Delhi Court May 2012 Judgments
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M/S National thermal Power Corporation Vs. M/S Techno Electric and Eng ...
Court: Delhi
Decided on: May-02-2012
SANJAY KISHAN KAUL, J. 1. A contract was entered into between the parties on 12.05.1977 for laying and termination of power/control/excitation and communication cable, installation of cable trays, support, pipes and accessories etc. by the respondent. The agreement inter se the parties contained an arbitration clause i.e. Clause 25 which inter alia provided that “no person other than a person appointed by the Chairman, Central Electricity Authority or member (Thermal) Central Electricity Authority should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all.” 2. In view of the disputes arising inter se the parties, the respondent filed an application under Section 20 of the Arbitration Act, 1940 („the said Act‟for short) which was registered as Suit No.28-A/1979. The appellant also had certain counter claims. The matter was directed to be referred to arbitration in terms of the order dated 09.05.197...
Anita Devi and Others Vs. New India Assurance Co. Ltd. and Others
Court: Delhi
Decided on: May-02-2012
G. P. MITTAL, J. (ORAL) CM APPL.13423/2009 (Delay) There is a delay of 134 days in filing the Appeal. For the reasons stated in the application, the same is allowed. Delay of 134 days in filing the Appeal is condoned. The application stands disposed of. MAC.APP. 460/2009 1. The Appellant Anita Devi the deceased’s mother seeks enhancement of compensation of Rs. 2,60,000/- awarded for the death of her son Chetan, a school going child, aged about 11 years. 2. The compensation awarded is tabulated hereunder:- Sl. No. Compensation under various heads Awarded by the Claims Tribunal 1.Loss of DependencyRs.2,25,000/-2.Loss of Love and AffectionRs. 25,000/-3.Funeral ExpensesRs. 5,000/-4.Loss to EstateRs. 5,000/-Total Rs. 2,60,000/-3. It is urged by the learned Counsel for the Appellant that the compensation awarded is very meager. 4. On the other hand, the learned Counsel for the Insurance Company submits that in case of the death of a minor child it is very difficult to assess the act...
United India Insurance Co Ltd and Another Vs. Inder Singh and Others
Court: Delhi
Decided on: May-02-2012
G. P. MITTAL, J. (ORAL) 1. MAC APP.420/2011 and MAC APP.455/2012 arise out of a judgment dated 03.03.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.6,23,000/- was awarded for the death of Smt. Sumitra Devi. 2. MAC APP.420/2011 is for reduction of compensation awarded while MAC APP.455/2012 is for enhancement of the compensation. 3. The finding on negligence is not challenged by the Appellant Insurance Company. 4. The contentions raised on behalf of the Insurance Company are that :- (i) During inquiry before the Claims Tribunal, it was claimed that the deceased Sumitra Devi was doing the job of stitching and embroidery and was earning Rs.3,000/- per month, that having not been proved, the notional income of Rs.15,000/- per annum ought to have been taken into consideration by the Claims Tribunal instead of considering the income of Rs.3,000/- per month on the basis of the judgment in Lata Wadhwa and Ors. v. State of Bihar and Ors., ...
Rajeev Kumar Bansal Vs. Union of India and Others
Court: Delhi
Decided on: May-02-2012
ANIL KUMAR, J. 1. The petitioner has sought the quashing of order of dismissal dated 16th February, 2009 passed by the Deputy Inspector General Sector HQ SSB Lakhimpur and order dated 31st January, 2012 passed by the Director General, Sashastra Seema Bal dismissing the appeal of the petitioner. The petitioner has sought his reinstatement with continuity of service, arrears of pay and allowances and all other service benefits. 2. Brief facts to comprehend the disputes raised by the petitioner are that he was enrolled in Sashastra Seema Bal (SSB) in 1991 as Sub Inspector (P). The petitioner was thereafter, transferred by order dated 28th December, 2005 from Delhi to Palia Kalan. The petitioner had sought the cancellation of the transfer order, however, the petitioner was relieved from FHQ by order dated 24th January, 2006, and he was directed to report to the Commandant 25th Bn. It was also pointed out that in the transfer order dated 28th December, 2005 the name of the petitioner was, m...
Abdul Mutalib Vs. Union of India and Others
Court: Delhi
Decided on: May-02-2012
P.K.BHASIN, J. 1. The appellant is the unsuccessful plaintiff in a suit for declaration, mandatory and permanent injunction filed against the respondents herein. 2. The case of the plaintiff-appellant(hereinafter to be referred as ‘the plaintiff’) was that he was running a dhaba since the year 1970 in Okhla Industrial Estate near factory no. 229 on a small piece of land. Other persons were also doing their business in that area like that. In the year 1981, the dhabas/stalls etc., where the plaintiff and others were doing their business, were ordered to be demolished as the same were unauthorisedly constructed and occupied on public land/pavements. In order to accommodate people like the plaintiff who were earning their livelihood from there and who would have been uprooted because of demolition of their dhabas/stalls a Scheme was framed by the Directorate of Industries, respondent no. 3 herein, for allotment of alternative sites to all those persons whose stalls were to be ...
inderjeet Arya and Another Vs. Icici Bank Ltd.
