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Delhi Court December 2012 Judgments

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Dec 11 2012

National Insurance Co. Ltd. Vs. Sita Ram and ors

Court: Delhi

Decided on: Dec-11-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :11. h December, 2012 % + MAC.APP.No.198/2005 NATIONAL INSURANCE CO. LTD. ..... Appellant Through : Mr. Vijay Chandra Jha and Ms. Sonia Sharma, Advs. versus NAWAB & ORS. ..... Respondents Through : None. + MAC.APP.No.212/2005 NATIONAL INSURANCE CO. LTD. ..... Appellant Through : Mr. Vijay Chandra Jha and Ms. Sonia Sharma, Advs. versus SITA RAM & ORS. Through : None. + ..... Respondents MAC.APP.No.219 /2005 NATIONAL INSURANCE CO. LTD. ..... Appellant Through : Mr. Vijay Chandra Jha and Ms. Sonia Sharma, Advs. versus NAFISA BEGUM & ORS. Through : ..... Respondents None. CORAM :THE HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT(ORAL) 1. The appellant has challenged the common award of the Claims Tribunal to the limited extent that the Claims Tribunal has not granted the recovery rights to the appellant to recover the award amount from the owner of the offending vehicle.2. The accident dated 1st September, 1995 resulted in death of Sanjay...


Dec 11 2012

United India Insurance Co.Ltd. Vs. Rupa Gandhi Chaudhary and ors.

Court: Delhi

Decided on: Dec-11-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h December, 2012 + MAC.APP. 577/2012 UNITED INDIA INSURANCE CO.LTD. Through: ...... Appellant Mr.Punit Vinay, Advocate versus RUPA GANDHI CHAUDHARY & ORS. .... Respondents Through: Mr.Sanjay Agnihotri & Mr.Rahul Chaudhary, Advocates for R-1 to R3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of a compensation of ` 1,13,16,152/awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No.1 to 3 (Claimants) for the death of Ajay Chaudhary who died in a motor vehicle accident which occurred on 25.02.2003.2. On the fateful day, deceased Ajay Chaudhary was travelling in his Accent Car not DL-3C-AB-1011 from Agra to Udaiapur (Rajasthan). When they reached near PS Bhim (District Rajsamand, Rajasthan), a Truck not HR-38-2398 came from the wrong side and struck the right rear portion of the Truck with the Accent Car in which the deceased was tr...


Dec 11 2012

Ved Parkash Vs. United India Insurance Co.Ltd. and ors

Court: Delhi

Decided on: Dec-11-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h December, 2012 + MAC.APP. 334/2010 VED PARKASH Through: ..... Appellant Mr.Vinay Kumar Singh, Advocate versus UNITED INDIA INSURANCE CO.LTD. & ORS...... Respondents Through: Ms.Shivali Bansal, Advocate for R-1 United India Insurance Company CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant Ved Parkash who is the owner of the offending Truck not UP-14C-0136 impugns a judgment dated 26.05.2003 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of ` 3,60,000/in favour of Respondents No.3 to 11. Respondent No.1 was granted recovery rights against the Appellant on the ground that the Appellant committed a breach of the terms and conditions of the policy by permitting the driver Ram Sudhar to drive the offending vehicle on the basis of the fake driving licence.2. In fact, after passing the order dated 26.05.2003 an Application under Order...


Dec 11 2012

Shri Suneal Mangal Vs. M/S Prime Maxi Mall Management and anr

Court: Delhi

Decided on: Dec-11-2012

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. 12.2012 I.P.A. 12/2009 SHRI SUNEAL MANGAL Through : Mr. Pratik Malik, Adv. versus M/S PRIME MAXI MALL MANAGEMENT & ANR ..... Petitioner ..... Respondents Through : Mr. Rohit K. Aggarwal, Adv. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) IA 12291/2011(u/S.5 for condonation of delay of 19 days in filing appeal) For the reasons stated in the application, the delay in filing appeal is condoned. IA 12291/2011 stands disposed of accordingly. OA 107/2011(against the order dt. 21.03.2011 of JR) This appeal is directed against the order of the Joint Registrar dated 21 st March, 2011 whereby he dismissed the application filed by the petitioner under Order 33 of the Code of Civil Procedure seeking permission to sue as an indigent person.2. A perusal of the petition would show that the petitioner is seeking to recover a sum of Rs.61 crores from the respondents. The court fee which was payable on the amount of Rs....


Dec 11 2012

Prabir Kumar Bhattachrya Vs. Dda

Court: Delhi

Decided on: Dec-11-2012

10 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8663/2010 % Judgment dated 11.12.2012 PRABIR KUMAR BHATTACHRYA ..... Petitioner Through : Ms.Richa Kapoor, Adv. versus DDA Through : ..... Respondent Mr.R.K. Mittal, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Rule. With the consent of counsel for the parties writ petition is set down for final hearing and disposal.2. The necessary facts, to be noticed for disposal of the present writ petition, are that in the year 1979 the respondent launched a scheme, known as New Pattern Registration Scheme, 1979, (NPRS), for providing flats to the residents of Delhi. The petitioner made an application for allotment of a MIG flat. The petitioner deposited the registration amount with the DDA. In the application form, the petitioner metioned his residential address, as LIG Flat No.15, DDA, Khanpur (Madangir), New Delhi. In the application form, the petitioner had also provided occupational address, being Indian Airline...


