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Delhi Court August 2013 Judgments

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Aug 07 2013

Kidde India Ltd. Vs. Bharat Heavy Electricals Ltd.

Court: Delhi

Decided on: Aug-07-2013

* THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:02. 08.2013 Judgment delivered on:07. 08.2013 + ARB.P. 147/2013 KIDDE INDIA LTD. ......Petitioner Vs BHARAT HEAVY ELECTRICALS LTD. .....Respondent ADVOCATES WHO APPEARED IN THIS CASE: For the Petitioner: Mr. Chandan Kumar, Advocate. For the Respondent: Mr. J.C. Seth, Advocate. CORAM :HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.1. This is a petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 (in short the Act) by which direction is sought of this court to appoint a sole arbitrator who should proceed to deal with the matter from the stage at which the arbitration proceedings had reached with the earlier arbitrator. The earlier arbitrator declined to continue with the arbitration proceedings, pursuant to the proceedings held on 21.11.2012, wherein he communicated his decision to that effect.2. The respondent, however, resists the prayer made on the ground that under the terms of the arbitration ...


Aug 07 2013

Ankit Roy Vs. Guru Gobind Singh Indraprastha University and ors.

Court: Delhi

Decided on: Aug-07-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on Judgment pronounced on :29. 07.2013 :07. 08.2013 W.P.(C) 4748/2013 ANKIT ROY Through: ..... Petitioner Mr. Lalit Kumar and Mr Deepak Vohra, Advs. versus GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY & ORS. ..... Respondents Through: Mr Mukul Talwar and Mr S. Mohapatra, Advs. % + Judgment reserved on Judgment pronounced on :31. 07.2013 :07. 08.2013 W.P.(C) 4823/2013 VINEET @ VINEET KUMAR (MINOR) THROUGH FATHER TEJA RAM ..... Petitioner Through: Mr R.K. Saini and Mr Vikram Saini, Advs. versus GGSIP UNIVERSITY & ANR. ..... Respondents Through: Mr Mukul Talwar, Adv for R-1 Judgment reserved on Judgment pronounced on + :05. 08.2013 :07. 08.2013 W.P.(C) 4660/2013 NIKHIL BANGA AND OTHERS ..... Petitioner Through: Mr Subha Rao and Mr K.L.D.S. Vinober, Advs. versus GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY AND ANOTHER ..... Respondent Through: Mr Mukul Talwar, Adv for GGSIP University Ms. Zubeda Begum, Standing Counsel with Ms. Sana...


Aug 07 2013

Govt. of Nct of Delhi and ors. Vs. Nainika

Court: Delhi

Decided on: Aug-07-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: July 25, 2013 Judgment Pronounced on: August 07, 2013 + W.P.(C) 1520/2012 GOVT OF NCT OF DELHI & ORS ..... Petitioners Represented by: Ms.Avnish Ahlawat, Advocate with Mr.N.K.Singh, Advocate versus SACHIN GUPTA Represented by: ..... Respondent Mr.Ajay Kumar, Advocate W.P.(C) 4483/2012 GNCT OF DELHI AND ORS ..... Petitioners Represented by: Ms.Avnish Ahlawat, Advocate with Mr.N.K.Singh, Advocate versus VIKRAM SINGH Represented by: ..... Respondent Mr.Manoj Ohri, Advocate W.P.(C) 2514/2012 GNCT OF DELHI AND ORS ..... Petitioners Represented by: Ms.Avnish Ahlawat, Advocate with Mr.N.K.Singh, Advocate versus SNEHLATA Represented by: ..... Respondent Mr.M.K.Bhardwaj, Advocate W.P.(C) 4301/2012 GOVT. OF NCT OF DELHI AND ORS ..... Petitioners Represented by: Ms.Avnish Ahlawat, Advocate with Mr.N.K.Singh, Advocate versus NAINIKA Represented by: ..... Respondent Mr.Manoj Ohri, Advocate W.P.(C) 575/2013 DIRECTOR OF EDUCATION AND A...


Aug 07 2013

Khazanchi Vs. State and anr

Court: Delhi

Decided on: Aug-07-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :7. h August, 2013 + CRL.A. 410/2011 KHAZANCHI ..... Appellant Through : None. versus STATE & ANR ..... Respondents Through : Mr.M.N.Dudeja, APP for the State. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) 1. Zakir, Deepak @ Kunti, Rakesh @ Kale and Khazanchi (the appellant) were sent for trial on the allegations that on 10.01.2008 at about 09.30 P.M. they committed robbery and deprived Ajit Singh of his mobile, election I-card, ATM card and cash `1500/-. Zakir was armed with a knife which was used while committing robbery. The First Information Report was lodged after recording Ajit Singhs statement (Ex.PW-1/A) at Police Station Welcome. Two assailants were apprehended at the spot and their names were ascertained as Zakir and Khazanchi. During the course of investigation, Rakesh @ Kale and Deepak @ Kunti were arrested. The Investigating Officer recorded the statements of the witnesses conversant with the facts and on completion of ...


Aug 07 2013

United India Insurance Co Ltd Vs. Shushil Kumar and ors.

