Delhi Court December 2016 Judgments
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Icici Insurance Company Ltd vs.manojwati and Ors
Court: Delhi
Decided on: Dec-05-2016
$~13, 15 & 21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 05, 2016 + MAC.APP. 1287/2012 & C.M.No.21001/2012 (i) (ii) + MAC.APP. 341/2013 (iii) + MAC.APP. 60/2014 ICICI INSURANCE COMPANY LTD ..... Appellant Through: Ms. Suman Bagga and Mr. Pankaj Gupta, Advocates versus (i) MAHENDER SINGH AND ORS (ii) MAHENDER SINGH AND ORS (iii) MANOJWATI AND ORS Through: Nemo .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT In the above-captioned three appeals, the challenge is to the common impugned Award of 8th May, 2012 vide which compensation has been granted to respondents-claimants while saddling appellant with the liability to pay the awarded compensation. In these appeals, recovery rights are sought qua driver and owner of the offending vehicle in question. The facts are not in dispute and so, needs no recapitulation. Suffice to note that in the unfortunate road accident on 10th June, 2007, respondents-claimants/couple had sustained MAC.APP. Nos...
Gauri Nath Mehrotra and Anr. Vs.manish Mehra
Court: Delhi
Decided on: Dec-05-2016
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:05. 12.2016 RC.REV. 575/2016 + GAURI NATH MEHROTRA AND ANR. ....Petitioners. Through: Mr.Sunil Dutt Dixit, Advocate. Versus MANISH MEHRA Through: Mr.Jos Chiramel, Advocate. ....Respondent CORAM: HONBLE MR. JUSTICE JAYANT NATH JAYANT NATH J (ORAL) 1. The present revision petition is filed under Section 25-B(8) of the Delhi Rent Control Act (hereinafter referred to as the 'DRC Act') seeking to impugn the order of the Additional Rent Controller (in short the 'ARC') by which the application for leave to defend filed by the petitioner was dismissed and an eviction order under Section 14(1)(e) of the DRC Act was passed.2. The petitioner is the tenant of two rooms, two store rooms, one verandah and open terrace on the second floor of the property bearing No.4596/VI, First and Second Floor, Charkhewalan, Chawri Bazar, Delhi- 110 006.3. The respondent (the landlord) filed the present eviction petition under Section 14(1)(e) of the ...
Virgoz Oils & Fats Pte Ltd. Vs.national Agricultural Co- Operative Mar ...
Court: Delhi
Decided on: Dec-05-2016
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:05. 12.2016 EX.P. 149/2015 & EA(OS) No.66/2016 % + VIRGOZ OILS & FATS PTE LTD. ..... Decree Holder Versus NATIONAL AGRICULTURAL CO- OPERATIVE MARKETING FEDERATION OF INDIA LTD. ..... Judgement Debtor Advocates who appeared in this case: For the Decree Holder : Mr Mahfooz Nazki, Mr Kumar Visalaksh and Mr Rohan Dhiman. For the Judgment Debtor : Mr A.K. Thakur and Mr R.K. Mishra. CORAM HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 Virgoz Oils & Fats Pte Ltd. (hereafter 'Virgoz') - a company incorporated under the laws of Singapore - has filed the present petition to enforce a foreign award dated 05.04.2012 (hereafter 'the award') published by an Arbitral Tribunal constituted under the Palm Oil Refiners Association of Malaysia Rules of Arbitration and Appeal, 2005 (hereafter 'the PORAM Rules'). The award was rendered in respect of the claims made by Virgoz against the respondent (hereafter 'NAFED'). NAFED has filed it...
United India Insurance Co. Ltd vs.thdc India Limited
Court: Delhi
Decided on: Dec-05-2016
$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 57/2016 & IA No.3146/2016 UNITED INDIA INSURANCE CO. LTD ........ Petitioner Through: Mr A. K. De, Advocate. versus THDC INDIA LIMITED ..... Respondent Through: Mr Puneet Taneja and Ms Shaheen, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER0512.2016 VIBHU BAKHRU, J1 United India Insurance Co. Ltd (hereafter UIIC) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) inter alia praying that the arbitral award dated 07.11.2015 (hereafter the impugned award) passed by the Sole Arbitrator, Justice P.K. Bahri (Retd.) be set aside. By the impugned award, the arbitrator has allowed the claims made by THDC India Limited (hereafter THDC) in relation to the agreement dated 02.03.2001 executed by the parties herein.2. The principal controversy urged on behalf of UIIC in this petition, concerns the arbitrators finding that the insurance policy (hereafter the policy...
Jaibir Singh vs.state & Anr.
Court: Delhi
Decided on: Dec-05-2016
IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 4388/2016 & Crl.M.A. No.18322/2016 + JAIBIR SINGH Date of Hearing and Order: December 5th, 2016 ........ Petitioner Through Mr.Naveen Kumar Raheja, Adv. versus STATE & ANR. ........ RESPONDENTS Through Mr.Ashish Dutta, APP for the State. W/SI Sunita, PS R.G. Metro. Mr.R. K. Ruhil, Adv. with respondent no.2 in person. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.(Oral) 1. The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Jaibir Singh for quashing of FIR No.58/2012 dated 25.11.2012, under Sections 323/354/509 IPC registered at Police Station Raja Garden Metro Station on the basis of the settlement arrived between the petitioner and respondent no.2 namely, Sh. Kuntal. respondent-State 2. submitted that the respondent No.2 present in the Court has been identified to be the complainant/first informant in the FIR in question by her counsel.3. The factual matrix of the present case is that on 25.11....
