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Delhi Court September 2013 Judgments

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Sep 30 2013

icici Lombard General Insurance Co Ltd. Vs. Angrej Singh and ors.

Court: Delhi

Decided on: Sep-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.A. 846/2011 % Judgment delivered on:30. h September, 2013 ICICI LOMBARD GENERAL INSURANCE CO LTD. ..... Appellant Through: Mr.Navneet Kumar, Advocate. Versus ANGREJ SINGH & ORS. Through: ..... Respondents Mr. Navneet Goyal, Advocate for Respondent Nos. 1 to 3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Instant appeal has been preferred against the impugned award dated 10.03.2011 whereby ld. Tribunal has granted compensation for a sum of Rs.5,76,500/- with interest @ 7.5% per annum from the date of filing of the petition till realization.2. Ld. Counsel appearing on behalf of the appellant submitted that in the Claim Petition, claimants have claimed that deceased was earning a sum of Rs.5,200/- per month as he was employed as an Electrician with M/s. M.R. Switchwell at Vishal Retail Ltd., Bakoli Warehouse. The claimants have placed on record the certificate of the employer of the deceased dated 13.11.2008, which shows that the...


Sep 30 2013

Anureet Malhotra and ors Vs. University of Delhi and ors

Court: Delhi

Decided on: Sep-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:27. 09.2013 Date of Decision: .30.09.2013 W.P.(C) 5087/2013 and CMs No.11454/2013 and 11463/2013 ANUREET MALHOTRA & ORS Through: ..... Petitioner Mr Aman Hingorani, Adv. versus UNIVERSITY OF DELHI & ORS ..... Respondent Through: Mr Mohinder J.S. Rupal, Adv for DU Mr Ashish Kumar, Adv for MCI Ms Zubeda Begum and Sana Ansari, Adv for R-3 Mr Rajeeve Mehra, ASG with Ms Afshan and Mr Sube Singh, Director (M.E.) for UOI (R-5) CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.The petitioners before this Court appeared in the National Eligibility Entrance Test (NEET-UG)-2013-2014, conducted by the Central Board of Secondary Education for admission to various medical colleges. The petitioners no.1 and 2 qualified the aforesaid entrance test, securing overall rank of 3265 and 3357 respectively. The respondentUniversity of Delhi, Faculty of Medical Sciences, came out with a Bulletin of Information for making admissions to t...


Sep 30 2013

Pramod Kumar Kyal Vs. Union of India and anr.

Court: Delhi

Decided on: Sep-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on September 26, 2013 Judgment Delivered on September 30, 2013 + W.P.(C) 4098/2013 PRAMOD KUMAR KYAL Represented by: ..... Petitioner Ms.Jyoti Singh, Senior Advocate with Ms.Saahila Lamba and Ms.Tinu Bajwa, Advocates versus UNION OF INDIA AND ANR. ..... Respondents Represented by: Mr.Rajesh Ranjan, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge in this writ petition is to the order dated November 25, 2011 passed by the Central Administrative Tribunal in Original Application No.976/2011 and order dated January 16, 2013 passed by the Tribunal in C.P No.782/2012 in Original Application No.976/2011, whereby the Tribunal partially allowed the Original Application to the extent the Tribunal directed the respondents to count the period under suspension as qualifying service and on that basis make available to the petitioner post retiral dues and further dism...


Sep 30 2013

Om Prakash Vs. State and anr.

Court: Delhi

Decided on: Sep-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: September 05, 2013 Judgment Pronounced on: September 30, 2013 + (i) CRL.M.C. No.3038/1999 C. VIJAYA KUMAR & ANR. .....Petitioners Through: Mr. Vishwa Bhushan Arya, Advocate versus STATE & ANR. Through: + (ii) .....Respondents Mr.Ravi Nayak Additional Public Prosecutor for Respondent No.1-State Respondent No.2 in person CRL.M.C. No.102/2000 OM PRAKASH .....Petitioner Through: In person versus STATE & ANR. Through: .....Respondents Mr.Ravi Nayak Additional Public Prosecutor for Respondent No.1-State Mr. Vishwa Bhushan, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % 1. JUDGMENT In the above captioned first petition, petitioners are the Deputy General Manager (P&A) and the Manager of Badarpur Thermal Power Station, who are accused of misappropriating the contribution of canteen employees of Badarpur Thermal Power Station (hereinafter referred to as B.T.P.S.) towards Provident Fund.2. Aforesaid petitioners...


Sep 30 2013

The H.P.State Coop. Bank Ltd. Vs. M/S Vinod Kumar and Co. and anr.

Court: Delhi

Decided on: Sep-30-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h September, 2013 % + RFA512003 THE H.P.STATE COOP. BANK LTD. Through: ..... Appellant Mr. Sumant De, Mr. Vivek Agarwal & Mr. A.K. Mehta, Advs. versus M/S VINOD KUMAR & CO. & ANR. Through: ..... Respondents Mr. P.S. Goindi, Advs. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 The counsel for the appellant/plaintiff Bank states that the costs of Rs.10,000/- imposed on 9th September, 2013 while restoring the appeal have been paid.2. The counsel for the respondents/defendants confirms the said fact but seeks an adjournment stating that the Trial Court records were not available with him and he needs to reconstruct the file.3. The appeal was posted for hearing for today vide order dated 9 th September, 2013 and this being already a ten years old matter cannot be adjourned further. The counsel for the respondents/defendants has not argued at his own risk.4. The counsel for the appellant/plaintiff Bank has bee...


