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Delhi Court December 2016 Judgments

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Dec 06 2016

Uoi & Ors. Vs.muneshwar Mahto

Court: Delhi

Decided on: Dec-06-2016

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + FAO3872008 UOI & ORS. Date of Decision:06. h December, 2016 Through: Ms. Geetanjali Mohan, ..... Appellants Advocate versus MUNESHWAR MAHTO ..... Respondent Through: Mr. Dinesh Kumar, Advocate CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellants have challenged the order dated 02nd May, 2008, whereby the learned Railway Claims Tribunal has awarded compensation of Rs.4 lakh to the respondent.2. On 05th August, 2003, the deceased, late Jitendra Mahto purchased a ticket for travelling from New Delhi to Barauni Junction. During the course of his travel, the deceased changed his train on 06th August, 2003 at Hajipur Railway Junction and boarded train No.514DN. The deceased fell from the overcrowded train at Mahnar Railway Station. The deceased was survived by his father who filed application for compensation before the Railway Claims Tribunal, Delhi. FAO3872008 Page 1 of 3 3. The Railway Claims Tribunal held that the dece...


Dec 06 2016

United Bank of India vs.kamlesh Pratap Singh

Court: Delhi

Decided on: Dec-06-2016

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LETTERS PATENT APPEAL No.403/2015 % Reserved on :27. h September, 2016 Pronounced on :6. h December, 2016 UNITED BANK OF INDIA Through : Mr. Rajesh Kumar & Mr. Gaurav Versus Kumar Singh, Advocates Appellant KAMLESH PRATAP SINGH Respondent Through : Mr. Harish Sharma & Mr. Bharat Bhushan, Advocates WRIT PETITION (CIVIL) No.3817/2016 Petitioner Malhotra, Advocates DEEPAK SAPRA Through : Mr. K.G. Mishra & Mr. A.V. Versus PUNJAB NATIONAL BANK CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA Kumar Singh, Advocates Respondent Through: Mr. Rajesh Kumar & Mr. Gaurav SANJIV KHANNA, J.The afore-stated Letters Patent Appeal and writ petition raise similar issues and are, therefore, being disposed of by this common judgment for clarity and convenience. At the same time, as facts in each case are LPA4032015 + WP(C) 3817/2016 Page 1 of 43 required to be noticed and there are dissimilarities, we have preferred to separately deal with...


Dec 06 2016

Up State Roadways Transport Corporation vs.mangi Lal Gupta & Ors.

Court: Delhi

Decided on: Dec-06-2016

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: December 06, 2016 (i) + MAC.APP. 393/2009 VIJAY KUMAR RASTOGI ..... Appellant Through: Ms.Rekha Rustagi, Advocate Versus UP STATE ROADWAYS TRANSPORT CORPORATION ..... Respondent Through: Ms. Garima Prashad & Mr.Shadab Khan, Advocates (ii) + MAC.APP. 509/2009 UP STATE ROADWAYS TRANSPORT CORPORATION Through: ..... Appellant Ms. Garima Prashad & Mr.Shadab Khan, Advocates Versus (iii) + MAC.APP. 725/2011 MANGI LAL GUPTA Versus VIJAY KUMAR RASTOGI & ORS. Through: Ms.Rekha Rustagi, Advocate ........ RESPONDENTS ..... Appellant Through: Ms.Rekha Rustagi, Advocate UP STATE ROADWAYS TRANSPORT CORPORATION MAC.APP.393/2009 MAC.APP.509/2009 MAC.APP.725/2011 MAC.APP.507/2009 ..... Respondent Page 1 of 9 Through: Ms. Garima Prashad & Mr.Shadab Khan, Advocates (iv) + MAC.APP. 507/2009 UP STATE ROADWAYS TRANSPORT CORPORATION Through: ..... Appellant Ms. Garima Prashad & Mr.Shadab Khan, Advocates Versus MANGI LAL GUPTA & ORS. Through: Ms.Rekha...


