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Delhi Court January 2015 Judgments

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Jan 29 2015

Dev Narayan Mishra Vs. Union of India and Anr.

Court: Delhi

Decided on: Jan-29-2015

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgement delivered on:29. 01.2015 W.P.(C) 7155/2014 & CM No.16808/2014 DEV NARAYAN MISHRA ..... Petitioner Through: Mr A.K. Thakur, Mr R.K. Mishra & Mr M.K. Pandey, Advs. versus UNION OF INDIA & ANR. ..... Respondents Through: Mr Bhagwan Sawrup Shukla,, Mr Santosh Prasad Chaurasiya & Mr Vinod Tiwari, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 The petitioner is a ninety (90) years old person, who has come to court to seek grant of pension under the Swatantrata Sainik Samman Scheme (hereafter referred to as Scheme), by the Government of India.2. The pension sought for by the petitioner, has been denied by respondent no.1, i.e., Government of India, vide order dated 28.05.2010. It is this order, which has been assailed in the present writ petition. 2.1 The reason for denial of pension is set out in paragraph 4 of the impugned order, which reads as follows:.....4. After examination of the claim, it is found that Sh...


Jan 29 2015

Sh Yashpal Arora Vs. Mamta Sharma

Court: Delhi

Decided on: Jan-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 218/2013 & CM96742013 (stay), CM6982015(direction) Reserved on:16. h January, 2015 Decided on:29. h January, 2015 % SH YASHPAL ARORA Through: versus MAMTA SHARMA Through: CORAM: ..... Petitioner Dr. Ashutosh, Advocate. ..... Respondent Mr. C.M. Sharma, Advocate. HON'BLE MS. JUSTICE MUKTA GUPTA1 The Petitioner is aggrieved by the order dated 20 th February, 2013 whereby the leave to defend application of the Petitioner was dismissed and eviction order was passed.2. In the eviction petition the Respondent claimed eviction of the Petitioner from the shop on the ground floor measuring 9.5 ft. x 7.5 ft., i.e.71.1 sq.ft. approximately (6.60 sq. mtrs) which was given on rent at Rs.133.10 per month excluding electricity and other charges at premises bearing No.5620, Katra Jamun, Nai Sarak of which the Respondent is a coowner/landlady. Premises bearing No.5620, Katra Jamun, Nai Sarak of which the tenanted premises, that is, 5620/3, Ground Floo...


Jan 29 2015

Union of India and Ors Vs. Rajender Kumar

Court: Delhi

Decided on: Jan-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 482/2013 & CM No.20259/2013 (stay) Reserved on:21. t January, 2015 Decided on:29. h January, 2015 % UNION OF INDIA & ORS Through ..... Petitioner Dr. Ashwani Bhardwaj, Adv. versus RAJENDER KUMAR Through ..... Respondent Ms. Kamlesh Sabharwal, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Aggrieved by the order dated 25th July, 2013 dismissing the application filed by the petitioner seeking leave to defend in an eviction petition filed by the respondent under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act (in short DRC Act) the petitioner prefers the present petition.2. The petitioner pleaded in the eviction petition that he along with his brother purchased property bearing No.WZ-246A, Plot No.5, Inderpuri, New Delhi vide registered sale deed on 6th March, 2004. A portion of the said property having carpet area measuring 471 sq.feet on the ground floor shown in red colour in the site plan was let o...


Jan 29 2015

Golden India Expotrade Pvt. Ltd. Vs. Tirupati Building and offices Pvt ...

Court: Delhi

Decided on: Jan-29-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. 1352/2014 GOLDEN INDIA EXPOTRADE PVT. LTD. .... Petitioner Through: Mr. S.D. Ansari, Advocate with Mr. I. Ahmed, Advocate. versus TIRUPATI BUILDING & OFFICES PVT. LTD. ..... Respondent Through: Mr. Gaurav Sarin, Advocate with Ms. Veera Angrish and Mr. Ajitesh K. Kir, Advocates. CORAM: JUSTICE S. MURALIDHAR ORDER2901.2015 1. The challenge in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) is to an Award dated 26th August 2014, requiring the Petitioner to pay to the Respondent amounts for the use and occupation of the premises, arrears of dues in respect of electricity and Common Area Maintenance (CAM) charges and the interest incurred on the said amounts arising out of the work undertaken by the Respondent/Claimant in respect of the premises i.e. SAVEMAX a retail outlet at Sector-10, Dwarka City Centre, New Delhi.2. The Respondent is the owner of the property bearing No.3, Sector-10, Dwarka City Centre, Ne...


Jan 29 2015

Dr. Ramesh Kumar Sharma Vs. Vice-Chancellor, Delhi University and Ors.

Court: Delhi

Decided on: Jan-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:29. 01.2015 + WP(C) 7209/2013 and CM No.15513/2013 (stay) DR. RAMESH KUMAR SHARMA ..... PETITIONER Versus VICE-CHANCELLOR, DELHI UNIVERSITY AND ORS. ..... RESPONDENTS Advocates who appeared in this case: For the Petitioner : Ms. Deepika, Advocate For the Respondents: Mr. Saurabh Banerjee, Adv. for R-1 & 2 Mr. Apoorv Kurup and Mr. Rohit Rathi, Advocates for R-3 CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER,J1 The petitioner, who has been awarded an Emeritus Fellowship by respondent no.3 i.e., University Grants Commission (UGC), is aggrieved by communications dated 08.07.2013 and 27.09.2013 issued by respondent no.1 and 2. Respondent nos.1 and 2, in effect, represent the University of Delhi. For the sake of convenience, respondent no.1 and 2 would be collectively referred to as the University of Delhi. 1.1 The sum and substance of the aforementioned communications is that the petitioners association with the Uni...


