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Delhi Court August 2013 Judgments

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Aug 30 2013

Oriental Insurance Co. Ltd. Vs. Shahnawaz and ors.

Court: Delhi

Decided on: Aug-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:2. d August, 2013 Pronounced on:30. h August, 2013 + MAC.APP. 293/2010 ORIENTAL INSURANCE CO. LTD. ...... Appellant Through: Mr. Pradeep Gaur, Advocate with Mr. Amit Gaur, Advocate versus SHAHNAWAZ & ORS. Through: .... Respondents Nemo. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The Appellant Oriental Insurance Company Limited (the Insurance Company) impugns a judgment dated 03.09.2009 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) in Claim Petition No.20/2008 whereby a compensation of ` 5,05,000/- was awarded in favour of the respondents Nos. 1 to 3 for the death of one Aabid who died in a motor vehicle accident which occurred on 25.04.2005.2. The only ground of challenge raised in the instant appeal is that Ranjeet Singh (Respondent No.5) driver of the offending Tata Sumo bearing registration not HR-55-AD-9530 possessed a licence to drive LMV (NT); thus he was not entitled to drive a comm...


Aug 30 2013

Shri Prabhat and Others Vs. Union of India and Others

Court: Delhi

Decided on: Aug-30-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:30. 08.2013 LPA 12/2009 SHRI PRABHAT AND OTHERS .... Appellants versus UNION OF INDIA AND OTHERS .... Respondents Advocates who appeared in this case: For the Appellants : Mr Kanwar Udai Bhan. For the Respondents : Mr Digvijay Rai for R-2/AAI. Mr Sanjay Kumar Pathak for R-4/Nodal Officer. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED, ACTING CHIEF JUSTICE HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J 1.The present appeal challenges the order dated 12.02.2008 passed by a learned Single Judge of this Court in W.P.(C) No.1115/2008. The appellants had filed the writ petition challenging the order dated 01.08.2007 passed by the Nodal Officer rejecting the claim of the appellant for allotment of an alternative plot in lieu of the land occupied by them in the village of Nangal Dewat. The learned Single Judge had held that in order to be eligible for allotment of alternative lands, a person must satisfy the two conditions of...


Aug 30 2013

Sanjeet Ruhal Vs. University of Delhi and anr

Court: Delhi

Decided on: Aug-30-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. 08.2013 W.P.(C) 1046/2012 SANJEET RUHAL ..... Petitioner Through: Mr. Manish Pratap Singh, Adv. versus UNIVERSITY OF DELHI AND ANR ..... Respondent Through: Mr. M.J.S. Rupal, Adv. CORAM: HONBLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The only issue involved in this writ petition is as to whether the petitioner before this Court is entitled to allotment of a hostel room in Gwyer Hall of Delhi University.2. The petitioner before this Court got himself enrolled with Faculty of Law for Ph.D course with University of Delhi. In October, 2011, the petitioner applied for allotment of a room in Gwyer Hall, which is a hostel of Delhi University meant for lodging its students. However, the name of the petitioner did not appear in the list of the students who were allotted rooms in the said hotel. Being aggrieved from denial of a room in the hostel, the petitioner is before this Court seeking the following reliefs: a. Quas...


Aug 30 2013

The New India Assurance Co. Ltd. Vs. Rakesh Ahuja and ors.

