Delhi Court February 2014 Judgments
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Oriental Insurance Co Ltd. Vs. Smt Phooli Devi and ors.
Court: Delhi
Decided on: Feb-12-2014
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:12. h February, 2014 % + MAC.APP. 886/2012 ORIENTAL INSURANCE CO LTD. ..... Appellant Represented by: Mr.Amit Gaur, Advocate. Versus SMT PHOOLI DEVI & ORS. Represented by: ..... Respondents Mr. N.K.Singh, Advocate for Respondent Nos. 1 to 7. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) CM No.14044/2012 (for delay) In view of the averments made in the application, the delay of 32 days in filing the instant appeal is condoned. The application stands disposed of. + MAC.APP. 886/2012 1. The instant appeal has been preferred against the impugned award dated 09.04.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.5,05,704/- with interest at the rate of 7.5% per annum from the date of filing the petition till realization of the amount.2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued that the only dependant is wife of the deceased, however, while ca...
New India Assurance Company Ltd Vs. Indira Rani and ors
Court: Delhi
Decided on: Feb-12-2014
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:12. h February, 2014 MAC.APP. 755/2010 NEW INDIA ASSURANCE COMPANY LTD ..... Appellant Represented by: Mr. Abhishek Kumar, Adv. Versus INDIRA RANI & ORS ..... Respondents Represented by: Mr. Amar Khera, Adv. for R1 to R4. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is directed against the impugned award dated 05.10.2010, whereby Ld. Tribunal granted compensation for a sum of Rs.16,57,300/- with interest @ 7.5% per annum for a period of three years.2. Brief facts of the case are that on 18.11.2005, deceased Dhan Singh was going on his motorcycle No.DL-4S-AJ-0957 from Gurgaon to Nangloi. At about 7.50 PM when he reached near bus stand, Village-Chawla, opposite Govt. School, Delhi, within the jurisdiction of PS-Nazafgarh, New Delhi a Truck bearing No.DL-1GA-8848 driven by its driver, respondent No.6 in a rash and negligent manner, came from the side of Bijwasan and overtook the m...
Satish Kumar Arora Vs. Central Bureau of Investigation
Court: Delhi
Decided on: Feb-12-2014
IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 508 of 2008 SATISH KUMAR ARORA ..... Appellant Through: Mr. Vivek Sood with Ms. Sonam Sharma, Advocates. versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr. Manoj Ohri, Spl. PP. CORAM: JUSTICE S. MURALIDHAR ORDER1202.2014 1. This appeal by Mr. Satish Kumar Arora (since deceased and represented by his legal representatives) is directed against the impugned judgment dated 30th May 2008 passed by the learned Special Judge, Delhi in CC No.44 of 2003 holding him guilty of the offence under Section 120-B IPC read with Section 7, 13 (2), 13 (1) (d) of the Prevention of Corruption Act, 1988 (PC Act) and the order on sentence dated 31st May 2008 sentencing the Appellant to undergo one years rigorous imprisonment (RI) and to pay a fine of Rs. 2,000, and in default to undergo simple imprisonment (SI) for seven days for the offence under Section 120-B IPC, and to undergo RI for one and half years and to pay a fine of Rs. 3,000, and in...
City Water Supplier Vs. the New India Assurance Co. Ltd.
Court: Delhi
Decided on: Feb-12-2014
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on 12th February, 2014 % + MAC.APP. 708/2012 CITY WATER SUPPLIER Represented by: ..... Appellant Mr. S.C. Singhal, Advocate. Versus THE NEW INDIA ASSURANCE CO. LTD. ..... Respondent Represented by: Mr. Amit Kumar Singh and Ms. K. Enatoli, Advocates for Respondent No.1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. The present appeal has been preferred against the impugned award dated 14.05.2012, whereby the learned Tribunal granted compensation for a sum of Rs.5,06,100/- with interest at the rate of 9% per annum from the date of filing of the petition till realization of the amount.2. The appellant is the owner of the offending vehicle and is aggrieved with the direction passed by the ld. Tribunal that the permit Ex.R2W1/2 was only for State of Haryana, however, there was no permit to ply the offending vehicle in Delhi. Accordingly, recovery rights were granted in favour of the respondent No.1/Insurance Company ...
Assistant Provident Fund Commissioner Vs. M/S Jhalani Tools (India) Lt ...
Court: Delhi
Decided on: Feb-12-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on February 04, 2014 Judgment Delivered on February 12, 2014 + W.P.(C) 2165/2013 ASSISTANT PROVIDENT FUND COMMISSIONER Represented by: ..... Petitioner Mr.R.C.Chawla, Advocate versus M/S JHALANI TOOLS (INDIA) LTD. Represented by: ..... Respondent Mr.Arun Bhardwaj, Sr. Advocate with Mr.Aman Vachher, Mr.Ashutosh Dubey and Mr.Abhishek Chauhan, Advocates CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The Assistant Provident Fund Commissioner, Faridabad (Commissioner, in short) has filed the present writ petition challenging the order dated March 05, 2013 passed by the Employees Provident Fund Appellate Tribunal, New Delhi (Tribunal, in short) in A.T.A. No.581 (16) 2005 which is an appeal filed by the respondent against the order dated April 26, 2005 passed by the Commissioner under Section 7B of the Employees Provident Fund and Misc. Provisions Act, 1952 (Act in short), whereby the Tribunal has found the appeal fil...
