Delhi Court April 2015 Judgments
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Food Corporation of India Vs. M/S. Kapil Kumar and Co. and Partners
Court: Delhi
Decided on: Apr-23-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: April 23, 2015 + OMP6322011 FOOD CORPORATION OF INDIA ..... Petitioner Through: Mr. Mohan Lal Sharma, Advocate versus M/S. KAPIL KUMAR & CO. & PARTNERS ..... Respondents Through: Mr. David George & Mr. Saiddharth Dutta, Advocates CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.(Oral) 1. The challenge in this petition is to the Award dated April 25, 2011 of the learned Arbitrator in the arbitration proceedings held before the Indian Council of Arbitration (ICA). The learned Arbitrator has rejected the claims of the petitioner both on the ground that the disputes have been settled in terms of settlement deed dated March 06, 2006 and even on merit the claims of the petitioner are not sustainable.2. Some of the facts relevant for the purpose of this case are an agreement dated October, 6, 1994 was executed by the Senior Regional Manager acting through District Manager, FCI Faridkot on behalf of the petitioner Corporati...
R.S. Jindal Vs. Delhi Development Authority
Court: Delhi
Decided on: Apr-23-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: April 23, 2015 + % W.P.(C) No.3322/2014 R.S. JINDAL Through: ..... Petitioner Mr. Ashwin Vaish & Mr. Vinod Pandey, Advs. versus DELHI DEVELOPMENT AUTHORITY .....Respondents Through: Ms. Sriparna Chaterjee, Adv. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT I. S. MEHTA, J.1. The petitioner preferred the present writ-petition under Articles 226 and 227 of the Constitution of India against the order dated 11.09.2013 passed by Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.318/2013.2. The brief facts stated are that the petitioner was employed with the Municipal Corporation of Delhi (MCD) as an Assistant Engineer on 06.01.1961. Subsequently, he was promoted to the post of Executive Engineer on 22.09.1967 and further promoted as Superintending Engineer on 05.09.1974. He was transferred from MCD to the respondent department i.e. Delhi Development Authority (DDA) on dep...
Ved Parkash Jain Vs. State, Govt. of Nct of Delhi and Ors.
Court: Delhi
Decided on: Apr-23-2015
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:20. h March, 2015 Judgment Pronounced on:23. d April, 2015 CRL.REV.P. 139/2006 VED PARKASH JAIN Through: ..... Petitioner Mr.Satender Sharma, Advocate versus STATE, GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Feroz Khan Gazi, APP with ASI Jai Prakash, PS:Samai Pur Badli Mr. J.P. Sengh, Senior Advocate with Mr. Mayank Yadav, Advocates for Respondents 3 to 5 CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.1. Aggrieved by the order dated 26.11.2005 passed by the learned Metropolitan Magistrate accepting the closure report filed by the police and releasing respondent Nos.3 to 5 for the offence under Sections 448/380/34 IPC, the present revision petition has been filed by the petitioner.2. Factual matrix, as emerges from the record, is that the petitioner was a tenant under Respondent No.3. The Petitioner is stated to have opened copper wire factory under the name Vishvesh Wire and installed heavy machinery, which ...
C.D.M.O., Integrated Health Society (North West) Vs. Vikas and Ors.
Court: Delhi
Decided on: Apr-23-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3761/2015 & C.M.No.6711/2015 Judgment reserved on:20. 04.2015 Judgment pronounced on:23. 04.2015 C.D.M.O., INTEGRATED HEALTH SOCIETY (NORTH WEST) ..... Petitioner Through: Mr.D.P. Kaushik, Advocate. versus VIKAS AND ORS. Through: ..... Respondents None. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India whereby he has challenged the order dated 04.09.2014 of the Authority under the Minimum Wages Act, 1948 (hereinafter referred to as the Act) under Section 20 (2) of the Act whereby the petitioner was directed to deposit the arrears of wages in the court by way of pay order in favour of each claimant proportionally and individually and the total sum ordered to be paid was Rs.14,29,200/-.2. The scope of jurisdiction of the court under Article 226 of the Constitution of India has been considered by the Supreme Court in its pronouncemen...
M/S. Dewan Chand Vs. Union of India and Anr.
Court: Delhi
Decided on: Apr-23-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: April 23, 2015 + EX.P. 287/2012 M/S. DEWAN CHAND Through: .....Petitioner/ Decree holder Mr.T.P.S.Kang, Advocate versus UNION OF INDIA & ANR. Through: ..... Respondents/Judgment debtors Mr.R.V.Sinha, Advocate with Mr.A.S.Singh, Advocate CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.(Oral) 1. This Ex. Petition has been filed by the decree holder seeking execution of order and judgment dated July 20, 2012 passed in OMP1832003.2. The brief facts are, inter se disputes between the parties were adjudicated by the sole Arbitrator in terms of award dated December 31, 2002 whereby the learned Arbitrator has awarded an amount of Rs.32,17,871.50/- with future interest at 18% per annum on the awarded amount. The objections to the said award u/s 34 of the Arbitration & Conciliation Act were rejected by the Single Judge of this Court vide its order dated July 20, 2012 in OMP1832003. The learned Single Judge while disposing of...
