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Delhi Court February 2015 Judgments

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Feb 05 2015

Shriram General Insurance Co Ltd Vs. Kusum Lata and Ors

Court: Delhi

Decided on: Feb-05-2015

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h February, 2015 + MAC.APP. 649/2014 SHRIRAM GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. Manish Kaushik, Adv. for Mr. K.L.Nandwani, Adv. versus KUSUM LATA & ORS Through: ..... Respondents Mr. Rana Kunal, Adv. with Mr. S.S. Malik, Adv. for R-1 to R-7. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. The appeal is directed against the judgment dated 02.04.2014 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.12,13,300/- was awarded in favour of Respondents no.1 to 7 for the death of deceased Narender Kumar, a bachelor who died in a motor vehicular accident which occurred on 29.09.2012.2. On appreciation of evidence, the Claims Tribunal found that the accident was caused because of rash and negligent driving of the driver of truck bearing registration no.UP-17C-8151. The Claims Tribunal accepted the income of the deceased to be Rs.6656/- per month, deduc...


Feb 05 2015

Bajaj Allianz General Insurance Co. Ltd. Vs. Smt. Sarla Katiyar and Or ...

Court: Delhi

Decided on: Feb-05-2015

$~36 & 37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h February, 2015 + MAC.APP.467/2012 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD...... Appellant Through: Mr. Priyadarshi Gopal, Adv. for Ms. Rameeza Hakim, Adv. versus + SMT. SARLA KATIYAR & ORS ..... Respondents Through: Mr. Prem Chandra, Adv. for R-1 to R-4. MAC.APP.657/2012 SMT. SARLA KATIYAR & ORS. ...... Appellants Through: Mr. Prem Chandra, Adv. versus SANTOSH SRIVASTAVA & ANR. ..... Respondents Through: Mr. Priyadarshi Gopal, Adv. for Ms. Rameeza Hakim, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. These two appeals arise out of judgment dated 25.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.8,77,073/- was awarded in favour of the Claimants for the death of deceased Babu Lal Katiyar, who died in a motor vehicular accident which occurred on 22.10.2009.2. Appellant in MAC APP.467/2012 shall be referred to as the Insurance Compa...


Feb 05 2015

Smt. Sarla Katiyar and Ors. Vs. Santosh Srivastava and Anr.

Court: Delhi

Decided on: Feb-05-2015

$~36 & 37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h February, 2015 + MAC.APP.467/2012 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD...... Appellant Through: Mr. Priyadarshi Gopal, Adv. for Ms. Rameeza Hakim, Adv. versus + SMT. SARLA KATIYAR & ORS ..... Respondents Through: Mr. Prem Chandra, Adv. for R-1 to R-4. MAC.APP.657/2012 SMT. SARLA KATIYAR & ORS. ...... Appellants Through: Mr. Prem Chandra, Adv. versus SANTOSH SRIVASTAVA & ANR. ..... Respondents Through: Mr. Priyadarshi Gopal, Adv. for Ms. Rameeza Hakim, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. These two appeals arise out of judgment dated 25.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.8,77,073/- was awarded in favour of the Claimants for the death of deceased Babu Lal Katiyar, who died in a motor vehicular accident which occurred on 22.10.2009.2. Appellant in MAC APP.467/2012 shall be referred to as the Insurance Compa...


Feb 05 2015

Commissioner of Central Excise Vs. M/S Modern Industrial Enterprises

Court: Delhi

Decided on: Feb-05-2015

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:05. 02.2015 + CEAC32006 C.M. Nos.7916-7917/2014 (CM FOR RESTORATION) COMMISSIONER OF CENTRAL EXCISE ..... Petitioner Through: Mr. Satish Kumar, Sr. Standing Counsel with Ms. Shruti Yadav, Advocate. versus M/S MODERN INDUSTRIAL ENTERPRISES ..... Respondent Through: Mr. C. Hari Shanker, Sr. Advocate with Mr. Saket Sikri and Mr. Jagdish N., Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA S.RAVINDRA BHAT, J.(OPEN COURT) C.M. No.7917/2014 (for condonation of delay) For the reasons mentioned in the application, the application stands allowed. C.M. Nos.7916/2014 (for restoration of appeal) For the reasons mentioned in the application, the application stands allowed. Appeal stands restored to the file of this Court. CEAC32006 1. The following questions of law were framed at the stage of admission:1. Whether the Commissioner of Central Excise, Delhi-I had CEAC32006 Page 1 territorial jurisdiction to...


