Delhi Court February 2015 Judgments
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the National Insurance. Co. Ltd Vs. Shashi Goel and Ors.
Court: Delhi
Decided on: Feb-13-2015
$-42-43 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h February, 2015 + MAC.APP. 282/2007 THE NATIONAL INSURANCE. CO. LTD ..... Appellant Through Mr. Pradeep Gaur, Advocate versus SHASHI GOEL & ORS. Through + ..... Respondents Mr. Arun Srivastava, Advocate MAC.APP. 283/2007 THE NATIONAL INSURANCE. CO. LTD ..... Appellant Through Mr. Pradeep Gaur, Advocate versus GEETA DEVI & ORS. Through ..... Respondents Mr. Arun Srivastava, Advocate for Respondents no.1 and 2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present appeals are directed against the judgment dated 23rd March, 2007 whereby compensation of Rs. 19,61,000/- was awarded for the death of Achin Goel, who had died in a motor vehicular accident which occurred on 4th January, 2005.2. The Claims Tribunal found that the accident was caused on account of rash and negligent driving of a truck and the TSR bearing no.DL-1RD5969 Since the offending truck could not be traced, the claim petition w...
the National Insurance. Co. Ltd Vs. Dinesh Tiwari and Ors.
Court: Delhi
Decided on: Feb-13-2015
$-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h February, 2015 + MAC.APP. 291/2006 THE NATIONAL INSURANCE. CO. LTD ..... Appellant Through Mr. P.K. Seth, Advocate versus DINESH TIWARI & ORS. Through ..... Respondents None CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present appeal is directed against judgment dated 3rd December, 2005 whereby compensation of Rs. 10,06,120/- (including interim sum of Rs. 50,000/-) was awarded in favour of Respondents No.1 to 4 for the death of V.P. Tiwari, who died on account of fatal injuries suffered in a motor vehicles accident which occurred on 12th January, 1995. The deceased succumbed to injuries on 21 st January, 1995. During enquiry before the Claims Tribunal, evidence was led to show that the deceased was getting a salary of Rs. 8230/- per month at the time of his accident.2. The Claims Tribunal took the salary with future prospects as Rs. 11,115/-, deducted 1/3rd towards personal expenses and adopt...
State Vs. Ram Kishan and Others
Court: Delhi
Decided on: Feb-13-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL LEAVE PETITION No.92/2014 Date of decision:13. h February, 2015 % . Appellant STATE Through : Mr. Sunil Sharma, APP for the State. versus .Respondent RAM KISHAN & ORS. Through : None. CORAM : HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL G. S. SISTANI, J.(ORAL) 1. By the present criminal leave petition filed under section 378 of the Code of Criminal Procedure, the State seeks leave to appeal against the impugned judgment dated 20.08.2011 passed by the learned Additional Sessions Judge in sessions case No.21/09 whereby the respondents (accused before the trial court) were acquitted of the charges punishable under sections 498A/304B/34 of Indian Penal Code.2. The facts of the case as noticed by the learned trial court, are as under:1.0 Briefly stated, the case of the prosecution is that on 19.02.2008, at around1:05 am, on receipt of DD No.31A, Ex.PW13/A to the effect that Ms. Pushpa W/o Deepak R/o C-1506, T...
Pooran Lal Sharma Vs. Sh. Karan Kumar and Ors
Court: Delhi
Decided on: Feb-13-2015
$-35 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h February, 2015 + MAC.APP. 152/2015 POORAN LAL SHARMA Through: ..... Appellant Mr.J.S. Kanwar, Advocate versus SH. KARAN KUMAR & ORS ..... Respondents Through: Mr. Manish Kaushik, Advocate for Mr. K.L. Nandwani, Advocate for Respondent no.2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The instant appeal is directed against the judgment dated 27.09.2014 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby the petition under Section 163A of the Motor Vehicles Act, 1988(the Act) preferred by the legal representatives of deceased Abhishek Sharma was dismissed.2. As per the averments made in the claim petition, on 14.04.2008 at about 7:55 a.m., the deceased was driving motor cycle no.DL-13-SA-5501 which he borrowed from Karan Kumar, Respondent no.1 herein. When deceased reached Khajuri Khas Chowk Red Light, an accident occurred and the deceased suffered fatal injuries. The Appel...
M/S Mayur Recreational and Dev.Ltd Vs. Cit
Court: Delhi
Decided on: Feb-13-2015
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h February, 2015 + ITA2662002 M/S MAYUR RECREATIONAL & DEV.LTD ..... Appellant Through Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advs. versus CIT ..... Respondent Through Mr. P Roy Chaudhuri and Mr. Rohit Madan, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % C.M. Nos. 2555-2556/2015 1. Issue notice.2. Mr. P Roy Chaudhuri, Adv. accepts notice.3. With consent the applications were heard.4. Having regard to the averments made in the applications, this Court is of the opinion that the interest of justice lies in accepting the request for restoration of the appeal and condoning the delay.5. Accordingly, the CMs are allowed and the appeal is restored to the file. ITA2662002 6. In the present case, the question of law framed by the Court on 10.12.2002 was as follows : ITA No.266/2002 Page 1 Whether on the facts and in the circumstances of the case the Tribun...
