Delhi Court May 2012 Judgments

Tushar and Another Vs. Sh. Ballu Ram and Others

Court: Delhi

VALMIKI J. MEHTA, J. (ORAL) 1. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 27.2.2004. By the impugned judgment, the trial Court has dismissed the suit for partition and injunction filed by the appellants/plaintiffs. The appellants/plaintiffs, in the suit were the minor children of Sh. Daya Chand, the deceased son of Sh. Ballu Ram/defendant No.1. Suit was filed through their mother-Smt. Sarita. The basic cause of action pleaded in the plaint was the entitlement to share in the suit property admeasuring 25 sq. yds. bearing No.7/429, Trilok Puri, Delhi on the ground that the property was an ancestral property, however this plea of the appellants/plaintiffs has been disbelieved by the trial Court which also holds that the suit property stands validly transferred to a third party, namely, Sh. Ram Bharosay/defendant No.5/respondent No.5. 2. The facts of the case are...

Asha Soni Vs. the New India Assurance Co. Ltd.

Court: Delhi

Pradeep Nandrajog, J. 1. Carrying on business as the sole proprietor of the firm M/s.New Gayatri Cork Industries, vide Ex.DW-1/6, being the cover note, appellant obtained an insurance cover pursuant to her proposal Ex.D-2, assuring her to be indemnified loss or damage to the raw product and finished goods at her factory premises bearing No.3, DLF Industrial Area, Moti Nagar, New Delhi-110015. It is not in dispute that Ex.DW-1/6, the fire temporary cover note, records that the insurance cover in sum of Rs.32,00,000/- pertains to the goods within the factory premises (not in the open) and the period of the cover is June 07, 1993 till June 06, 1994. 2. Unfortunately, neither party has bothered to prove the policy which was subsequently issued by the insurance company. 3. A fire took place on the intervening night of June 12, 1993 and June 13, 1993 in the factory premises of the appellant i.e. within six days and pertaining to which, vide Ex.DW-1/8, on July 08, 1993 i.e. after a delay of 2...

Mrs. Tahra Begum Vs. State of Delhi and Others

Court: Delhi

Reported in: 2012(3)KLT7

S.RAVINDRA BHAT,J. Crl. M.A. 3701/2012 For the reasons mentioned in the application, the application is allowed. Crl. M.A. 3701/2012 is disposed of in the above terms. W.P. (CRL) 446/2012 1. The petitioner seeks a writ of habeas corpus for the production of her daughter (Shumaila). It was alleged that Shumaila was a minor (aged 15) when she was kidnapped by Mehtab on 12.04.2011 along with Rs.1,50,000. The petitioner’s husband reported the kidnapping to the Gokalpuri police and on 14.04.2011 got FIR No. 123 of 2011 registered. 2. It is alleged that after the abduction of Shumaila, on 13.03.2012 the petitioner received telephonic threats from Mehtab stating that if the petitioner took any legal action against him, he would kidnap her other daughter; the police were informed of this incident. It is also alleged that on 19.03.2012 the petitioner approached the Deputy Commissioner of Police and requested him to rescue her minor daughter from the illegal detention of the accused. Ho...

National Insurance Company Ltd. Vs. Babita Devi

Court: Delhi

JUDGMENT G. P. MITTAL, J. (ORAL) 1. The Appeal is for reduction of compensation of Rs.14,09,400/- awarded for the death of Rajeev who died in a motor accident, which took place on 20.05.2010. 2. The deceased was employed as a fitter with M/s. Hindustan Investigation and Security System and was getting a salary of Rs. 6099/- per month. It was proved on record that he was matriculate and had obtained a National Trade Certificate from the Department of Industrial Training and Vocational Education, Haryana, in the trade of fitter. The Claims Tribunal accepted the deceased’s salary to be Rs.6099/-, added 50% towards the future prospects, deducted 1/3rd towards the personal and living expenses and applied multiplier of ‘17’ appropriate to the deceased’s age to compute the loss of dependency as Rs.12,44,400/-. A sum of Rs.1,65,000/-was added towards non-pecuniary damages. 3. The following contentions are raised on behalf of the Appellant. (i) The Claims Tribunal erre...

Shri Rajender Singh and Others Vs. Shri Ravinder Yadav

Court: Delhi

VALMIKI J. MEHTA, J. (ORAL) 1. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC), is to the impugned judgment of the trial Court dated 14.5.2004. By the impugned judgment the suit of the respondent/plaintiff for partition, permanent injunction etc. was decreed with respect to the suit property being H.No. 80(part) Samaipur Main Market, Delhi. 2. The only issue which is urged before this Court is as to whether respondent /plaintiff was or was not the legitimate child of Sh. Rajender Singh and Smt. Murti Devi. Putting it differently, the issue is whether the date of birth of the respondent /plaintiff is 1.3.1975 and whether Smt. Murti Devi married Sh. Rajender Singh earlier on 20.4.1974 as per the case of the respondent/plaintiff or later on 15.12.1975(i.e. after 1.3.1975) as per the case of the appellants/defendants. 3. The facts of the case are that Smt. Murti Devi, mother of the respondent/plaintiff was married to t...

