Delhi Court December 2012 Judgments
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Sriram General Insurance Company Ltd Vs. Prabhu and ors.
Court: Delhi
Decided on: Dec-04-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h December, 2012 + MAC.APP. 252/2012 SRIRAM GENERAL INSURANCE COMPANY LTD ... Appellant Through: Mr. Sameer Nandwani, Adv. with Ms. Shivani Bansal, Adv. versus PRABHU & ORS. Through: ..... Respondents Mr. J.P.N. Shahi, Adv. for R-1 to R-5. Mr. S.K. Raut, Adv. for R-6 & R-7. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `13,31,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Respondents No.1 to 5 who are the legal representatives of deceased Saroj, who died in a motor vehicle accident which occurred on 18.01.2011.2. 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 apart from carrying out the household work the deceased was working as a maid servant and was earning `7,000/- per month...
Ajit Singh Gill and ors Vs. Arvind Khosla and ors
Court: Delhi
Decided on: Dec-04-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: November 22, 2012 Judgment delivered on: December 04, 2012 + RFA(OS) No.110/2011 AJIT SINGH GILL & ORS Represented by: ..... Appellants Mr.S.M.Hashmi, Advocate versus ARVIND KHOSLA & ORS Represented by: ..... Respondents Mr.P.K.Agarwal, Adv. for R-1. Mr.Gurvinder Singh, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 has been filed by the appellants against the impugned judgment and decree dated July 25, 2011 passed by the learned Single Judge of this Court in CS(OS) No.234/1997.2. The brief facts are that the Suit No.234/1997 was filed by Sh.Ajit Singh Gill, his wife and two sons seeking permanent injunction restraining defendant Nos.1, 3 & 4 from interfering with their possession of property No.324, Sant Nagar, East of Kailash, New Delhi, and taking its illegal posses...
Rajendra Prasad Ojha and anr Vs. Uoi and ors
Court: Delhi
Decided on: Dec-04-2012
23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 78/2012 Date of decision:4. h December, 2012 % RAJENDRA PRASAD OJHA AND ANR ..... Petitioners Through : Mr. S.N. Pandey, Adv. versus UOI AND ORS Through : .... Respondents Mr. B.V. Niren, CGSC for R-1. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.(Oral) 1. Learned counsel for the petitioners submits that the respondents have finally granted redressal to the petitioners by the order dated 21st November, 2012 which was handed over in court on the last date of hearing.2. When the matter was listed before us on 16 th November, 2012, we had noted the facts giving rise to the present petition and observed as follows:1. The instant case challenges the respondents decision to give the benefit of Assured Career Progression Scheme (hereinafter referred to as `ACP Scheme) only to persons who had approached the Delhi High Court by way of writ petition. As a result of this decision, the respondents procee...
Bajaj Allianz General Insurance Company Ltd. Vs. Vibhishan Mahto @ Vib ...
Court: Delhi
Decided on: Dec-04-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h December, 2012 + MAC.APP. 756/2010 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Neerja Sachdeva, Adv. versus VIBHISHAN MAHTO @ VIBHISHAN PRASAD & ORS. ..... Respondents Through: Mr. Binod Kumar Jha, Adv. for R-1 to R-5. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant Bajaj Allianz General Insurance Company Limited impugns a judgment dated 17.08.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of `5,75,000/- for the death of Smt. Shanti Devi, the Appellant Insurance Company was made liable to pay the compensation and its plea of exoneration was rejected.2. The only ground of challenge raised on behalf of the Appellant is that there was breach of the terms and conditions of the permit in as much as the authorization of the driver to drive vehicle was not obtained as per the condition of permit and ...
Deepak Rajak Vs. Union of India and ors.
Court: Delhi
Decided on: Dec-04-2012
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : December 04, 2012 + WP(C) 7526/2012 DEEPAK RAJAK Represented by: Petitioner Mr.S.S.Pandey, Advocate. versus UNION OF INDIA & ORS. Represented by: ..Respondents Ms.Barkha Babbar, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) 1. As recent as on August 21, 2012, we had allowed WP(C) No.4864/2012 Cpl Sandeep Kumar v. UOI & Ors. on complete identical facts. We had opined as under:1. Still in his teens, barely past eighteen, but less than nineteen years of age, armed with a Senior Secondary High School Certificate, the petitioner joined service under the Indian Air Force as an Airman on January 12, 2004. He obviously did so for the reason his parents could educate him no further and there was a financial constraint, if not stress, in the family. As a young lad, barely past the age of eighteen, the petitioner picked up public employment and after appropriat...
Ramesh Vs. Dda and ors.
