Delhi Court February 2015 Judgments
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Ashok Aggarwal Vs. Sushil Kumar and Ors.
Court: Delhi
Decided on: Feb-19-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:19. h February, 2015 + MAC.APP. 371/2007 ASHOK AGGARWAL Through: ..... Appellant Mr.Nitinjya Chaudhary, Advocate with Mr. Atreya Singh, Advocate versus SUSHIL KUMAR & ORS. Through: + ..... Respondents Mr. J.N. Aggarwal, Advocate for Respondent no.3. MAC.APP. 233/2007 DELHI TRANSPORT CORPORATION Through: ..... Appellants Mr. J.N. Aggarwal, Advocate versus ASHOK AGGARWAL Through: ..... Respondent Mr.Nitinjya Chaudhary, Advocate with Mr. Atreya Singh, Advocates CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT1 These two appeals arise out of judgment dated 01.12.2006 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.4,98,148/- was awarded in favour of Ashok Aggarwal (Appellant in MAC. APP. 371/2007) and Delhi Transport Corporation(DTC) (Appellant in MAC.APP.233/2007) was made liable to pay the compensation along with interest @ 9% per annum from the date of filing of the claim petition.2. MAC....
Sunil Kumar Vs. State Govt of Nct of Delhi and Anr.
Court: Delhi
Decided on: Feb-19-2015
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 19, 2015 + CRL.M.C. 5880/2014 SUNIL KUMAR Through: ..... Petitioner Mr. Suryakant Singh and Mr. Aditya Singh, Advocates versus STATE GOVT OF N CT OF DELHI & ANR .....Respondents Through: Mr.Parveen Bhati, Additional Public Prosecutor for respondentState with SI Sahi Ram Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.233/2014, under Sections 288/304-A of IPC registered at police station Greater Kailash, District South East, New Delhi is sought on the ground that the incident of wall under construction falling and resulting in death of husband of respondent No.2, was purely accidental. Notice. Mr. Parveen Bhati, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2, present in the Court, has been identified to be the wife of deceased by SI Sahi Ram on the basis of identity proof produced by her. Learned Addition...
Laverana Gmbh and Co Kg Vs. Mac Personal Care Pvt Ltd and Ors
Court: Delhi
Decided on: Feb-19-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment pronounced on: February 19, 2015 I.A. No.18151/2012 & I.A. No.19804/2013 in CS(OS) 3000/2012 LAVERANA GMBH & CO KG ..... Plaintiff Through Mr.Manav Kumar, Adv. versus MAC PERSONAL CARE PVT LTD & ORS ..... Defendants Through Mr.S.K.Bansal, Adv. with Mr.Ajay Amitabh Suman & Mr.Vikas Khera, Advs. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present suit has been filed by the plaintiff for permanent injunction restraining passing off, damages, delivery up etc. against the defendants with regard to trade name/trademark LAVERA in relation to natural cosmetics and other body care products. Along with the suit, plaintiff also filed an application being I.A. 18151/2012 under Order 39 Rule 1 and 2 read with Section 151 CPC.2. The defendant No.1 is a private limited company engaged in the business of manufacturing and marketing of cosmetics, creams for hair/skin/oral/ personal care products etc. Defendant nos. 2 and 3 are...
R.B.Chauhan Vs. Food Corporation of India and Anr.
Court: Delhi
Decided on: Feb-19-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.18944/2006 19th February, 2015 % R.B.CHAUHAN ..... Petitioner Through: Mr. Puran Mal Saini, Adv. versus FOOD CORPORATION OF INDIA & ANR. Through: ..... Respondents None. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition filed under Article 226 of the Constitution of India, petitioner, the erstwhile employee of the respondents/Food Corporation of India, seeks the relief of being granted pensionary benefits along with interest.2. The facts of the case are that the petitioner was originally the employee of the Ministry of Food, Government of India, and his services were transferred to the respondents/Corporation in the year 1966 under Section 12A of the Food Corporations of India Act, 1964(hereinafter referred to as the Act). Petitioner in terms of the Act had to apply for his option for converting the Contributory Provident Fund (CPF) entitlement to a ...
Oriental Insurance Co Ltd Vs. B.N. Venkamma and Ors
Court: Delhi
Decided on: Feb-19-2015
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h February, 2015 + MAC.APP. 45/2011 ORIENTAL INSURANCE CO LTD ..... Appellant Through: Ms. Savita Singh, Adv. versus B.N. VENKAMMA & ORS Through: ..... Respondents Mr. S.N.Parashar, Adv. for R-1 & R-2 Ms. Neerja Sachdeva, Adv. for ICICI/R-7. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. The only ground of challenge raised in the instant appeal is that the Insurance Company having successfully proved the breach of terms and conditions of the insurance policy, it ought to have been exonerated from the liability to pay the compensation instead of mere grant of recovery rights against the driver and owner of the offending truck bearing registration no.HP-23-1341.2. The question of statutory liability to pay the compensation was discussed in great detail by a two Judge Bench of the Supreme Court in Skandia Insurance Company Limited v. Kokilaben Chandravadan, (1987) 2 SCC654wherein it was held that an exclu...
