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Delhi Court October 2017 Judgments

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Oct 25 2017 (HC)

Samvardhana Motherson International Ltd vs.assistant Commissioner of I ...

Court: Delhi

$~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. h October 2017 W.P.(C) 480/2016 SAMVARDHANA MOTHERSON INTERNATIONAL LTD ........ Petitioner Through: Dr. Rakesh Gupta, Mr. Ashwani Taneja, Mr. Somil Agarwal, Mr. Rohit Kumar Gupta and Mr. Lakashya Goyal, Advocates. versus ASSISTANT COMMISSIONER OF INCOME TAX & ANR. Through: Mr. Ashok Manchanda and Mr. Raghvendra Singh, Advocates. ........ RESPONDENTS AND W.P.(C) 526/2016 8 + 9 + SAMVARDHANA MOTHERSON INTERNATIONAL LTD. (FORMERLY KNOWN AS(M/S SAMVARDHANA MOTHERSON FINANCE LTD.)AUTHORISED SIGNATORY, SHRI MANOJ MAHESHWARI, ........ Petitioner Through: Dr. Rakesh Gupta, Mr. Ashwani Taneja, Mr. Somil Agarwal, Mr. Rohit Kumar Gupta and Mr. Lakashya Goyal, Advocates. versus ASSITANT COMMISSIONER OF INCOME TAX, CIRCLE221) & ANR. ........ RESPONDENTS W.P.(C) 480/2016 & W.P.(C) 526/2016 Page 1 of 15 Through: Mr. Ashok Manchanda and Mr. Raghvendra Singh, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE P...

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Oct 25 2017 (HC)

National Insurance Company Ltd. Vs.john M. Koshy & Ors.

Court: Delhi

$~R-361 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h October, 2017 + MAC APPEAL No.566/2011 & CM No.11615/2011 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Pankaj Seth, Adv. versus JOHN M. KOSHY & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent (the claimant), then aged about 22 years, a student of final year of the course leading to the degree of Bachelor of Arts, suffered injuries in motor vehicular accident that took place on 09.11.2002 due to negligent driving of motor vehicle described as car bearing registration No.HR01 0992, which was admittedly insured against third party risk with the appellant insurance company for the period in question. On his accident claim case (suit No.844/2008) on 30.04.2003, the tribunal held inquiry and, by judgment dated 30.03.2011, accepted the case that the accident had occurred due to negligent driving of the car by the third respondent, it being re...

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Oct 25 2017 (HC)

Future Generali India Insurance Co. Ltd. Vs.asha Devi & Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.481/2016 and C.M. No.36264/2016 (stay) + % FUTURE GENERALI INDIA INSURANCE CO. LTD. ..... Appellant Mr. Rajeev M. Roy, Advocate. 25th October, 2017 Through: versus ASHA DEVI & ORS. Through: Mr. Surender Chauhan, ........ RESPONDENTS Advocate for respondent No.3 with respondent no.3 in person. Mr. Iftikhar Ahmed, Advocate for respondent No.4. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) 1. This first appeal under Section 30 of the Employees Compensation Act, 1923 is filed by the appellant/insurance company impugning the judgment of Employees Compensation Commissioner dated 28.7.2016 by which the Employees Compensation Commissioner reviewed its earlier judgment dated 3.6.2016. As per the earlier judgment dated 3.6.2016 only the respondent no.1 in the FAO No.481/2016 Page 1 of 5 claim petition i.e M/s Ravi Tempo Transport Co., respondent no.3 in this appeal, was held liable....

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Oct 25 2017 (HC)

New India Assurance Co. Ltd. Vs.rekha Sharma & Ors.

Court: Delhi

$~356 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h October, 2017 + MAC APPEAL5512011 and CM113282011 and 13095/2011 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. Priyardarsi Acharya, Advocate versus REKHA SHARMA & ORS. Through: ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The liability to pay the compensation on account of the death of Yogesh Sharma in a motor vehicular accident that took place on 23.01.2008 has been fastened against the appellant / insurance company on the claim petition (suit no.125/2009) instituted on 09.03.2009 by the first, second and fifth respondents (collectively, the claimants) on the basis of the finding returned, by the judgment dated 09.09.2010, that the death had occurred due to the negligent driving of a truck bearing registration no.GJ-18X-8380 by the third respondent, it being a vehicle registered in the name of the fourth respondent and insured against third party risk with the appellant.2. The ...

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Oct 25 2017 (HC)

Hamdard National Foundation & Ors vs.bank of India & Anr

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :18. h SEPTEMBER, 2017 DECIDED ON :25. h OCTOBER, 2017 + CS(OS) 162/2017 & IA Nos.80(u/O1R-10 CPC), 4953/2017 (u/S151CPC), 57(u/S151CPC), 43(u/O39 R-1&2 CPC), 49[u/S2b) Cont.of Court Act]., 58(u/O39R-2A) and 7874/2017 (u/S151CPC), 78(u/S151CPC), 95(u/O39R-2), 95(u/O39R-2 and 2A CPC) ASAD MUEED ..... Plaintiff Through: Mr.Parag P.Tripathi, Sr.Advocate with Mr.Simran Mehta, Mr.Saket Sikri, Mr.Rishabh Kapur and Ms.Jyoti Sagar, Advocates. Mr.Sudhir Nandrajog, Sr.Advocate with Mr.Shreyans Singhvi and Ms.Ekta Mehta, Advocates for applicant versus BANK OF INDIA & ORS ..... Defendants Through: Mr.Kailash Vasdev, Sr.Advocate with Mr.Bobby Lao, Advocate for D-2. Mr.Arvind K.Nigam, Sr.Advocate wtih Mr.Satinder S.Bawa and Mr.Mikhil Sharda, Advocates for D-3. Mr.Harish Malhotra, Sr.Advocate with Mr.Pawan Upadhyay, Mr.Rajesh Chhetri, Mr.Saravjeet Pratap Singh and Ms.Krishna Kanodia, Advocates for D-4. CS(OS) 162/2017 & connected matters. Page 1 o...