Reliance General Ins Co Ltd Vs. Smt Premlatha and ors
Court: Delhi
Decided on: Feb-12-2014
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:12. h February, 2014 + MAC.A. 363/2012 RELIANCE GENERAL INS CO LTD ..... Appellant Represented by: Mr. Sameer Nandwani, Adv. Versus SMT PREMLATHA & ORS ..... Respondents Represented by: Mr. S. Nanda Kumar, Mr. R. Satish Kumar, Mr. Parivesh Singh, Mr.P. Dhayanand and Mr. Tarun Kr. Dwedi,Advs. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Present appeal is directed against the impugned award dated 03.01.2012, whereby Ld. Tribunal has awarded compensation for a sum of Rs.73,04,620/- with interest @ 7.5% per annum from the date of filing of the petition till realization of the amount.2. Ld. Counsel appearing on behalf of the appellant has argued the instant appeal on the ground that claimants failed to prove that deceased was in permanent job. Despite that Ld. Tribunal has added 50% towards future prospects on the income of the deceased while awarding the compensation.3. To strengthen his arguments, Ld...
Pannalal Rathore and anr. Vs. M/S. W.H. Deeth (Ballabhgarh) and Co.
Court: Delhi
Decided on: Feb-12-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on: February 12, 2014 + I.A. No.7327/2012 in CS(OS) No.1094/2012 PANNALAL RATHORE & ANR. ..... Plaintiffs Through Ms.Anjali Manish, Adv. versus M/S W.H DEETH (BALLABGARH) & CO. ..... Defendant Through Mr.L.D. Adlakha, Adv. with Ms.Ripu Adlakha and Mr.S.B. Sharma, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiffs have filed the suit for specific performance of the written agreement of sale dated 12th June, 2008 against the defendant company in respect of the property located at premises bearing No.GF-I, Ground Floor, No.75-76, Manisha Building, Nehru Place, New Delhi110019 (hereinafter referred to as the suit property) having a total covered area of 1067 square feet.2. Along with the suit, the plaintiffs filed an application under Section 151 CPC read with Section 5 of Limitation Act seeking condonation of delay of 269 days in filing of the suit. Admittedly, the suit was filed in the Registry ...
United India Insurance Co. Ltd. Vs. Rampati Devi and ors.
Court: Delhi
Decided on: Feb-12-2014
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:12. h February, 2014 MAC.A. 935/2006 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Represented by: Mr. K.L. Nandwani, Adv. Versus RAMPATI DEVI & ORS. ..... Respondents Represented by: Mr. B.K. Jha, Adv. for R1 to R6. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Vide the instant appeal appellant / insurance company has assailed the judgment dated 08.09.2006 passed by the Motor Accident Claims Tribunal, whereby the Ld. Tribunal has granted compensation for a sum of Rs.5,18,000/- with interest @ 7.5% per annum from the date of filing of the petition, i.e., 03.08.1999 till realization of the amount.2. The brief facts of the case are that on 10.09.1998, the deceased Anandi Singh @ Anandi Prasad Singh was travelling in Mini Truck registration No.PB08 9636 Tata 407 along with some other workers as they were going from Delhi to Jalandhar. The deceased and other workers had to work in a newly constructed buildi...
New India Assurance Co Ltd. Vs. Surender Kumar Sehgal and ors.
Court: Delhi
Decided on: Feb-12-2014
$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:12. h February, 2014 MAC.APP. 270/2012 NEW INDIA ASSURANCE CO LTD. .... Appellant Represented by: Mr. Sameer Nandwani, Adv. Versus SURENDER KUMAR SEHGAL & ORS. ..... Respondents Represented by: Mr. P.K. Narang, Adv. for R2 to R5. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is directed against the impugned award dated 08.12.2011, whereby ld. Tribunal has granted compensation for a sum of Rs.4,85,700/- with interest @ 7.5% per annum from the date of filing of the petition till realization of the amount.2. Ld. Counsel appearing on behalf of the appellant has argued the instant appeal on the ground that the driver of the offending vehicle was holding fake driving licence on the date of accident. In such eventuality, Ld. Tribunal ought to have exonerated the appellant from any liability. However, Ld. Tribunal has fastened the appellant / insurance company with liability and grante...
Delhi Transport Corporation Vs. Jagroop Singh
Court: Delhi
Decided on: Feb-12-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on February 12, 2014 + W.P.(C) 5100/2013 DELHI TRANSPORT CORPORATION Represented by: ..... Petitioner Ms.Manisha Tyagi, Advocate versus JAGROOP SINGH Represented by: ..... Respondent Ms.Rashmi B. Singh, Advocate CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.(Oral) 1. The challenge in this writ petition by the Delhi Transport Corporation is to the award dated January 02, 2013 in I.D. No.177/1998 whereby the Labour Court has held that the respondent is entitled to the benefit of Section 45 of the Persons with Disabilities (Equal Opportunities, Protection of Rights And Full Participation) Act, 1995 [Act, in short]. and also held that he would be entitled to full back wages for the period between May 15, 1991 to the actual date of his retirement, with continuity of service and consequential benefits and other retiremental benefits as per Rules applicable to the status and cadre of the workman, and further directed to pay a sum...
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