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Delhi Court March 2014 Judgments

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Mar 14 2014

National Insurance Company Ltd. Vs. Smt Hazra Begum and ors.

Court: Delhi

Decided on: Mar-14-2014

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:14th March, 2014 % + MAC.APP. 1013/2013 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Represented by: Ms.Archana Gaur, Advocate. Versus SMT HAZRA BEGUM & ORS. Represented by: ..... Respondents Mr.S.N.Parashar, Advocate CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The instant appeal is preferred against the impugned award dated 29.07.2013, whereby the learned Tribunal has granted compensation for an amount of Rs.18,86,100/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization of the amount.2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that the learned Tribunal has erred in calculating the monthly income of the deceased as Rs.25,000/- despite the fact that the claimants have failed to prove that the deceased was employed somewhere and was earning any amount.3. On perusal of the trial court record, as per the tes...


Mar 14 2014

Regional Provident Fund Commissioner Vs. M/S United India Periodicals ...

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on January 08, 2014 Judgment Delivered on March 14, 2014 + W.P.(C) 463/1999 REGIONAL PROVIDENT FUND COMMISSIONER ..... Petitioner Represented by: Mr.Rajesh Manchanda, Advocate with Mr.Rajat Manchanda, Advocate versus M/S UNITED INDIA PERIODICALS P. LTD. & ORS. ..... Respondents Represented by: Mr.Rajinder Dhawan, Advocate with Mr.B.S.Rana, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The present petition has been filed by the Regional Provident Fund Commissioner (Commissioner in short) challenging the order of the Employees Provident Fund Appellate Tribunal (Tribunal in short) dated July 20, 1998 whereby the Tribunal has allowed the appeal filed by the respondent No.1 herein against the order of the Commissioner dated February 24, 1998 under Section 7-A of the Employees Provident Fund & Miscellaneous Provisions Act, 1952 (Act in short) whereby the PF dues to be paid by the respondent No.1 for the...


Mar 14 2014

Commissioner of Income Tax Delhi-xvi Vs. S.S. Ahluwalia

Court: Delhi

Decided on: Mar-14-2014

* + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA Nos. 255/2002, 256/2002, 257/2002, 1577/2006, 314/2002 315/2002, 316/2002, 1578/2006, 1580/2006 Reserved on:27. h November, 2013 Date of Decision:14. h March, 2014 % COMMISSIONER OF INCOME TAX DELHI-XVI....Appellant Through Mr. AmolSinha, Sr. Standing Counsel & Mr. Anshum Jain, Rahul Kochar, Advs. Versus S.S. AHLUWALIA ..... Respondent Through Mr. S. Krishnan, Advocate. WTA Nos. 13/2006, 14/2006, 15/2006, 16/2006, 18/2006 COMMISSIONER OF WEALTH TAX ..... Appellant Through Mr. AmolSinha, Sr. Standing Counsel & Mr. Anshum Jain, Rahul Kochar, Advs. versus S.S. AHLUWALIA ..... Respondent Through Mr. S. Krishnan, Advocate. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.ITA Nos. 255/2002, 256/2002, 257/2002, 1577/2006, 315/2002, 1578/2006, 316/2002, 1580/2006, 314/2002 The respondent assessee is an IAS Officer of Nagaland cadre, who was compulsorily retired in January, 1993. During the period 1971-...


Mar 14 2014

National Insurance Co Ltd. Vs. Mamta and ors.

Court: Delhi

Decided on: Mar-14-2014

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:14th March, 2014 % + MAC.APP. 726/2011 & CM No.14856/2011 NATIONAL INSURANCE CO LTD. ..... Appellant Represented by: Ms.Shantha Devi Raman, Advocate. Versus MAMTA & ORS. Represented by: ..... Respondents Mr.Ashok Popli, Advocate for Respondent Nos. 1 to 6. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) MAC.APP. 726/2011 1. The instant appeal is preferred against the impugned award dated 01.06.2011, whereby the learned Tribunal has granted compensation for an amount of Rs.22,31,031/- with interest at the rate of 8% per annum from the date of filing of the claim petition till realization of the amount.2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that the claimants have stated in the claim petition that the deceased was a shopkeeper and was earning a sum of Rs.12,500/- per month. They have placed on record the Income Tax Returns (for short ITR) of the deceased for the ye...


Mar 14 2014

Mohd. Nafees Vs. Mohd. Imran Ismail

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3197/2010 MOHD. NAFEES Through : .....Petitioner Mr.S.D.Ansari and Mr.I.Ahmed, Advs. versus MOHD. IMRAN ISMAIL Through: % ..... Respondent Mr.P.D.Gupta and Mr.Atul Gupta, Advs. Pronounced on :14. 03.2014 CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J1 Feeling aggrieved by the dismissal of Criminal Revision No.22/2009 vide order dated 23.01.2010 passed by learned Addl. Sessions Judge affirming the order dated 11.09.2009 passed by learned MM in CC No.1987/2008, the Petitioner has filed this Crl.M.C. No.3197/2010 praying for quashing of the orders dated 11.09.2009 and 23.01.2010.2. Briefly stating, the facts of the present case are that the Petitioner herein filed a complaint under Section 200 CrPC praying for summoning of Respondent for committing the offences complained of. As per the accusations made in the complaint, the Respondent, while submitting his Nomination Form before the Election Commissioner for contesting the e...