Sep 30 2013

Dda Vs. Naresh Kumar and ors

Court: Delhi

Decided on: Sep-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : Decided on : + 09.05.2013 30.09.2013 RFA (OS) 6 OF1993& CM8200OF2012DDA Through: ..... Appellant Mr. Lovkesh Sawhney, Adv. Mr. S.K.Ray, Advs. Versus NARESH KUMAR & ORS. Through : ...... Respondents Mr.J.P.Gupta, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % HONBLE MR. JUSTICE NAJMI WAZIRI1 This is an appeal against the judgment and decree of 30th May, 1991 whereby the learned Single Judge has decreed the suit in favour of respondent (plaintiff) for i) recovery of Rs.20,000/- (Rs.5,000/- towards damages on account of personal injury and Rs.15,000/- towards damages for unlawful demolition order), ii) for recovery of the amount towards loss of income at the rate of Rs.244.37 per month with effect from 7 th December, 1969 till the date of decree and iii) with the direction that the plaintiff would be entitled to interest on the decretal amount at the rate of six per cent per annum. It was...


Sep 30 2013

Prashant Kumar Gupta and ors Vs. Medical Council of India and ors

Court: Delhi

Decided on: Sep-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:17. 09.2013 Date of Decision:30. 09.2013 % + W.P.(C) 6452/2012 PRASHANT KUMAR GUPTA & ORS ..... Petitioners Through: Mr Ashish Bhagat, Sr.Adv with Mr Abdhesh Chaudhary, Adv. versus MEDICAL COUNCIL OF INDIA & ORS ..... Respondents Through: Mr Ashish Kumar and Mr Avijit Mani Tripathi and Mr Rituraj Kumar, Advs. for MCI, Mr Sunil Kumar and Mr Rajiv Ranjan Mishra and Mr Ankit Tyagi, Advs for Respondents 2 and 3 CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.The petitioners before this Court took admission in Doctor of Medicine course of a foreign university, namely, Khazar University, at Baku in Republic of Azerbaijan. The first year of the said course was pursued by the petitioners at Sidhant Institute of Medical Services and Research, Pune, which was an off campus centre of Khazar University in India. They also obtained Eligibility Certificate from Medical Council of India which was necessary, in terms of Eligibility Require...


Sep 30 2013

Jyoti Rani Vs. Guru Gobind Singh Indraprastha University and Anot

Court: Delhi

Decided on: Sep-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on :19. 09.2013 Judgment pronounced on :30. 09.2013 + W.P.(C) 5228/2013 & CM No.11733/2013 (for directions) JYOTI RANI Through: ..... Petitioner Mr. A. Subba Rao & Mr. K.L.D.S. Vinober, Advs. versus GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY AND ANOTHER ..... Respondents Through: Mr. Mukul Talwar & Mr. Vipin Kumar, Advs. for R-1.Ms. Zubeda Begum, Standing Counsel for the GNCTD/R-2. CORAM: HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.The petitioner before this Court belongs to Balmiki community, which is notified as Scheduled Caste in the National Capital Territory of Delhi, under Constitution (Scheduled Castes) Union Territory Order, 1951. Balmiki is also notified as a Scheduled Caste in the undivided State of Punjab in terms of the Constitution (Scheduled Castes), 1950. The petitioner applied for admissions as a Delhi Scheduled Caste candidate to the B.Tech. course of the respondent- Guru Gobind Singh Indraprastha University. ...


Sep 30 2013

B.R. Murar and anr. Vs. theodore JuslIn Sundi

Court: Delhi

Decided on: Sep-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order decided on: September 30, 2013 + C.R.P. No.147/2011 & C.M. No.18559/2011 B.R. MURAR & ANR Through ..... Petitioners Mr.M.S.Ahluwalia, Adv. versus THEODORE JUSLIN SUNDI Through None ..... Respondent CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present petition under Section 115 CPC has been filed by the petitioner against the order dated 21st July 2011 passed by the learned Civil Judge, Tis Hazari Courts, Delhi, whereby a preliminary issue was decided in favour of the respondent in a suit for declaration, permanent injunction and possession filed by the respondent against the petitioner in respect of a flat bearing No.L-II/209 A, Ground Floor, Kalkaji (hereinafter referred to as suit property).2. In the said suit, it was stated that the respondent was the owner of the suit property and allowed the petitioners to reside therein for some time but later terminated their license vide a notice dated 10th March 1985, howe...


Sep 30 2013

The Sovereign School Vs. Directorate of Education, Govt. of Nct of Del ...

Court: Delhi

Decided on: Sep-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:24. 09.2013 Date of Decision:30. 09.2013 % + W.P.(C) 3358 of 2013 THE SOVEREIGN SCHOOL ..... Petitioner Through: Mr. P.D. Gupta & Mr. Kamal Gupta, Advs. versus DIRECTORATE OF EDUCATION, GOVT. OF NCT OF DELHI ..... Respondents Through: Ms. Zubeda Begum, Standing Counsel GNCTD. Mr. Khagesh B. Jha, Adv. for the Intervener. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.The petitioner before this Court is a private recognized but unaided school. The petitioner claims to have notified a total of 140 seats to be filled up in its pre-school level in the academic year 20132014 but was able to fill up only 51 seats in general category and it filled up only 17 seats in the Economically Weaker Sections (EWS) category. The respondent, Directorate of Education, however, notified 21 more EWS seats in the school, on the ground that the total number of such seats in the academic year 2012-2014 was to be 38. The petitionerschool made a rep...


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