Feb 05 2015

Dr Vijay Kumar Kadam Vs. State and Anr

Court: Delhi

Decided on: Feb-05-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : JANUARY20 2015 DECIDED ON : FEBRUARY05 2015 + CRL.REV.P. 511/2013 & CRL. M.A. 17351/2013, CRL. M.A. 13499/2013 DR VIJAY KUMAR KADAM ..... Petitioner Through : Mr. R.K. Pandey and Ms.Kanika Kadam, Advocates. VERSUS STATE & ANR Through : ..... Respondent Mr. Navin K. Jha, APP for State along with IO/SI Ajay Kumar, P.S. Dabri. Mr. Sameer Chandra, Advocate for R2. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The instant revision petition has been preferred by the petitioner to challenge the legality and correctness of an order dated 02.08.2013 by which charge under Sections 323/342/376/511 IPC was ordered to be framed against him. Prayer has also been made for quashing of the FIR39411 registered at Police Station Dabri. Respondent No.2/complainant has contested it.2. In a complaint case filed under Section 200 Cr.P.C., the respondent No.2 alleged that on 26.11.2011 when she had gone to the petitioners office to inquire whether sh...


Feb 05 2015

Punjab and Sind Bank Vs. Ramanjit Kaur and Ors

Court: Delhi

Decided on: Feb-05-2015

$-20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: February 05, 2015 + W.P.(C) 8068/2014, CAV.1028/2014, C.M.NO.18843/2014 PUNJAB & SIND BANK ..... Petitioner Through: Sh. Rajinder Wali, Advocate. versus RAMANJIT KAUR & ORS. ..... Respondents Through: Sh. Rajeeve Mehra, Sr. Advocate with Sh. Aditya Malhotra and Ms. Shruti Aggarwal, Advocates, for Respondent Nos. 1 and 5. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE R.K.GAUBA % 1. This writ petition questions the legality of the order dated 26.09.2014 passed by Debts Recovery Appellate Tribunal (hereinafter referred to as the DRAT) in appeal No.308/2011 arising out of OA No.276/1996 (Delhi-II) whereby relief in the form of reduced rate of pendente lite and future interest has been granted on considerations of equity, fairness and reasonableness to the respondents No.1 and 5 (hereinafter the contesting respondents).2. The respondents No.2 to 4 did not appear or contest before the DRT or DR...


Feb 05 2015

Vijay Pal Vs. State(Govt. of Nctof Delhi)

Court: Delhi

Decided on: Feb-05-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1653/2014 % Judgment delivered on 05 February, 2015 VIJAY PAL .....APPELLANT Through : Mr. Ramesh Gupta, Senior Advocate with Mr. Nagendra Kasana, Advocate Versus STATE(GOVT.OF NCTOF DELHI) ..RESPONDENT Through : Mr. Varun Goswami, APP for State CORAM : HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J (ORAL) 1. Present appeal u/s 374 Cr.P.C. on behalf of the appellant has been filed against the impugned judgment and order dated 03.09.2014 & 06.09.2014 of the ASJ-03, South District, Saket Courts, New Delhi. The learned ASJ has convicted and sentenced the Appellant to undergo imprisonment for life and to pay a fine of Rs. 5000/- in default of payment of further S.I. in the above said case.2. The case of the prosecution as noticed by the learned Trial Court is as under: i) Accused Vijay Pal has faced this trial on the charge of having murdered Isabelle Dessoy, a Belgium national, on 23.09.2006 at a...


