Delhi Court December 2013 Judgments
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Ex Hon. Lt. Shiv Ram Singh Yadav and Another Vs. Uoi and Others
Court: Armed forces Tribunal AFT Principal Bench New Delhi
Decided on: Dec-16-2013
Learned counsel for the respondents states that the apex court has stayed implementation of the order subject to furnishing the undertaking by the respondents. Directions received from the apex court in civil appeal No. 13399 of 2013 ( UOI vs Lal Chand and Ors) are reproduced below. Mr. Paras Kuhud, learned ASG submits that the Government shall pay the differential amount of pension to the respondents with interest @ 10% p.a. from the date of the order passed by the Tribunal till the actual payment to the respondents and all those similarly situate with them in case the order passed by the Tribunal is eventually upheld. The statement is recorded. The implementation of the impugned order shall in the light of the above statement remain stayed pending further orders from this court. In view of this, learned counsel for the respondents undertakes to pay interest @ 10% on the amount payable to the petitioner on the date it has become due. In view of this the matter shall remain pending til...
J.C Madan and anr Vs. Supreme Court Bar Association
Court: Delhi
Decided on: Dec-13-2013
$~A20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:19. 11.2013 CS(OS) 1872/2013 M/S GOYAL ESTATE & PROMOTERS PVT LTD..... Plaintiff Through Mr. S.K. Bhaduri and Ms.Kiran Dharam, Advocates versus NIRUPA BERRY ..... Defendant Through Mr. Sandeep Sethi, Senior Advocate with Mr. Dhruv Bhagat, Mr.Gaurav Sharma and Mr.Saurabh Mishra, Advocates CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) IA No.15589/2013 (u/O39Rules 1 and 2 CPC) 1. The present suit is filed by the plaintiff seeking a decree of possession in favour of the plaintiff and against the defendant regarding property No.15, Shakuntala Farm situated in Khasra No.93 (4-16) and 94 (4-16), total measuring 9 bighas 12 biswas, Village Sultanpur, Tehsil Mehrauli, New Delhi and also seeking other reliefs.2. It is the claim of the plaintiff that it had purchased the suit property from the erstwhile owner M/s. Britika Export Pvt. Ltd. vide sale deed dated 15.10.1986. Thereafter, construction was carried out. I...
Rajesh Gupta Vs. Central Bank of India
Court: Delhi
Decided on: Dec-13-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:13. hDecember, 2013. + RFA4972004 RAJESH GUPTA Through: ..... Appellant Mr. Sugriva Dubey, Advocate. Versus CENTRAL BANK OF INDIA ..... Respondent Through: Mr. O.P. Gaggar, Advocate. AND RFA2992012 RAJESH GUPTA Through: ..... Appellant Mr. Sugriva Dubey, Advocate. Versus CENTRAL BANK OF INDIA ..... Respondent Through: Mr. O.P. Gaggar, Advocate. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. Both appeals arise from the common judgment and decrees dated 24th May, 2004 of the learned Additional District Judge (ADJ) in Suit No.138/2003 (old Suit No.157/1999) filed by the appellant Mr. Rajesh Gupta and in Suit No.59/2002 (old Suit No.175/2000) filed by the respondent Central Bank of India. The appellant Mr. Rajesh Gupta had instituted the suit for declaration that he had received the Bank Draft dated 7th April, 1999 for Rs.2,45,000/- drawn by the respondent Bank against a bona fide sale effected by him and th...
Oriental Insurance Co Ltd. Vs. Birma Devi and ors.
Court: Delhi
Decided on: Dec-13-2013
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:13 th December,2013 + MAC.APP. 667/2012 ORIENTAL INSURANCE CO LTD. ..... Appellant Represented by: Mr.A.K. Soni, Advocate. Versus BIRMA DEVI & ORS. Represented by: ..... Respondents Mr.Narender Kumar Sharma, Advocate for Respondent Nos. 1 to 3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is directed against the impugned award dated 27.03.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.10,69,104/- alongwith interest at the rate of 7.5% per annum from the date of filing of DAR, i.e., 23.04.2011 till realization.2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued that the age of the deceased on the date of the accident was 50 years, despite that the learned Tribunal has added 50% of the income of deceased towards future prospects.3. Learned counsel appearing on behalf of the respondents/claimants has fairly conceded that g...
Nanhi and ors. Vs. United India Insurance Co. Ltd. and ors.
Court: Delhi
Decided on: Dec-13-2013
$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:13. h December, 2013 % + MAC.A. No.435/2013 NANHI & ORS. ..... Appellant Represented by: Mr. Anshuman Bal, adv. versus UNITED INDIA INSURANCE CO. LTD. & ORS. ..... Respondents Represented by: Mr. Vaidant Chadha, Adv. for Mr. Sameer Nandwani, Adv. for R1. Ms. Avnish Ahlawat and Ms. Chandni Mehta, Advs. for R3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Instant appeal has been preferred against the impugned award dated 06.02.2013, whereby ld. Tribunal has granted compensation for a sum of Rs.8,62,534/- with interest @ 7.5% per annum from the date of filing of the petition till realization.2. Vide the present appeal, appellants are seeking enhancement of the compensation amount as noted above.3. Ld. Counsel appearing on behalf of the appellants / claimants argued that the claimants failed to prove the salary certificate, therefore ld. Tribunal has considered the monthly income of the deceased as Rs.5...