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Oct 25 2017 (HC)

Andhra Education Society & Anr. Vs.directorate of Education & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. h October, 2017 + W.P.(C) 10310/2015 & C.M. 25676/2015 ANDHRA EDUCATION SOCIETY & ANR. Through: Mr. Hanu Bhaskar, Advocate ........ Petitioners Versus DIRECTORATE OF EDUCATION & ANR. ........ RESPONDENTS Through: Mr. Sanjay Ghose & Mr. Rishabh, Advocate for respondent No.1 Mr. D. Rama Krishna Reddy, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT1... Petitioner-Societys school is a recognized, aided school from Delhi Administration and is linguistic minority institution, who had discharged respondent No.2 from service vide order of 22nd May, 2013. The said order was challenged by second respondent by filing an appeal before the Delhi School Tribunal, which has set aside impugned order of 22nd May, 2013 with direction to petitioner to reinstate second respondent with all consequential benefits.2. The facts, which are not disputed, are that second respondent was W.P.(C)10310/2015 Page 1 of...

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Oct 25 2017 (HC)

National Insurance Company Ltd. Vs.om Lata & Ors.

Court: Delhi

$~360 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL5602011 Decided on:25. h October, 2017 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Manoj Ranjan Sinha, Advocate Versus OM LATA & ORS. ........ RESPONDENTS Through: None CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Ashok Kumar Gupta, died due to the injuries suffered in a motor vehicular accident that took place on 07.09.2007 due to the negligent driving of a motor vehicle described as Tavera bearing registration No.DL-1VB-4536 admittedly insured against third party risk with the appellant / insurance company. His wife and other members of the family dependent on him, they being first to third respondents (collectively, the claimants) instituted accident claim case (MACT no.190/2008) on 17.10.2007 seeking compensation impleading the insurer as a party respondent in addition to the owner and driver of the offending vehicle, they being fourth and fifth respondents in the appeal. During the course of co...

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Oct 25 2017 (HC)

Indu Devi & Ors. Vs.alisher & Ors.

Court: Delhi

$~R-364 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h October, 2017 + MAC APPEAL No.576/2011 INDU DEVI & ORS. ..... Appellant Through: None. versus ALISHER & ORS. ........ RESPONDENTS Through: Mr. R.B. Shami, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Ram Narayan Tiwari, aged about 37 years, earning his livelihood as part time driver, suffered injuries in a motor vehicular accident that occurred on 06.05.2006 due to negligent driving of a three wheeler scooter (TSR) bearing registration No.UP16 9443, which was admittedly insured against third party risk for the period in question with the third respondent (insurer). His wife and other members of the family dependent on him, they being the appellants (collectively, the claimants), instituted accident claim case (MACT No.348/2007) on 24.04.2007 seeking compensation. The tribunal after inquiry, by judgment dated 09.03.2011, accepted the case for compensation holding the TSR driver responsible. The c...

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Oct 25 2017 (HC)

Icici Lombard General Ins. Co. Ltd. Vs.lallan Kumar & Ors

Court: Delhi

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h October, 2017 + MAC.APP. 735/2016 & CM No.32778/2016 (stay) ICICI LOMBARD GENERAL INS. CO. LTD. ..... Appellant Through: Mr. Sandeep Jha, Adv. versus LALLAN KUMAR & ORS ........ RESPONDENTS Through: None. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 10.09.2008 accident claim case (suit No.514/ 10 /2008) was filed by the first respondent (the claimant) seeking compensation under section 166 read with section 140 of the Motor Vehicle Act, 1988 on the averments that on 12.08.2008, he had suffered injuries in motor vehicular accident that had occurred due to negligent driving of a three-wheeler scooter bearing registration No.DL-1RG-8591(TSR). The claimant had impleaded as respondents, the second and third respondents herein describing them as the driver and owner respectively of the TSR. Additionally, the appellant was impleaded as a respondent in the claim case on the basis of averments that it was the insurer o...

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Oct 24 2017 (HC)

M/S Versatiles Commotrade Pvt Ltd vs.karan Singh

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:12. h October, 2017 Pronounced on:24. h October, 2017 + CS(COMM) 407/2016 M/S VERSATILES COMMOTRADE PVT LTD ..... Plaintiff Through: Mr.Ratan K. Singh& Mr.Nikhilesh Krishnan, Advocates. versus KARAN SINGH Through: Mr.Inderjeet Yadav, Advocate. ..... Defendant CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.IA No.1130/2017 1. Before coming to this application under Order 37 Rule 3(5) CPC let me state the facts: a) The plaintiff filed this suit for recovery of `1,42,26,302 along with the interest @ 14% from 24.11.2014 till date, on the premise that it had entered into an agreement to sell with the defendant on 15.04.2013 whereby the defendant had agreed to sell his agricultural land viz. 2 acres, 4 bighas, 8 biswas and 10 biswanis in Khasra No.306 (5-15), 309 (4- IA No.1130/2017 in CS(COMM) 407/2016 Page 1 of 13 16), 310(4-116), 341 (4-16), 342 (4-16), 997 (3-02) situated at Jaffarpur Kalan, Najafgarh, New Delhi; b) the...

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