Feb 04 2015

Ravi Dev Gupta Vs. Union of India and Others

Court: Delhi

Decided on: Feb-04-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA No.1327/2007 % Judgment delivered on:04. 02.2015 BOARD OF CONTROL FOR CRICKET IN INDIA & ANOTHER Appellants Versus PRASAR BHARATI BROADCASTING CORPORATION OF INDIA AND ANOTHER Respondents WITH WP(C) No.8458/2007 BOARD OF CONTROL FOR CRICKET IN INDIA AND ANOTHER Petitioners versus PRASAR BHARATI, BROADCASTING CORPORATION OF INDIA AND ANOTHER Respondents AND WP(C) 9610/2007 RAVI DEV GUPTA Petitioner versus UNION OF INDIA & OTHERS LPA132707 & WPC Nos. 8458/07 & 9610/07 Advocates who appeared in this case:For the Appellant/Petitioner/BCCI : Mr Amit Sibal with Ms Radha Rangaswamy, Mr Prateek Chadha, Mr Amrinder Singh and Mr Raman Kumar For the Appellant/ESPN & Star : Mr Sudhir Chandra Aggarwal and Dr Abhishek Manu Singhvi, Senior Advocates with Mr Saikrishna Rajagopal, Mr Gopal Jain, Mr Siddharth Chopra, Ms Sneha Jain and Ms Savni Dutt For the Respondent/Prasar Bharati : Mr Paras Kuhad, ASG with Mr Rajeeve Sharma, Mr Jitin Chaturvedi, Mr ...


Feb 04 2015

Board of Control for Cricket in India and Another Vs. Prasar Bharati B ...

Court: Delhi

Decided on: Feb-04-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA No.1327/2007 % Judgment delivered on:04. 02.2015 BOARD OF CONTROL FOR CRICKET IN INDIA & ANOTHER Appellants Versus PRASAR BHARATI BROADCASTING CORPORATION OF INDIA AND ANOTHER Respondents WITH WP(C) No.8458/2007 BOARD OF CONTROL FOR CRICKET IN INDIA AND ANOTHER Petitioners versus PRASAR BHARATI, BROADCASTING CORPORATION OF INDIA AND ANOTHER Respondents AND WP(C) 9610/2007 RAVI DEV GUPTA Petitioner versus UNION OF INDIA & OTHERS LPA132707 & WPC Nos. 8458/07 & 9610/07 Advocates who appeared in this case:For the Appellant/Petitioner/BCCI : Mr Amit Sibal with Ms Radha Rangaswamy, Mr Prateek Chadha, Mr Amrinder Singh and Mr Raman Kumar For the Appellant/ESPN & Star : Mr Sudhir Chandra Aggarwal and Dr Abhishek Manu Singhvi, Senior Advocates with Mr Saikrishna Rajagopal, Mr Gopal Jain, Mr Siddharth Chopra, Ms Sneha Jain and Ms Savni Dutt For the Respondent/Prasar Bharati : Mr Paras Kuhad, ASG with Mr Rajeeve Sharma, Mr Jitin Chaturvedi, Mr ...


Feb 04 2015

Harish Chander Vs. Delhi Development Authority

Court: Delhi

Decided on: Feb-04-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on: February 4, 2015 W.P.(C) No.636/2013 & CM No.1206/2013 HARISH CHANDER Represented by: ..... Petitioner Mr. Ujjwal Kr. Jha and Mr. B. P.Agarwal, Advocates. Versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Represented by: Mr.Arun Birbal and Mr. Sanjay Singh, Advocates. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.W.P.(C) No.636/2013 1. Vide present petition, the petitioner seeks directions thereby directing the respondent/Delhi Development Authority (DDA) to allot Flat No.D-116, First Floor, Kondli Gharoli, Delhi, or any other alternative flat announced by the respondent under Special Housing Registration Scheme for SC/ST Person, 1989 (for short Special Housing Scheme) under Ambedkar Aawas Yojna,1989, in favour of the petitioner.2. Case of the petitioner is that on 29.12.1989, he had booked a Janta Flat vide application No.9534 under Special Housing Scheme and in this regard deposited an amount of Rs.4,20...


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