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Delhi Court April 2014 Judgments

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Apr 02 2014 (HC)

Rakesh and anr. Vs. National Ins Co Ltd and ors.

Court: Delhi

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:2. d April, 2014 MAC.APP. 761/2012 RAKESH AND ANR. ..... Appellants Represented by: Mr. S.N. Parashar, Adv. Versus NATIONAL INS CO LTD AND ORS. ..... Respondents Represented by: Mr. Ram Ashray, Adv. for R3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal has been preferred against the impugned award dated 28.04.2012, whereby Ld. Tribunal has awarded compensation for an amount of Rs.15,62,560/- with interest @ 7.5% per annum from the date of filing of the Claim Petition till realization of the amount.2. Vide the present appeal, appellants are seeking enhancement of the compensation amount as noted above.3. Mr. S.N. Parashar, Ld. Counsel appearing on behalf of the appellants submits that deceased Rohan Tyagi was a Graduate (B.Sc.) and MBA from Pune. He was working as Marketing Associate in MA-Foi Management Consultants Limited under M/s. CRISIL, Sarita Vihar, Delhi and was earning ...

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Apr 02 2014 (HC)

Mandeep Rana @ Tiger Vs. State

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:02. 04.2014 + CRL. A.399 of 2013 PAWAN Through: ..... Appellant Mr. Man Mohan Goel & Mr. Dinesh Sharma, Advs. versus STATE Through: + ..... Respondent Mr. Feroz Khan Ghazi, APP. CRL. A.408 of 2013 MANDEEP RANA @ TIGER ..... Appellant Through: Mr. Pawan Kumar & Mr. Yogesh Vashisht, Advs. versus STATE Through: + ..... Respondent Mr. Feroz Khan Ghazi, APP. CRL. A.421 of 2013 ANIL Through: ..... Appellant Mr. Salil Kumar Jha, Adv. versus STATE Through: + CHARAN SINGH ..... Respondent Mr. Feroz Khan Ghazi, APP. CRL. A.1202 of 2013 Through: ..... Appellant Mr. Vikas Padora, Adv. versus STATE Through: + ..... Respondent Mr. Feroz Khan Ghazi, APP. CRL. A.1256 of 2013 SUBHASH TYAGI Through: ..... Appellant Ms. Arundhati Katju, Adv. versus STATE Through: ..... Respondent Mr. Feroz Khan Ghazi, APP. CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGEMENT V.K. JAIN, J.(Oral) On 12.6.2001 at about 5:05 a.m., S.I. Umesh Malik informed Police Station B...

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Apr 02 2014 (HC)

Sh. Ram Chander and anr. Vs. Sh. Krishan Kumar Sharma

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA No.96/2014 2nd April, 2014 % SH. RAM CHANDER & ANR. Through: ......Appellant Mr. Dinesh Kr. Gupta and Mr. Vidit Gupta, Advocates. VERSUS SH. KRISHAN KUMAR SHARMA Through: ...... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This second appeal is filed under Section 100 CPC, 1908 impugning the concurrent judgments of the courts below; of the trial court dated 27.2.2013 and the first appellate court dated 1.2.2014; by which the suit filed by the respondent no.1/plaintiff was partly decreed and the counter-claim filed by the appellants/defendants no.2 and 3 was dismissed.2. Disputes in the present case pertain to entitlement of construction of plaintiff/respondent no.1 on plot bearing No.24-A, Road No.4, Jai Dev Park, Punjabi Bagh, New Delhi admeasuring 114 sq. metres and situated in K.No.2434/236, Khata No.401, Khewat No.129. The issue with respect to entitlement to...

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Apr 02 2014 (HC)

Jitender Singh Vs. State of Delhi

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: April 02, 2014 + CRL.A. 464/1999 JITENDER SINGH Through: ..... Appellant Mr.M.A. Rahman, Mr. Ali Abbas, Advocates Versus STATE OF DELHI Through: ..... Respondent Ms. Richa Kapoor, Additional Public Prosecutor for the State with Mr. Archit Singh, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT KAILASH GAMBHIR, J1 By this appeal filed under section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as Cr.P.C.), the appellants seek to challenge the impugned judgment dated 28.05.1999 and order on sentence dated 29.05.1999 whereby the Appellant Jitender Singh is convicted for committing an offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as IPC) and the appellant was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5,000/- and in case of default, to undergo further rigorous imprisonment for a period of six...

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Apr 02 2014 (HC)

Vikas Yadav Vs. State of U.P.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Reserved on:16. h April, 2013 Clarifications and Reserved on:22. d November, 2013 Date of Decision:2. d April, 2014 CRL.A. 910/2008 VIKAS YADAV ..... Appellant Through : Mr.U.R. Lalit, Sr. Adv. with Mr. Sumeet Verma and Ms. Charu Verma, Advs. versus STATE OF U.P. ..... Respondent Through: Mr. Dayan Krishnan, ASC with Ms. Ritu Gauba, APP, Ms.Swati Goswami, Mr. Nikhil A.Menon & Ms. Manvi Priya, Advs. Mr. P.K. Dey, Adv. with Mr. Kaushik Dey, Adv. for the complainant. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.For orders, see Crl. A. No.741/2008. GITA MITTAL, J.APRIL02 2014 J.R. MIDHA, J....

