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Delhi Court December 2012 Judgments

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Dec 04 2012

New India Assurance Co.Ltd. Vs. Annu and ors.

Court: Delhi

Decided on: Dec-04-2012

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:4. h December, 2012 + MAC. APP. 777/2012 NEW INDIA ASSURANCE CO.LTD. ..... Appellant Through: Mr.K.K.Bhat, Advocate versus ANNU & ORS. ..... Respondents Through: Mr.D.K.Sharma, Advocate for R-1 to R-6 CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) CM APPL.12439/2012(delay) 1. There is a delay of 38 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. 777/2012 1. The Appellant New India Assurance Company impugns a judgment dated 15.03.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of ` 25,92,184/- was awarded in favour of the legal representatives of the deceased Anil Kumar for his death in a motor vehicle accident which occurred on 27.03.2010.2. There is twin challenge to the judgment. First, the appropriate multiplier at the age of 36 years...


Dec 04 2012

Vindhya Kukrety Vs. Shushma Kukrety and anr

Court: Delhi

Decided on: Dec-04-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:04. 12.2012 CS(OS) 1970/2011 VINDHYA KUKRETY ..... Plaintiff Through: Mr Aruneshwar Gupta and Mr Manish Gupta, Advs. for plaintiff No. 1 versus SHUSHMA KUKRETY & ANR ..... Defendants Through: Counsel for the defendant. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) IAs No.12826/2011 and 12827/2011 (Exemption) Exemption allowed, subject to all just exceptions. The applications stand disposed of. IAs No. 12824/2011 and 18104/2011 (O. 39 R. 1&2 CPC) and 12825/2011 and 18102/2011 (O. 40 for appointment of receiver) The plaintiff is the mother-in-law of defendant No. 1 and grandmother of defendant No.2. Primarily, the dispute between the parties is in respect of Flat No. 43, Karuna Vihar, Sector-18, Dwarka and G-324, Gama-II, Greater Noida. As far as Flat No. 43, Karuna Vihar, Sector-18, Dwarka is concerned, admittedly, the case of the plaintiff is that it was owned exclusively by late Shri Rakesh Kukrety, son o...


Dec 04 2012

Sharmila Banerjee Livingston Vs. Mohd. Abbas and ors

Court: Delhi

Decided on: Dec-04-2012

* THE HIGH COURT OF DELHI AT NEW DELHI + R.C.REV 175/2012 Date of Decision:04. 12.2012 SHARMILA BANERJEE LIVINGSTON Through: ....Petitioner Ms.Malvika Rajkotia, Advocate with Mr.Ashwani, Mr.Puneet, Advocates. Versus ...Respondent MOHD. ABBAS & ORS Through: Mr.S.K.Sharma, Advocate. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. This is a revision petition u/S 25.(8) of the Delhi Rent Control Act (for short the Act), assailing the order dated 06.01.2012 passed by the Ld. ARC, Saket Courts, Delhi, whereby the leave to defend application filed by the petitioner, was dismissed and an eviction order was passed.2. The petitioner is a tenant with respect to one living room/drawing room, two bedrooms, one kitchen, two toilets and some utility space on the ground floor in property bearing No. C-17, Nizamuddin West, New Delhi-110023 (hereinafter referred to as the tenanted premises). The property of which the tenanted premises form a part was said to be sold to late Mohd. Shahid thr...


Dec 04 2012

Venkateshwar Education and Medical Society (Regd.) Vs. Delhi Developme ...

Court: Delhi

Decided on: Dec-04-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:4. h December, 2012 + LPA 739/2012, CM No.18965/2012 (for stay), CM No.18966/2012 (for condonation of delay) & CM No.18967/2012 (for exemption). VENKATESHWAR EDUCATION & MEDICAL SOCIETY (REGD.) ..... Appellant Through: Mr. Rajiv Nayar, Sr. Adv. with Mr. Gaurav Mitra, Mr. Saurabh Seth, Mr. Shivashankar Panicker, Mr. Vineet Kumar & Ms. Samreen, Advs. versus DELHI DEVELOPMENT AUTHORITY Through: ..... Respondent Ms. Shobhana Takiar, Adv. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra court appeal impugns the judgment dated 27th August, 2012 of the learned Single Judge dismissing the WP(C) No.22581/2005 preferred by the appellant. The said writ petition was preferred seeking a direction to the respondent no.1 DDA to allot land to the appellant Society, for running a Senior Secondary School in Rohini, as recommended by the Institutional Allotment Committee (IAC) and at rates ...


Dec 04 2012

New India Assurance Co. Ltd. Vs. Yogendra Narayan Yadav and ors.

Court: Delhi

Decided on: Dec-04-2012

$ 21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h December, 2012 + MAC. APP. 1165/2012 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. J.P.N. Shahi, Advocate. Versus YOGENDRA NARAYAN YADAV & ORS. Through: None ..... Respondents CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) CM.APPL.18836/2012 1. The Appellant seeks permission to lead additional evidence in Appeal on the ground that the report from RTO, Farrukhabad was not proved by any legal evidence and that is why the same was not relied upon by the Motor Accident Claims Tribunal(the Claims Tribunal) and its plea of avoiding liability was rejected. It is stated that a party should not be made to suffer because of fault of its counsel and the Appellant should now be permitted to produce an witness from RTO, Farrukhabad to prove that the driving licence possessed by the driver was fake.2. I have before me the Trial Court record. The Appellant was repeatedly asked by the Claims Tribuna...