Court: Delhi
Decided on: May-02-2012
RAJIV SHAKDHER, J 1. The present writ petition is directed against the judgment of the Debt Recovery Appellate Tribunal (in short DRAT) dated 29.08.2011 passed in miscellaneous appeal no. 306/2011in OA No. 118/2009 and the orders dated 30.05.2011 and 03.05.2010 passed by the Debt Recovery Tribunal - II, Delhi (in short DRT). 2. In so far as the first order of the DRT is concerned, i.e., order dated 03.05.2010, the petitioners are aggrieved by the fact that the DRT has directed sine die adjournment of proceedings only qua the principal debtor, which is, Rajat Pharma Chem Ltd. (in short, RPL) and not extended the said direction in their favour. The petitioners aver that they are the guarantors to the debt owed by the aforementioned principal debtor. Though we must point out here that one of the defences taken before the DRT, by RPL, is that, it is not the principal debtor and that another entity, being State Trading Corporation of India Ltd. (in short, STC) is the principal debtor...
Shivraj Krishan Gupta Vs. Chander Krishan Gupta and Others
Court: Delhi
Decided on: May-02-2012
INDERMEET KAUR, J. (Oral) 1. Order impugned before this Court is the order dated 27.02.2012 vide which the application filed by the petitioner under Section XLVII of the Code of Civil Procedure (hereinafter referred to as the ‘Code’) seeking a review of the order dated 24.11.2011 had been dismissed. On 24.11.2011, the averments made by the petitioner that the reserve price of the suit premises (property No. 38-A, Amrita Shergill Marg) (which had been fixed by the Court on 26.03.2008 in the sum of Rs.1.40 crores) in view of the intervening long period of time and property prices having escalated in this period requiring a revision in the reserve price had been declined. 2. Record shows that a preliminary decree of partition qua the aforenoted suit property had been passed on 08.08.1980; 25% of the share in the suit property devolved upon the present petitioner; this was a dispute inter-se four branches of the same family. On 08.04.2002, a single Judge of the High Court had ...
Brij Mohan Gupta Vs. the Registrar of Societies
Court: Delhi
Decided on: May-02-2012
VIPIN SANGHI, J. (Oral) 1. The petitioner assails the order dated 04.02.2011 passed by the Registrar of Societies (Registrar, for short) whereby the registration of the society, of whom the petitioner is the Secretary, stands cancelled. The petitioner also seeks a mandamus for restoration of the Society’s registration No.62867/2008. 2. The case of the petitioner is that in the year 2000, the petitioner along with other like minded persons, who are followers of “Baba Goga Medi” formed an association and gave it the name “Delhi Dharmik Sewa Sangh Goga Medi Rajasthan”, having its office at 16/33, East Punjabi Bagh, Delhi. After the formation of the said association, steps were taken for getting the same registered under the Societies Registration Act. The President of the society gave affidavits in terms of the guidelines framed by the respondent, Govt. of NCT of Delhi, at the time of formation of the society. The format of the affidavit required to be subm...
Master Shanker and Another Vs. Shri Suresh Kumar and Others
Court: Delhi
Decided on: May-02-2012
G. P. MITTAL, J. (ORAL) 1. These two Appeals arise out of a judgment dated 10.10.2008 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.1,33,000/- was awarded in favour of Master Shanker (the Claimant) who suffered multiple injuries including fracture pelvis-hemoperitoneum in an accident which occurred on 26.11.1997. 2. Immediately after the accident, the Claimant was admitted to Safdarjung Hospital. On the same day, he was shifted to Mata Chanan Devi Hospital where he remained admitted from 26.11.1997 to 03.12.1997. The Appellant underwent surgery in Mata Chanan Devi Hospital. It was claimed that the Appellant spent a sum of Rs.50,000/- towards treatment, and he also suffered in his studies. 3. Respondent No.4 was stated to be the registered owner and financer of the vehicle, Respondent No.5, the owner and Respondent No.3 the Insurer of the vehicle. 4. The Claims Tribunal found that the accident was caused on account of the rash and negli...
Rajinder Singh Vs. R.M. Soni and Others
Court: Delhi
Decided on: May-02-2012
G. P. MITTAL, J. (ORAL) 1. The Appeal is for enhancement of compensation of Rs.28,151/- awarded in favour of Rajinder Singh who suffered injuries in a motor accident which occurred on 23.08.1985. 2. At the time of the accident, the Appellant was working as a Meter Reader in Delhi Electricity Supply Undertaking (DESU) and was earning a salary of Rs.2226.15P per month (as deposed by PW-1). 3. The Appellant suffered injuries on various parts of his body including crush injuries on the right leg. He suffered fracture of both bones in the right leg. He was operated upon in Hindu Rao Hospital. He then received treatment in Safdarjung Hospital and Sir Ganga Ram Hospital. On account of the treatment he took leave for the period of about 13 months. As per the Disability Certificate issued by Dr. S.P. Mandal, there was permanent disability to the extent of 40% in respect of his right lower limb. 4. Since there is no challenge to the impugned judgment by the driver, the owner or the Insurance C...
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