Dec 06 2016

Iffco Tokio General Insurance Co. Ltd. Vs.raj Kumar & Ors

Court: Delhi

Decided on: Dec-06-2016

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:06. h December, 2016 + MAC.APP. 755/2012 and C.M.Appl.33847/2016 IFFCO TOKIO GENERAL INSURANCE CO. LTD..... Appellant Through: Mr. Shoumik Mazumdar, Advocate RAJ KUMAR & ORS versus ........ RESPONDENTS Through: Ms. Sunita Saxena and Mr. Santosh Chaurasia, Advocates for respondent No.1 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.2,05,285/- has been awarded to respondent No.1.2. The accident dated 09th December, 2007 resulted in fracture of right thigh and knee [fracture of right acetablulum, fracture on both bones right leg distal (end) and also the fracture of acetabulum with pilon]. of respondent No.1. Respondent No.1 suffered 19% disability in relation to his right lower limb due to the accident. The Claims Tribunal awarded Rs.10,880/- towards medical expenditure, Rs.25,000/- towards pain and sufferings, Rs.10,000/- to...


Dec 06 2016

Samrat Ashok Private Iti vs.directorate General of Training (Dgt)

Court: Delhi

Decided on: Dec-06-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: November 28, 2016 Judgment delivered on: December 06, 2016 + W.P.(C) 9444/2016, CM No.37801/2016 SAMRAT ASHOK PRIVATE ITI Through: Mr. Sanjay Sharawat, Adv. ........ Petitioner versus DIRECTORATE GENERAL OF TRAINING (DGT) ..... Respondent Through: Mr. C.M. Goyal, Adv. with Mr. Bhagat Singh (TO) DGT. + W.P.(C) 9711/2016, CM No.38843/2016 KALAM PRIVATE ITI & ORS Through: Mr. Sanjay Sharawat, Adv. ........ Petitioners versus DIRECTORATE GENERAL OF TRAINING (DGT) ..... Respondent Through: Mr. C.M. Goyal, Adv. with Mr. Bhagat Singh (TO) DGT. CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 As both these petitions involve a common issue, the same are being decided by this common order. W.P.(C) 9444/2016 and connected matter Page 1 of 28 Facts:-"Writ Petition (Civil) 9444/2016 2. The present petition has been filed seeking the following reliefs:-"1. Pass an appropriate order, writ or direction and extend the l...


Dec 06 2016

Reliance General Insurance Co. Ltd. Vs.suman and Ors.

Court: Delhi

Decided on: Dec-06-2016

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:06. h December, 2016 + MAC.APP. 824/2012 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. A.K. Soni and Mr. Pawan Kumar, Advocates Versus SUMAN AND ORS. ........ RESPONDENTS Through: Mr. Peeush Sharma, Mr. Shaurya Tomar and Mr. Kartikey Nayyar, Advocates for respondent No.2 & 3 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.16,63,726/- has been awarded to respondents No.1 and 3.2. The accident dated 25th June, 2009 resulted in the death of Surender Kumar. The deceased was aged 45 years at the time of the accident and was survived by his widow and two sons who filed the claim petition before the Claims Tribunal. The deceased was a practicing ayurvedic doctor. The Claims Tribunal took the income of the deceased as Rs.1,12,395/- per annum as per the Income Tax Return for the assessment year 2008-09, added 30% t...