Court: Delhi

Decided on: Aug-07-2013

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:7. h August, 2013 % + MAC.APP. 246/2011 UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. Sameer Nandwani, Adv. versus SHUSHIL KUMAR & ORS. ..... Respondents Through: Mr. Rajnish K. Jha, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Instant appeal has been preferred against the award dated 18.12.2010, whereby, ld. Tribunal has awarded compensation as under:1. 2. 3.4. 5.6.7. Compensation for the expenses incurred on medical treatment. Rs. 85,290/Compensation for special diet, conveyance and attendant charges Rs. 35,000/Compensation for loss of income Rs. 23,604/Compensation for loss of earning capacity Rs.3,82,384/Compensation for pain and suffering Rs. 50,000/Compensation for loss of amenities of life Rs. 50,000/Compensation for physical disfigurement due to Permanent disability. Rs. 40,000/Total Rs.6,66,278/- 2. Ld. Counsel appearing on behalf of the appellant argued that ld. Tribunal h...


Aug 07 2013

S.V.S. Raghuvanshi Vs. National Seeds Corporation Ltd. and anr.

Court: Delhi

Decided on: Aug-07-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 2117/1996 7th August, 2013 % S.V.S. RAGHUVANSHI Through: ......Petitioner Mr. Mahesh Srivastava, Mr. Ashok Sharma, Mr. Vaibhav M. Srivastava, Advocates VERSUS NATIONAL SEEDS CORPORATION LTD. & ANR. ...... Respondents Through: Mr. Sudheer Kulshreshtha, Advocate CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, the petitioner impugns the orders passed by the departmental authorities dated 18.1.1993 and 22.6.1994. By the impugned orders penalty of removal from services has been imposed upon the petitioner.2. The only ground urged by the learned counsel for the petitioner is that the impugned orders are hit by the doctrine of proportionality. It is argued that because of the extreme punishment imposed of removal of services for the alleged loss of Rs. 420/-, the entire service record of the petitioner has been wiped out, and the petitioner therefore wil...


Aug 07 2013

National Insurance Co Ltd Vs. Rajbir Singh and ors

Court: Delhi

Decided on: Aug-07-2013

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:7. h August, 2013 MAC.APP. 667/2011 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. L.K. Tyagi, Adv. versus RAJBIR SINGH & ORS ..... Respondents Through: Mr. Vikram Singh, Adv. for R1 and R2. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Instant appeal has been preferred against the award dated 25.04.2011 on the ground that the driver of the offending vehicle was having a fake licence, despite that the ld. Tribunal has not granted recovery rights in favour of the appellant.2. Ld. Counsel appearing on behalf of the appellant submits that the appellant is not entitled to pay any compensation as the vehicle of the insured was being driven by a person, who did not possess a valid driving license.3. The appellant examined Sh. Shyam Singh Bisht, Assistant, National Insurance Company Ltd. as R3W1, who stated that notice under Order 12 Rule 8 CPC was sent to the driver and owner of the offending v...


Aug 07 2013

Sh.O.P.Sharma Vs. Airport Authority of India and anr.

Court: Delhi

Decided on: Aug-07-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 4867/1998 7th August, 2013 SH.O.P.SHARMA Through: ......Petitioner Mr. M.M.Sudan, Advocate. VERSUS AIRPORT AUTHORITY OF INDIA & ANR. ..... Respondents Through: Mr. Vaibhav Kalra and Ms. Sumedha Dang, Advocate for R-1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed by one Sh. O.P.Sharma against his employer-Airport Authority of India impugning the orders dated 16.7.1998 and 7.8.1998 whereby the promotion of the petitioner to the post of Assistant Manager was cancelled as per his request, inasmuch as petitioner on being promoted was transferred to Jaipur, but since petitioner did not want to go to Jaipur and wanted to remain in Delhi, he agreed not to take the promotion to the post of Assistant Manager if he is retained in Delhi.2. The only issue which is required for determination by this Court is that whether the petitioner was illegally t...


Aug 07 2013

Smt. Uma Devi Vs. Smt.Smita Chaudhary

Court: Delhi

Decided on: Aug-07-2013

* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. No.155/2013 Decided on :07. 08.2013 SMT. UMA DEVI Through: Appellant Mr.R.M.Singla and Mr.Manish K.Choudhary, Advocates. Versus SMT.SMITA CHAUDHARY Respondents CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a regular second appeal filed by the appellant against the judgment and decree dated 20.03.2013 passed by the learned ADJ in RCA No. 96/2011 upholding the judgment and decree dated 01.04.2011 by virtue of which the suit of the respondent/plaintiff for a sum of Rs.1 lakh was decreed along with pendent lite and future interest at the rate of 12% per annum.2. Mr.Singla, the learned counsel for the appellant, has raised three questions stating that these are substantial questions of law. i) That the respondent/plaintiff did not discharge his onus of proving the documents on the basis of which the entire suit was based and, therefore, the suit could not have been decreed. ii) That the execution of the documents, which are ...


Aug 07 2013

Ram Narayan Sharma @ Liloo Vs. State (Gnct) Delhi

Court: Delhi

Decided on: Aug-07-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. A. 368/2003 Date of Decision:07. h August, 2013 RAM NARAYAN SHARMA @ LILOO ..... Appellant Through: Mr. B.R. Sharma, Advocate. versus STATE (GNCT) DELHI Through: ..... Respondent Ms. Fizani Husain, APP for the State. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. This appeal is arising out of the judgment dated 27th March, 2003 and order of conviction dated 28th March, 2003 in FIR No. 371/2000 under Sections 308/34 Indian Penal Code, 1860 (IPC) registered at Police Station Kotla Mubarakpur vide which the appellant was convicted for offence under Section 324 IPC and was released on probation for a period of two years on furnishing a bond in the sum of Rs.5,000/- with one surety in the like amount. He was Crl. A.368/2003 Page 1 of 18 also directed to deposit Rs.10,000/- by way of compensation to be paid to the injured.2. Before coming to the grounds of the appeal, it will be in the fitness of things to have a narra...


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