Court: Delhi
Decided on: Dec-04-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + CM (M) 98/2010 Date of Decision:04. 12.2012 RAMESH ..... Petitioner Through: Ms.Prabhsahay Kaur, Adv. versus DDA & ORS. ..... Respondent Through: Ms.Sangeeta Chandra, Adv. for DDA. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. This petition under Article 227 of the Constitution is directed against the order of 12.03.2009 of ADJ passed in RCA No. 13/2008, whereby she dismissed the appeal filed against the judgment and decree dated 15.3.2008 of Civil Judge.2. The petitioner had filed a suit for permanent injunction against the DDA and Estate Officer, claiming himself to be a tenant and in physical continuous possession in the suit premises bearing T-18 BTW, Quadam Sharif Estate, New Delhi. It was his case that he had been paying the rent of the suit premises to the DDA regularly at the rate of Rs. 10/- per month, which, the defendant has enhanced to Rs. 30/- per square yard per month, and thereafter at rate of Rs. 75 per square yard...
Krishan Kumar Vs. Uoi and ors
Court: Delhi
Decided on: Dec-04-2012
10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8992/2011 Date of decision:4. h December, 2012 % KRISHAN KUMAR Through : ..... Petitioner Mr. Keshav Kaushik, Adv. versus UOI AND ORS Through : ..... Respondents Mr. Ankur Chhibber, Adv. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.(Oral) 1. The petitioner who was serving as a Junior Engineer with the Border Roads Organization filed the present writ petition seeking the following prayers. (a) Promotion to the post of Assistant Engineer (Civil) along with all the consequential benefits including the monetary benefit (MACP) to which the petitioner is entitled thereto. (b) Promotion to the post of Assistant Engineer (Civil) prior to the persons junior to the petitioner have been promoted (respondent nos.5 to17) along with all the consequential benefits including the monetary benefits (MACP Scheme benefits). (c) Award the cost and expense of the present application in favour of the applicant and ...
Sharp Kabushiki Kaisha Vs. Sunil Grover and ors
Court: Delhi
Decided on: Dec-04-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. h November, 2012. Pronounced on:4. h December, 2012 % + LPA No. 872/2010 SHARP KABUSHIKI KAISHA ..... Appellant Through: Mr.Akhil Sibal, with Mr.A.A.Mohan, Mr.Sushant Singh, Mr.P.C.Arya & Ms. Geetika Kapur, Advs. Versus SUNIL GROVER & ORS Through: ..... Respondents Ms. Geeta Luthra, Sr.Adv. with Mr.Hari Narayan Takkar, Ms. Ashly Cherian, Advs. for R-1. CORAM: HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW D. MURUGESAN, CHIEF JUSTICE 1 The present Letters Patent Appeal challenges the order dated 06.10.2010 dismissing the writ petition filed by the appellant. The issue relates to registration of trade mark SHARP in respect of Television Boosters, Two-in-One, Television Antennae and converters. Respondent No.1, Sunil Grover trading as M/s Analog Systems in New Delhi filed an application bearing No.447061 dated 18.12.1985 in class 9 to the Deputy Registrar of Trade Marks, Delhi seeking for registration of trade mark ...
Reliance General Insurance Co. Ltd. Vs. Sushila Rathi and ors.
Court: Delhi
Decided on: Dec-04-2012
$ 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h December, 2012 + MAC. APP. 927/2012 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate. Versus SUSHILA RATHI & ORS. Through: ..... Respondents None CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant Reliance General Insurance Co. Ltd. impugns a judgment dated 10.07.2012 whereby a compensation of `12,83,077/- was awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of respondents. by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Ramesh Chander in a motor vehicle accident which occurred on 23.05.2008.2. The sole contention raised by the learned counsel for the Appellant is that deceased Ramesh Chander @ Ramesh Rathi met with the accident on 23.05.2008. He died on 12.08.2008. The Respondents(Claimants) failed to produce any evidence that death was on account of the injuries suffered in the accid...
Reliance General Insurance Co. Ltd. Vs. Roshan Jahan and ors.
Court: Delhi
Decided on: Dec-04-2012
$ 14 & 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h December, 2012 + MAC. APP. 837/2012 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. A.K. Soni, Advocate. Versus ROSHAN JAHAN & ORS. Through: + ..... Respondents None MAC. APP. 847/2012 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. A.K. Soni, Advocate. Versus SARTAJ & ORS. ..... Respondents Through: None CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. These two Appeals(MAC.APP.837/2012 and MAC.APP.847/2012) arise out of two separate judgments of even date arising out of a motor vehicle accident which took place on 28.06.2011 wherein Respondents Farheen, a girl aged 12 years and Sartaj @ Babloo, a boy aged 21 years suffered injuries. In MAC.APP.837/2012, a lumpsum compensation of `50,000/was awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in addition to a sum of `5,000/- as counsels fee and `2,000/- as out of pocket expenses to the coun...
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