Institute of Genomics and Integrative Biology Vs. Tata Power Delhi Dis ...
Court: Delhi
Decided on: Apr-23-2015
* + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 944/2014 & IA No.6058/2014 Decided on:23. 04.2015 IN THE MATTER OF: INSTITUTE OF GENOMICS AND INTEGRATIVE BIOLOGY ..... Plaintiff Through : Mr. Tanuj Khurana, Advocate versus TATA POWER DELHI DISTRIBUTION LTD Through : None. ..... Defendant CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The present suit has been instituted by the plaintiff against the defendant praying inter alia for recovery of a sum of Rs.38,98,721.32 paise, an amount stated to have been deposited towards the electricity bill for the month of March, 1994.2. After perusing the averments made in the plaint, the learned Joint Registrar had observed on 29.05.2014 that the suit is barred by limitation and had directed that the case be placed before the Court for appropriate orders.3. On the last date of hearing, counsel for the plaintiff had sought time to file written submissions along with the case law on the aspect of limitation. Despite repeated opportuni...
Arjun Vs. State Nct of Delhi and Anr.
Court: Delhi
Decided on: Apr-23-2015
$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: April 23, 2015 + CRL.M.C. 947/2014 ARJUN ..... Petitioner Through: In person versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Praveen Bhati, Additional Public Prosecutor for respondentState with ASI Lachhi Ram Mr. Jaspal Singh, Standing Counsel for TPDDL CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.70/2012, under Section 379 of IPC and Section 135 of The Indian Electricity Act, 2003 registered at police station Inderpuri, Delhi is sought in this petition on the basis of Mediated Settlement of 7th June, 2013 (Annexure P-3). Mr.Jaspal Singh, learned Standing Counsel for respondent No.2TPDDL, submits that the subject matter of this FIR stands amicably resolved in terms of aforesaid Mediated Settlement whose terms have been fully acted upon and now, nothing is due against petitioner and so, the proceedings arising out of the FIR in question be brought to an end. In Gian Singh Vs Sta...
Delhi Transport Corporation Vs. Kartari Devi and Ors.
Court: Delhi
Decided on: Apr-23-2015
$-10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. d April, 2015 + MAC.APP. 342/2011 DELHI TRANSPORT CORPORATION Through: ..... Appellant Mr. J.N. Aggarwal, Adv. versus KARTARI DEVI & ORS. Through: ..... Respondents Mr. O.P. Mannie, Adv. for R-1 to R-4. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The appellant impugns the judgment dated 31.11.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of `6,73,123/- was awarded in favour of Respondents no.1 to 5 for the death of Shri Ram Mehar Singh, who suffered fatal injuries in a motor vehicular accident which occurred on the night intervening 17-18.08.1994.2. On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of Delhi Transport Corporation (DTC) bus driver. The Claims Tribunal accepted the income of the deceased to be `3636/- per month, made addition of 30% towards future prospects and a...
National Insurance Company Ltd Vs. Onkar Singh and Ors.
Court: Delhi
Decided on: Apr-23-2015
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d April, 2015 + MAC.APP. 122/2015 NATIONAL INSURANCE COMPANY LTD Through: ..... Appellant Mr. Manoj Ranjan Sinha, Adv. versus ONKAR SINGH & ORS. Through: ..... Respondents Mr. Raunak Satpathy, Adv. for R-1 & R-2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. The appeal is for reduction of compensation of `32,23,220/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents no.1 and 2 for the death of Jag Pratap Singh, who suffered fatal injuries in a motor vehicular accident which occurred on 23.05.2013.2. Challenge is laid on two grounds. First, the deceased was not a permanent employee and hence, addition of 50% towards future prospects was not permissible. Second, the deceased was a bachelor and the appropriate multiplier in such cases would be as per the age of the mother of the deceased, who was 55 years. The multiplier, therefore, ought to have been 11 instead...
Reliance Gen Ins Co Ltd Vs. Nageshwar Mishra and Ors.
Court: Delhi
Decided on: Apr-23-2015
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d April, 2015 + MAC.APP. 698/2012 RELIANCE GEN INS CO LTD Through: ..... Appellant Mr. Shoumik Mazumdar, Adv. versus NAGESHWAR MISHRA & ORS. Through: ..... Respondents Mr. Satish Kumar Adv. for R-1 & R-2 along with R-1 & R-2 in person. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. The appeal is for reduction of compensation of `6,13,652/- awarded in favour of Respondents no.1 and 2 for the death of their bachelor son Sanjay Mishra, who suffered fatal injuries in a motor vehicular accident which occurred on 14.11.2008.2. During inquiry before the Claims Tribunal it was claimed that the deceased was doing private service and was getting a salary of `7,000/- per month. It was also claimed that the accident was caused on account of rash and negligent driving of the car bearing registration no.HR-51-V-0258.3. On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of ...
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