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Delhi Court September 2013 Judgments

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Sep 12 2013

Pawan Kumar Vs. C B I and anr

Court: Delhi

Decided on: Sep-12-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1386/2013 Date of decision:12. h September, 2013 PAWAN KUMAR Through: ..... Petitioner Mr. Prashant Bhushan, Mr. Somnath Bharti and Ms. Aakanksha Jha, Advocates. versus C B I & ANR Through: ..... Respondents Mr. P.K. Sharma, SC for CBI with Mr. Anil Kumar Singh and Mr. Bakul Jain, Advocates. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. This is a writ petition under Article 226/227 of the Constitution of India read with Section 482 and 397 of the Code of Criminal Procedure, 1973 seeking the following reliefs:a. Set aside the order dated 26.08.2013 and direct the concerned authorities to release the petitioner-accused from the custody; and b. Direct setting up of a SIT to investigate the conspiracy and corruption surfaced in looting crores of public money; and c. Direct the consolidation of the aforementioned three criminal cases and be heard by the same court as the parties to the cases are common; and d. T...


Sep 12 2013

Sh. Shravan Kumar Gupta Vs. Sh. Tara Chand Gupta and ors

Court: Delhi

Decided on: Sep-12-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI I.A. No. 895/2013 in CS (OS) 1804/2008 Reserved on:29. h August, 2013 Decided on:12. h September, 2013 % SH. SHRAVAN KUMAR GUPTA Through: ..... Plaintiff Mr. Abhay Mani Tripathi, Advocate. versus SH. TARA CHAND GUPTA & ORS ..... Defendants Through: Mr. Shiv Charan Garg, Mr. Shashank Mittal and Mr. Imran Khan, Advocates for Defendant Nos. 1 (a), 2 and 3. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA I.A. No. 895/2013 (by Defendant Nos. 1 to 3 u/Order XI Rule 21 CPC) 1. By this application under Order XI Rule 21 CPC the Defendants seek dismissal of the suit due to non-compliance of order dated 18th September, 2012 passed by the learned Joint Registrar directing the Plaintiff to reply the interrogatories.2. Learned counsel for the Defendant Nos. 1 (a), 2 and 3 contends that the Defendants/applicants sent a notice for interrogatories vide letter dated 19th September, 2012 by Registered Post through their counsel which was duly served on the Plaintiff, h...


Sep 12 2013

Oriental Insurance Co Ltd. Vs. Archna and ors.

Court: Delhi

Decided on: Sep-12-2013

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:12. h September, 2013 % + MAC.APP. 533/2012 ORIENTAL INSURANCE CO LTD. ..... Appellant Through: Mr. A.K. Soni, Advocate. Versus ARCHNA & ORS. ..... Respondents Through: Mr. Shekhar Aggarwal, Advocate for Respondent Nos. 1 to 3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred against the impugned award dated 24.02.2012, whereby the learned Tribunal has granted the compensation as under: Expenses on medical treatment : Rs.4,20,000/- Compensation on account of loss of Dependency : Rs.7,20,000/- Funeral Expenses : Rs. On Account of Loss of Love & Affection : Rs. 10,000/- On account of contribution towards loss of Estate : Rs. 10,000/- Total MAC.APP.533/2012 2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued on two grounds, firstly, the learned Tribunal has wrongly granted 50% towards future prospects. Secondly, though the widow of the deceas...


Sep 12 2013

Mrs Meena Tevary and anr Vs. Shri Jugal Kishore Ratnu and ors

Court: Delhi

Decided on: Sep-12-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI IA 1376/2010 in CS(OS) 2238/2009 Reserved on:12. h August, 2013 Decided on:12. h September, 2013 % MRS MEENA TEVARY & ANR Through ..... Plaintiff Mr. Sanjeev Sindhwani, Sr. Adv. with Ms. Garima Prashad, Mr. Arpan Wadhwan, Advs. versus SHRI JUGAL KISHORE RATNU & ORS Through ..... Defendant Mr. Sandeep Sethi, Sr. Adv. with Mr. Rajesh Yadav, Ms. Ruchira, Mr. S. Khosla, Advs. for D-1. Mr. Anand M. Mishra, Adv. for D-2. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By this application the defendant No.1 seeks rejection of the plaint, inter alia, on the grounds that the suit is barred by limitation and has not been properly valued for the purposes of Court fees.2. Learned counsel for the defendant No.1 submits that even as per Para 11 of the plaint it is evident that the defendant No.1 applied for anticipatory bail before the Court of Additional Sessions Judge, Patiala House wherein vide order dated 31st July, 2006 and 7th August, 2006 reference is made...


Sep 12 2013

icici Lombard General Insurance Co Ltd. Vs. Archana and ors.

Court: Delhi

Decided on: Sep-12-2013

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:12. h September, 2013 MAC.APP. 531/2012 ICICI LOMBARD GENERAL INSURANCE CO LTD. ..... Appellant Through: Ms. Suman Bagga, Adv. versus ARCHANA & ORS. ..... Respondents Through: Mr. Manish Maini, Adv. for R1 to R5. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Instant appeal has been preferred against the impugned award dated 06.03.2012 passed by the ld. Tribunal whereby compensation for a sum of Rs.28,05,816/- has been granted by the ld. Tribunal with interest @ 7.5% per annum from the date of filing of the petition till the Notice Under Order 21 Rule 1 is given by the Insurance Company.2. Ld. Counsel appearing on behalf of the appellant has argued the instant appeal on the two grounds, firstly, the date of birth of the deceased was 15.01.1974 and he met with an accident on 27.06.2009. Therefore, on the date of the accident, he was 35 years 5 months and 12 days of age. Accordingly, keeping in view...