Court: Delhi

Decided on: Aug-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. h July, 2013 Pronounced on:30. h August, 2013 + MAC.APP. 185/2009 TARA SHARMA & ANR. Through: ..... Appellants Mr. Navneet Goyal, Adv. with Ms. Mamta Bhardwaj, Adv. versus THE NEW INDIA ASSURANCE CO.LTD. & ORS...... Respondent Through: Mr. D.D. Singh, Adv. with Mr. Navdeep Singh, Adv. for R-1. Ms. Arati Mahajan, Adv. for R-4/DTC. + MAC.APP. 236/2009 THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. D.D. Singh, Adv. with Mr. Navdeep Singh, Adv. versus RAKESH AHUJA & ORS. Through: + ..... Respondent Mr. Navneet Goyal, Adv. with Ms. Mamta Bhardwaj, Adv. for R-3. MAC.APP. 238/2009 THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. D.D. Singh, Adv. with Mr. Navdeep Singh, Adv. versus RAKESH AHUJA & ORS Through: MAC. APP. 185/2009, 236/2009 & 238/20092 ..... Respondent Mr. Navneet Goyal, Adv. with Ms. Mamta Bhardwaj, Adv. for R-3 to R-6. Page 1 of 11 CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J...


Aug 30 2013

Akuate Internet Services Pvt. Ltd. and anr. Vs. Star India Pvt. Ltd. a ...

Court: Delhi

Decided on: Aug-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:07. 05.2013 PRONOUNCED ON:30. 08.2013 % + FAO(OS) 153/2013, CM APPL. 4665/2013 AKUATE INTERNET SERVICES PVT. LTD. & ANR ..... Appellant Through: Mr. Sudhir Chandra, Senior Advocate with Ms. Gayatri Roy, Mr. Thomas George and Mr. Udit Sood, Advocates. versus STAR INDIA PVT. LTD. & ANR. ..... Respondents Through: Mr. Parag Tripathi, Senior Advocate with Mr. Saikrishna Rajagopal, Mr. Sidharth Chopra, Ms. Sneha Jain, Mr. Nidhiram and Mr. Krishna Mohan, Advocates. Mr. Abhinav Vashisht, Senior Advocate with Ms. Radha Rangaswamy, Mr. Prateek Chadha and Mr. Anirban Sen, Advocates for BCCI. FAO(OS) 160/2013, CAV 265/2013, CAV 266/2013, CM APPL. 4880/2013, CM APPL. 4881/2013, CM APPL. 4882/2013 ONMOBILE GLOBAL LIMITED ..... Appellant Through: Mr. Dushyant A. Dave, Senior Advocate, Mr. Sanjay Jain, Senior Advocate with Mr. Hardeep Singh Anand, Ms. Vandana Sehgal, Mr. Rohan Thawani, Ms. Kriti Singh Gehlout, Ms. Noor Anand and Ms. Ruchi Jain, Ad...


Aug 30 2013

Rahul Kumar Raman Bhai Choudhary Vs. the State (Nct of Delhi)

Court: Delhi

Decided on: Aug-30-2013

$~01. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.APPEAL NO.1100/2010 Judgment reserved on 5th July , 2013 Judgment delivered on 30th August, 2013 % RAHUL KUMAR RAMAN BHAI CHOUDHARY ..... Appellant Through : Mr.Vijay Kumar and Mr.Rajiv Kumar, Advs. Versus THE STATE (NCT OF DELHI) ..... Respondent Through : Ms.Richa Kapoor, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P.MITTAL G.S.SISTANI, J 1.Challenge in this appeal, filed under Section 374(2) of the Criminal Procedure Code, is to the judgment dated 27.3.2009 and the order on sentence dated 27.3.2009 whereby the appellant has been sentenced to imprisonment for life and fine of Rs.20,000/- has been imposed for the offence punishable under Section 302 IPC; rigorous imprisonment for three years for the offence punishable under Section 25 of the Arms Act 1959. The appellant has further been sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 27 of the Arms Act, 1959,...


Aug 30 2013

M/S Opg Metals and Finsec Ltd. Vs. Commissioner of Income Tax and anr.

