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Delhi Court December 2012 Judgments

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Dec 06 2012

M/S Arvind Khanna Vs. International Airport Authority of India

Court: Delhi

Decided on: Dec-06-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.2069/1992 % December 6, 2012 M/S ARVIND KHANNA Through: Mr. Girish Aggarwal with Ms.Mugdha Pandey, Advs. ...... Plaintiff VERSUS INTERNATIONAL AIRPORT AUTHORITY OF INDIA ..... Defendant Through: Mr. Aruneshwar Gupta with Mr. Manisha Raghav & Mr. Nikhil Singh, Advs. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes. VALMIKI J.MEHTA, J (ORAL) 1(i). This is a suit filed by the plaintiff for recovery of Rs.22,73,930.50/- alongwith interest. The amount as claimed in the suit has been broken up as per para 33 of the plaint which reads as under:That as per the terms between the defendant and the plaintiff, and on the basis of Rs.1,19,17,936/- cash collection on the basis of actual meter reading of the STD Pay Phones and deposited by the plaintiff with the defendant, the plaintiff is entitled for the sum of Rs.18,64,274/- on account of salary and supervision charges, Rs.2,59,656.50 towards profit and 1,50,...


Dec 06 2012

Oriental Insurance Co. Ltd. Vs. Hardiyanand Parshad and ors.

Court: Delhi

Decided on: Dec-06-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:6. h December, 2012 + MAC. APP. 635/2012 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through Mr. Tarkeshwar Nath & Mr.Saurabh Kumar Tuteja, Advocates versus HARDIYANAND PARSHAD & ORS. Through None. + ..... Respondents MAC. APP. 644/2012 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through Mr. Tarkeshwar Nath & Mr.Saurabh Kumar Tuteja, Advocates versus MASTER SATVIR KUMAR & ORS. Through None. + ..... Respondents MAC. APP. 646/2012 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through Mr. Tarkeshwar Nath & Mr.Saurabh Kumar Tuteja, Advocates versus MS.MAANSI ZALPURI & ORS. Through None. ..... Respondents CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. These three Appeals (MAC.APPs.635/2012, 644/2012 and 646/2012) arise out of a common judgment dated 29.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of `3,75,000/-, `3,30,849/- and `15,000/- was awarded respect...


Dec 06 2012

National Buildings Construction Corporation Ltd. Vs. Chief Executive O ...

Court: Delhi

Decided on: Dec-06-2012

IN THE HIGH COURT OF DELHI AT NEW DELHI (Not reportable) OMP No. 527 of 2006 NATIONAL BUILDINGS CONSTRUCTION CORPORATION LTD. ..... Petitioner Through: Mr. N. Prabhakar & Mr. Ashim Shridhar, Advocates versus CHIEF EXECUTIVE OFFICER, DELHI JAL BOARD & ANR. .....Respondents Through: Ms. K. Kiran, Advocate. CORAM: JUSTICE S.MURALIDHAR ORDER 06 12.2012 1. The Petitioner, National Buildings Construction Corporation Ltd. (NBCC), challenges an Award dated 17th May 2006 passed by the learned sole Arbitrator (Respondent No.2) in the disputes arising out of the award of the work of construction of 40 MGD Water Treatment Plant at Nangloi to NBCC by the Respondent No.1, Delhi Jal Board (DJB).2. The challenge in the present petition to the impugned Award is insofar as it has rejected some of the claims of NBCC and allowed the counter claims of DJB.3. It is first submitted by Mr. N. Prabhakar, learned counsel for NBCC, that the learned Arbitrator erred in entertaining DJBs counter claims since they ...


Dec 06 2012

igi Airport Restaurant Vs. Subramanium and ors.

Court: Delhi

Decided on: Dec-06-2012

THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:06. 12.2012 LPA No.1056/2011 INDIA TOURISM DEVELOPMENT CORPORATION LTD. .. Appellant versus VINOD & ORS. .. Respondents LPA No.135/2012 IGI AIRPORT RESTAURANT .. Appellant versus SUBRAMANIUM & ORS. .. Respondents LPA No.203/2012 IGI AIRPORT RESTAURANT .. Appellant versus SILVA RAJ & ANR. .. Respondents and LPA No.217/2012 THE MANAGEMENT OF ASHOK HOTEL (ITDC) .. Appellant versus PERUMAL & ANR. .. Respondents Advocates who appeared in these cases: For the Appellants For the Respondents : Mr V.K.Rao, Sr Advocate with Mr Ayushya Kumar in LPA Nos.1056/2011 & 217/2012. Mr Karunesh Tandon in LPA Nos.135/2012 & 203/2012. : Mr S.S.Upadhyay. CORAM: HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J.1. This batch of appeals raises a common question of law and is being disposed of by this common order.2. The common question of law involved in these appeals relates to whether a court can go...


Dec 06 2012

India Tourism Development Corporation Ltd. Vs. Vinod and ors.

