Delhi Court September 2013 Judgments
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The New India Assurance Co. Ltd Vs. Maya Devi and ors.
Court: Delhi
Decided on: Sep-11-2013
R~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:11. h September, 2013 % + MAC.APP. 260/2006 THE NEW INDIA ASSURANCE CO. LTD ..... Appellant Through: Mr. Pankaj Seth, Adv. versus MAYA DEVI AND ORS. ..... Respondents Through: Mr. Navneet Goyal, 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 06.12.2005, whereby the ld. Tribunal has granted a compensation for a sum of Rs.10,85,000/- with interest @ 6% per annum from the date of filing of the petition till the date of actual payment.2. Ld. Counsel for the appellant has mainly argued on the ground that the claimant has claimed that the deceased was working as a driver-cum-conductor-cum-helper on RTV bus and was earning Rs.5,000/- as an employee and Rs.3,000 to Rs.3,500/- per month from a Dairy (Milk Business).3. He further submitted that neither the claimant could prove the salary of Rs.5,000/- nor any employment throug...
Raj Kumar Vs. Govt.of Nct of Delhi and ors
Court: Delhi
Decided on: Sep-11-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h September, 2013 % + RFA No.302/1997 RAJ KUMAR Through: ..... Appellant Ms. Neha Gupta, Adv. Versus GOVT.OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Amitabh Marwah, Adv. for GNCTD. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The appeal impugns the judgment and decree dated 31 st July, 1997 of the Court of the Addl. District Judge, Delhi of dismissal of Suit No.201/1996 filed by the appellant/plaintiff for recovery of Rs. 1,28,700/from the respondents/defendants Commissioner, Food, Supplies and Consumers Affairs of the Govt. of NCT of Delhi.2. The appeal was admitted for hearing. Upon it being reported that the Trial Court record had been destroyed, the counsel for the appellant/plaintiff was directed to file copies of the said record. The appeal was on 3 rd November, 2011 dismissed in default of appearance of the appellant/plaintiff but on application of the appellant/plaintiff was vide ord...
Nand Kishore Megh Raj Jewellers Vs. Commissioner of Sales Tax
Court: Delhi
Decided on: Sep-11-2013
$~31. * IN THE HIGH COURT OF DELHI AT NEW DELHI + SALES TAX REFERENCE NO. 1/2012 Date of decision:11. h September, 2013 NAND KISHORE MEGH RAJ JEWELLERS ..... Petitioner Through Mr. Rajesh Mahna Ramanand Roy, Advocates. & Mr. versus COMMISSIONER OF SALES TAX ..... Respondent Through Mr. A.K. Babbar, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): Appellate Tribunal Value Added Tax, Delhi by their order dated 3rd January, 2012, have referred the following three questions under Section 45(1) of the Delhi Sales Tax Act, 1975:1. Whether on the facts and circumstances of the case Tribunal was justified in holding that the appellants contravened the third proviso to Section 4(2)(a) even if part of the manufacturing process is carried out outside Delhi and then these goods have been received back in Delhi and the process of finishing howsoever insignificant but have been finally manufactured in Delhi where the finishing is done a...
Madan and ors. Vs. Ndpl and ors.
Court: Delhi
Decided on: Sep-11-2013
5 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14139/2006 MADAN & ORS. ..... Petitioners Through: Ms. Aruna Mehta, Advocate. versus NDPL & ORS. ..... Respondents Through: Mr. Anupam Varma, Advocate with Mr. Nikhil Sharma and Mr. Jibran Tak, Advocates for respondent No.1/NDPL. SI Premvir Singh, PS Sultanpur, Delhi. Date of Decision:11. h September, 2013. % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral):1. Present writ petition has been filed seeking a direction to respondents No.1 and 2 to pay to the petitioners Rs.16,00,000/- on account of death of deceased No.1 and Rs.22,00,000/- on account of death of deceased No.2 along with interest @ 12% per annum from the date of the petition till its realisation.2. In the petition, it is alleged that the two deceased, namely, wife and son were electrocuted on 03rd June, 2006 due to coming in contact with a bare electrical wire which fell down from a wooden plank negligently maintained by respondent No.1.3. Respondent N...
Smt. Triveni Verma Vs. Sh. Vikas Girdhar
Court: Delhi
Decided on: Sep-11-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h September, 2013 % + RFA No.227/2013 SMT. TRIVENI VERMA Through: ..... Appellant Mr. Sanjiv Bahl, Mr. R.K. Tarun, Mr. Ajay Shekhar & Mr. Eklavya Bahl, Advs. Versus SH. VIKAS GIRDHAR Through: ..... Respondent Mr. J.P. Sengh, Sr. Adv. with Mr. Rakesh Patiyal, Mr. Sumeet Batra & Ms. Ankita Gupta, Advs. CORAM : HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This appeal impugning the ex parte judgment and decree (dated 22.01.2010 of the Court of Additional District Judge-01, North, Delhi in CS No.242/2009 filed by the respondent for specific performance of an Agreement of Sale) is accompanied with CM No.7455/2013 for condonation of 1155 days delay in filing the appeal.2. Notice only of the application seeking condonation of delay in filing the appeal was issued and the counsel for the respondent / plaintiff has filed reply thereto. When the matter was listed on 19.08.2013, finding that the appellant / defendant ha...
