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Delhi Court December 2016 Judgments

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Dec 23 2016 (HC)

Prius Auto Industries Ltd & Ors vs.toyota Jidosha Kabushiki Kaisha

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: December 16, 2016 Judgment Delivered on: December 23, 2016 RFA(OS) 62/2016 PRIUS AUTO INDUSTRIES LTD & ORS ..... Appellant Represented by: Mr.Sandeep Sethi and Ms.Pratibha M.Singh, Sr.Advocates instructed by Mr.Sudeep Chatterjee, Mr.Archana Sahadeva and Mr.Kapil Midha, Advocates versus TOYOTA JIDOSHA KABUSHIKI KAISHA ..... Respondent Represented by: Mr.Pravin Anand, Advocate with Ms.Vaishali Mittal, Ms.D.Neha Reddy, Mr.Siddhant Chamola and Ms.Mrinali Menon, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA PRADEEP NANDRAJOG, J.1. As recorded in the order dated December 16, 2016, the present decision decides limited issue concerning the impugned judgment and decree dated July 08, 2016. Leaving open the issue of damages awarded against the appellants and in favour of the respondents, as was agreed when order dated December 16, 2016 was passed, the legality of the impugned decree con...

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Dec 23 2016 (HC)

United India Insurance Co Ltd vs.mahendra Singh Yadav & Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. d December, 2016 $~ * % + MAC.APP. 608/2015 & CM13551201 UNITED INDIA INSURANCE CO LTD MAHENDRA SINGH YADAV & ORS versus ..... Appellant Through: Mr. L.K. Tyagi, Advocate. ........ RESPONDENTS Through: Mr. Arun Sharma, Advocate for respondents no.1 and 2. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.43,36,002/- has been awarded to respondents no.1 and 2.2. The accident dated 13th January, 2012 resulted in the death of Kapil Yadav. The deceased was aged 23 years at the time of the accident and was pursuing B.Tech(Civil) from Maharshi Markandeshwar University, Ambala. The Claims Tribunal assumed the income of the deceased as Rs.25,000/- per month, added 50% towards future prospects, deducted 50% towards his personal expenses and applied the multiplier of 18 to compute the loss of dependency as Rs.40,50,000/-. Rs.1,00,000/- has been award...

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Dec 23 2016 (HC)

Islma @ Chhote vs.the State (Govt. Of Nct of Delhi)

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : December 23rd, 2016 BAIL APPLN. 2562/2016 ISLMA @ CHHOTE ........ Petitioner Through Mr.Rajender Yadav, Adv. versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through Mr.Ashish Dutta, APP with SI Jasmer Singh, PS Jahangir Puri. CORAM: HON'BLE MR. JUSTICE P.S.TEJI ORDER % P.S. TEJI, J.1. The present application under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P.C.), has been filed by the petitioner for seeking regular bail in a case registered as FIR No.407/2013, under Sections 3of Indian Penal Code, at Police Station Jahangirpuri.2. The allegations leveled in the instant case are that on 17.10.2013 at about 06.10 a.m., an information regarding an unidentified dead body lying in a street near Madarsa, Darul Ulam Hamidiya CD Park, Jahangir Puri was received at the police station. One Mohd. Azim @ Cheikh came at the spot and identified the dead body as of his son Amir. He i...

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Dec 23 2016 (HC)

Uttar Pradesh State Roadways Transport Corporation vs.rajat Sachdeva & ...

Court: Delhi

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. d December, 2016 + MAC.APP. 214/2008 UTTAR PRADESH STATE ROADWAYS TRANSPORT CORPORATION Through: ..... Appellant Ms. Garima Prashad and Mr. Shadab Khan, Advocate Versus RAJAT SACHDEVA & ANR. ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate Mr. Pradeep Gaur, Advocate for National Insurance Co. Ltd. + MAC.APP. 512/2008 RAJAT SACHDEVA & ORS. ..... Appellants Through: Mr. S.N. Parashar, Advocate Versus UTTAR PRADESH STATE ROADWAYS TRANSPORT CORPORATION & ORS. ........ RESPONDENTS Through: Ms. Garima Prashad and Mr. Shadab Khan, Advocate Mr. Pradeep Gaur, Advocate for National Insurance Co. Ltd. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 Both the parties have challenged the award passed by the Claims Tribunal of Rs.6,64,000/- has been awarded to Rajat Sachdeva. U.P. State Road Transport Corporation is seeking reduction of the MAC. APP. Nos.214/2008 & 512/2008 Page 1 of 4 award amount whereas claimants are seek...

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Dec 23 2016 (HC)

Ajay Kumar Mishra vs.union of India & Ors.

Court: Delhi

$ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. 12.2016 W.P.(C) 11642/2016 and CM No.45868/2016 (stay) AJAY KUMAR MISHRA ........ Petitioner Through: Mr. Vibhav Srivastava, Advocate. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Anil Dabas, Advocate for respondents 1, 5 and 6. Mr. Naresh Kaushik, Advocate for respondents 2, 3 and 4. Ms. Shriambhra Kashyap and Mr. Naresh Kaushik, Advocates for UPSC. CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA INDIRA BANERJEE, J (ORAL) JUDGMENT1 In this writ petition, the petitioner has challenged an order dated 11/11/2016, whereby the candidature of the petitioner for admission to the National Defence Academy has been cancelled on the ground of WP(C) No.11642/2016 1 furnishing incorrect information about the actual date of birth of the petitioner, in his application, and the petitioner has been informed that the petitioner had rendered himself liable for disciplinary action as pe...