Kamal Chauhan vs.union of India & Ors
Court: Delhi
Decided on: Dec-05-2016
IN THE HIGH COURT OF DELHI AT NEW DELHI $~17 * + W.P.(C) 462/2014 Date of Decision :5. h December, 2016 KAMAL CHAUHAN ........ Petitioner Through Mr. M. K. Bhardwaj, Ms. Priyanka versus M. Bhardwaj, Ms. Ankita Bhardwaj, Advocates UNION OF INDIA & ORS. ........ RESPONDENTS Through Mr. Rajesh Gogna, Advocate for R-1 & R-2 Mr. Naresh Kaushik and Ms. Joymotz Mize, Advocate for UPSC CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) 1. The petitioner- Kamal Chauhan- had applied for selection as Senior Scientific Officer Grade II (Biology) in the Central Forensic Science Laboratory, Central Bureau of Investigation, Ministry of Home Affairs, in response to advertisement No.17/2011 published by the Union Public Service Commission/respondent No.3 (UPSC for short).2. The petitioner was not issued a call letter for the interview, perceptibly, for lacking the essential educational qualification. The petitioner then filed O.A. No.1918/2012 and by th...
Mahesh Tyagi & Ors. Vs.state Govt. Of Nct of Delhi & Ors
Court: Delhi
Decided on: Dec-05-2016
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:1. t December, 2016 Decided on :5. h December, 2016 CRL.M.C. 3439/2012 & Crl.M.A. 17164/2012 MAHESH TYAGI & ORS. ........ Petitioner Represented by: Mr. A.M. Tripathi with Mr. versus Pramod Tyagi, Advs. STATE GOVT. OF NCT OF DELHI & ORS ..... Respondent Represented by: Ms. Rajni Gupta, APP with ASI Hukum Chand, PS GTB Enclave. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 Vide order dated 1st July, 2011 the learned Metropolitan Magistrate discharged the two petitioners i.e. Mahesh Tyagi and Vijay besides Vikas in case FIR No.92/2010 under Sections 356/379/323/341/5IPC registered at PS Mansarovar Park on the complaint of respondent No.2 Sanjay Kumar Pandey. Challenging the order dated 1st July, 2011 Sanjay Kumar Pandey filed a revision petition before the learned Additional Sessions Judge who set aside the order of the learned Metropolitan Magistrate dated 1st July, 2011 discharging the petitioners Mahesh Tyagi and Vijay Kumar though u...
Sh. Ram Mehar vs.food Corporation of India & Others
Court: Delhi
Decided on: Dec-05-2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.3409/1998 + % SH. RAM MEHAR5h December, 2016 .....Petitioner Through: Dr. Ashwani Bhardwaj, Advocate. versus FOOD CORPORATION OF INDIA & OTHERS ........ RESPONDENTS Through: Mr. Rajeev Sharma, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This writ petition under Article 226 of the Constitution of India impugns the orders passed the by departmental authorities; of the disciplinary authority dated 21.4.1989 and the appellate authority dated 7.1.1997; whereby petitioner was imposed the penalty of reduction in rank from Assistant Manager (Depot) to the post of Assistant Grade I (Depot) in the minimum time scale of the pay of Assistant Grade I (Depot).2. Learned counsel for the petitioner has argued that the Inquiry proceedings against the petitioner which culminated in the order of the disciplinary authority dated 23.4.1988 is liable to be set aside on account of...
State vs.babu Lal
Court: Delhi
Decided on: Dec-05-2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 598/2016 STATE BABU LAL Date of Decision:05. 12.2016 ........ Petitioner Through: Mr.Varun Goswami, APP for State. versus Through: None. .... Respondent CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE ANU MALHOTRA GITA MITTAL, J (Oral) Crl.M.A.No.17574/2016 (Condonation of delaly) We have heard Mr.Varun Goswami, learned Additional Public Prosecutor for the State on this application for condonation of delay. For the reasons stated in the application, the delay in filing the petition is condoned. This application is allowed. CRL.L.P. 598/2016 1. The instant petition has been filed seeking leave to appeal against the impugned judgment dated 4th March, 2016 as well the order dated 16th March, 2016 on the point of sentence passed in Sessions Case No.1arising out of FIR No.398/2012, registered at PS Shahbad Dairy under Section 304/3IPC. After investigation, the police filed the charge-sheet for commission of offence under these ...
Vimla Devi vs.manish Mehra
Court: Delhi
Decided on: Dec-05-2016
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:05. 12.2016 RC.REV. 578/2016, CAV.1023/2016 & CM Nos.44883-84/2016 $~A-49 * % + VIMLA DEVI Through Mr.Sunil Dutt Dixit, Advocate ........ Petitioner versus Through Mr.Jos Chiramel, Advocate MANISH MEHRA CORAM: HON'BLE MR. JUSTICE JAYANT NATH ..... Respondent JAYANT NATH, J.(ORAL) For orders see RC.REV. 575/2016. DECEMBER05 2016/v (JAYANT NATH) JUDGE...