Scheme is file...
United India Insurance Company Ltd Vs. Jyoti and ors.
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC. APP. 884/2012 UNITED INDIA INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Suman Bagga, Adv. versus JYOTI & ORS. ...... Respondents Through Nemo. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) CM APPL.14028/2012 (Delay) 1. For the reasons as stated in the Application, the delay of 349 days in filing the Appeal is condoned.2. The Application is allowed. MAC. APP. 884/2012 3. The Appellant United India Insurance Company Limited takes exception to a judgment dated 11.04.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of `10,60,000/was awarded in favour of the Respondents No.1 to 3 for the death of Hari Shanker who died in a motor vehicle accident which occurred on 20.04.2011.4. The only ground of challenge urges by the learned counsel for the Appellant Insurance Company is that the insurance policy issued in respect of the vehicle...
Mithlesh and ors. Vs. U.P. State Road Transport Corporation and ors.
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC.APP. 253/2011 MITHLESH & ORS. Through: ....... Appellants Mr. O.P. Mannie, Adv. versus U.P. STATE ROAD TRANSPORT CORPORATION & ORS. ..... Respondents Through: Ms. Garima Prashad, Adv. with Mr. Shadab Khan, Adv. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is disposed of in terms of the judgment passed today in MAC.APP. 248/2011 titled U.P. STATE ROAD TRANSPORT CORPORATION v. MITHLESH & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE NOVEMBER 29 2012 vk...
Raghbir Rai and anr Vs. Prem Lata and ors
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:29. 11.2012 CS(OS) 1863/2010 RAGHBIR RAI & ANR ..... Plaintiffs Through: Mr Mayank Mikhail Mukherjee, Adv versus PREM LATA & ORS ..... Defendants Through: Mr Ashok Gurmani, Adv. AND + CS(OS) 1698/2011 PREM LATA ..... Plaintiff Through: Mr Ashok Gurmani, Adv. versus RAGHUBIR RAI & ORS ..... Defendants Through: Mr Mayank Mikhail Mukherjee, Adv CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) IAs No. 12120/2010 (O. 39 R. 1&2 CPC) and 3478/2011 (O. 39 R. 4 CPC) in CS(OS) 1863/2010 and IA No.11080/2011 (O. 39 R. 1 and 2 CPC) in CS(OS) 1698/2011 1. CS(OS) No. 1863/2010 is a suit for permanent injunction. The case of the plaintiffs in this suit is that they are the tenants of defendant No. 1 in respect of ground and first floor of Property not D-2/12, Model Town-III, Delhi-110 009, where they are running a restaurant by the name Dragon Hucks Restaurant. Defendant No. 2 was the husband of defendant No. 1, whereas def...
National Insurance Company Ltd Vs. Sunil Kumar and ors.
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC.APP. 258/2010 NATIONAL INSURANCE COMPANY LTD. ...... Appellant Through: Mr. Vivek Singh, Adv. for Ms. Neelam Singh, Adv. versus SUNIL KUMAR & ORS. Through: ..... Respondents Mr. Dharmesh Kumar Proxy Counsel for Mr. Sushil Kumar, Adv. for R-1/ Claimant. 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.244/2010 titled NATIONAL INSURANCE COMPANY LIMTIED v. ANIL KUMAR & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE NOVEMBER 29 2012 vk...
The New India Assurance Company Ltd. Vs. Smt. Madhumala Jha and ors.
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC.APP. 644/2005 THE NEW INDIA ASSURANCE COMPANY LTD. Through: Mr. Pankaj Seth, Adv. ...... Appellant versus SMT. MADHUMALA JHA & ORS. Through: Nemo. ..... Respondents CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. This Appeal is directed against a judgment dated 16.04.2005 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of `5,49,500/- was awarded in favour of Respondents No.1 to 4 for the death of Bhogender Jha who died under mysterious circumstances between 25.05.2001 and 27.05.2001. The circumstances resulting in the deceaseds death can be extracted from Para 2 of the impugned judgment which is extracted hereunder:2. Brief facts giving rise to the claim petition are that on 25.05.2001 at about 12 p.m. , the owner of TATA Sumo sent the deceased with his vehicle for his business work to Hapur. The deceased left his house on 24.05.2001 a...
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