Dec 11 2012

Management of M/S Rajasthan Patrika Ltd. Vs. Jasod Singh

Court: Delhi

Decided on: Dec-11-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h December, 2012 % + LPA No.803/2012 MANAGEMENT OF M/S RAJASTHAN PATRIKA LTD. ..... Appellant Through: R Aruneshwar Gupta, Mr. Manish Raghav & Mr. Nikhil Singh, Advs. Versus JASOD SINGH ..... Respondent Through: None. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the judgment dated 4 th July, 2012 of the learned Single Judge of dismissal of W.P.(C) No.6621/2005 preferred by the appellant employer. The said writ petition was preferred impugning the award dated 20th May, 2004 of the Industrial Adjudicator on the following industrial dispute raised by the respondent workman:Whether the transfer of Sh. Jasod Singh from Delhi office to Jaipur is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect? and holding the transfer to be not justified and illegal and directing the appellant emplo...


Dec 11 2012

National Insurance Co. Ltd. Vs. Nafisa Begum and ors.

Court: Delhi

Decided on: Dec-11-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :11. h December, 2012 % + MAC.APP.No.198/2005 NATIONAL INSURANCE CO. LTD. ..... Appellant Through : Mr. Vijay Chandra Jha and Ms. Sonia Sharma, Advs. versus NAWAB & ORS. ..... Respondents Through : None. + MAC.APP.No.212/2005 NATIONAL INSURANCE CO. LTD. ..... Appellant Through : Mr. Vijay Chandra Jha and Ms. Sonia Sharma, Advs. versus SITA RAM & ORS. Through : None. + ..... Respondents MAC.APP.No.219 /2005 NATIONAL INSURANCE CO. LTD. ..... Appellant Through : Mr. Vijay Chandra Jha and Ms. Sonia Sharma, Advs. versus NAFISA BEGUM & ORS. Through : ..... Respondents None. CORAM :THE HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT(ORAL) 1. The appellant has challenged the common award of the Claims Tribunal to the limited extent that the Claims Tribunal has not granted the recovery rights to the appellant to recover the award amount from the owner of the offending vehicle.2. The accident dated 1st September, 1995 resulted in death of Sanjay...


Dec 11 2012

The Oriental Insurance Company Ltd. Vs. Sanjay Rathi and ors.

Court: Delhi

Decided on: Dec-11-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.554/2004 & CM No.7490/2007 Date of decision :11. h December, 2012 % THE ORIENTAL INSURANCE COMPANY LTD. ..... Appellant Through : Ms. Manjusha Wadhwa, Adv. versus SANJAY RATHI & ORS. Through : None. ..... Respondents CORAM :THE HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT(ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of `50,000/- has been awarded to the claimant/respondent no.1.2. The accident dated 24th April, 1993 resulted in grievous injuries to the claimant/respondent no.1 Sanjay Rathi. Respondent no.1 was sitting on the front seat of Maruti Car not DL-4C-A 280.which was being driven by respondent no.3 Vikas Aggarwal at a very high speed. The driver of the vehicle lost control and the car climbed over the central divider and turned up side down resulting in grievous injuries to the claimant/respondent no.1.3. Learned counsel for the appellant has urged at the time of hearing of this appe...


Dec 11 2012

Rollatainers Limited Vs. Deputy Commissioner of Income Tax

Court: Delhi

Decided on: Dec-11-2012

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. 12.2012 + W.P.(C) 8484/2010 ROLLATAINERS LIMITED Through: ..... Petitioner Mr. Ajay Vohra, Ms. Kavita Jha and Mr. Somnath Shukla, Advs. versus DEPUTY COMMISSIONER OF INCOME TAX ..... Respondent Through: Mr. Abhishek Maratha, sr. standing counsel with Ms. Anshul Sharma, Adv. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R.V. EASWAR, J: (OPEN COURT) The petitioner is a company incorporated under the Companies Act, 1956 and is engaged, inter alia, in the business of manufacturing of packing materials. It filed the return of income for the assessment year 2003-04 declaring a loss of `2.48 crores. The return was accompanied by the computation sheet, profit and loss account and balance sheet as on 31.3.2003. The assessment was completed on 24.03.2006 under section 143(3) of the Income Tax Act at a loss of `11.32 crores. An appeal against the assessment is stated to be pending. On 31.8.2007, the respondent issue...


Dec 11 2012

ishani Kawatra Vs. National Boarad of Examiners and ors

Court: Delhi

Decided on: Dec-11-2012

70 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7708/2012 % Judgment dated 11.12.2012 ISHANI KAWATRA Through: ..... Petitioner Mr.Sanjay Bhatt and Ms.Priya Pathania, Adv versus NATIONAL BOARAD OF EXAMINERS AND ORS..... Respondent Through: Ms.Archana Gaur, Advocate for R-3 Mr.Rakesh Gosai and Mr.Kunal, Advocates for respondent no.1/ NBE CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) CM.No.19475/2012 (Exemption) 1. Allowed, subject to just exceptions.2. Application stands disposed of. W.P.(C) 7708/2012 & CM.No.19474/2012 3. In this case petitioner had joined the MBBS course in the year 2007 and cleared the same in the year 2012. In the year 2012, the respondent no.1 issued an information bulletin for National Eligibility cum Entrance Test (Post Graduate) for admission in the 2013 session in MD/MS/ Post Graduate Diploma Courses. Petitioner prepared for the said examination and she made an on-line registration in October, 2012. Petitioner received an e-mail confirmi...


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