Delhi Court November 2016 Judgments
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Rambir Singh vs.union of India & Ors.
Court: Delhi
Decided on: Nov-18-2016
$~ * + W.P. (C) 7624/2002 % RAMBIR SINGH IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:18. h November, 2016 ........ Petitioner Through: Mr.G.D. Bhandari, Adv. with Mr.Sanjeev Bhandari, Adv. Versus UNION OF INDIA & ORS. ....... RESPONDENTS Through: Mr.Jitendra Singh, Adv. Standing Counsel along with Madhulika Agarwal, Adv. for Railway. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL G.S.SISTANI, J.(ORAL) 1. Rule DB.2. With the consent of the parties the present writ petition is set down for final hearing and disposal.3. Present writ petition has been filed by the petitioner against the order dated 13.11.2002 passed by Central Administrative Tribunal (hereinafter referred to as the Tribunal) in OA No.2946/2002, whereby the Tribunal dismissed the OA filed by the petitioner. WP (C) 7624/2002 Page 1 of 14 FACTS AND SUBMISSION OF THE PETITOINER4 The necessary facts, which are required to be noticed for disposal of the present writ petition, are that the peti...
Vijay Pal Singh vs.bharat Bhushan Gulati
Court: Delhi
Decided on: Nov-18-2016
$~16 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 18, 2016 RSA3432016 VIJAY PAL SINGH ..... Appellant Through: Mr.Yogesh Kumar Sikri, Advocate with appellant in person. versus Through: Mr.Arvind Kumar Gupta & Mr.Abhishek Goyal, Advocates. ..... Respondent BHARAT BHUSHAN GULATI CORAM: HONBLE MS. JUSTICE PRATIBHA RANI JUDGMENT (Oral) CAV9802016 Counsel as above appears for the respondent/caveator and thus the caveat stands discharged. CM No.42781/2016 1.2. Exemption allowed, subject to all just exceptions. The application stands disposed of. RSA No.343/2016 1. The instant Regular Second Appeal under Section 100 of the Code of Civil Procedure has been filed by the appellant challenging the judgment and decree dated 09.08.2016 passed by learned First Appellate Court in RCA No.8909/2016 upholding the judgment and decree dated 17.10.2016 passed by the learned Trial Court in Civil Suit No.83039/2016. RSA3432016 Page 1 of 7 2. Civil Suit No.83039/2016 (Old No.298/20...
The New India Assurance Co. Ltd. Vs.pinki Devi & Ors.
Court: Delhi
Decided on: Nov-18-2016
$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:18. h November, 2016 + MAC.APP. 715/2016 and C.M. Appl. 32081/2016 THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. J.P.N. Shahi, Adv. Versus PINKI DEVI & ORS. ........ RESPONDENTS Through: Mr. Arun Sharma, Advocate for... RESPONDENTS No.1 to 6. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.12,87,355/- has been awarded to claimants/respondents No.1 to 5.2. The accident dated 28th May, 2009 resulted in the death of Naveen Kumar Mishra. The deceased was aged 37 years at the time of the accident and was survived by his widow, two minor children and parents who filed the claim petition before the Claims Tribunal.3. The Claims Tribunal took the minimum wages of Rs.4,382/-, added 50% towards inflation, deducted 1/4th towards personal expenses and applied the multiplier of 15 to compute the loss of dependency as Rs.8...
The Tibetan Childrens Village School vs.karma Lama & Anr
Court: Delhi
Decided on: Nov-18-2016
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :11. 11.2016 Judgment delivered on:18. 11.2016. CM(M) 579/2015 & C.M. Nos.11006/2015, 31084/2015, 31085/2015, 2550/2016 & 29897/2016 THE TIBETAN CHILDRENS VILLAGE SCHOOL ........ Petitioner Through Mr. Jagdeep Kishore, Mr. Naresh Mathur and Ms. Rekha Gupta, Advs. versus KARMA LAMA & ANR Singh ........ RESPONDENTS Through Mr. Giriraj Subramanium, Mr. Simarpal and Mr.Sidhant Krishan Singh, Advs for R-1 & R-2. Mr. Tenzing Tsering and Mr. Tenzin Namgyal, Advs for R-3. Mr. Kapil Kumar Nim, Adv for R-4. Sawhney CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 The petitioner before this Court is Tibetan Childrens Village School (TCV). It is functional from upper Dharamshala, Himachal Pradesh. This petition has been filed through its General Secretary. 2 This petition concerns the adoption rights of a minor child namely Master Tenzin Tsering (in short Tenzin). The averments in the writ petition disclose that a l...
Ramesh Chand vs.subhash Chand & Ors
Court: Delhi
Decided on: Nov-18-2016
$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. h November, 2016 % + MAC.APP. 58/2008 RAMESH CHAND versus ..... Appellant Through: Mr. Pankaj Kumar, Advocate SUBHASH CHAND & ORS ........ RESPONDENTS Through: Mr. J.P.N. Shahi, Mr.Pankaj Seth, Advocates for respondent no.3.1. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The appellant has challenged the award of the Claims Tribunal whereby the compensation of Rs.2,29,830/- has been awarded to the appellant. The appellant is seeking enhancement of the award amount.2. The accident dated 13th October, 2004 resulted in multiple laceration on the chin, loss of maxilla, ectropian eyelid, laceration upper/lower lip, stiff shoulder and neck, chest wall disfigured, tightness of auxiliary fold, limited abduction, facial asymmetry, grade II rhinolalia, cold intolerance over forehead, (left side) face crushed, bone exposed, avulsion of tissue, inability to eat, recurrent ulceration (left) foot, reduced vision, dry eye, ec...
