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Delhi Court June 2015 Judgments

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Jun 29 2015

R.K.Industrial Corporation (Chemical Division) Vs. Vanson Medical Stor ...

Court: Delhi

Decided on: Jun-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1271/2012 Reserved on:5. h May, 2015 Decided on:29. h June, 2015 % R.K.INDUSTRIAL CORPORATION (CHEMICAL DIVISION) ..... Petitioner Through: Mr. Harpreet Singh and Mr. Rajesh Gupta, Advocates. versus VANSON MEDICAL STORES & ORS. ..... Respondents Through: Mr. Munish Tyagi, Advocate. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. M/s R.K. Industrial Corporation the petitioner herein is a partnership firm with Raj Kamal Gandhi, Achraj Lal Gandhi, Ravi Kiran Rai Gandhi and Sanjay Gandhi as its partners. Respondent No.1 M/s Vanson Medical Stores is also a partnership firm with partners Ravi Kiran Rai Gandhi, Raj Paul Gandhi and Bimal Rai Gandhi.2. M/s R.K. Industrial Corporation through its partner Raj Kamal Gandhi filed a civil suit for recovery of Rs.4,99,999/- as principal along with interest and costs against the respondent i.e. M/s Vanson Medical Stores of which Ravi Kiran Rai Gandhi, Raj Paul Gandhi and Bimal Rai Gandhi were ...


Jun 29 2015

Vinod Kumar Goyal (Huf) Vs. Ganga Saran and Ors.

Court: Delhi

Decided on: Jun-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 343/2013 and CM No.4948/2013 Reserved on:25. h May, 2015 Decided on:29. h June, 2015 % VINOD KUMAR GOYAL (HUF) ..... Petitioner Through: Mr. Ankit Jain and Mr. Sarvesh Rai, Advocate. versus GANGA SARAN & ORS. Through: ..... Respondents Mr. O.P. Aggarwal, Advocate for Respondent No.1. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 Vinod Kumar Goyal filed an application under Section 19 (1) (a) of the Slum Areas (Improvement and Clearance) Act, 1956 (in short the Act) seeking permission of the authority to initiate eviction proceedings against the Respondents, that is, the three tenants Ganga Saran, Shiv Saran, Vijay Saran all sons of Khewat Ram in respect of the tenanted premises consisting of one room/shop measuring 20 ft. x 20 ft. with a triangular attached store and one store in the open verandah on the first floor and three stores in the staircase of the property bearing municipal No.VI/5635 to 5640, Nai Sarak, Delhi.2. Vinod Kumar Goyal cl...


Jun 29 2015

Ajith Pillai Vs. State (Govt of Nct of Delhi) and Anr

Court: Delhi

Decided on: Jun-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:29. h June, 2015 % + CRL.M.C. No.840/2008 AIR MARSHAL HARISH MASAND ..... Petitioner Through Mr.Arvind K. Nigam, Sr. Adv. along with Mr.Samrat Nigam and Mr.Manish Sangwan, Advs. versus + STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through Mr.M.N.Dudeja, APP for the State Mr.A.J.Bhambani, Sr. Adv. with Mr.Siddharth Yadav and Mr.Arvind Kumar, Advs. for R-2 to 6. CRL.M.C. No.1584/2008 AJITH PILLAI Through ..... Petitioner Mr.A.J.Bhambani, Sr. Adv. with Mr.Siddharth Yadav and Mr.Arvind Kumar, Advs. versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through Mr.M.N.Dudeja, APP for the State Mr.Arvind K. Nigam, Sr. Adv. along with Mr.Samrat Nigam and Mr.Manish Sangwan, Advs. for R-2. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner has filed the present petition under Section 482 of the Cr.P.C. read with Article 227 of the Constitution of India for setting aside the impugned portion ...


Jun 29 2015

the Oriental Insurance Co. Ltd. Vs. Jitender and Ors.

Court: Delhi

Decided on: Jun-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:29. h June, 2015 + MAC. APP. 811/2006 THE ORIENTAL INSURANCE CO. LTD. Through: ..... Appellant Mr. Pankaj Seth, Advocate versus JITENDER AND ORS. Through: ..... Respondents Nemo. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.CM APPL.13045/2006 (delay) 1. For the reasons as stated in the application, delay of 85 days in filing the appeal is condoned.2. Application stands disposed of. CM APPL.13044/2006 (stay) 1. By an order dated 18.07.2007, the execution of the impugned award had been stayed, if the award had not been satisfied.2. As per the report made by the Registry, the amount was deposited with the Claims Tribunal and was duly paid to the Claimants.3. The application is, therefore, dismissed as having become infructuous. MAC. APP. 811/2006 1. The appeal is directed against the judgment dated 25.03.2006 whereby compensation of `4,60,000/- was awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) ...


Jun 29 2015

Shanti Devi Vs. Kailash Kumar Verma

Court: Delhi

Decided on: Jun-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 34/2015 & CM7012015 Reserved on:19. h May, 2015 Decided on:29. h June, 2015 % SHANTI DEVI Through: versus ... Petitioner Ms. Sonam Anand, Adv. KAILASH KUMAR VERMA ..... Respondent Through: Mr. M.L. Sharma, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Aggrieved by the order dated 11th November, 2014 dismissing an application of the petitioner Shanti Devi under Section 11 CPC, the petitioner prefers the present petition.2. A brief exposition of the facts is that Kailash Kumar Verma, the respondent herein filed a suit bearing No.1097/2006 against petitioner Shanti Devi seeking decree of permanent injunction restraining her from raising any construction in the property No.RZ-A-19, Sita Puri, Gali No.2, New Academy, Part-I, New Delhi admeasuring 100 sq.yds. (in short the suit property). In the said suit, Kailash Kumar claimed that he was the sole owner of the entire suit property on the basis of documents like agreement to s...


