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Delhi Court February 2015 Judgments

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Feb 24 2015

National Insurance Company Ltd. Vs. Vakil Paswan and Ors.

Court: Delhi

Decided on: Feb-24-2015

$-37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:24. h February, 2015 + MAC.APP. 295/2007 NATIONAL INSURANCE COMPANY LTD...... Appellant Through: Mr. Pradeep Gaur, Adv. with Mr. Amit Gaur, Adv. versus VAKIL PASWAN & ORS. Through: ... Respondents Nemo. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The appeal is directed against the judgment dated 06.03.2007 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of `33,000/- was awarded in favour of Respondent no.1 and the Appellant National Insurance Company Limited was made liable to pay the compensation.2. The learned counsel for the Appellant urges that vehicle no.DL1G-9273 which was involved in the accident was not insured with the Appellant and, therefore, the Appellant had no liability at all to pay the compensation.3. I have the Trial Court Record before me. In the Claim Petition filed by Respondent no.1, Respondnet no.2, Nemi Chand was claimed to be the owner a...


Feb 24 2015

Bureau of Indian Standards Vs. Suresh Chandra Gupta and Others

Court: Delhi

Decided on: Feb-24-2015

$~A-37 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: February 24., 2015 CS(OS) 2989/2012 BUREAU OF INDIAN STANDARDS ..... Plaintiff Through Mr. Ramesh Kumar, Advocate. versus SURESH CHANDRA GUPTA & OTHERS ..... Defendants Through Mr.S.K.Chachra, Advocate for D-1. Mr.Rajiv Nayyar, Sr. Advocate with Mr. Ankit Relan and Ms.Sanya, Advocates for D-2. Mr.Praveen Sehrawat and Mr.Priyadarshi Banerjee, Advocates for D-3. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) IA No.9407/2013 (u/O1R10CPC) 1. This is an application filed by defendant No.2-Google India Pvt. Ltd. under Order 1 Rule 10 read with Order 7 Rule 11 CPC for being deleted from the array of parties and for rejection of the plaint qua defendant No.2.2. The plaintiff has filed the present suit for a decree of Rs.1 crore as damages for defamation and illegal, irregular and excessive distress in favour of the plaintiff and against the defendants. A decree of permanent injunction is also sought against th...


Feb 24 2015

Maya Devi Vs. Rafeeqa Khatoon

Court: Delhi

Decided on: Feb-24-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 82/2013 Decided on:24. h February, 2015 % MAYA DEVI Through ..... Petitioner Mr. Sonal Sinha, Adv. versus RAFEEQA KHATOON Through ..... Respondent Mr. Kunwar A.K. Singh, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. The petitioner impugnes the order dated 5th July, 2011 whereby the appeal of the petitioner against the order dated 14 th February, 2011 not granting the benefit under Section 14(2) of the Delhi Rent Control Act (in short the DRC Act) and directing the petitioner to evict the tenanted premises was dismissed. In execution of the impugned order dated 5th July, 2011 passed by the learned ARC the possession of the premises has been taken over by the respondent/ landlord in May 2012 and the present petition was preferred only in January 2013.2. The respondent filed an eviction petition under Section 15(1)(a) of the DRC Act stating that the petitioner was a tenant of the late husband of the respondent in res...


Feb 24 2015

Reliance General Insurance Co. Ltd. Vs. Smt Reeta Mishra and Ors.

Court: Delhi

Decided on: Feb-24-2015

$-17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:24. h February, 2015 + MAC.APP. 923/2013 RELIANCE GENERAL INSURANCE CO. LTD..... Appellant Through: Mr. Pankaj Gupta, Adv. for Ms. Suman Bagga, Adv. versus SMT REETA MISHRA & ORS. ..... Respondents Through: Nemo. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The appeal is for reduction of compensation of `12,53,795/awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Rakesh Mishra, who died in a motor vehicular accident which occurred on 15.06.2010 at 9:00 p.m.2. The following contentions are raised on behalf of the Appellant:(i) In the absence of any evidence towards future prospects, addition of 50% was not justified; and (ii) The compensation awarded towards non-pecuniary damages is on the higher side.3. The appeal must succeed on both the grounds.4. In the absence of any evidence with regard to deceaseds income, the Claims Tribunal took the minimum wages of an unskill...


Feb 24 2015

Satish Kumar Sood Vs. M/S Sizzler Restaurant Pvt Ltd

Court: Delhi

Decided on: Feb-24-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :19.02.2015 Judgment delivered on :24.02.2014 CS(OS) 874/2013 SATISH KUMAR SOOD Through ..... Plaintiff Ms. Vidhi Goel and Ms. Bhumika Menon, Advs. versus M/S SIZZLER RESTAURANT PVT LTD ..... Defendant Through None. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 The present suit is a suit for possession, mesne profit and damages. 2 The plaintiff is the sole proprietor of Eros Cinema-cum- Commercial Complex. Defendant had approached the plaintiff to take on lease a space for an ice-cream parlour in the aforenoted complex. Lease deed dated 20.4.2012 had been entered into by the parties. It was for a space of 434 sq. feet super area on the ground floor of Eros Cinema Building, Jangpura Extension, New Delhi. Lease commenced on 28.3.2012, it was a monthly lease for an initial period of three years renewable at the option of defendant for further period of three years for a maximum of 9 years. Rent payable was ...


