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Delhi Court March 2014 Judgments

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Mar 19 2014

New India Assurance Company Ltd. Vs. Shakuntala Mehta and ors.

Court: Delhi

Decided on: Mar-19-2014

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:19. h March, 2014 + MAC.APP. 547/2011 NEW INDIA ASSURANCE COMPANY LTD. ..... Appellant Represented by: Ms. Meenakshi Midha, Adv. Versus SHAKUNTALA MEHTA AND ORS. ..... Respondents Represented by: Mr. Sanjay Kumar and Mr. R.L. Arora, Advs. for R1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) + MAC.APP. 547/2011 1. The present appeal has been preferred against the impugned award dated 30.03.2011, whereby Ld. Tribunal has awarded compensation for an amount of Rs.4,74,490/- with interest @ 7.5% per annum from the date of filing of the claim petition till realization of the amount.2. Ms. Meenakshi Midha, Ld. Counsel appearing on behalf of the appellant submits that the injured was 62 years of age on the date of accident. She was housewife. She received 45% disability in relation to right lower limb, however, Ld. Tribunal has assessed 45% functional disability qua the whole body, which is contrary to the se...


Mar 19 2014

Manjeet Singh Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: March 19, 2014 + CRL.A. 51/1998 MANJEET SINGH Through: ..... Appellant Mr. R.K. Anand and Mr. Chetan Anand, Advocates Versus STATE (NCT OF DELHI) Through ..... Respondent Mr. Sunil Sharma, APP for the State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT KAILASH GAMBHIR, J.1. By this appeal filed under Section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as "Cr.P.C."), the appellant seeks to challenge the judgment and order on sentence dated 14.01.1998 and 15.01.1998, respectively, whereby the learned Additional Sessions Judge, Delhi, has convicted the appellant for committing an offence punishable under Sections 302/307/324 Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced him to undergo rigorous imprisonment for life together with imposition of fine of Rs. 1000/- and in default of payment of fine, to further undergo simple imprisonment for thre...


Mar 19 2014

K.L.Katyal Vs. Dr. Pankaj Kumar

Court: Delhi

Decided on: Mar-19-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on :March 06,2014 Judgment Pronounced on :March 19,2014 + RFA(OS)122/2013 K.L.KATYAL ..Appellant Represented by: Mr.M.S.Vinaik, Advocate versus DR. PANKAJ KUMAR ....Respondent Represented by: Mr.Pradeep Kumar Arya with Mr.Rajesh Kalra, Mr.Narendra Chaudhary, Mr.Kamal Chabra and Mr.Siddhant Singh, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The present Regular First Appeal is filed challenging the judgment and decree of the learned Single Judge of this Court dated September 03, 2013 passing a decree in favour of the respondent for specific performance of Agreement to Sell dated February 19, 2005.2. The respondent filed the present suit stating that the appellant is the absolute owner of Flat bearing C-1A/98-A, Pankha Road, Janakpuri, New Delhi-110058. It is stated that the parties entered into an Agreement to Sell on February 19, 2005 where it was agreed that the...


Mar 19 2014

United India Insurance Co. Ltd. Vs. Gurmeet Singh and ors.

Court: Delhi

Decided on: Mar-19-2014

$~R-1C * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:19th March, 2014 % + MAC.APP. No.797/2005 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Represented by: Mr.K.L.Nandwani, Advocate. Versus GURMEET SINGH AND ORS. Represented by: ..... Respondents None. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred against the impugned award dated 26.07.2005, whereby the learned Tribunal has granted compensation for an amount of Rs.1,13,500/- with interest at the rate of 6% per annum from the date of filing of the petition till realization of the amount.2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that driver of the offending vehicle was not holding valid driving licence on the date of accident, i.e., 13.06.1999, despite, the learned Tribunal has not granted recovery rights in favour of the appellant and against the respondent Nos. 2 and 3, i.e., driver and owner of the offending vehicle respectiv...


Mar 19 2014

Priyam Vada Goel Through Sanjay Raju Goel Vs. Bses Yamuna Power Ltd (B ...

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA No.83/2014 19th March, 2014 % PRIYAM VADA GOEL THROUGH SANJAY RAJU GOEL ....Appellant Through: Ms. Babita Seth, Advocate. VERSUS BSES YAMUNA POWER LTD (BYPL) AND ORS. Through: ...... Respondents CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Nos.4977/2014 and 4978/2014 (exemption) 1. Exemption allowed subject to just exceptions. C.M.s stand disposed of. + RSA No.83/2014 and C.M. No.4976/2014 (stay) 2. This is a Regular Second Appeal filed under Section 100 of Code of Civil Procedure, 1908 (CPC) impugning the concurrent judgments of the Courts below; of the trial Court dated 26.10.2012 and the first appellate Court dated 7.11.2013; by which the suit of the appellant/plaintiff for mandatory injunction for directions to the respondent Nos.2 to 4/defendant Nos.2 to 4 to remove their electricity meters which are installed in the common passage of the property Nos.4796, 4797 and ...