Court: Delhi

Decided on: Dec-06-2012

THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:06. 12.2012 LPA No.1056/2011 INDIA TOURISM DEVELOPMENT CORPORATION LTD. .. Appellant versus VINOD & ORS. .. Respondents LPA No.135/2012 IGI AIRPORT RESTAURANT .. Appellant versus SUBRAMANIUM & ORS. .. Respondents LPA No.203/2012 IGI AIRPORT RESTAURANT .. Appellant versus SILVA RAJ & ANR. .. Respondents and LPA No.217/2012 THE MANAGEMENT OF ASHOK HOTEL (ITDC) .. Appellant versus PERUMAL & ANR. .. Respondents Advocates who appeared in these cases: For the Appellants For the Respondents : Mr V.K.Rao, Sr Advocate with Mr Ayushya Kumar in LPA Nos.1056/2011 & 217/2012. Mr Karunesh Tandon in LPA Nos.135/2012 & 203/2012. : Mr S.S.Upadhyay. CORAM: HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J.1. This batch of appeals raises a common question of law and is being disposed of by this common order.2. The common question of law involved in these appeals relates to whether a court can go...


Dec 06 2012

Pradeep Kaul Vs. the Chairman (Acting) University Grants Commission

Court: Delhi

Decided on: Dec-06-2012

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:6. h December, 2012 W.P.(C) 7441/2012 PRADEEP KAUL ..... Petitioner Through: Mr. R.P. Sharma, Adv. versus THE CHAIRMAN (ACTING) UNIVERSITY GRANTS COMMISSION ..... Respondent Through: Mr. Amitesh Kumar and Mr. Mayank Manish, Advs. for UGC. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The petitioner is aggrieved with the inaction of the respondents / CEC, a Society under the University Grants Commission for not considering the recommendation of Prof. Abdul Wahid, Vice-Chancellor, Central University of Kashmir for considering the candidature of the petitioner for the post of Director, Consortium for Education Communication (CEC), New Delhi and Inter-University Centre of UGC (Autonomous Organization).2. The UGC sent a communication dated 27.09.20102 to the Vice- Chancellor / Director, Banasthali Vidyapeeth, Rajasthan, wherein it is stated that the Consortium for Education Communication (CEC), New De...


Dec 06 2012

Ram Prakash and anr. Vs. Lal Chand and ors.

Court: Delhi

Decided on: Dec-06-2012

$-21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:6. h December, 2012 + MAC. APP. 494/2012 RAM PRAKASH & ANR. Through: ..... Appellant Dr. Sudharkar Chaudhary, Advocate. Versus LAL CHAND & ORS. Through: ..... Respondents None CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) CM APPL. 8234/2012 (delay) 1. There is a delay of 26 days in filing the Appeal.2. For the reasons as stated in the application, the delay in filing the Appeal is condoned.3. The application stands disposed of. MAC.APP. 494/2012 1. The Appeal is for enhancement of a compensation of ` 5,59,800/awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellants for the death of Braham Prakash, a class 12th student, who died in a motor vehicle accident, which occurred on 29.01.2010.2. In the absence of any Appeal by the driver, owner or the Insurance Company, the finding on negligence has attained finality.3. During inquiry before the Claims Tribunal, it was...


Dec 06 2012

Dharam Pal Vs. Management of M/S J. Roy and Bros and anr.

Court: Delhi

Decided on: Dec-06-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8933/2009 Reserved on:28. h August, 2012 Decided on:6. h December, 2012 % DHARAM PAL Through: ..... Petitioner Mr. V.K. Srivastava, Advocate. versus MANAGEMENT OF M/S J.ROY & BROS & ANR. ..... Respondents Through: Ms. Arundhati Katju, Advocate for R1 with R-1 in person. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioner seeks setting aside of the award dated 19th April, 2007 passed by the Presiding Officer, Labour Court No. VII, Delhi in industrial dispute ID No. 304/05 wherein the learned court had held that the workman had failed to produce any document to show that he had worked with the Respondent/Management in the year 2004 or immediately proceeding his termination and has also failed to prove that he had worked for 240 days with the Management in 12 months preceding his termination and hence had refused to grant him any relief.2. Learned counsel for the Petitioner contends that the learned Labour Cou...


Dec 06 2012

Sushil Kumar Goyal Vs. Ram Singh Gautam

Court: Delhi

Decided on: Dec-06-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 112/2011 % Date of Decision: December 6, 2012 SUSHIL KUMAR GOYAL Through : ..... Appellant Mr. Wills Mathews with Mr Jose Abraham & Ms Amrita Jayan, Advs. versus RAM SINGH GAUTAM Through : ..... Respondent Mr. Mir Akhtar Hussain, Adv. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.* CM No. 12631/2011 (condonation of delay) There is delay of 30 days in filing this appeal. In view of the reasoning given, delay is condoned. The application stands disposed of. RSA 112/2011 1. By way of this regular second appeal under Section 100 of Code of Civil Procedure, challenge has been made to the impugned judgment dated 18.01.2011 passed by the ld. lower appellate court in RCA No. 18/2010 whereby the impugned judgment dated 07.05.2005 passed by the ld. Civil Judge in Suit No. 43/2004 has been upheld.2. The relevant facts for disposal of present appeal are as under:The appellant was the plaintiff before the ld. Civil Judge. He had filed a suit...


Dec 06 2012

Oriental Insurance Co. Ltd. Vs. Master Satvir Kumar and ors.

Court: Delhi

Decided on: Dec-06-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:6. h December, 2012 + MAC. APP. 644/2012 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through Mr. Tarkeshwar Nath & Mr.Saurabh Kumar Tuteja, Advocates versus MASTER SATVIR KUMAR & ORS. Through None. ..... Respondents 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.635/2012 titled ORIENTAL INSURANCE CO. LTD. v. HARDIYANAND PARSHAD & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 06 2012 v...


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