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Delhi Court October 2017 Judgments

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Oct 27 2017 (HC)

Late Sh Harendra Pal Singh the Lrs & Ors. Vs.rishi Pal Singh

Court: Delhi

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI RFA(OS) 55/2016 & CM244612016 Reserved on:13. h September, 2017 Pronounced on:27. h October, 2017 LATE SH HARENDRA PAL SINGH THE LRS & ORS. .....Appellants Through: Mr. Anshu Mahajan, Mr. versus Karan, Advs. RISHI PAL SINGH ..... Respondent Through: Mr. Sandeep Sharma, Ms. Risha Mittal, Mr. Bhrigu Dhami, Advs. RFA(OS) 72/2016 & CM344932016 HARENDRA PAL SINGH (SINCE DECEASED THR. LRS) & ANR. Through: Mr. Anshu Mahajan, Mr. .....Appellants Karan, Advs. versus RISHI PAL SINGH ..... Respondent Through: Mr. Sandeep Sharma, Ms. Risha Mittal, Mr. Bhrigu Dhami, Advs. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA RFA(OS) Nos.55/2016 & 72/2016 Page 1 of 24 SANJIV KHANNA, J.This intra court appeal, RFA(OS) 55/2016 impugns order dated 2nd May, 2016 in CS(OS)1441/2008 and IA103452010 passing a preliminary decree of partition holding that the respondent before us, the plaintiff in the suit, is 1/3rd owner of the second floo...

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Oct 27 2017 (HC)

Consolidated Finvest & Holdings Limited vs.govt. Of Nct of Delhi & Ors ...

Court: Delhi

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2190/2017 CONSOLIDATED FINVEST & HOLDINGS LIMITED Through: Ms Suruchi Aggarwal and Mr ........ Petitioners Bijendra Singh, Advocates. versus GOVT. OF NCT OF DELHI & ORS. Through: Mr Udit Gupta, Advocate. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2710.2017 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, praying as under:-"the revenue record pertaining (a) issue a writ in the nature of Mandamus or any other writ order or direction directing the... RESPONDENTS to amend to Khasra No.53/25(4-12), 72/5(4-16), 72/6(4-12) of Village Mehrauli, so as to incorporate the change of name of the... Petitioner Company from Jindal Photo Limited to M/S. Consolidated Finvest & Holding Limited. (b) issue a writ in the nature of Certiorari or any other writ order or direction directing the... RESPONDENTS not to demand Stamp duty from the... Petitioner for effecting change in the revenue record per...

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Oct 27 2017 (HC)

Jangumal Goyal & Anr vs.govt. Of Nct of Delhi & Ors

Court: Delhi

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:27. h October, 2017 + W.P. (C.) No.10829/2015 JANGUMAL GOYAL & ANR ........ Petitioners Through Mr. Vikas Aggarwal with Mr. Karan Arora, Advocates versus GOVT. OF NCT OF DELHI & ORS ........ RESPONDENTS Through Ms. Jyoti Tyagi, Advocate for Mr. Yeeshu Jain, Standing Counsel for L&B/LAC. Mr. Sanjeev Sabharwa, Standing Counsel for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. Rule DB.2. With the consent of the parties, the writ petition is set down for final disposal.3. Counter affidavit has been filed by the DDA. No counter affidavit has been filed by the LAC. However, Ms. Tyagi submits that original records have been called in Court.4. This is a petition under Article 226 of the Constitution of India filed by the petitioners. The prayer made in this writ petition reads as under: 1. Issue an appropriate writ, order or directions declaring the entire acquisition pro...

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Oct 27 2017 (HC)

Vikas Sharma @ Monty & Anr vs.jagdish Lal

Court: Delhi

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h October, 2017 + MAC.APP. 481/2016 and CM226422016 VIKAS SHARMA @ MONTY & ANR ..... Appellants Through: Mr. S.S. Jain, Advocate versus JAGDISH LAL Through: Mr. Rupendu Singh, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellants have been held liable to pay the compensation to the respondent by the judgment dated 16.03.2016 of the Motor Accident Claims Tribunal in the accident claim case (case no.788/2013) which was instituted by the respondent on 26.11.2013, on the basis of finding returned that due to negligent driving of motorcycle bearing registration no.DL-8S-AW-4320 by the first appellant, the accident had occurred wherein the respondent moving on his bicycle was hit resulting in grievous injuries being sustained by him. The motorcycle admittedly was not insured against third party risk for the period in question.2. The appellants plea has been that they have been falsely imp...

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Oct 27 2017 (HC)

Oriental Insurance Co. Ltd. Vs.bharti Bhambhani & Ors.

Court: Delhi

$~R-368 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h October, 2017 + MAC APPEAL No.598/2011 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr. L.K. Tyagi, Adv. versus BHARTI BHAMBHANI & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. By judgment dated 21.05.2011, the motor accident claims tribunal while deciding the accident claim case (case No.940/2008) instituted on 04.08.2008 by the first to fourth respondents (collectively, the claimants) held that Harish Bhambani had died as a result of injuries suffered in motor vehicular accident that occurred on 02.11.2007 due to negligent driving of motorcycle bearing registration No.DL9U8790(the motorcycle) by the fifth respondent, admittedly a minor at the relevant point of time not holding a valid or effective driving licence. The compensation awarded by the said judgment nonetheless was directed to be paid by the appellant (insurer) for the reason the motorcycle was insur...