Government of Nct of Delhi and Others Vs. K.K. Prasad
Court: Delhi
Decided on: Sep-11-2013
$~2&3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:11. 09.2013 + W.P.(C) 5554/2013 GOVERNMENT OF NCT OF DELHI AND OTHERS ..... Petitioners versus K.K. PRASAD ..... Respondent W.P.(C) 5681/2013 GOVERNMENT OF NCT DELHI AND OTHERS ..... Petitioners versus N.C. GOEL ..... Respondent Appearance: Mr. V.K. Tandon, Advocate for petitioners in both cases. Mr. Sourabh Ahuja, Advocate for respondents in both cases. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. In these petitions, the Government of NCT of Delhi has claimed to be aggrieved by a common order of the Central Administrative Tribunal (C.A.T.) dated 02.04.2013. By the impugned order, the C.A.T. allowed the two applications preferred by the respondents in each of the present petitions.2. The respondents were recruited as Lecturers by the Government WP (C) 5554 & 5681/2013 Page 1 of NCT of Delhi in its Department of Training and Technical Education to teac...
Om Prakash Vs. Shanti Swaroop
Court: Delhi
Decided on: Sep-11-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h September, 2013 % + RFA 575/2004 OM PRAKASH ..... Appellant Through: Mr. P.S. Rana, Adv. Versus SHANTI SWAROOP ..... Defendant Through: Mr. Davinder Hora, Adv. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The appeal impugns the judgment and decree dated 24.07.2004 of the Court of Additional District Judge, Delhi of dismissal of suit No.621/2001 filed by the appellant / plaintiff inter alia for partition of property not OIV/19, Lajpat Nagar, New Delhi.2. Notice of the appeal was issued and the Trial Court record requisitioned. The appeal was admitted for hearing on 12.09.2006 and vide interim order of the same date, the parties were directed to maintain status quo as regards possession and title of the suit property. The respondent / defendant died during the pendency of the appeal and vide order dated 16.03.2012 his widow and son were substituted in his place. The widow of the deceased respondent / ...
Dr. D.K. Modi Vs. V.K. Modi and ors.
Court: Delhi
Decided on: Sep-11-2013
IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) No. 974 of 2007 DR. D.K. MODI ..... Plaintiff Through: Dr. A.M. Singhvi and Mr. Sanjay Jain, Senior Advocates with Mr. Saurabh Kripal, Ms. Jayashree Shukla, Mr. Abhinav Dasgupta and Mr. Nilesh, Advocates. versus V.K. MODI AND ORS ..... Defendants Through: Mr. T.K. Ganju, Senior Advocate with Mr. Vijay Gupta, Ms. Geeta Goel, Mr. Chetan Swrup, Mr. Amit Paliwal, Advocates for D-2/MRL. Mr. Ravi Kumar Aggarwal with Ms. Singdha Pandey, Advocates for D-3 to 6. Ms. Archana Lakhotia, Advocate for D-1. CORAM: JUSTICE S. MURALIDHAR ORDER 11 09.2013 IA No. 7474 of 2011 (filed by Plaintiff u/O VI R 1.CPC) 1. By this order the Court disposes of IA No. 7474 of 2011 filed by the Plaintiff under Order VI Rule 17 of the Code of Civil Procedure 1908 (CPC). The Court also proceeds to pass a consequential order in the main suit itself.2. The above suit has been filed by Dr. D.K. Modi against Mr. V.K. Modi, son of late Mr. Rai Bahadur Gujar Mal Modi, Defendant...
New India Assurance Co. Ltd. Vs. Badlu and Another
Court: Delhi
Decided on: Sep-11-2013
R~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. h September, 2013 MAC.APP. 280/2005 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Adv. versus BADLU AND ANOTHER ..... Respondents Through: Mr. Ravinder Garia, Adv. for R1. Mr. Rohit Minocha and Mr. D.K. Pradhan, Advs. for R2. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The instant appeal has been preferred against the impugned award dated 20.11.2004 whereby the ld. Tribunal has granted compensation to the tune of Rs.2,53,328/- with interest @ 7%.2. Ld. Counsel appearing on behalf of the appellant has argued only on the issue that the respondent no. 1 / injured was travelling in Truck No. HR-38E-7082 along with other two persons. He was going towards Vyavar from Shahpura, Jaipur. The truck was being driven by its driver Sumer Singh, who also died in the said accident.3. Ld. Counsel for the appellant submits that the Truck is a commercial vehicle and was insured with ...
Rajesh Gupta Vs. State (Nct) of Delhi
Court: Delhi
Decided on: Sep-11-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 239/2010 & Crl.M.B.119/2013 Date of Decision:11. h September, 2013 RAJESH GUPTA Through: ..... Appellant Mr. S.B .Dandapani, Advocate. versus STATE (NCT) OF DELHI Through: ..... Respondent Ms. Fizani Husain, APP for the State with SI Vinod Kumar, P.S Pandav Nagar. AND + CRL.A. 1047/2009 PANKAJ GUPTA Through: ..... Appellant Mr. Krishan Kumar and Ms. Sunita Arora, Advocates. versus STATE Through: ..... Respondent Ms. Fizani Husain, APP for the State with SI Vinod Kumar, P.S Pandav Nagar. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT :SUNITA GUPTA, J.1. Challenge in these appeals is to the judgment dated 30.10.2009 and order on sentence dated 06.11.2009 arising out of Sessions Case No.76/2005 in case FIR No. 631/2004 u/s 392/394/397/452/506 (ii)/342/34 IPC & 25/27 Arms Act vide which the accused were held guilty for all the offences and were sentenced as under: Sentenced to undergo rigorous imprisonment for a period of seven years e...
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