Feb 24 2015

Manjit Singh Vs. Vani Jain

Court: Delhi

Decided on: Feb-24-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 410/2013 & CM176852013 (stay) Decided on:24. h February, 2015 % MANJIT SINGH Through ..... Petitioner Mr. Manjeet Singh Ahluwalia, Adv. versus VANI JAIN Through ..... Respondent Mr. Vijay Tandon, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Aggrieved by the order dated 26th April, 2013 whereby leave to defend application filed by the petitioner in an eviction petition filed by the respondent under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, 1958 (in short the DRC Act) was dismissed, the petitioner prefers the present petition. During the course of proceedings on 4th September, 2014 learned counsel for the respondent stated that the possession of the tenanted premises has already been taken in execution of the impugned judgment and decree dated 26th April, 2013.2. In the eviction petition the respondent claims herself to be the owner and landlady of shop No.B-2 (basement floor) in prope...


Feb 24 2015

Pradeep Kumar and Ors. Vs. State Govt. of Nct of Delhi and Anr.

Court: Delhi

Decided on: Feb-24-2015

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 24, 2015 + CRL.M.C. 5669/2014 PRADEEP KUMAR & ORS. ..... Petitioners Through: Mr. O.P.Aggarwal, Advocate versus STATE GOVT. OF NCT OF DELHI & ANR. .... Respondents Through: Mr. Karan Singh, Additional Public Prosecutor for respondentState with ASI Rajnish Ms. Anubha Sharma & Mr. Amit Verma, Advocates with Respondent No.2-in-person CORAM: HON' BLE MR. J USTICE SUNIL GAUR J UDGMENT (ORAL) % Quashing of FIR No.224/09 under Sections 498-A/406/34 of IPC registered at Police Station Vijay Vihar, Delhi, is sought on the basis of settlement arrived at between the parties, terms thereof are reflected in the joint statement made by the parties before the Family Court on 21st November, 2013. Mr. Karan Singh, Additional Public Prosecutor for respondentState submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so by her counsel as well as b...


Feb 24 2015

Zahid Khan Vs. Arun Mandal and Ors.

Court: Delhi

Decided on: Feb-24-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: February 24, 2015 + % MAC. APP. 5/2008 ZAHID KHAN Through: ....... Appellant/Petitioner Mr. R.K. Bachchan, Advocate. versus 1. ARUN MANDAL Son of Sh. Durga Prasad Mandal Resident of Village Dhanokhar Naya Tolla, P.O. Dhanokhar, District Bhagalpur, Bihar 2. NARESH SINGH Son of Sh. Sohan Singh, Resident of 214 Prakash Mohalla, East of Kailash, New Delhi 3. THE ORIENTAL INSURANCE CO. LTD. RO-1, 88, Janpath, New Delhi ...............................Respondents Through: None on behalf of R-1 & R-2. Mr. A.K. Soni, Adcvocate for R-3/ Insurance Co. CORAM: HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT I. S. MEHTA, J.1. The appellant has preferred the present appeal for enhancing the compensation against the Award dated 03.05.2006 passed by the Motor Accident Claims Tribunal, Tis Hazari Court, Delhi. The brief facts are that on the intervening night of 22/23.01.2005, the appellant alongwith his friend Ramzani was going from Idgah Sadar B...


Feb 24 2015

Neeraj Vs. State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Feb-24-2015

$~Part-A (R-13 to18) * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.503/2013 Date of decision:24. h February, 2015 NEERAJ ..... Appellant Through Mr. Deepak Vohra, Advocate. versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through Mr. Varun Goswami, APP along with Inspector Ajay Kumar Singh, PTC. CRIMINAL APPEAL No.406/2013 RAJEEV ..... Appellant Through Mr. Anurag Jain, Mr. Rohit Chauhan & Mr. Ravi Prakash, Advocates. versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through Mr. Varun Goswami, APP along with Inspector Ajay Kumar Singh, PTC. CRIMINAL APPEAL No.529/2013 KANHAIYA ..... Appellant Through Mr. R.K. Anand & Ms. Payal Juneja, Advocates. versus STATE (GOVT. OF NCT OF DELHI) CRL.A. No.503/2013+connected appeals ..... Respondent Page 1 of 16 Through Mr. Varun Goswami, APP along with Inspector Ajay Kumar Singh, PTC. CRIMINAL APPEAL No.551/2013 MANOJ ..... Appellant Through Ms. Inderjeet Sidhu, Advocate. versus STATE (GOVT. OF NCT OF DELHI) ..... Responden...


Feb 24 2015

Commisioner of Police and Ors Vs. Ex Const Raj Kumar

Court: Delhi

Decided on: Feb-24-2015

$~ 10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and order:24. h February 2015 + W.P.(C) 3497/2014 COMMISIONER OF POLICE AND ORS ..... Petitioners Through: Ms. Avnish Ahlawat with Ms. Latika Choudhry, Advocates. versus EX CONST RAJ KUMAR Through: ..... Respondent Mr. Arun Bhardwaj with Mr. Rishi Kapoor, Advocates. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S. MEHTA ORDER % 24.02.2015 KAILASH GAMBHIR, J.(Oral) 1. Arguing the present petition, Ms. Avnish Ahlawat, learned counsel for the petitioner submits that the learned Tribunal has committed illegality in not appreciating the fact that there was sufficient evidence against the deceased Constable Raj Kumar to award major penalty of dismissal and therefore, the report submitted by ACP Satbir Singh could have been easily ignored. Counsel also submits that the Appellate Authority vide orders dated 22.02.2010 got the matter inquired into through an ACP as the earlier inquiry conducted by the ACP did not...


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