State Vs. Salim Khan and Ors
Court: Delhi
Decided on: Feb-19-2015
$~01. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 213/2014 % Judgment dated 19.02.2015 STATE Through : ..... Petitioner Mr.Feroz Khan Ghazi, APP for the State along with SI Satish Kumar, P.S. Ali Pur. versus SALIM KHAN & ORS Through : ..... Respondents Ms.Nandita Rao, Adv. for respondent no.1. Mr.Javed Alvi, Adv. for respondent no.2, Rajender Singh. Mr.Karan Sachchar and Mr.Tushar Sharma, Advs. for respondents no.3 and 4. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J (ORAL) CRL.M.A.NOS.4181/2014 & 4182/2014 1. CRL.M.A.No.4181/2014 has been filed by the appellant/State seeking condonation of 33 days delay in filing the present appeal and CRL.M.A.No.4182/2014 has been filed seeking condonation of 6 days delay in re-filing the present appeal.2. Learned counsel for the respondents submit that they have no objection if the present applications are allowed and delay is condoned.3. Heard and for the reasons stated in the present appl...
Shri Ram Singh Chauhan Vs. Life Insurance Corporation of India
Court: Delhi
Decided on: Feb-19-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4826/2005 19th February, 2015 % SHRI RAM SINGH CHAUHAN Through: versus ..... Petitioner Mr.R.K.Saini, Advocate. LIFE INSURANCE CORPORATION OF INDIA ..... Respondent Through: Mr.Kamal Mehta with Mr.Sudeep Singh, Advocates. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition filed under Articles 226 and 227 of the Constitution of India, petitioner, an erstwhile employee of the respondent/Life Insurance Corporation of India (LIC) impugns the penalty order imposed by the Chairman of the respondent dated 11.2.2004 of reduction in basic pay by one stage. The Chairman of the respondent reduced the punishment imposed by the Disciplinary Authority vide order dated 14.12.2001, and as per which order the petitioner was imposed the penalty of being brought down three steps in the time-scale applicable to him, and which was confirmed by the Appellate Authority vide...
Iffco Tokio Gen Ins Co Ltd. Vs. Mithu Sarkar and Ors
Court: Delhi
Decided on: Feb-19-2015
$-12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h February, 2015 + MAC.APP. 516/2011 IFFCO TOKIO GEN INS CO LTD. Through: ..... Appellant Ms. Shantha Devi Raman, Advocate versus MITHU SARKAR & ORS Through: ..... Respondents Mr. Soban Singh Rawat, Advocate for Mr. R.D. Joshi, Advocate for R-6 (owner) CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. At the time of hearing of the appeal, a short submission is raised by the learned counsel for the Appellant. It is urged that as per the claim of Respondents no.1 to 5, deceased Khocon Sarkar was working as an office boy and was earning `40,000/- per annum. It is contended that the deceased was in private service. There was no evidence whatsoever to show that the deceased had bright future prospects. It is urged that the Motor Accident Claims Tribunal (the Claims Tribunal) thus, erred in granting future prospects. It is also urged that the Appellant proved willful breach of the terms and conditions of the...
Oriental Insurance Co Ltd Vs. Sinadhu Devi and Ors
Court: Delhi
Decided on: Feb-19-2015
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h February, 2015 + MAC.APP. 96/2014 ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. Pradeep Gaur, Adv. versus SINADHU DEVI & ORS Through: ..... Respondents Mr. S.N. Parashar, Adv. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. The appeal is for reduction of compensation of `21,38,824/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Vijay Verma, who died in a motor vehicular accident which occurred on 07.03.2013.2. During inquiry before the Claims Tribunal, it was proved that deceased Vijay Verma was a TSR driver. His income from running a TSR was claimed to be `12,000/- to `15,000/- per month. In absence of any proof of income, the Claims Tribunal took the minimum wages of a skilled worker, added 50% towards future prospects, deducted 1/4th towards personal and living expenses and adopted the multiplier of 16 to compute the loss of dependency at `19,03,824/-...
Ram Ditti and Anr Vs. Delhi Development Authority and Ors
Court: Delhi
Decided on: Feb-19-2015
* HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7489/2013 Decided on :19. h February, 2015 RAM DITTI & ANR ..... Petitioner Through: Mr. Saurabh Kansal, Advocate. versus DELHI DEVELOPMENT AUTHORITY & ORS ..... Respondents Through: Mr. M.K. Singh, Advocate for the DDA. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. The petitioners quashing/modification by of virtue the of which they allotment-cum-demand have letter sought dated 07.08.2013 whereby a sum of Rs.9,16,473.71 has been demanded from them towards the cost of the flat bearing No.107, Ground Floor, Sector17, Block-B, Pocket 7, Rohini, Delhi.2. Briefly stated that the facts of the case are that Sh.Krishan Lal Bhatia, husband of the present petitioner No.1 and father of petitioner No.2, had applied for allotment of a flat under New Pattern Registration Scheme, 1979 (the said Scheme for short) of the DDA vide registration No.24317. Sh.Krishan Lal Bhatia expired on 31.01.1988. It has been averred in the petition that after m...
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