Social Jurist, a Civil Rights Group Vs. Kendriya Vidyalaya Sanghthan a ...
Court: Delhi
Decided on: Dec-13-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2993/2013 SOCIAL JURIST,A CIVIL RIGHTS GROUP ..... Petitioner Through Mr. Ashok Agarwal with Mr. Khagesh B. Jha, Advocates versus KENDRIYA VIDYALAYA SANGHTHAN & ANR Through ..... Respondents Mr. S. Rajappa with Mr. H. Jayaraman and Dr. Puran Chand, Advocates for R-1. Mr. Sunil Kumar with Mr. Rajiv Ranjan Mishra and Mr. T.P. Singh, Advocates for R-2. Reserved on :27. h November, 2013 Date of Decision :13. h December, 2013 % CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:1. Present writ petition has been filed in public interest challenging the Kendriya Vidyalaya Sangathans action of charging fees under various heads including Vidyalaya Vikas Nidhi from its students in civil sector schools and tuition fees from its students in public sector schools studying in classes one to eight on the ground that it is violative of Article 21-A of the Constitution of India as well as contrary to the provisions o...
Ms Shashi Gogia Vs. State and anr
Court: Delhi
Decided on: Dec-13-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :13. h December, 2013 + CRL.M.C. 3057/2013 MS SHASHI GOGIA Through : ..... Petitioner Mr.Bhupender K.Tyagi, Advocate with petitioner present in person. VERSUS STATE & ANR Through : ..... Respondents Mr.M.N.Dudeja, APP. SI Hasrat Ali, CAW/Cell/East. Respondent No.2 represented by his brother. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) 1. Vide order dated 21.05.2013 in Bail Application No.596/2013 the respondent-Anil Kishan Handa was granted conditional anticipatory bail on payment of `2 lacs to the complainant within the stipulated period. The order reveals that the petitioner volunteered to pay ` 2 lacs to the complainant without prejudice and subject to future adjustment towards dowry articles. However, he did not comply with the condition and no payment was made to the complainant. The respondent has contended that his counsel Mr.Pramod Kr. Dubey on his own gave the offer to pay `2 lacs which was never agreed to by him. He has ...
ishwar Singh Vs. University of Delhi
Court: Delhi
Decided on: Dec-13-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: December 13, 2013 + C.R.P. 215/2013 & CM No.19134/2013 ISHWAR SINGH ..... Petitioner Through Mr.Rajesh Jain, Adv. versus UNIVERSITY OF DELHI Through ..... Respondent Mr.Amit Bansal, Adv. with Mr.Shivram Singh & Ms.Ritika Nagpal, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioners application under Order VI Rule 17 CPC read with Section 151 of CPC for amendment of the plaint was dismissed by order dated 14th May, 2003. The said order was challenged by the petitioner in filing of the application under Order XLVII Rule 1 read with Sections 114 & 151 CPC. The review application was decided after more than 10 years, i.e. on 16th August, 2013. Both the orders have been challenged by the petitioner in the present petition. Along with the petition, the petitioner has also filed an application being C.M. No.19134/2013 for condonation of delay of 10 years 2 months and 18 days in filing the petition.2...
National Insurance Co Ltd. Vs. Kanchan Devi and ors.
Court: Delhi
Decided on: Dec-13-2013
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:13 th December,2013 + MAC.APP. 601/2012 NATIONAL INSURANCE CO LTD. ..... Appellant Represented by: Mr.Amit Gaur, Advocate. Versus KANCHAN DEVI & ORS. Represented by: ..... Respondents Mr. Anshuman Bal, Advocate for Respondent Nos. 1 to 4. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is directed against the impugned award dated 15.02.2012, whereby the learned Tribunal has granted compensation as under:Loss of Dependency Rs.6,24,000/- Funeral Expenses Rs. 25,000/- Love & Affection Rs. 45,000/- Loss of Consortium Rs. 25,000/- TOTAL Rs.7,19,000/- Interest at the rate of 9% per annum was also awarded from the date of filing of the petition till its realization.2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued that the respondents/claimants have filed the claim petition under Section 163A of the Motor Vehicles Act, 1988 and accordingly, the same has be...
Arun Garg Vs. Delhi Paints and Oil Traders
Court: Delhi
Decided on: Dec-13-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:13. h December, 2013 + CRL.M.C. 2679/2013 & Crl.M.A.10254/2013 ARUN GARG Through: ..... Petitioner Mr. Kshitij Shakhdar, Adv. versus DELHI PAINTS AND OIL TRADERS ..... Respondent Through: Mr. Rakesh Malhotra, Adv. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA SUNITA GUPTA, J.(Oral) 1. By virtue of the present petition, petitioner seeks quashing of the summoning order dated 22.08.2005 whereby petitioner has been summoned for an offence u/s 138 of the Negotiable Instruments Act, 1881 (for short N.I Act) in Complaint Case No.546/1/13 titled as Delhi Paints and Oil Traders v. M/s Mega Lube India Ltd & Ors.2. The grievance of the petitioner is that the petitioner had joined the company as a Director in the year 2001 and resigned from the said post on 27.07.2002. Form 32 was signed and submitted with the Registrar of Companies to this effect on 31.07.2002. Since the date of resignation, the petitioner was not involved in any affairs of t...
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