Sumer Singh Vs. Union of India and Another

Court: Delhi

ANIL KUMAR, J. 1. The petitioner, who was not recommended for promotion to the post of Deputy Commandant from the post of Assistant Commandant by the DPCs held on 29th October, 1991; 24th November, 1992 and 17th November, 1993, has sought directions to the respondents to produce the service dossier and other relevant records and has sought perusal of the same and to quash the “displeasure” dated 16th April, 1991 given by the Director General of the Border Security Force and for expunging the adverse remarks in his ACR for the period ending 31st March, 1992. The petitioner has also prayed that on quashing the `displeasure’given by the Director General, Border Security Force and on expunging the adverse remarks from his ACR for the period ending 31st March, 1992, he be given promotion, pay and allowances and other benefits from the date his immediate juniors had been promoted. The petitioner has also prayed for compensation for humiliation and dishonour shown to him on ...

Om Prakash Vs. State of Nct of Delhi (Through Its Secretary)

Court: Delhi

M.L. MEHTA, J. Oral: 1. The present revision petition has been filed under Section 397 Cr.P.C read with Section 401 Cr.P.C. assailing the judgment and order dated 20.1.2012 passed by the learned ASJ whereby the order passed by learned MM on 26.8.2011 convicting the petitioner under Section 279/304A IPC was upheld. 2. The petitioner was charged under the abovementioned sections for causing death of one Ashok Kumar by crushing him under the rear wheels of the bus bearing registration No.DL1P 0866 which was being driven by the petitioner on 06.08.1998. It was the case of the prosecution that on the relevant day at about 5.15 P.M. the deceased was waiting for a bus at the Nanakpura Gurudwara Bus Stand on Ring Road and boarded the offending bus from the front door, but the petitioner accelerated the bus with a jerk which resulted in the loss of balance by the deceased due to which he fell down from the bus and his legs were crushed by the rear wheels of the bus. The petitioner then fled awa...

Vyakti Vikas Kendra, India Public Charitable Trust Thr Trustee Mahesh ...

Court: Delhi

MANMOHAN SINGH, J. (Oral) I.A. No.8878/2012 (u/S. 148, 149 and 151 CPC) 1. Plaintiff has deposited the amount in order to get the court fee. Challan has been filed. Let the court fee be filed within one week. The application is disposed of. I.A. No.8876/2012 2. Original documents/legible/fair typed copies of dim documents be filed within eight weeks from today. The application is disposed of. CS(OS) 1340/2012 and I.A. No.8877/2012 (u/O. XXXIX, R. 1 and 2 CPC) 3. Let the plaint be registered as a suit. 4. Issue summons in the suit and notice in the application to the defendants, returnable on 30.05.2012. Dasti as well. 5. The four plaintiffs, namely, Vyakti Vikas Kendra, India Public Charitable Trust, Mr Gautam Vig, Mrs. Bhanumati Narsimhan and Mrs. Sharmila Murarka, have filed present suit against the defendants for damages to tune of Rs.5,09,00,000/-, permanent and mandatory injunction, mainly on the ground that they are aggrieved, hurt and immensely concerned on account of certain...

Sudesh Anand Vs. A.K. Sinha

Court: Delhi

INDERMEET KAUR, J. (Oral) 1. Impugned order is dated 24.08.2004; the eviction petition filed by the landlady-Sudesh Anand seeking eviction of her tenant-A.K. Sinha from the suit premises under Section 14(1)(e) of the Delhi Rent Control Act on the ground of bona fide requirement had been dismissed. 2. At the outset learned counsel for the respondent has pointed out that this court is sitting in its powers of revision and unless and until a patent illegality or grave injustice accrue to one party qua the other party, no interference by this court is called for; it is in this background that the arguments of the respective parties have been appreciated. 3. Record shows that present eviction petition has been filed by the landlady on the ground of bona fide requirement; there is no dispute about the status of the parties as landlord and tenant; there is also no dispute to the effect that on the date of the filing of the eviction petition which was in February 1998, the family of the landl...

The Great Eastern Shipping Company Limited Vs. Steel Authority of Indi ...

Court: Delhi

Introduction 1. The Great Eastern Shipping Company Limited has filed this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) challenging the Award dated 7th/10th May 2010 passed by a three- Member Arbitral Tribunal in the dispute between the Petitioner and Respondent No.1 Steel Authority of India Limited (‘SAIL’) arising out of a Charter Party (‘CP’) dated 19th December 2007 whereby the Petitioner, as owner, undertook to transport 47000 Metric Tons (‘MTs’) of bulk coking coal in their vessel M.V. Jag Riddhi from Haypoint Australia to the ports of Visakhapatnam (‘Vizag’)/Paradip/Haldia in India. 2. The vessel loaded cargo of 47102 MTs at Haypoint on 18th January 2008. The vessel arrived at Vizag and part discharged 24938 MTs and then proceeded to Haldia where the discharge was completed on 20th February 2008. Disputes arose about the port demurrage/balance freight and the Petitioner invoked the arbi...