Sep 12 2013

icici Lombard General Insurance Co. Ltd. Vs. Sh. Suresh Chand K. Bajaj ...

Court: Delhi

Decided on: Sep-12-2013

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:12. h September, 2013 % + MAC.APP. 899/2012 & CM No. 14235/2012 ICICI LOMBARD GENERAL INSURANCE CO. LTD. .... Appellant Through: Ms. Suman Bagga, Advocate. Versus SH. SURESH CHAND K. BAJAJ & ORS. Through: ..... Respondents CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) MAC.APP. 899/2012 1. By way of the present appeal, the appellant/Insurance Company is assailing the impugned award dated 07.05.2012, whereby the learned Tribunal has granted a sum of Rs.1,47,050/- as compensation in favour of the respondent No.1/injured.2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued that the learned Tribunal has wrongly granted lawyers fee to the tune of Rs.20,000/-, however, there is no provision in the Motor Vehicles Act, 1988.3. Learned counsel further submitted that in the batch of appeals, titled as ICICI Lombard General Insurance Co. Ltd. Vs. Kanti Devi & Ors., National Insurance...


Sep 12 2013

S.P.Parasher Vs. Rehabilitation Council of India

Court: Delhi

Decided on: Sep-12-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 541/2012 & CM 1147/2012 (stay) 12th September, 2013 % S.P.PARASHER Through: ......Petitioner Mr. Sanjay Sherawat, Advocate VERSUS REHABILITATION COUNCIL OF INDIA Through: ...... Respondent 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, petitioner seeks quashing of the Articles of Charges dated 27.9.2011 and the departmental proceedings initiated in terms of the order dated 13.1.2012.2. A reference to Articles of Charges in this case show that there are five Articles of Charges against the petitioner and all of which contain factual issues. There are charges against the petitioner of changing existing entries in the service book. There is also a charge of forging of entry against the petitioner. All the Article of Charges in some way or the other are connected to each other because of claim of the petitioner to join his past services with an erstw...


Sep 12 2013

Prof.R.Chandra Vs. Gnct of Delhi and ors.

Court: Delhi

Decided on: Sep-12-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No.916/2011 12th September, 2013 PROF.R.CHANDRA Through: ......Petitioner Mr. B.Mahapartra, Adv. VERSUS GNCT OF DELHI & ORS. Through: ...... Respondents Mr. Vibhav Mishra, Ms. Tania Ahlawat, Advocates for Ms. Avnish Ahlawat, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, petitioner seeks direction for quashing of the order dated 31.12.2008 passed by the respondent no.2. The impugned order dated 31.12.2008 has the effect that the petitioners earlier services with Regional Engineering College, Kurukshetra, Haryana (in short REC, Kurukshetra) has not been joined with the service rendered by the petitioner thereafter with respondent no.2 for calculating the pension of the petitioner payable to the petitioner by the respondent no.2.2. The facts of the case are that petitioner joined the REC, Kurukshetra on 3.8.1970 and served there till 23.6.1...


Sep 12 2013

Suman Pahuja and anr. Vs. Naresh Kumar and ors.

Court: Delhi

Decided on: Sep-12-2013

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:12. h September, 2013 % + MAC.APP. 814/2012 SUMAN PAHUJA & ANR. Through: Versus NARESH KUMAR & ORS. Through: ..... Appellants Mr.Navneet Goyal and Ms.Mamta Bhardwaj, Advocates. ..... Respondents Ms. Suman Bagga, Advocate for Respondent No.3/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is filed by the appellants/claimants for enhancement of compensation amount against the impugned award dated 26.04.2012, whereby the learned Tribunal has awarded compensation as under:Loss of dependency : Rs.6,22,440.00 On account of Love and affection : Rs. 25,000.00 Funeral Expenses : Rs. 10,000.00 Total MAC.APP.814 /2012 2. Learned counsel appearing on behalf of the appellants/claimants has argued that the deceased was 23 years of age at the time of accident. Since the claimant could not produce any proof of salary, therefore, keeping in view the minimum wages as applicable for ...


Sep 12 2013

icici Lombard General Insurance Co. Ltd. Vs. Sh. Suresh Chand K. Bajaj ...

Court: Delhi

Decided on: Sep-12-2013

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:12. h September, 2013 % + MAC.APP. 899/2012 & CM No.14235/2012 ICICI LOMBARD GENERAL INSURANCE CO. LTD. .... Appellant Through: Ms. Suman Bagga, Advocate. Versus SH. SURESH CHAND K. BAJAJ & ORS. Through: ..... Respondents CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) MAC.APP. 899/2012 1. By way of the present appeal, the appellant/Insurance Company is assailing the impugned award dated 07.05.2012, whereby the learned Tribunal has granted a sum of Rs.1,47,050/- as compensation in favour of the respondent No.1/injured.2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued that the learned Tribunal has wrongly granted lawyers fee to the tune of Rs.20,000/-, however, there is no provision in the Motor Vehicles Act, 1988.3. Learned counsel further submitted that in the batch of appeals, titled as ICICI Lombard General Insurance Co. Ltd. Vs. Kanti Devi & Ors., National Insurance ...


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