Jun 29 2015

Aarti Aggarwal and Anr Vs. Munish Kapila and Ors

Court: Delhi

Decided on: Jun-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:29. h June, 2015 + TR.P.(C.) 11/2012 AARTI AGGARWAL & ANR Through: ..... Petitioners Mr. Prabhjit Jauhar, Adv. with Ms. Anupama Kaul, Adv. versus MUNISH KAPILA & ORS Through: ..... Respondents Mr. Suryakant Singh, Adv. CORAM: HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT G. P. MITTAL, J.1. There are two suits pending between the parties. The first suit is Civil Suit No.466/2008, titled Mohinder Kumar Kapila & Ors. v. Vinod Kumar Aggarwal, which is pending in the Court of Civil Judge, Tis Hazari Court, Delhi filed by Late Mohinder Kumar Kapila and Munish Kapila (Respondent no.1 herein) wherein initially Vinod Kumar Aggarwal (Respondent no.4) was impleaded as the sole Defendant.2. Said Vinod Kumar Aggarwal filed a written statement stating that the property, subject matter of the suit, i.e. Flat No.1050, Category III, Ground Floor, Pocket I, Sector-D, Vasant Kunj, New Delhi was purchased by Smt. Aarti Aggarwal and her husband Sanjay Agga...


Jun 29 2015

National Highways Authority of India Vs. Hindustan Construction Co Ltd

Court: Delhi

Decided on: Jun-29-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 274 of 2015 Reserved on: May 27, 2015 Decided on: June 29, 2015 NATIONAL HIGHWAYS AUTHORITY OF INDIA .... Petitioner Through: Mr. Jos Chiramel and Ms. Iti Johri, Advocates versus HINDUSTAN CONSTRUCTION CO LTD ..... Respondent Through: Ms. Malavika Lal, Advocate CORAM: JUSTICE S. MURALIDHAR % JUDGMENT2906.2015 1. The challenge in this petition under Section 34 of the Arbitration & Conciliation Act, 1996 by the National Highways Authority of India (NHAI) is to an Award dated 30th December, 2014 passed by the Arbitral Tribunal (AT) by a majority of 2:1 in Dispute Nos. 6, 7, 8 and 9 between the parties.2. The NHAI entered into Contract Agreement (CA) dated 26th February, 2005 with the Respondent Hindustan Construction Company Limited (HCC) for construction of the Chennai Bypass Phase II (Connecting NH-4 and NH-5) and widening of the Chennai Bypass I (connecting NH-45 and NH-4), for a contract price of Rs. 404,97,93,145.00. The works und...


Jun 29 2015

Adesh Kumar Vs. Roop Lal and Ors.

Court: Delhi

Decided on: Jun-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:29. h June, 2015 + MAC. APP. 383/2007 ADESH KUMAR ..... Appellant Through: Mr.Arun Srivastava, Advocate versus ROOP LAL & ORS. ..... Respondents Through: Nemo. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The appeal is directed against the judgment dated 03.04.2007 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of `19,600/- was awarded in favour of Respondents no.1 to 4 (legal representatives of Claimant Roop Lal) for Roop Lals (since deceased) having suffered injuries in a motor vehicular accident which occurred on 19.02.1995.2. The compensation awarded under various heads is extracted hereunder in a tabulated form:- Sl. Compensation under various heads No.Awarded by the Claims Tribunal 1. Loss to Estate for the Expenses Incurred on Medial Treatment 600/- 2. Loss to Estate due to Loss of Income 12,000/- 3. Loss to Estate due to Expenses incurred on Conveyance & 7,000/-...


Jun 29 2015

Canara Bank and Anr. Vs. Jagdish Mitter Maini

Court: Delhi

Decided on: Jun-29-2015

$~R-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : June 29, 2015 + LPA1742000 CANARA BANK & ANR. Represented by: ..... Appellants Mr.Naveen R.Nath, Advocate versus JAGDISH MITTER MAINI Represented by: ..... Respondent None CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.(Oral) 1. Working as a Manager with Lakshmi Commercial Bank (a private banking company) the respondent was placed under suspension on February 27, 1984 and was served with a charge memorandum on March 26, 1984. Before the inquiry could proceed Lakshmi Commercial Bank was amalgamated with Canara Bank in terms of a gazette notification dated August 23, 1985. The scheme of merger did not include in the list of employees of Lakshmi Commercial Bank (to be the employees of Canara Bank) who were under suspension and thus an issue arose as to what would happen to such employees.2. In the decision reported as AIR1987SC686K.I.Shepard & Ors. Vs. UOI the Supreme Co...


Jun 29 2015

New India Assurance Company Limited Vs. Harsh Mishra and Ors.

Court: Delhi

Decided on: Jun-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:29. h June, 2015 + MAC. APP. 592/2011 NEW INDIA ASSURANCE COMPANY LIMITED ..... Appellant Through: Mr. K.L. Nandwani, Advocate versus HARSH MISHRA AND ORS. Through: ..... Respondents Mr. I.C. Mishra, Advocate for Respondents no.1 to 3. Mr. Arvind Kumar Patel, Advocate for Respondents no.4 and 5. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The appeal is directed against the judgment dated 26.03.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of `6,80,600/- was awarded in favour of Respondents no.1 to 3 for the death of Mukesh Mishra, who suffered fatal injuries in a motor vehicular accident which occurred on 19.06.2006.2. On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of the vehicle bearing registration No.HR-38-D-3516 driven by Respondent Rattan Singh. The Claims Tribunal accepted the sal...


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