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Apr 02 2014 (HC)

Vishal Yadav Vs. State of U.P.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Reserved on:16. h April, 2013 Clarifications and Reserved on:22. d November, 2013 Date of Decision:2. d April, 2014 CRL.A. 741/2008 VISHAL YADAV ..... Appellant Through : Mr. Ram Jethmalani, Sr. Adv. with Mr. Sanjay Jain, Mr. Vinay Arora, Ms. P.R. Mala, Ms. Ruchika Bhan, Mr. Pranav Diesh, Mr. Karan Kalia and Mr. Ashish Dixit., Advs. versus STATE OF U.P. ..... Respondent Through : Mr. Dayan Krishnan, ASC with Ms.Ritu Gauba, APP, Ms.Swati Goswami, Mr. Nikhil A.Menon and Ms. Manvi Priya, Advs. Mr. P.K. Dey, Adv. with Mr.Kaushik Dey, Adv. for the complainant. WITH + CRL.A. 910/2008 VIKAS YADAV ..... Appellant Through : Mr.U.R. Lalit, Sr. Adv. with Mr. Sumeet Verma and Ms. Charu Verma, Advs. versus Crl.A.Nos.741, 910/2008 & 145/2012 1 STATE OF U.P. ..... Respondent Through : Mr. Dayan Krishnan, ASC with Ms. Ritu Gauba, APP, Ms.Swati Goswami, , Mr. Nikhil A.Menon and Ms. Manvi Priya, Advs. Mr. P.K. Dey, Adv. with Mr. Kaushik Dey, Adv. for the com...

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Apr 02 2014 (HC)

M/S Explicit Leathers Vs. Arvind Kumar and ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on March 28, 2014 Judgment Delivered on April 02, 2014 + + + + W.P.(C) 1011/2014 & CM No.2062/2014 M/S EXPLICIT LEATHERS ..... Petitioner Through: Mr.Sandeep Bajaj, Mr.Siddharth Jain, Mr.Sameer Jain, Advocates versus ARVIND KUMAR & ORS ..... Respondent Through: Mr.Kartickay Mathur, Mr.S.Gupta, Advocates for R1 W.P.(C) 1013/2014 & CM No.2064/2014 M/S EXPLICIT LEATHERS ..... Petitioner Through: Mr.Sandeep Bajaj, Mr.Siddharth Jain, Mr.Sameer Jain, Advocates versus KARAN SINGH & ORS ..... Respondent Through: Mr.Kartickay Mathur, Mr.S.Gupta, Advocates for R1 W.P.(C) 1014/2014 & CM No.2067/2014 M/S EXPLICIT LEATHERS ..... Petitioner Through: Mr.Sandeep Bajaj, Mr.Siddharth Jain, Mr.Sameer Jain, Advocates versus SURESH CHAND & ORS ..... Respondent Through: Mr.Kartickay Mathur, Mr.S.Gupta, Advocates for R1 Mr.Shoaib Haider, Advocate for GNCTD W.P.(C) 1015/2014 & CM No.2069/2014 M/S EXPLICIT LEATHERS ..... Petitioner Through: Mr.Sandeep...

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Apr 02 2014 (HC)

Pyare Lal and ors Vs. M/S Kores (India) Ltd.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on March 12, 2014 Judgment Delivered on April 02, 2014 + W.P.(C) 297/2000 PYARE LAL AND ORS Represented by: ..... Petitioner Mr.D.D.Dayani, Advocate versus M/S KORES (INDIA) LTD. Represented by: ..... Respondent Mr.Nitinjay Chaudhary, Advocate with Ms.Sushma Sachdeva, Advocate CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge in this writ petition is to the Award passed by the Labour Court on June 19, 1999 in I.D No.97/83, wherein the Labour Court decided the reference made against the petitioners herein by holding that they are not entitled to any relief.2. The reference was made with regard to 19 workmen by the appropriate government on July 11, 1983 on the following terms:Whether the workmen at Annexure-A have been terminated illegally and/or unjustifiably by way of retrenchment and if so, to what relief are they entitled and what directions are necessary in this respect.3. I may state here that t...

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Apr 02 2014 (HC)

Haji Abdul Mateen (Decd.) Through His Lrs Vs. Sheikh Haji FirozuddIn a ...

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.95/2014 & CM No.6100/2014 2nd April, 2014 % HAJI ABDUL MATEEN (DECD.) THROUGH HIS LRS ......Appellants. Through: Mr. Manu Nayar, Mr. V.P.Dewan and Mr. Sanjay Dewan, Advocates. VERSUS SHEIKH HAJI FIROZUDDIN & ORS. Through: ...... Respondents. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes. VALMIKI J.MEHTA, J (ORAL) 1. This second appeal is filed under Section 100 CPC impugning the concurrent judgments of the courts below ; of the executing court dated 15.3.2013 and of the first appellate court dated 1.2.2014, by which the objections filed by the appellants, who were transferees pendente lite have been dismissed and the decree-holder has been permitted to execute the judgment and decree dated 6.4.2011. I may note that the judgment and decree dated 6.4.2011 is a decree passed by a first appellate court inasmuch as, the trial court had dismissed the suit of the plaintiff, but in appeal, the judgment o...

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Apr 02 2014 (HC)

Sh. Surai Besra Vs. Union of India

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.474/2012 2nd April, 2014 % SH. SURAI BESRA Through: ..... Appellant Mr. Yogesh Swaroop, Advocate. Versus UNION OF INDIA Through: ..... Respondent Mr. Abhishek Yadav, Advocate. 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 18.5.2012 which has dismissed the claim petition filed by the appellant/petitioner claiming statutory compensation of Rs.4 lacs for the death of his son Sh. Hari Besra in an untoward incident (within the meaning of the expression in Section 123(c) and Section 124-A of the Railways Act, 1989) on 16.8.2010. The untoward incident took place while the deceased Sh. Hari Besra was travelling in North East express train ex-Delhi to Katihar.2. The Tribunal has given the following reasoning and conclusions to dismiss the claim peti...

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