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Delhi Court March 2014 Judgments

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Mar 03 2014

United India Insurance Co. Ltd. Vs. Phool Chand and ors.

Court: Delhi

Decided on: Mar-03-2014

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:3rd March, 2014 % + MAC.APP. No.211/2010 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Represented by: Mr.Sameer Nandwani, Advocate. Versus PHOOL CHAND & ORS. Represented by: .......Respondents Mr. Suresh Sharma and Mr.Sunil Gupta, Advocates for Respondent Nos.1 to 3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is directed against the impugned award dated 15.01.2010, whereby the learned Tribunal has awarded compensation as under:1.2.3. Loss of dependency Loss of love and affection For Funeral charges TOTAL MAC. APP. No.211/2010 : : : : The same was rounded off to Rs.6,53,900/- and the interest at the rate of 7.5% per annum was also awarded on the compensation amount.2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that the claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 (for short MV Act), however, the same was convert...


Mar 03 2014

Bhanmati Devi and ors. Vs. Singh Raj and ors.

Court: Delhi

Decided on: Mar-03-2014

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:3. d March, 2014 % + MAC.APP. No.625/2012 BHANMATI DEVI & ORS. Represented by: ..... Appellants Mr.O.P.Mannie, Advocate. Versus SINGH RAJ & ORS. Represented by: .......Respondents Mr. Rajat Brar, Advocate for Respondent No.3/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred against the impugned award dated 01.12.2011, whereby the learned Tribunal has granted compensation for a sum of Rs.11,63,000 /- with interest at the rate of 9% per annum from the date of filing the petition till realization of the amount.2. Learned counsel appearing on behalf of the appellants/claimants submits that on the date of the accident, deceased was 48 years of age. He was in a private job and getting salary of Rs.11,000/- per month. PW3, Shri Sujeet Kumar, Clerk from Pratham Enterprises has proved the salary slips of the deceased as Ex.PW3/A to Ex.PW3/C and his letter of appo...


Mar 03 2014

Punjab and Sind Bank. Vs. Mohd. Tayyab and ors.

Court: Delhi

Decided on: Mar-03-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.465/2007 3rd March, 2014 % PUNJAB & SIND BANK. Through: ......Appellants. Ms. Seema Gupta, Adv. VERSUS MOHD. TAYYAB & ORS. Through: ...... Respondents. Mr. A.A.Qureshi, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.17793/2007 (delay) For the reasons stated in the application, delay is condoned. CM stands disposed of. FAO4652007 & CM No.17794/2007(stay) 1. This first appeal is filed under Order 43 Rule 1(a) CPC against the judgment of the trial court dated 26.3.2007 holding that the courts at Delhi will not have territorial jurisdiction because the mortgaged property with respect to which relief was claimed in the suit is situated at Bijnor in U.P.2. It could not be disputed on behalf of the appellant-plaintiff that the suit is essentially under Order 34 CPC because the plaint mentions the details of the mortgaged property and relief is also claimed for sale of the...


Mar 03 2014

Smt. Sarita Arora and anr. Vs. Smt. Kiran Kad and anr.

Court: Delhi

Decided on: Mar-03-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.273/2013 % 3rd March, 2014 SMT. SARITA ARORA & ANR. ......Appellants. Through: Mr. Gaurav Kumar, Adv. VERSUS SMT. KIRAN KAD & ANR. Through: ...... Respondents. Mr. Ajay Talesara and Mr. S.V.Vats, Advocates for R-1 and 2. Mr. Sandeep Vishnu, Mr. Kunal Thakur and Mr. Anurag Lal, Advs. for R-3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Adjournment is prayed for on the ground of illness of the counsel. The appeal paper-book shows that there is not one counsel but there are three counsel for the appellant. Therefore, if one counsel is not available, other counsel must necessarily appear and argue because there is no reason why there should be unnecessary pendency in courts, more so in a case like the present.2. This first appeal is filed under Order 43(1)(r) CPC impugning the order of the trial court dated 27.4.2013 by which the trial court has allowed the application unde...


