Delhi Court January 2015 Judgments
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National Highways Authority of India Vs. M/S Ssangyong Engineering and ...
Court: Delhi
Decided on: Jan-19-2015
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:19. 01.2015 FAO(OS) 25/2015 NATIONAL HIGHWAYS AUTHORITY OF INDIA ... Appellant versus M/S SSANGYONG ENGINEERING & CONSTRUCTION CO. LTD ... Respondent Advocates who appeared in this case: For the Appellant For the Respondent : Mr Pradeep K. Bakshi with Ms Prachi V. Sharma : None CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM9032015 Allowed subject to all just exceptions. FAO(OS) 25/2015 & CM9022015 1. This appeal is directed against the judgment and/ or order dated 27.11.2014 passed by a learned Single Judge of this Court in OMP12082014.2. The appellants said petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) was rejected by the learned Single Judge. The single point raised by the appellant before the learned Single Judge was in respect of the challenge to the Award dated 16.06.2014 passed by...
Reliance General Insurance Co. Ltd. Vs. Ram Bharose and Ors.
Court: Delhi
Decided on: Jan-19-2015
$-18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h January, 2015 + MAC.APP. 1157/2012 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr.Soumik Mazumdar, Advocate versus RAM BHAROSE & ORS. Through: ..... Respondents None CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant Reliance General Insurance Co. Ltd. impugns judgment dated 06.09.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.8,35,438/- was awarded for the death of Sunil, who died in a motor vehicular accident which occurred on 09.05.2008.2. At the time of hearing of the appeal, the following contentions were raised on behalf of the Appellant: (i) The deceased was not in permanent employment or in settled employment. In the absence of any evidence towards future prospects, no addition was permissible; and (ii) The deceased was a bachelor, the appropriate multiplier ought to have been taken as per the age of mother of t...
Oriental Insurance Company Vs. Babita Devi and Ors.
Court: Delhi
Decided on: Jan-19-2015
$-12 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h January, 2015 + MAC.APP. 157/2012 ORIENTAL INSURANCE COMPANY Through: ..... Appellant Mr.Tarkeshwar Nath, Advocate versus BABITA DEVI & ORS. Through: + ..... Respondents Mr. R.S. Roy, Advocate for Respondents no.1 to 5. MAC.APP. 1017/2012 BABITA DEVI & ORS. Through: ..... Appellants Mr. R.S. Roy, Advocate versus ORIENTAL INSURANCE COMPANY Through: ..... Respondent Mr.Tarkeshwar Nath, Advocate CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. These are two appeals arising out of judgment dated 23.11.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.8,99,000/- was awarded in favour of Respondents no.1 to 5 in MAC. APP. 157/2012 and Appellants in MAC.APP.1017/2012.2. For the sake of convenience, the Appellant in MAC.157/2012 shall be referred to as Insurance Company, whereas Respondents no.1 to 5 in MAC.APP. 1017/2012 shall be referred to as the clai...
Tata Aig General Insurance Co. Ltd. Vs. Vijay Kumar and Ors.
Court: Delhi
Decided on: Jan-19-2015
$-11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h January, 2015 + MAC.APP. 124/2012 TATA AIG GENERAL INSURANCE CO. LTD. Through: ..... Appellant Mr.Manish Kaushik, Advocate for Mr. Sameer Nandwani, Advocate versus VIJAY KUMAR & ORS. Through: ..... Respondents Mr. R.K. Singh, Advocate with Mr. B.N. Dubey, Advocate for Respondents no.1 to 3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant impugns the judgment dated 29.11.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.6,17,960/- was awarded in favour of Respondents No.1 to 3 for the death of Smt. Urmila @ Guddi, who died in a motor vehicular accident which occurred on 28.02.2007.2. There is twin challenge to the impugned judgment. First, the compensation awarded is exorbitant and excessive inasmuch as the addition of 50% towards future prospects was made although there was no evidence with regard to the same. Second, the Claims Tribuna...
Icici Lombard General Insurance Co. Ltd. Vs. Sita Ram Garg and Ors.
Court: Delhi
Decided on: Jan-19-2015
$-14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h January, 2015 + MAC.APP. 314/2012 ICICI LOMBARD GENERAL INSURANCE CO. LTD. ..... Appellant Through: Ms.Suman Bagga, Advocate versus SITA RAM GARG & ORS. Through: ..... Respondents Mr. Kuldeeep Kumar, Advocate with Mr. Manish Garg, Advocate for Respondents no.1 to 3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant impugns judgment dated 25.11.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.8,18,662/- was awarded in favour of Sita Ram Garg, father of deceased Amit Kumar, who died in a motor vehicular accident which occurred on 20.11.2010.2. It is urged by the learned counsel for the Appellant that the deceased was a bachelor aged 29 years. Sita Ram Garg, father of the deceased was aged 56 years and thus, he cannot be considered a dependant and only 15% of the deceaseds income could have been awarded towards loss to estate as the decease...
M/S National Highways Authority of India Vs. M/S Oriental Structural E ...