Mar 19 2014

Jaswant Singh Vs. Atma Singh

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: February 12, 2014 Judgment Delivered on: March 19, 2014 % + RFA(OS) 101/2013 JASWANT SINGH Represented by: ..... Appellant Mr.Rajat Aneja and Ms.Rashmi Verma, Advocates. versus ATMA SINGH Represented by: ..... Respondent Mr.Sanjiv Kumar Singh, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. Appellants suit seeking specific performance of the agreement to sell dated May 14, 2005, Ex.PW-2/D, for sale of property bearing J-3/37, Rajouri Garden, New Delhi and for a decree for permanent injunction to restrain the defendants from dealing with the property in contravention of Ex.PW-2/D has been dismissed by the learned Single Judge vide impugned decision dated July 10, 2013.2. The reasoning of the learned Single Judge in paragraphs 12 to 20 of the impugned decision would evidence that the learned Single Judge has held that appellants claim of having paid `4,00,000/- (R...


Mar 19 2014

Ramu Vs. State

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:19. 03.2014 + CRL.A. 665/2010 ..... Appellant RAMU Through: Mr Rajender Chhabra, Adv. versus STATE ..... Respondent Through: Ms Ritu Gauba, APP for the State CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGEMENT V.K. JAIN, J.(Oral) The case of the prosecution, as set out in the charge-sheet is as follows: On 20.02.2008, SI Sahib Singh of Police Station Timar Pur along with Constable Satbir was on patrol when the complainant got down from a bus in injured condition, accompanied by another injured, namely PW5. The statement of the complainant was recorded by the police officer who, inter alia, alleged that in the night intervening 19/20.02.2008, he along with PW5 was sleeping in the bus No.DL1A7801 At about mid night, 2-3 boys entered the bus and insisted on doing unnatural act with him. They had consumed liquor. When he resisted, one of the boys took out a knife and gave a knife blow on his right hand. When his companion PW5 intervened...


Mar 19 2014

Shafi Islam Vs. State (Govt. of Nct) Delhi

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:11. 03.2014 Date of Decision:19. 03.2014 + CRL.A. 896/2013 ..... Appellant SATPAL MANN Through: Mr Mukesh Kalia, Adv. versus STATE + ..... Respondent Through: Mr Feroz Khan Ghazi, APP CRL.A. 1140/2013 ..... Appellant SHAFI ISLAM Through: Ms Saahila Lamba, Adv. Versus STATE (GOVT. OF NCT) DELHI ..... Respondent Through: Mr Feroz Khan Ghazi, APP And + CRL.A. 1285/2013 ..... Appellant JAFAR ALI Through: Mr Inderjeet Sidhu, Adv. versus STATE NCT OF DELHI ..... Respondent Through: Mr Feroz Khan Ghazi, APP CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGEMENT V.K. JAIN, J.On 07.09.2010, at about 3.30 PM, Head Constable Baljit Singh of Crime Branch, Sector 18, Rohini, received a secret information that three persons, namely, Ganesh, Jafar Ali and Shafi Islam had been obtaining Ganja from Orissa, booked in parcels sent through post office, in connivance with the Satpal Mann, postman of Post Office Burari and that at about 5-6 PM, they would receiv...


Mar 19 2014

Satpal Mann Vs. State

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:11. 03.2014 Date of Decision:19. 03.2014 + CRL.A. 896/2013 ..... Appellant SATPAL MANN Through: Mr Mukesh Kalia, Adv. versus STATE + ..... Respondent Through: Mr Feroz Khan Ghazi, APP CRL.A. 1140/2013 ..... Appellant SHAFI ISLAM Through: Ms Saahila Lamba, Adv. Versus STATE (GOVT. OF NCT) DELHI ..... Respondent Through: Mr Feroz Khan Ghazi, APP And + CRL.A. 1285/2013 ..... Appellant JAFAR ALI Through: Mr Inderjeet Sidhu, Adv. versus STATE NCT OF DELHI ..... Respondent Through: Mr Feroz Khan Ghazi, APP CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGEMENT V.K. JAIN, J.On 07.09.2010, at about 3.30 PM, Head Constable Baljit Singh of Crime Branch, Sector 18, Rohini, received a secret information that three persons, namely, Ganesh, Jafar Ali and Shafi Islam had been obtaining Ganja from Orissa, booked in parcels sent through post office, in connivance with the Satpal Mann, postman of Post Office Burari and that at about 5-6 PM, they would receiv...


Mar 19 2014

Sh. Gyan Chand and ors. Vs. Sh. Ram Chander

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA No.69/2014 % SH. GYAN CHAND & ORS. Through:19. h March, 2014 ......Appellants Mr. Hem Chand Vashist, Adv. VERSUS SH. RAM CHANDER ...... Respondent Through: CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.4131/2014 (delay in refiling) For the reasons stated in the application delay in re-filing is condoned. CM stands disposed of. Caveat No.221/2014 No one appears for the caveat. Caveat stands discharged. RSA692014 & CM Nos. 4129/2014 (U/o 41 R27CPC) & CM No.4130/2014 (stay) 1. This second appeal is filed against the concurrent judgments of the courts below; of the trial court dated 15.10.2011 and the first appellate court dated 7.11.2013; by which the suit of the respondent/plaintiff/father for permanent and mandatory injunction has been decreed with respect to the property bearing no.B-12, Sawal Nagar, near Sadiq Nagar, New Delhi.2. The subject suit was filed by the respond...


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