Jan 29 2015

Shriram General Insurance Co Ltd Vs. Smt Roopwati and Ors

Court: Delhi

Decided on: Jan-29-2015

$- 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29th January, 2015 + MAC.APP. 1021/2013 SHRIRAM GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. Manish Kaushik with Mr. K.L. Nandwani and Mr. Sameer Nandwani, Advocates. versus SMT ROOPWATI & ORS ..... Respondents Through: Mr. Navneet Goyal, Advocate for R-1 to 7. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. The appeal is directed against the judgment dated 19.09.2013 passed by the Motor Accidents Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.13,88,333/- was granted in favour of the Respondents/Claimants for the death of Amar Singh who died in a motor vehicular accident which occurred on 30.11.2012.2. During inquiry before the Claims Tribunal, it was claimed that the deceased was working as a mason and was earning Rs.15,000/- per month. In the absence of any documentary evidence with regard to the deceaseds income, the Claims Tribunal took minimum wages of a skilled worker, added 50% t...


Jan 29 2015

Iffco Tokio General Insurance Co Ltd Vs. Sh Satendra Yadav and Ors.

Court: Delhi

Decided on: Jan-29-2015

$-14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h January, 2015 + MAC.APP. 1005/2013 IFFCO TOKIO GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate versus SH SATENDRA YADAV & ORS. ..... Respondents Through: Mr. A.K. Dubey, Advocate for Respondents no.1 & 2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The appeal is for reduction of compensation of Rs.6,15,911/awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents no.1 and 2 for the death of Jitender Kumar, who died in a motor vehicular accident which occurred on 12.11.2008.2. During inquiry before the Claims Tribunal, it was claimed that the deceased was working as a skilled worker and earning a sum of Rs.9,000/- per month. In the absence of any proof of income, the Claims Tribunal took the minimum wages of an unskilled worker, added 50% towards future prospects, deducted 50% towards personal and living expenses and applied a multip...


Jan 29 2015

Sandeep Chhatwal Vs. Pishori Lal Chhatwal and Ors

Court: Delhi

Decided on: Jan-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment pronounced on: January 29, 2015 I.A. Nos.269/2012 & 17973/2012 in CS(OS) No.34/2012 SANDEEP CHHATWAL Through ..... Plaintiff Dr.Kanchan Chawla, Adv. versus PISHORI LAL CHHATWAL & ORS ..... Defendants Through Mr.Sunder Khatri, Adv. with Ms.Asiya, Adv. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiff has filed the suit for partition, declaration, rendition of accounts and permanent injunction in respect of various properties, the details of which are mentioned in the prayer clause.2. The suit as well as the interim application were listed before Court on 6th January, 2012 when the Court issued summons in the main suit and notice in the interim application. An interim order was passed in the application being I.A. No.269/2012 under Order XXXIX Rules 1 & 2 CPC, directing the defendants to maintain the status quo with regard to title and possession of the property bearing No.3234-P, Sector 23-A, Gurgaon, Harya...


Jan 29 2015

National Insurance Company Vs. Rajni and Ors.

Court: Delhi

Decided on: Jan-29-2015

$-11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h January, 2015 + MAC.APP. 1101/2012 NATIONAL INSURANCE COMPANY Through: ..... Appellant Ms. Arpan Wadhawan, Advocate versus RAJNI & ORS. Through: ..... Respondents Mr. Abdul Wazid, Advocate with Mr. Javed Ahmed, Advocate for Respondents no.1 to 4. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The appeal is against judgment dated 26.07.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.35,43,800/- was awarded in favour of Respondents no.1 to 4 for the death of Sandeep Yadav, who died in a motor vehicular accident which occurred on 15.07.2007.2. During inquiry, the Claims Tribunal found that the accident in question occurred on account of composite negligence of TSR no.DL-1RG-2138 and DTC bus no.DL-1PB-7341. The Claims Tribunal found that deceased Sandeep Yadav was getting a salary of Rs.15,242/- per month and was in permanent employment of Employees S...


Jan 29 2015

Raj Kamal Prakashan Pvt. Ltd. Vs. Jharkhand Shiksha Priyojna

Court: Delhi

Decided on: Jan-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. 01.2015 + CS (OS) No.314 of 2006 RAJ KAMAL PRAKASHAN PVT. LTD. ...... Plaintiff Through: Mr. Pravin Sharma, Adv. versus JHARKHAND SHIKSHA PRIYOJNA ..... Defendant Through: Mr. Abhijeet Sinha, Adv. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This suit has been filed for recovery of Rs.23,14,176/- along with pendente lite and future interest @ 18 per cent per annum for books supplied by the plaintiff to the defendant. Plaintiffs case 2. The plaintiff is a book publisher and the defendant is a project of the Department of Education, Government of Jharkhand, which was initiated with a view to encourage education as well as the knowledge of the Hindi language. Books were ordered by the defendant vide purchase orders dated 11.10.2004 to be supplied to its various libraries. The purchase order was honoured by the plaintiff and the details of the books supplied by them are as under: S.No.1.2.3. Order No.Dated ...


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