Delhi Court April 2012 Judgments
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Murari Lal and Another Vs. Tila Ram @ Dila Ram @ Dhula Ram and Another
Court: Delhi
Decided on: Apr-27-2012
1. The appellant has challenged the common award passed by the Claims Tribunal whereby the compensation of Rs.4,400/- has been awarded to the appellant on account of injuries suffered by him and Rs.50,000/- has been awarded to him towards the death of his wife in the road accident dated 15th June, 1983. The appellant seeks enhancement of compensation. 2. On 15th June, 1983 at about 9:30 am, the appellant, Murari Lal Sharma was riding on his scooter bearing No.DEN-672 with his wife, Lata Sharma as a pillion rider when he was hit by tempo bearing No.DHG-7811 resulting in simple injuries to the appellant and grievous injuries to his wife. The appellant remained hospitalized for three days whereas his wife, Lata Sharma remained hospitalized from 15th June, 1983 to 5th September, 1983. During the hospitalization, a cretch was put on her head after making holes in the skull and weight was put on the cretch in order to keep the head, neck and spinal cord in straight position. She was again ho...
National Insurance Co. Ltd Vs. Bhateri and Others
Court: Delhi
Decided on: Apr-27-2012
1. The appellant has challenged the award of the Claims Tribunal whereby the compensation of Rs.3,56,312/- has been awarded. The appellant seeks reduction of the award amount. 2. The accident dated 27th December, 1990 resulted in the death of Hari Ram. The deceased was 29 years old at the time of the accident and was working as accountant-cum-incharge earning Rs.3,000/- per month. The deceased was survived by his widow, three children and mother who filed the claim petition before the Claims Tribunal. The Claims Tribunal held that in the absence of any documentary proof of income, the minimum wages should be taken into consideration as income of the deceased. The Claims Tribunal took minimum wages of Rs.1,057/- per month, added Rs.1,278/- towards future prospects, deducted 1/3rd towards personal expenses and applied the multiplier of 18 to compute the loss of dependency at Rs.3,36,312/-. Rs.5,000/- has been awarded towards funeral expenses and Rs.15,000/- towards loss of love, affectio...
Pradeep Pant and Another Vs. Govt of Nct Delhi
Court: Delhi
Decided on: Apr-27-2012
VEENA BIRBAL, J. 1. Admit. 2. With the consent of parties the matter is taken up for final disposal. 3. The relevant facts for the disposal of present appeal are as under:- A petition under Section 13-B(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”) for a decree of divorce by mutual consent was filed by the appellants stating therein that their marriage was solemnized according to Hindu rites and ceremonies on 18.01.1993 at Anita Colony, Bajaj Nagar, Jaipur, Rajasthan. After marriage, they lived together as husband and wife at D2-2178, Vasant Kunj, New Delhi-110017. A daughter was born from their wedlock on 27.05.2000. Since 30.03.2010, they are living separately on account of temperamental differences. Despite their best efforts, they could not reconcile and there is no possibility of their living together as husband and wife in future. Accordingly, they have agreed to take divorce by way of mutual consent. They have arrived at an amicable settl...
Shri Vikas Gupta Vs. Sh. Rohit Sikri
Court: Delhi
Decided on: Apr-27-2012
MANMOHAN SINGH, J. (Oral) I.A. No.1338/2010 (u/o IX, R.4 CPC) and I.A. No.1342/2010 (u/s 5 of the Limitation Act), both by the plaintiff 1. The plaintiff filed the present suit for specific performance with consequential relief of injunction. The case of the plaintiff is that vide agreement to sell dated 02.12.2007 between the plaintiff and defendant, the defendant agreed to sell the suit property, i.e., part of First Floor measuring 748 sq. ft. bearing No.E-36, Naraina Vihar, New Delhi, for a total consideration of Rs.32 lac, out of which plaintiff paid to the defendant a part payment/earnest money of Rs.3 lac on 08.12.2007 and the defendant further received Rs.4 lac on 22.12.2007. As per the plaintiff, the said payments were duly acknowledged by the defendant. 2. The contention of the defendant in the written statement is that the plaintiff failed to pay balance amount till the last date of agreement being 31.03.2008 nor has the plaintiff filed any proof thereof. Therefore, the pl...
Jugal Kishore Vs. State Govt. of Nct of Delhi
Court: Delhi
Decided on: Apr-27-2012
S.RAVINDRA BHAT 1. The appellant challenges a judgment and order of the learned Additional Sessions Judge (ASJ) dated 26.05.2010 and the order on sentence dated 31.05.2010 in S.C. No. 57/2010 by which he was convicted for the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life along with other sentences. 2. The prosecution alleges that Meena used to work as a domestic help to sustain herself. The appellant – Jugal Kishore was the brother-in-law (husband’s brother). It was alleged that Jugal Kishore objected to Meena working as a domestic help and he frequently had altercations with her as he asked her to stop working. The deceased nevertheless continued to work. It was alleged that on 22.04.2008, when Meena was at the District Park, Nand Nagri, the Appellant went there and told her that since she did not stop working, he would teach her a lesson. He had a plastic can filled with acid. It was alleged by the prosecution that Jugal Kishore p...