Court: Delhi
Decided on: Jan-16-2015
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. h January, 2015 % + O.M.P. No.1640/2014 M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA .. Petitioner Through: Mr. Sudhir Nandrajog, Sr. Adv. with Ms. Tanu Priya Gupta, Adv. Versus M/S ORIENTAL STRUCTURAL ENGINEERS PVT. LTD. Through: None. .. Respondent CORAM:HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This petition, under Section 34 of the Arbitration and Conciliation Act, 1996, seeks setting aside of the unanimous arbitral Award dated 22nd August, 2014, of the Arbitral Tribunal comprising of a nominee of the petitioner and the nominee of the respondent and a presiding Arbitrator of the choice of the nominees of the two parties, to the extent the same allows the Claims No.2 to 6 of the respondent against the petitioner (claim No.1 of the respondent against the petitioner was disallowed).2. The petition came up before the Court first on 22nd December, 2014 when after hearing extensively the senior counsel for the petitioner, orders were...
Shri Pawan Kumar Vs. Delhi Transport Corporation
Court: Delhi
Decided on: Jan-16-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: January 16, 2015 + % W.P .(C) No.4261/2013 SHRI PAWAN KUMAR Through: ..... Petitioner Mr. Vijay Sharma, Advocate versus DELHI TRANSPORT CORPORATION .....Respondent Through: Ms. Latika Chaudhary, for Ms. Avnish Ahlawat, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT I. S. MEHTA, J.1. Aggrieved from the order of the Central Administrative Tribunal, Principal Bench, New Delhi dated 24.09.2012 in O.A. No.566 of 2012, the petitioner has preferred the present writ petition under Articles 226 and 227 of the Constitution of India for setting aside the aforesaid order and for issuing necessary directions to the respondent.2. The brief facts of the case are that the petitioner Pawan Kumar s/o Shri Sultan Singh was employed as a Driver with the respondent i.e. Delhi Transport Corporation vide appointment letter bearing No.PLDIII/DSSSB/Driver/2008/3697 dated 23.12.2008 in the Pay band of Rs...
Meena Devi and Ors. Vs. Shiv Prasad
Court: Delhi
Decided on: Jan-16-2015
32# $ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 32/2015 Decided on:16. h January, 2015 % MEENA DEVI & ORS. Through: ..... Petitioners Mr. Manu Sishodia and Mr. Mahendra K. Bairwa, Advocates. versus SHIV PRASAD ..... Respondent Through: None. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J (ORAL) CM No.818/2015 (Exemption) Allowed, subject to all just exceptions. RC.REV. 32/2015 and CM No.817/2015 (Stay) 1. The Petitioner is aggrieved by the order dated 17th July, 2014 passed by the learned ARC allowing the eviction petition filed by the Respondent and held that the Respondent was entitled to recovery the possession of the tenanted premises, that is, one room and shared kitchen, bathroom cum-toilet and balcony at House No.42, NDMC Quarters, Devi Prasad Sadan, Hailey Lane, New Delhi shown in red in the site plan.2. The only issue raised before this Court by the learned counsel for the Petitioner is that there was no landlord-tenant relationship and the same having not bee...
Abhey Kumar Jain Vs. South Delhi Municipal Corporation
Court: Delhi
Decided on: Jan-16-2015
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:16. 01.2015 W.P.(C) 7179/2014 & CM No.16859/2014 ABHEY KUMAR JAIN ..... Petitioner versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Advocates who appeared in this case: For the Petitioner : Ms Anusuya Salwan and Mr Renuka Arora. For the Respondent : Ms Mini Pushkarna, Standing Counsel with Ms Namrata Mukim for SDMC. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J (ORAL) 1. The petitioner impugns a circular dated 14.07.2014 (hereafter the impugned circular) issued by the respondent blacklisting the petitioner and debarring him from participating in the tendering process for any work with SDMC, for a further period of five years.2. The petitioner is a Class-I contractor duly registered with the North Delhi Municipal Corporation (NDMC). On 28.09.2013, the petitioner was awarded with the contract (Work Order No.EE Project South-I/SYS/20132014/6) by the respondent for improvement and strengthening of va...
Mbl Infrastructures Ltd. Vs. Telecommunication Consultants India Ltd. ...
Court: Delhi
Decided on: Jan-16-2015
IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. 82/2015 MBL INFRASTRUCTURES LTD ..... Petitioner Through: Ms Anusuya Salwan with Mr. Vikas Sood, Advocates. versus TELECOMMUNICATION CONSULTANTS INDIA LTD & ORS ..... Respondents Through: Mr. Nikhilesh Krishnan, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER1601.2015 IA No.1001 of 2015 (for exemption) 1. Exemption allowed subject to all just exceptions.2. The application is disposed of. OMP No.82 of 2015 & IA No.1000 of 2015 (for stay) 3. This is a petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (Act) filed by the Petitioner, MBL Infrastructure Limited (MBL), seeking termination of the mandate of the sole Arbitrator on the ground that he has become de-facto and de-jure unable to perform his function as an Arbitrator and to appoint any independent arbitrator in his place.4. By an agreement dated 10th December 2007 entered into with the Madhya Pradesh Road Development Corporation Limited, the Petitioner was awar...
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