Mar 03 2014

Raj Bal and ors. Vs. Union of India

Court: Delhi

Decided on: Mar-03-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.171/2012 % RAJ BAL & ORS. Through:3. d March, 2014 ......Appellants Mr. S.K.Vashistha, Adv. VERSUS UNION OF INDIA Through: ...... Respondent Mr. P.K.Dey, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) 1. This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 19.12.2011 which has dismissed the claim petition on the ground that though the death of Sh. Parveen Kumar took place on 1.3.2010 when his body was found lying on the tracks at Delhi Railway Station, however, the platform ticket is legally valid only for two hours for purchase from 7.20 pm and the accident took place at 9.55 PM i.e beyond two hours. Another ground for dismissing the claim petition is that no evidence has been led which shows that the deceased died on account of a train accident.2. The facts of the case as pleaded by the ap...


Mar 03 2014

Naresh Chadha and ors Vs. Dharamveer Singh and ors.

Court: Delhi

Decided on: Mar-03-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA No.91/2004 % NARESH CHADHA & ORS Through:3. d March, 2014 ......Appellants Mr. Amitabh Narayan, Adv. VERSUS DHARAMVEER SINGH & ORS. Through: ...... Respondents Mr. J.C.Mahindro, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This regular second appeal is filed by the plaintiff against the judgment of the first appellate court dated 30.1.2004 which has allowed the appeal filed by the defendants against the judgment of the trial court dated 18.2.2003. The trial court by its judgment dated 18.2.2003 had decreed the suit for possession filed by late Smt. Ram Dulari and who is now represented by the appellant herein.2. The ground on which the first appellate court allowed the appeal of the defendants was that the original tenant Sh. Diwan Singh at the time of his death was a contractual tenant since his contractual tenancy was not terminated during his life time by sending hi...


Mar 03 2014

Ranjeet Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Mar-03-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A.684/2012 Judgment reserved on :24. h February, 2014 % Judgment pronounced on :03. March, 2014 RANJEET ..... Appellant Through: Mr.S.D.Dixit, Advocate versus STATE (NCT OF DELHI) Through: ..... Respondent Mr.O.P.Saxena, APP for the State with SI Khalid Akhtar, PS Bara Hindu Rao. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT:1. In this case the investigative agency of police was set into motion on 20th December, 2010. On that day, Constable Babu Lal of PS Bara Hindu Rao along with Constable Vinod, Members of Quick Reaction Team (QRT) were on duty at Azad Market red light. At about 7 p.m. HC Ved Prakash came to them in injured condition and told that he had been stabbed at Railway track. This information was supplied to Duty Officer, PS Bara Hindu Rao on mobile phone and a DD No.20A was recorded. Both of them thereafter shifted the injured to Hindu Rao hospital in QRT vehicle and the injured was admitted in the hospital. SI Ganga Dhar a...


Mar 03 2014

M/S. Himanshi Enterprises Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

Decided on: Mar-03-2014

Ashok Jindal, J. 1. The appellant is in appeal against the impugned order confirming the penalty of Rs. 1,12,134/- under Rule 25(l) of the Central Excise Rules, 2002. 2. The brief facts of the case are that appellant is second stage dealer who procured the goods from M/s. Rajdhani Industrial Corporation and Bajrang Steel Traders, who are also first stage dealer who procured the goods from M/s. Haryana Steel and Alloys Ltd. During the course of investigation, statement of Shri Ramesh Rawat, Director of M/s. Haryana Steel and Alloys Ltd. was recorded that they have issued invoices without actually supply of goods. Therefore it was alleged that as the manufacturer of the goods have admitted the fact that they have not supplied the goods and transporters also made statement during the investigations that they have also not transported the goods from M/s. Haryana Steel and Alloys Ltd. to Rajdhani Traders or Bajrang Steel Traders. As the goods have not been received at first stage dealer, th...


Mar 03 2014

M/S. V K. Engineering Tools Co. Vs. Commissioner of Central Excise Lud ...

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

Decided on: Mar-03-2014

Ashok Jindal, J. 1. The appellant is in appeal against the impugned order wherein inputs credit has been denied on the premise that they have received the credit on the basis of fake invoices. 2. The brief facts of the case are that appellant is a manufacturer of excisable goods i.e. super enameled copper wire. During the course of their manufacturing activity, they were procuring the inputs and taking the input credit. The investigation took place wherein it was found that the appellant has taken input credit on certain invoices which were not genuine as the person who had issued the invoices was fake as the supplier of the goods having not procured the goods from the person whose name as manufacturer was shown in the invoice, the proceedings were initiated against the appellant which resulted in duty demand along with interest and equivalent penalty confirmation. 3. Learned advocate for the appellant submits that appellant has procured the inputs along with invoices and they have tak...


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