icici Lombard General Insurance Co. Ltd Vs. Lekh Raj Pal and Others
Court: Delhi
Decided on: Apr-27-2012
G. P. MITTAL, J. (ORAL) 1. The Appeal is for reduction of compensation of Rs.6,07,800/- awarded to the First Respondent for having suffered a serious crush injury in his right leg resulting into permanent disability to the extent of 53% in relation to his right lower limb. 2. The First Respondent who was aged bout 65 years at the time of the accident which occurred on 26.03.2009 was riding on a bicycle when his right foot was crushed by a bus bearing registration No.DL-1PB-9252 driven in a rash and negligent manner by the Respondent No.2 Sagar Kumar Sharma. The Claims Tribunal by the impugned judgment granted a compensation of Rs.6,07,800/-, which can be tabulated hereunder: Sl. No.Compensation under various headsAwarded by the Claims Tribunal1.Loss to Pain and SufferingRs.80,000/-2.Loss of Amenities, Enjoyment and DisfigurementRs. 90,000/-3.Loss of EarningRs. 2,55,167/-4.Loss of Earning for Three MonthsRs. 47,253/-5.Expenses towards Medical BillsRs. 1,20,335/-6.Conveyance and Specia...
The Commissioner of Income Tax Vs. Sahara India Housing Corporation Lt ...
Court: Delhi
Decided on: Apr-27-2012
ORDER Having heard learned counsel for the parties in these appeal, which pertain to the assessment years 1999-2000, 2000-01 and 2001-02, we frame the following substantial question of law:- “Whether the Income Tax Appellate Tribunal was right in holding that the gains/income from sale and purchase of securities was assessable under the head “capital gains” and not under the head “income from business”? 2. The aforesaid question is common for all the three assessment years. 3. For the assessment year 1999-2000, the Revenue has raised another issue pertaining to deduction under Section 14A of the Income Tax Act, 1961 (Act, for short). Accordingly, for the appeal, which pertains the assessment year 1999-2000 being ITA 762/2009, we frame the following additional question of law:- “Whether the Income Tax Appellate Tribunal was right in affirming the order of the Commissioner of Income Tax (Appeals) deleting disallowance of Rs.1,90,385/- made by the Asse...
Indian Oil Corporation Ltd Vs. Era Construction (India) Ltd
Court: Delhi
Decided on: Apr-27-2012
1. Indian Oil Corporation Limited (‘IOCL’) in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) has challenged an Award dated 15th January 2006 of the learned sole Arbitrator in the disputes between it and the Respondent, Era Constructions (India) Limited (‘ECIL’) arising out of the award of civil and structural works for IOCL’s Catalytic Reformer Unit (‘CRU’), Utilities and Off-sites at Mathura Refinery, to ECIL by IOCL by a telegram of Acceptance dated 4th January 1995 followed by a Letter of Acceptance (‘LOA’) dated 22nd February 1995. By the impugned Award, the learned Arbitrator rejected IOCL’s claims as being time barred and allowed ECL’s counter claims in part. Background facts 2. In terms of the LOA the work was to be completed within 12 months to be reckoned from the date of issue of the LOA. A formal contract was entered into between the parties on 3rd May 1995. Ac...
Ex. Sig Man Shiv Kumar Sharma Vs. Union of India and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: Apr-27-2012
1. This writ petition was filed by the petitioner before the Honble High Court and it was transferred to this Tribunal after its formation. 2. Petitioner vide this petition has prayed to quash the order dated 19.11.2005 and 20.10.2008 being most arbitrary and illegal. It is also prayed that respondents be directed to reinstate the petitioner in service with all consequential benefits. 3. Petitioner was enrolled in the regular Army as Combatant Soldier on 15.03.2002. It is alleged that husband of the petitioners sister met with an accident and died leaving behind his father and a young widow being his sister and two months old child. Petitioner requested for leave because of sudden demise of his brother-in-law but was not granted the same. He under social obligation to look after his widow sister became absent without leave w.e.f. 05.09.2004. A Court of Inquiry was conducted to declare him deserter at his back without serving him any notice or apprehension roll. 4. Petitioner rejoined h...
In the Matter Of: Sub. Pratap Singh Shekhawat Vs. Chief of Army Staff ...
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: Apr-27-2012
1. O.A. No.349/2010 was filed on 28.05.2010, before this Tribunal by the applicant. 2. Vide this O.A. the applicant has sought to quash the letter of his premature discharge dated 09.11.2009 (Annexure P-1) and to promote him to the rank of Subedar Major from the date of first vacancy is available with ante date seniority i.e. w.e.f. 01.02.2009 with consequential relief as he has already been approved by the DPC. 3. Brief facts of the case are that the applicant was enrolled in Territorial Army on 15.12.1983. During the course of service in the year 1993 he applied for grant of direct commission as a JCO and on recommendations of the then Commanding Officer, he was commissioned as Nb. Subedar on 01.05.1994 (Annexure P-2) and the Junior Commission Officer status was granted by the Honble President of India under his seal and signature on 21.04.1995 (Annexure P-3). On 17.04.1997 the applicant was approved to the rank of Subedar w.e.f. 01.02.1997. 4. In 09.10.2007 the applicant was informe...
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