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Dec 23 2016 (HC)

Smt. Paramjit Kaur & Ors vs.sh. Teja Singh & Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.144/2013 * + % SMT. PARAMJIT KAUR & ORS23d December, 2016 ..... Appellants Through: Mr. Ajay Kohli, Advocate. versus SH. TEJA SINGH & ORS ........ RESPONDENTS Through: Mr. Santosh Krishnan, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) C.M. No.46870/2016 (for exemption) 1. Exemption allowed subject to just exceptions. The application stands disposed of. Review Petition No.552/2016 in RSA No.144/2013 along with C.M. Appl. No.46868/2016 (for stay) and C.M. Appl. No.46869/2016 (for condonation of delay of 78 days in filing the review petition).2. This review petition seeks review of the judgment delivered by this Court on 1.9.2016 allowing the second appeal.3. Two aspects are urged on behalf of the review petitioners/respondents/defendants before this Court:-"R.P. No.552/2016 in RSA No.144/2013 Page 1 of 7 (i) The suit filed by the appellants/plaintiffs to challenge t...

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Dec 23 2016 (HC)

Delhi State Industrial and Infrastructure Development Corporation vs.c ...

Court: Delhi

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 580/2016 DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION ........ Petitioner Through: Mr Abhimanyu Garg, Advocate versus ..... Respondent Through CAPITAL INFRASTRUCTURE AND PROJECTS PVT. LTD. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2312.2016 VIBHU BAKHRU, J IA No.16075/2016 1.2. Exemption is allowed, subject to all just exceptions. The application stands disposed of. IA No.16077/2016 3. For the reasons stated in the application, the delay of one day in filing is condoned.4. The application is disposed of. O.M.P. (COMM) 580/2016 & IA Nos. 16074/2016 & 16076/2016 5. Delhi State Industrial and Infrastructure Development Corporation (hereafter 'DSIIDC') has filed the present petition under Section 34 of the O.M.P. (COMM) 580/2016 Page 1 of 6 Arbitration and Conciliation Act, 1996 (hereafter 'the Act') impugning an arbitral award dated 24.08.2016 (hereafter the impugned award) passed by the Sole Arbitrato...

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Dec 23 2016 (HC)

Surjit Singh @ Monu vs.sant Nirankari Mandal (Regd)

Court: Delhi

$~16 * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI RFA10312016 and C.M. No.47948 & 47949/2016. SURJIT SINGH @ MONU ..... Appellant Through: Mr. Sonal Sinha, Ms. Anju Rani, Advocates. versus SANT NIRANKARI MANDAL (REGD) Through: ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % The appellant has filed the present appeal against the order dated ORDER2312.2016 05.11.2016 passed by the learned trial court, allowing an application filed by the respondent/plaintiff under Order XII Rule 6 CPC and decreeing the suit for possession in respect of Flat No.16, situated in Plot No.100, Sant Nirankari Colony, Delhi.2. The case of the respondent/plaintiff as set up before the trial court is that it is a registered Society set up to impart and spread the message of the humanity and universal brotherhood of mankind. The appellant/defendant had offered himself as a Sewadar in the true traditions of Guru & Shisheya and to be part of spiritual movement of the respondent/plaintiff. The said request...

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Dec 23 2016 (HC)

Nanhey Lal vs.state of Delhi

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : December 23, 2016 Crl. A. No.755/2000 NANHEY LAL Through: Mr. Kunwar C.M. Khan, Ms. Aasima Chaudhary, Advocates ..... Appellant versus STATE OF DELHI Through: Mr. Ashish Datta, Additional Public Prosecutor for the State ..... Respondent CORAM: HON'BLE MR. JUSTICE P.S.TEJI JUDGMENT P.S.TEJI, J.1. Aggrieved by the judgment of conviction dated 17.11.2000 passed by the learned Additional Sessions Judge, Karkardooma, Delhi convicting the appellant for the offence punishable under Section 392 of Indian Penal Code (hereinafter referred to as I.P.C.), and order on sentence dated 18.11.2000, whereby the appellant had been sentenced to undergo rigorous imprisonment for a period of five years with a fine of Rs.2,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of two months, the present appeal has been preferred by the appellant.2. The factual matrix that emerges from the record is that...

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Dec 23 2016 (HC)

r.k. Sachdeva vs.uttar Pradesh State Roadways Transport Corporation & ...

Court: Delhi

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. d December, 2016 + MAC.APP. 182/2008 UTTAR PRADESH STATE ROADWAYS TRANSPORT CORPORATION Through: ..... Appellant Ms. Garima Prashad and Mr. Shadab Khan, Advocate Versus R.K. SACHDEVA & ORS. ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate Mr. Pradeep Gaur, Advocate for National Insurance Co. Ltd. + MAC.APP. 242/2008 R.K. SACHDEVA ..... Appellant Through: Mr. S.N. Parashar, Advocate Versus UTTAR PRADESH STATE ROADWAYS TRANSPORT CORPORATION & ORS. ........ RESPONDENTS Through: Ms. Garima Prashad and Mr. Shadab Khan, Advocate Mr. Pradeep Gaur, Advocate for National Insurance Co. Ltd. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 Both the parties have challenged the award passed by the Claims Tribunal whereby compensation of Rs.3,42,000/- has been MAC. APP. Nos.182/2008 & 242/2008 Page 1 of 5 awarded in respect of death of Suruchi Sachdeva. The claimants are seeking enhancement of the award amount whereas U.P. S...

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