Court: Delhi

Decided on: Aug-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Writ Petition (Civil) No. 8283/2010 Reserved on:23. d July, 2013 Date of Decision:30. h August, 2013 % M/s OPG Metals & Finsec Ltd. ....Petitioner Through Mr. Salil Kapur, Mr. Vikas Jain, Mr. Sanat Kapur & Mr. Ankit Gupta, Advocates. Versus Commissioner of Income Tax & Anr. Respondents Through Mr. Kamal Sawhney, Advocate. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.OPG Metals and Finsec Ltd. by this writ petition challenges reassessment notice dated 25th March, 2010 under Section 148 of the Income Tax Act (the Act), which relates to assessment year 2003-04 and the order dated 4th October, 2010 passed by the Assessing Officer dismissing their objections to the reassessment notice. CONTENTIONS OF THE PETITIONER 2 The petitioners first contention is that it is a case of change of opinion as earlier a notice dated 7th November, 2006 under Section 148 of the Act was issued to the petitioner, in res...


Aug 30 2013

Manjeet Singh Vs. State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Aug-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. h August, 2013 Pronounced on:30. h August, 2013 + Crl. A.112/2013 MANJEET SINGH Through: ..... Appellant Mr. R.K.Anand, Advocate with Ms. Payal Juneja Advocate Versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through: Ms. Richa Kapoor, APP. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT G. P. MITTAL, J.1. The Appellant impugns the judgment dated 28.07.2012 and order on sentence dated 22.08.2012 passed by the learned Additional Sessions Judge(ASJ) in Sessions Case No.104/2009 FIR No.404/2007 P.S. R.K. Puram whereby Appellant Manjeet Singh was convicted for an offence punishable under Section 302 IPC and was sentenced to undergo imprisonment for life and to pay a fine of `10,000/- and in default to undergo simple imprisonment (SI) for six months.2. Facts of the case leading to the filing of a report under Section 173 Cr.P.C. are extracted from paras 1 and 2 of the impugned judgment hereunder:1...


Aug 30 2013

Oriental Insurance Co.Ltd. Vs. Sh. Harikishan and anr.

Court: Delhi

Decided on: Aug-30-2013

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:30th August, 2013 % + CM(M) 871/2013 ORIENTAL INSURANCE CO.LTD. ..... Petitioner Through: Ms. Manjusha Wadhwa, Advocates. Versus SH. HARIKISHAN & ANR. Through: None. CORAM: HON'BLE MR. JUSTICE SURESH KAIT ..... Respondents SURESH KAIT, J.(Oral) CM No.13284/2013 (for exemption) Exemptions allowed, subject to all just exceptions. The application stands disposed of. CM(M) 871/2013 1. The present petition is preferred against the impugned order dated 30.05.2013, whereby the right of the petitioner to file written statement was closed.2. In the claim petition filed before the learned Tribunal, DAR was filed on 22.01.2013 and the petitioner sought time to file written statement. Thereafter, on two consecutive dates, i.e., 22.02.2013 and 26.03.2013, time was sought by the petitioner for filing the written statement; however, the same was not filed.3. Vide order dated 01.05.2013, at the request of learned counsel for the peti...


Aug 30 2013

Sajjan Pal Vs. Usha Mehta

Court: Delhi

Decided on: Aug-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: Pronounced on: + 22.07.2013 30.08.2013 IA No.17541/2010 in CS(OS) 2526/2010 ..... Plaintiff SAJJAN PAL Through versus USHA MEHTA Through Mr.A.K.Bajpai and Mr.M.N.Khan, Advocates ..... Defendant Mr.Pradeep Dewan, Senior Advocate with Ms.Anupam Dhingra, Advocates CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.IA No.17541/2010 in CS(OS) 2526/2010 1. This is an application filed by the defendant seeking appointment of a Receiver. The accompanying plaint is filed for specific performance of the Agreement to Sell and purchase Flat No. C-105 Sai Baba Co-operative Group Housing Society Ltd., Sector 9 at Plot No.4, Rohini, Delhi-110055. It is stated by the plaintiff that as per Agreement to Sell dated 7.7.2010 entered into between the plaintiff and defendant for the said flat, the plaintiff was to pay a total consideration of Rs.25 lacs. Rs.20 lacs was paid to the defendant through RTGS clearance on 7.7.2010. It is stated that the ba...


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