Dec 06 2016

Jay Polychem (India) Ltd. & Ors vs.central Bank of India

Court: Delhi

Decided on: Dec-06-2016

$~13. + 14. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2462/2016 & CM105262016 JAY POLYCHEM (INDIA) LTD. & ORS ........ Petitioners Through : Mr. Shubhendu Kaushik, Advocate versus CENTRAL BANK OF INDIA ..... Respondent Through : Mr. O.P. Gaggar, Advocate Mr. K.S. Parihar, Advocate for RBI Mr. Vineet Malhotra, Advocate 1. + W.P.(C) 3122/2016 & CM133432016 AND MOHAN LAL SHARMA & ORS Through : Mr. Ashim Vachhar, Advocate ........ Petitioners versus IDBI BANK LIMITED ..... Respondent Through : Mr. Ajay Bahl, Advocate Mr. K.S. Parihar, Advocate for RBI CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % This order is in continuation of the order dated 24.11.2016, on which ORDER0612.2016 date, counsel for the respondent/RBI had handed over a copy of the Circular dated 29.9.2016, issued by the RBI with regard to publishing of photographs of wilful defaulters and stated that an advisory has been issued WP(C) 2462/2016 and WP(C)3122/2016 Page 1 of 2 to the lending institutions not to publish phot...


Dec 06 2016

Sanjeev vs.state

Court: Delhi

Decided on: Dec-06-2016

$~43 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL. A. 510/2015 Judgment reserved on 24th November, 2016 Judgment pronounced on 6th December, 2016 SANJEEV STATE Through: Mr. Sunil Mehta, Adv. ..... Appellant Versus Through: Ms. Neelam Sharma, APP with SI Surinder Kumar & ASI Banwari Lal, P.S. Hari Nagar ..... Respondent CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.For judgment, see Criminal Appeal No.222/2015. DECEMBER06 2016 ga A.K. PATHAK, J.Crl. A. 510/2015 Page 1 of 1...


Dec 06 2016

Harbhajan Singh vs.kuldeep Singh & Ors

Court: Delhi

Decided on: Dec-06-2016

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA9502016 & CMs 45259-61/2016 1. HARBHAJAN SINGH ..... Appellant Through : Mr. Manuj Aggarwal, Advocate versus KULDEEP SINGH & ORS Through : None. ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER0612.2016 The appellant seeks setting aside of the judgment and decree dated 7.9.2016 passed by the trial court in a suit for declaration and permanent injunction instituted by him against his siblings, respondents No.1, 2, 3 (since deceased), respondent No.4 and his father, respondent No.5 (since deceased) (defendants No.1 to 5 in the trial court).2. Before considering the submissions made by learned counsel for the appellant, it is necessary to take note of the factual narrative. The appellant/plaintiff had instituted the aforesaid suit praying inter alia for declaring the sale deed dated 22.5.2006 executed by the respondent/defendant No.5 (father of the parties) in favour of the respondent/defendant No.1 as null and void and...


Dec 06 2016

Patna Water Supply Distribution Networks Pvt. Ltd. & Anr vs.united Ban ...

Court: Delhi

Decided on: Dec-06-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * + + OMP (I) 290/2015 & IA Nos. 16141/2015, 23120/2015, 850/2016 GEO MILLER & CO. PVT. LTD. ARB. P. 499/2015 ........ Petitioner Through: Mr. S.D. Singh, Mr. Rahul K. Singh & Mr. Jitender Singh, Advocates. versus BIHAR URBAN INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED & ANR ........ RESPONDENTS Through: Ms. Shilpa Singh & Mr. Rahul Madhvani, Advocates. + PATNA WATER SUPPLY DISTRIBUTION NETWORKS PVT. LTD. & ANR OMP (I) 416/2015 ......... Petitioners Through: Mr. S.D. Singh, Mr. Rahul K. Singh & Mr. Jitender Singh, Advocates for... Petitioner No.2. versus UNITED BANK OF INDIA & ANR ........ RESPONDENTS Through: Mr. Pankul Nagpal, Advocate for R-1. Ms. Shilpa Singh & Mr. Rahul Madhvani, Advocates for R-2. CORAM: JUSTICE S. MURALIDHAR % 1. These three petitions arise out of a common set of facts and are being ORDER0612.2016 disposed of by this common order. Arb. P. No.499/2015; OMP (I) Nos.290/2015 & 416/2015 Page 1 of 16 2. Arb. P. No.499/201...


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