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Oct 27 2017 (HC)

Kulbhushan Madan vs.life Insurance Corporation of India & Ors

Court: Delhi

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10550/2016 KULBHUSHAN MADAN ........ Petitioner Through Mr Sumit Kumar, Mr Prakash Kaushik and Mr Rabindra nanda, Advocates. versus LIFE INSURANCE CORPORATION OF INDIA & ORS Through Mr Sanjay Rawat, Advocate ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2710.2017 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, praying as under:-"Issue direction/order in nature of writ of Mandamus directing the respondent corporation to conduct a proper and thorough time bound investigation in the complaint Dated 19/03/2007, made by the petitioner, regarding cheating and fraud of Rupees 40 Lacs." The petitioner states that he is working with respondent no.1 2. (hereafter the LIC) as a Development Officer. It is the petitioner's case that in the month of January, 2006 one Mr Anil Kumar Malik, who was then posted as a Development Officer at LIC's branch at Nehru Palace, New Delhi had approached the p...

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Oct 27 2017 (HC)

Omway Build Estate Pvt. Ltd. & Ors. Vs.satyendra Jain

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:27. h October, 2017 + CRL.M.C. 5041/2015 & CRL.M.A.18145/2015 OMWAY BUILD ESTATE PVT. LTD. ........ Petitioner No.1 JANAK GOYAL NEELAM GOYAL ........ Petitioner No.2 ........ Petitioner No.3 Through: Mr. J.P.Sengh, Sr. Adv. with Mr. Ashish Aggarwal, Ms. Manisha Mehta, and Mr. Arun Kumar Tewari, Advs. versus SATYENDRA JAIN ..... Respondent Through: Mr. Rakesh Mittal, Adv. with Mr. Vikrant Yadav, Adv. CORAM: HON'BLE MR. JUSTICE I.S.MEHTA I. S. MEHTA, J.JUDGMENT1 By way of the above captioned petition, the petitioners invoke the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to set aside the order dated 30th March, 2015 passed by the Metropolitan Magistrate, Saket District Court, New Delhi in Criminal Complaint No.2492 of 2015 (old No.991/11) CRL.M.C. 5041/2015 Page 1 of 11 thereby dismissing the application of the petitioners for stay of the proceedings; to quash the Criminal ...

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Oct 27 2017 (HC)

Deepak Verma vs.union of India & Ors

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12171/2016 Reserved on:25. h August, 2017 Date of Decision:27. h October, 2017 DEEPAK VERMA versus In person. UNION OF INDIA & ORS ........ Petitioner ..... Respondent % Through Mr. Anurag Ahluwalia, CGSC with Mr. Apporva Saxena, Advocate and Major Charul Bhatt. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.Deepak Verma, who appears in person, has filed the present writ petition for setting aside non-approval letter No.133/Reinstatement/GS dated 11th July, 2016 issued by the Commandant of the Officers Training Academy, Chennai (OTA, for short). The petitioner had prayed for re- instatement/re-induction as a cadet in the Indian Army and thus impugns refusal of re-instatement/re-induction.2. The petitioner pursuant to his selection was asked to report to the Adjutant OTA, Chennai on 25th March, 2016 vide letter dated 11th March, 2016. WP(C) 12171/2016 Page 1 of 17 3. On reporting, the peti...

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Oct 27 2017 (HC)

Dayawati vs.dda

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : October 27th, 2017 RFA212007 DAYAWATI ..... Appellant Through: Ms.Shabeena Anjum, Mr.Mohd. Amanullah and Mr.Misbah Bin Tariq, Advs. DDA versus Through: None. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.JUDGMENT ..... Respondent 1. The appellant has filed the present appeal being aggrieved by the judgment and decree dated 04.09.2006 passed by the learned Additional District Judge, Delhi whereby the suit filed by the appellant/plaintiff stands dismissed.2. The facts enumerating from the plaint filed before the Court below are that the plaintiff/appellant is the owner of free hold built up property bearing No.B175727, Shastri Nagar, Delhi 110052 on area measuring 65 sq. yds comprised in Khasra No.157, Village Nimiri vide registered sale deed dated 29.05.2003. The suit property was owned by Smt. Leelawati who sold off the suit property to Shri Sarup Singh vide GPA dated 24.08.1983, agreement dated 22.08.1983 and RFA21/...

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Oct 27 2017 (HC)

Anant Kumar and Ors vs.union of India Anr Ors

Court: Delhi

$~16 to 32. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1140/2017 ANANT KUMAR AND ORS ........ Petitioners Through: Mr. Vinod K. Tewari, Advocate with Mr. Manindra Dubey, Advocate versus UNION OF INDIA ANR ORS Through: Mr. Sanjeev Narula, CGSC with Ms. Anumitra Chandra, Advocate for R-1 to R-3. None for the respondent No.4 ........ RESPONDENTS + W.P.(C) Nos.1490/2017 & CM No.6818, 1495/2017 & CM No.6825/2017, 1498/2017 & CM No.6829/2017, 1499/2017 & CM No.6830/2017, 1506/2017 & CM No.6867/2017, 1511/2017 & CM No.6874/2017, 1517/2017 & CM No.6882/2017, 1575/2017 & CM No.7049/2017, 1576/2017 & CM No.7050/2017, 1578/2017 & CM No.7119/2017, 1579/2017 & CM No.7120/2017, 1582/2017 & CM No.7126/2017, 1583/2017 & CM No.7127/2017, 1584/2017 & CM No.7128/2017, 1585/2017 & CM No.7129/2017, 1586/2017 & CM No.7130/2017 SANJAY KUMAR RAM DEEPAK PRASAD YADAV GOSAWI SANDIP ARUN SANJIV KUMAR PIJUSH KANTI HATI ASHOK KUMAR PURBEY PHALKE GANESH RABHAJI CHANDAN SINGH SURYANSHU KUMAR SAROJ KUMAR KARN...

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