Santosh Vs. State
Court: Delhi
Decided on: Feb-13-2015
$-25 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :13. h FEBRUARY, 2015 + CRL.A. 632/2012 SANTOSH ..... Appellant Through : Mr.M.L.Yadav, Advocate. VERSUS STATE ..... Respondent Through : Ms.Kusum Dhalla, APP with SHO Dabri Mahender Kr.Mishra and SI Benkatesh, P.S.Dabri CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Present appeal has been preferred by the appellant Santosh to challenge the legality and propriety of a judgment dated 06.08.2011 of learned Additional Sessions Judge in Sessions Case No.16/10 arising out of FIR No.223/09 PS Dabri by which he was held guilty for committing offences punishable under Sections 342/366/376 IPC. By an order dated 19.08.2011, he was sentenced to undergo RI for ten years with fine ` under Section 366 IPC and RI for one year under Section 342 IPC. All the sentences were to operate concurrently.2. Briefly stated, the prosecution case as reflected in the charge- sheet was that on 11.07.2009 at about 04.00 P.M., the appellant ...
Achal Singh Vs. Uoi
Court: Delhi
Decided on: Feb-12-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: February 09, 2015 Judgment Delivered on: February 12, 2015 + W.P.(C) 1038/2006 ACHAL SINGH Represented by: ..... Petitioner Dr.Sumant Bharadwaj, Advocate with Mr.Mridula Bharadwaj, Advocate versus UOI Represented by: ..... Respondent Ms.Saroj Bidawat, Advocate with Mr.Arvind Sharma, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. The writ petitioner had joined service as Constable (GD) with the Border Security Force on a date not disclosed in the pleadings of the parties but it appears that it was around the year 1989 for the reason the pleadings of the parties would show that when the petitioner was dismissed from service on April 04, 2003, he had rendered service for 14 years.2. Granted casual leave for five days on compassionate grounds commencing from July 15, 2002 till July 19, 2002, requiring the petitioner to resume duty at the transit camp of BSF in ...
Ex Sub Rajender Singh Vs. Union of India and Ors.
Court: Delhi
Decided on: Feb-12-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:12. 02.2015 + WP (C) No.432 of 2013 EX SUB RAJENDER SINGH ...... Petitioner Through: Mr. D.V.S. Yadav & Mr. Pankaj Yadav, Advs. versus UNION OF INDIA & ORS. Through: ..... Respondents Mr. Saqib, Mr. Ravjyot Singh & Mr. Mahesh Sharma, Advs. for R-1/UOI. Mr. Akhil Sibal, Ms. Anjali Vohra & Mr. Jatin Mongia, Advs. for R-3. CORAM: HONBLE MR. JUSTICE BADAR DURREZ AHMED HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.1. A Division Bench of this Court, by its order dated 25th April, 2013 (hereinafter referred to as the reference order) has referred the following questions of law for adjudication by the Full Bench:1) Can the right to extended service, of an Army personnel, on completion of the term of office, and attainment of the prescribed age of superannuation be equated with the right to continue in service during the term of office prescribed under the relevant rules, in the context of Para 59 o...
State of Nct of Delhi Vs. Jai Kumar and Ors.
Court: Delhi
Decided on: Feb-12-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 654/2014 Reserved on :14. h January, 2015 Date of decision:12. h February, 2015 STATE OF NCT OF DELHI ..... Appellant Through: Mr.Varun Goswami, APP for the State. versus JAI KUMAR & ORS. Through: None. ..... Respondents CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR, J.Crl.M.A No.16723/2014 (for condonation of delay in filing the Petition) and CRL.L.P. 654/2014 1. There is a delay of three days in filing the petition. A prayer has been made to condone the same. Instead of issuing notice to the Respondents, we deem it desirable to look into the grounds of appeal and the Trial Court records to ascertain whether leave to appeal could be granted.2. This leave petition is directed against the judgment dated 17th June, 2014 passed by the learned Additional Sessions Judge-III, North District, Rohini Courts, Delhi in Sessions Case No.113/2013 whereby the respondents have been acquitted of the char...
M/S Mata Vaishno Finsec (P) Ltd. Vs. Shailender
Court: Delhi
Decided on: Feb-12-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:12. 02.2015 % CRL.L.P. 652/2014 M/S MATA VAISHNO FINSEC (P) LTD ..... Petitioner Through: Mr. Madhu Advocate Sudhan Bhayana, Versus SHAILENDER ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(OPEN COURT) 1. The present petition, preferred under Section 378 Cr PC seeks leave to appeal against the judgment dated 19.07.2014 passed by the learned MM-1 (NI Act), South-West District, New Delhi in CC No.4612/2014, M/s Mata Vaishno Finsec Pvt. Ltd. v. Shailender, whereby the complaint preferred by the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (the Act) for dishonour of cheque issued by the respondent/accused for Rs.1,52,078/- has been dismissed.2. The accused admitted his signatures on the cheque in question. However, he denied the other allegations of the petitioner. The case of the petitioner was that upon the respondents request, the petitioner had disbursed a personal l...
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