Delhi Court November 2012 Judgments
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Sona Vs. Raj Rani and anr
Court: Delhi
Decided on: Nov-29-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 851/2010 SONA ..... Plaintiff Through Mr. A.K. Bhattacharya, Adv. versus RAJ RANI & ANR Through ..... Defendant Mr.ParveenMendiratta, Adv. for D-1 Mr. G.D. Parashar for D-2 CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR ORDER % 29.11.2012 IA No.20029/2011 1. By this application moved under Order 7 Rule 11 read with Order 2 Rule 2 and Section 151, Code of Civil Procedure, 1908, the defendant no.1 seeks rejection of the plaint.2. Before dealing with the said application moved by defendant No. 1, it would be appropriate to give a brief narration of the facts of the case as set out by the plaintiff in his plaint. The present suit was filed by Smt. Sona, wife of late ShriHarpal, through her attorney ShriDevender Kumar on 21 st February, 2010 seeking relief of declaration, cancellation, mandatory and permanent injunction. On the date of filing of the suit, the plaintiff, Smt. Sona Devi was alive, but immediately thereafter on 25 th February, 201...
Sneh Dhawan Vs. State and anr.
Court: Delhi
Decided on: Nov-29-2012
$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3551/2012 Decided on 29th November, 2012 SNEH DHAWAN Through: ..... Petitioner Mr. Pankaj Bhatia and Mr. Mehak, Advs. versus STATE & ANR. Through: ..... Respondents Mr. Mukesh Gupta, APP Mr. Tarkeshwar Nath, Adv. for respondent no.2. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.(ORAL) 1. Complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the respondent no. 2 against the petitioner is pending trial before the Trial Court.2. Petitioner has challenged the jurisdiction of Delhi courts to entertain and try the complaint. The question which needs to be redressed in this petition is whether Delhi courts have territorial jurisdiction to try the complaint? 3. A perusal of complaint makes it clear that the parties are residing in NOIDA, U.P.; transactions between them took place at NOIDA; cheque was issued in NOIDA; cheque is drawn on a bank in NOIDA; respondent deposited the cheque for encashment, with ...
Royal Sundaram Alliance Insurance Co. Ltd. Vs. Jhalia Devi and ors.
Court: Delhi
Decided on: Nov-27-2012
$ 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h November, 2012 + MAC. APP. 571/2011 ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. ..... Appellant Through: Ms. Suman Bagga, Advocate. Versus JHALIA DEVI & ORS. Through: ..... Respondents Mr. Satender Sharma with Mr. Yudhvir Sharma, Advocates for the Respondents No.1 & 2. Mr. K. Sunil, Advocate for the Respondents No.3 & 4. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `6,39,640/- awarded in favour of the Respondents No.1 and 2 by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Dharmendra Majhi @ Sanjay, a bachelor aged about 20 years.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 `12,000/- per month. It was stated that he (the...
The Oriental Insurance Company Ltd. Vs. Sompal 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. 173/2008 THE ORIENTAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Joy Basu, Advocate versus SOMPAL & 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...
National Insurance Company Ltd. Vs. Prem Kumar and ors.
Court: Delhi
Decided on: Nov-27-2012
$ 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h November, 2012 + MAC. APP. 1140/2012 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Archana Gaur with Mr. Ajit Kumar, Advocates. Versus PREM KUMAR & ORS. Through: ..... Respondents Mr. Advocate(presence not given) CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) CM.APPL.18374/2012(delay) For the reasons stated in the Application, delay of 56 days in filing the Appeal is condoned. CM.APPL.18374/2012 stands disposed of. MAC.APP.1140/2012 1. The learned counsel for the parties submit that without going into the contentions raised, the parties have no objection if the Appeal is decided on the minimum wages of an unskilled worker with an addition of 30% on the basis of the judgment of the Supreme Court in Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559 2. The Claims Tribunal while awarding a compensation, took the minimum wages as `6422/- which is correct as pe...
Oriental Insurance Company Ltd. Vs. Smt. Santosh 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. 204/2008 ORIENTAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Joy Basu, Advocate versus SMT. SANTOSH & 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...
The Oriental Insurance Company Ltd. Vs. Mahinder 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. 172/2008 THE ORIENTAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Joy Basu, Advocate versus MAHINDER & 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...
The Oriental Insurance Company Ltd Vs. Sompal 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. 205/2008 THE ORIENTAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Joy Basu, Advocate versus SOMPAL & 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...
icici Lombard General Insurance Co. Ltd. Vs. Sarita and ors.
Court: Delhi
Decided on: Nov-27-2012
$ 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h November, 2012 + MAC. APP. 1129/2011 ICICI LOMBARD GENERAL INSURANCE CO. LTD. ..... Appellant Through: Ms. Suman Bagga, Advocate. Versus SARITA & ORS. Through: ..... Respondents Mr. Suresh Sisodia, Advocate for the Respondents No.1 to 4. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. This Appeal is directed against a judgment dated 16.09.2011 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of `34,35,000/- was awarded in favour of the Respondents No.1 to 4.2. Since the finding on negligence is not challenged by the Appellant Insurance Company, the same has attained finality.3. There is twin challenge to the impugned judgment. First, the compensation awarded is exorbitant and excessive inasmuch as the number of dependents in the case were only three. Thus, there should have been a deduction of 1/3rd towards personal and living expenses. No deduction was ...
Tej Prakash Vs. Idris and ors.
Court: Delhi
Decided on: Nov-27-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + R.C.REV. 566/2012 Date of Decision:27. 11.2012 TEJ PRAKASH Through: Petitioner Mr.Puneet Bajaj, Advocate. Versus .. Respondent IDRIS & ORS. Through: CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. This revision petition under Section 25-B(8) of the Delhi Rent Control Act (for short the Act) impugns the order dated 6.6.2012 of the learned Addl. Rent Controller whereby the leave to defend application filed by the petitioner in the eviction petition filed against them by the respondents, was dismissed.2. The petitioner is a tenant under the respondents in respect of one shop on the ground floor of the premises being D-715, Jahangir Puri, which is shown red in the site plan that was filed by the respondents along with the eviction petition. The eviction of the petitioner from the suit shop was sought by the respondents on the ground that the suit shop is required by the respondent No. 4 namely Danish, who was stated to be unemployed and...
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