Mar 14 2014

Dayal Chand @ Dal Chand Vs. the State (Govt. of Nct) of Delhi

Court: Delhi

Decided on: Mar-14-2014

$-13 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :14. h MARCH, 2014 + CRL.A.339/2012 DAYAL CHAND @ DAL CHAND Through : ..... Appellant Ms.Rakhi Dubey, Advocate. versus THE STATE (GOVT. OF NCT) OF DELHI Through : ..... Respondent Mr.M.N.Dudeja, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Dayal Chand @ Dal Chand (the appellant) has preferred the appeal to challenge his conviction under Section 308 IPC by a judgment dated 18.01.2012 in Sessions Case No.28/2011 arising out of FIR No.190/2011 PS Kalyan Puri and order on sentence dated 20.01.2012 by which he was awarded RI for four years with fine ` 10,000/-. Allegations against him were that on 13.06.2011 at about 06.30 P.M. at house No.13/238, Trilok Puri, he inflicted injuries to Gulab Devi (his mother). The trial resulted in his conviction under Section 308 IPC. During arguments, appellants counsel on instructions stated at Bar that the appellant has opted not to challenge the findings of the Trial Court ...


Mar 14 2014

Shrirak General Insurance Co. Vs. Kumari Monkia and ors.

Court: Delhi

Decided on: Mar-14-2014

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:14. h March, 2014 % + MAC.APP. No.432/2012 & CM No.7228/2012 SHRIRAK GENERAL INSURANCE CO. ..... Appellant Represented by: Mr.N.K.Chauhan and Mr.Abhik Kumar, Advocates. Versus KUMARI MONKIA & ORS. Represented by: ..... Respondents Mr.S.S.Sisodia, Advocate for Respondent No.1. Mr.Mrinmay Bhattmewara for Mr.Sanjay Kumar Tyagi, Advocate for Respondent No.2. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) MAC.APP. No.432/2012 1. The present appeal is preferred against the impugned award dated 05.01.2012, whereby the learned Tribunal has granted compensation for an amount of Rs.5,63,650/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the amount.2. PW1 Sh. Manish Kumar, father of the injured has deposed that the respondent No.1 suffered grievous injuries and was taken to Yashoda Hospital, Ghaziabd, from where she was taken to GTB Hospital, Shahdara, Delh...


Mar 14 2014

Salim @bhajju Vs. State

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:10.03.2014. Judgment delivered on:14.03.2014 CRL.A.202/2006 SALIM @BHAJJU Through ..... Appellant None. Versus STATE Through .... Respondent Ms. Kusum Dhalla, APP CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 Present appeal has impugned the judgment and order of sentence dated 08.03.2006 and 10.03.2006 respectively whereby the appellant Salim has been convicted for the offence under Sections 306/498-A of the IPC and has been sentenced to undergo RI for 5 years and to pay a fine of Rs.3,000/- and in default of payment of fine, to undergo RI for one year for the offence under Section 306 of the IPC; for the offence under Section 498-A of the IPC, he has been sentenced to undergo RI for three years and to pay a fine of Rs.3,000/- and in default of payment of fine, to undergo RI for one year. 2 Nominal roll of the appellant had been summoned. As on 05.09.2007, he had undergone a sentence of about 2 years and...


Mar 14 2014

Municipal Corporation of Delhi Vs. Smt. Sundari

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on March 12, 2014 Judgment Delivered on March 14, 2014 + W.P.(C) 7971/2003 MUNICIPAL CORPORATION OF DELHI ..... Petitioner Represented by: Mr.Rahul Srivastava , Advocate versus SMT. SUNDARI Represented by: ..... Respondent Mr.Rajiv Aggarwal, Advocate with Mr.Sachin Sharma, Ms. Neelam Tiwari, Advocates CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge in this writ petition is to the award dated January 27, 2003 passed by the Labour Court in I.D. No.292/95 whereby the Labour Court has directed reinstatement of the respondent in petitionerCorporation with 50% back wages with effect from April 07, 1986 onwards.2. At the outset, I may note the submission of Mr. Rajiv Aggarwal, learned counsel for the petitioner as recorded in the order dated February 14, 2014 wherein he has stated that the award of the Labour Court stands satisfied inasmuch as the petitioner has reinstated the respondent in the year 2005 ...


Mar 14 2014

Ashok Kumar Vs. State

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. APP. NO.351/1998 ASHOK KUMAR Through: ..... Appellant Mr. Ajay Verma and Mr. Prateek Sisodia, Advocates Through: ..... Respondent Ms. Rajdipa Behura, APP for the State. versus STATE % Date of Decision : March 14, 2014 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT : REVA KHETRAPAL, J.1. This appeal calls into question the judgment of conviction and order on sentence passed by the learned trial court whereby the Appellant has been convicted for the offences under Sections 302/307/427 IPC and sentenced to undergo RI for 7 years and a fine of ` 1,000/-, in default of which, to undergo SI for 15 days for the offence under Section 307, RI for one year for the offence under Section 427 IPC and life imprisonment for the offence under Section 302 IPC.2. The factual matrix which led the trial court to convict the Appellant (who has since been declared a proclaimed offender) and to sentence him as aforesaid ...


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