Dec 04 2012

M/S. the United India Insurance Company Ltd Vs. Sh. Suraj Bhan 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. 575/2012 M/S. THE UNITED INDIA INSURANCE COMPANY LTD... Appellant Through: Mr. D.D. Singh, Adv. with Mr. Navdeep Singh, Adv.. versus SH. SURAJ BHAN & ORS. Through: ..... Respondents Mr. Kundan Lal, 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 `7,72,584/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Respondents No.1 to 5 for the death of Narender Kumar who died in a motor vehicle accident which occurred on 14.08.2010.2. 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 videographer and also pursuing further studies and was a student of B.Com (First year). In order to prove deceaseds income PW-1 Santosh Devi...


Dec 03 2012

Balvinder Singh Vs. Satish Kumar and ors.

Court: Delhi

Decided on: Dec-03-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d December, 2012 + MAC.APP. 61/2012 BALVINDER SINGH Through: ..... Appellant Mr. Manish Mannie, Adv. versus SATISH KUMAR & ORS. Through: ..... Respondents Mr. K.L. Nandwani, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for enhancement of compensation of `2,99,408/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellant for having suffered injuries in a motor vehicle accident which occurred on 01.09.2008.2. In the absence of any Appeal by the driver, owner or the Insurance Company, the finding on negligence has attained finality.3. The only ground of challenge raised by the learned counsel for the Appellant is that the Claims Tribunal awarded a compensation of `76,000/-, that is, @ `2,000/- for every 1% permanent disability. It is stated that the Appellant was working as a Welder. He suffered 38% physical impairment in relation to ...


Dec 03 2012

National Insurance Company Ltd. Vs. Umesh Singh and ors.

Court: Delhi

Decided on: Dec-03-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d December, 2012 + MAC.APP. 1100/2012 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. D.K. Sharma, Adv. versus UMESH SINGH & ORS. Through: ..... Respondents Nemo. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant National Insurance Company Limited seeks exoneration or in the alternative recovery rights in respect of compensation of `60,000/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 31.12.2005.2. The Claims Tribunal dealt with the issue of liability in Paras 56 to 59 of the impugned judgment, which are extracted hereunder:56. Hon'ble High Court of Delhi in the case of New India Assurance Company Ltd. Vs. Suresh Kumar in MAC Appeal No. 648/12 dated 01.06.2012 has rejected the appeal of insurance company in a case where no witness was examined by ...


Dec 03 2012

Ravinder Pal Singh Bawa Vs. Meenakshi Marwah

Court: Delhi

Decided on: Dec-03-2012

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2450/2009 Date of decision :3. 12.2012 IN THE MATTER OF : RAVINDER PAL SINGH BAWA ..... Plaintiff Through Mr.R.K. Dhawan and Ms. Shweta Joshi, Advocate versus MEENAKSHI MARWAH Through ..... Defendant Mr.Rajiv Duggal, Advocate CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) I.A.No.8917/2012 (by the defendant u/Section 151 CPC) 1. This application has been filed by the defendant praying inter alia for grant of permission to inspect the court file and take photographs of the signatures on the Agreement dated 23.3.2009 and on the original cheques, which are the subject matter of the present suit.2. Counsel for the defendant submits that the Sale Agreement dated 23.3.2009 relied upon by the plaintiff, is a forged document and that it does not bear the signatures of the defendant and to establish the said fact before the learned Metropolitan Magistrate, in whose court a complaint filed by the plaintiff under Section 138 of the ...


Dec 03 2012

Cyrilla Builders and Constructions Ltd. and ors. Vs. ----------------- ...

Court: Delhi

Decided on: Dec-03-2012

$~A35 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:3rd December, 2012 % + CO.APPL.(M) 184/2012 CYRILLA BUILDERS & CONSTRUCTIONS LIMITED APPLICANT NO. 1 / 1 TRANSFEROR COMPANY st AND DLF NEW GURGAON HOMES DEVELOPERS PRIVATE LIMITED APPLICANT NO. 2 / nd 2 TRANSFEROR COMPANY AND DLF NEW GURGAON OFFICES DEVELOPERS PRIVATE LIMITED APPLICANT NO. 3 / 3rd TRANSFEROR COMPANY AND VALINI BUILDERS & DEVELOPERS PRIVATE LIMITED APPLICANT NO. 4 th / 4 TRANSFEROR COMPANY WITH DLF HOME DEVELOPERS LIMITED APPLICANT NO.5 /TRANSFEREE COMPANY Through Mr. Ravi Bassi, Adv. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. This is a first motion joint application under section 391 & 394 of the Companies Act, 1956, in connection with the Scheme of Amalgamation of Cyrilla Builders & Construction Limited & Others with DLF Home Developers Limited. A copy of the proposed Scheme of Amalgamation is filed along with the Application.2. The registered offices of the Applicant Companies...


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