Union of India vs.sumitra Devi & Ors
Court: Delhi
Decided on: Nov-18-2016
$~30 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. h November, 2016 + MAC.APP. 255/2009 UNION OF INDIA Through: Dr. Ashwani Bhardwaj, Adv. ..... Appellant versus SUMITRA DEVI & ORS Through: None ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.4,53,530/- has been awarded to respondents no.1 to 6.2. Learned counsel for the appellant urged at the time of the hearing of the appeal that the deceased himself was negligent and therefore, the respondents are not entitled to any compensation. It is further submitted that the appellant conducted a Court of inquiry in which the driver of the offending vehicle was exonerated and deceased was held to be negligent. It is further submitted that the compensation awarded to respondents no.1 to 6 is on a higher side. The accident dated 28th June, 2007 resulted in death of Prem 3. Singh Aswal. The deceased was aged 55 ...
Radhey Shyam Sharma & Anr. Vs.satish & Ors.
Court: Delhi
Decided on: Nov-18-2016
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 18, 2016 + MAC.APP. 514/2008 & C.M.18835/2009 RADHEY SHYAM SHARMA & ANR. .....Appellants Through: Mr. J.S. Kanwar, Advocate versus SATISH & ORS. .....Respondents Through: Ms. Neerja Sachdeva, Advocate for respondent No.3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT Impugned Award of 30th September, 2005 grants compensation of `1,47,000/- with interest @ 6% per annum to respondents-claimants, who are the parents of the unfortunate girl aged 18 years, who had died in a road accident on 9th December, 2004. In this appeal, enhancement of compensation is sought. Learned counsel for appellants submits that the multiplier adopted by learned Tribunal is on the lower side and relies upon a decision of a co-ordinate Bench of this Court in Chetan Malhotra v. Lala Ram, II (2016) ACC896(Del.) to submit that in a similar case of death of a teenager, multiplier of 18 was applied and so, in the instant case also while ...
Chetan Sharma vs.state & Another
Court: Delhi
Decided on: Nov-17-2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM No.6173/2015 in WRIT PETITION (CIVIL) No.5026/2010 % Reserved on:23. d September, 2016 Date of Decision:17th November, 2016 CHETAN SHARMA ....Petitioner Through Mr. Anil K. Aggarwal, Md. Imteyaj & Ms. Neha Malik, Advocates. Versus STATE & ANOTHER .Respondents Through Mr. R.S. Kundu, ASC & Mr. Ankit Kumar Gulai, Advocate for the State. Ms. Sonia Mathur, Standing Counsel for CBI, Mr. Sushil Kumar Dubey & Mr. Abhishek, Advocates alongwith Investigating Officer Sanjay Upadhaya, CBI. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA SANJIV KHANNA, J.This order would dispose of the aforestated application filed by Chetan Sharma @ Chetan Prakash in this writ petition, which was disposed of on 28th July, 2010 by the following order:-" By this writ petition, the petitioner has prayed for the following reliefs- a. Take up the matter as a public interest litigation and see that it reaches its logical conclusion under the cogniz...
Shankar & Ors vs.state & Anr
Court: Delhi
Decided on: Nov-17-2016
* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 813/2016 SHANKAR & ORS STATE & ANR ........ RESPONDENTS Date of Decision: November 17th, 2016 ........ Petitioner Through: Ms.Usha Saxena, Advocate. versus Through: Ms.Meenakshi Chauhan, APP. SI Rajesh Kumar, PS: Khyala. CORAM: HON'BLE MR. JUSTICE P.S.TEJI Learned Additional Public Prosecutor P.S.TEJI, J.1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Shankar, Sh. Prehlad, Smt. Swaroopi, Ms. Jamuna, Ms. Seeta, Ms. Sheela and Ms. Dropdi for quashing of FIR No.268/2013 dated 15.07.2013, under Sections 498-A/406 IPC registered at Police Station Khyala on the basis of the settlement arrived at between the petitioners and respondent no.2, namely, Smt. Kanta. respondent-State 2. submitted that the respondent No.2, present in the Court has been identified to be the complainant/first-informant of the FIR in question by SI Rajesh Kumar.3. The factual matrix, in brief, of the present case is tha...
M/S. Breweries Filters System Pvt Ltd vs.subhash Chand & Anr.
Court: Delhi
Decided on: Nov-17-2016
$~34 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. h November, 2016 W.P.(C) 3298/2014 & CM No.6817/2014, 17828/2015 & 9767/2016 M/S. BREWERIES FILTERS SYSTEM PVT LTD ........ Petitioner Through: Mr. Sanjeev Agarwal and Mr. Ekansh Agarwal, Advs. versus SUBHASH CHAND & ANR. ........ RESPONDENTS Through: Mr. Arun K. Yadav, Adv. for respondent No.1 with respondent No.1 in person. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The petitioner has challenged the award of the Labour Court whereby the respondent has been granted reinstatement with back wages.2. Subhash Chand, who was working with the petitioner since 2005, was terminated on 21st January, 2006. According to the respondent, he was forced to sign papers and vouchers at the time of the termination. The workman sought reinstatement with back wages before the Labour Court. The petitioner contested the workmans claim on the ground 3. that the petitioner left the job on 14th January, 2006 and was paid the...
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