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Delhi Court October 2017 Judgments

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Oct 13 2017 (HC)

Shashi Ranjan vs.secunder Shah (Since Deceased) & Ors

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : October 13th, 2017 RFA4512008 SHASHI RANJAN ..... Appellant Through: Mr.R.K. Jain and Mr.Himanshu Setia, Advocates. versus SECUNDER SHAH (SINCE DECEASED) & ORS..... Respondent Through: Ms.Gurmeet Bindra, Advocate. CORAM: HON'BLE MR. JUSTICE P.S.TEJI JUDGMENT P.S.TEJI, J.1. The present appeal has been filed by the appellant being aggrieved by the judgment and decree dated 31.07.2008 passed by the learned Additional District Judge, Delhi whereby the suit filed by the plaintiff/respondent for possession and damages has been decreed in favour of the plaintiff/respondent and against the appellant/defendant.2. The facts enumerating from the record are that the suit was filed against two defendants i.e. appellant/defendant no.1-Shashi Ranjan and defendant no.2-R.K. Soni. It was contended that the plaintiff/respondent purchased a flat no.4, property no.E-234, Greater Kailash II, New Delhi from Anita Kanwal for a sale considera...

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Oct 13 2017 (HC)

New India Assurance Co. Ltd. Vs.laxmi Devi & Ors.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h October, 2017 + MAC APPEAL No.419/2011 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. Priyadarsi Acharya for Mr. versus K.L. Nandwani, Adv. LAXMI DEVI & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) $~R-337 * 1. Sukhpal Singh Yadav, suffered injuries in a motor vehicular accident that occurred on 18.12.2007, due to negligent driving of motor vehicle bearing registration No.DL2 FF0096and died in the consequence. His wife and other members of the family dependent upon him, they being first to fourth respondents (collectively, the claimants) instituted accident claim case (suit No.431/2008) on 21.02.2008 seeking compensation under Section 166 of Motor Vehicles Act, 1988 alleging that the accident had occurred due to pnegligent driving of the said vehicle by the fifth respondent. The vehicle was admittedly owned by the sixth respondent and concededly insured against third par...

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Oct 13 2017 (HC)

Air India Ltd (Earlier Known as Indian Airlines Ltd) vs.m S Jayanthi & ...

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: October 13, 2017 LPA3302017 & CMs. 16815/2017 & 26701/2017 AIR INDIA LTD (EARLIER KNOWN AS INDIAN AIRLINES LTD) ..... Appellant Through: Mr. Lalit Bhasin, Ms. Ratna Dhingra and Mr. Ajay Pratap Singh, Advocates versus M S JAYANTHI & ORS .....Respondents Through: Ms. Madhumita Bora and Ms. Bijoy Kumar Pradhan, Advocates CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR S. RAVINDRA BHAT, J.(OPEN COURT) 1. Notice.2. Ms. Madhumita Bora, Advocate accepts notice.3. The grievance raised in this appeal is with respect to Single Bench judgment of this Court dated 13.01.2017 whereby petitioner i.e. late Sh. J.Chandra Hassans claim for seniority and consequential promotion was granted. Sh. J.Chandra Hassan and one J.Sathyanarayan were both appointed as Assistant Manager (Security) in consequence of a direct recruitment process conducted in 1993. A panel was prepared on 11.11.1993. The petitioner-J.Chandra Hassan...

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Oct 13 2017 (HC)

Munna Alias Rikas vs.state

Court: Delhi

$~54 and 55 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.L.P. 20/2016 Judgment reserved on:13. h September, 2017 Judgment pronounced on:13. h October, 2017 ..Petitioner STATE (NCT OF DELHI) Through: Mr. Mukesh Kumar, APP for the State Versus MUNNA @ RIKAS &ANR ..Respondent Through: Mr. S. B. Dandapani, Advocate for respondent No.1. Mr. Harsh Prabhakar, with Mr.Anirudh Tanwar, Advocate for respondent No.2. CRL. A. 957/2015 MUNNA @ RIKAS ..Petitioner Through: Mr. S. B. Dandapani, Advocate. Versus STATE ..Respondent Through: Mr. Mukesh Kumar, APP for the State. CORAM: HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL Vide impugned judgment dated 30.04.2015 passed by the Additional Sessions Judge, Special Fast Track Court, Karkardooma Courts, Delhi, Munna @ Rikas was convicted for the offences punishable under Sections 376(2)(e)/344/506 of the Indian Penal Code (hereinafter referred to as 'IPC') but acquitted for the offences + 1. punishable under Section 366/372/5IPC whereas Suman Kumar was ac...

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Oct 13 2017 (HC)

Avnija Ahluwalia (Minor) vs.bikramjit Ahluwalia & Ors.

Court: Delhi

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:13. 10.2017 CS(OS) 2202/2011 AVNIJA AHLUWALIA(MINOR) ..... Plaintiff versus BIKRAMJIT AHLUWALIA & ORS. F+ ..... Defendants : Mr. Manav Gupta with Ms. Esha Dutta, Advocates. Advocates who appeared in this case: For the... Petitioner . For the Respondent CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : Mr. Piyush Gupta, Advocate. JUDGMENT1310.2017 CS(OS) 2202/2011 & IA No.11838/2012 (under Order XXIII Rule 1 CPC) & IA No.11839/2017 (under Order XXXII Rules 6 & 7 CPC) 1. The present suit has been filed by the plaintiff for declaration, partition and rendition of accounts.2. Pending the above suit, the parties were referred to mediation by order dated 30.08.2017, passed in FAO(OS) 14/2017. Parties have settled their disputes through the process of mediation and the CS(OS) 2202/2011 Page 1 of 3 Settlement Agreement dated 25.09.2017 has been entered into.3. Since the parties were referred to mediation by the above referred ...

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Oct 13 2017 (HC)

Union of India & Anr vs.poonam & Ors

Court: Delhi

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h October, 2017 + MAC.APP. 899/2017 UNION OF INDIA & ANR ..... Appellants Through: Mr. Vikram Jetly, CGSC versus POONAM & ORS ........ RESPONDENTS Through: Mr. Anshuman Bal, Adv. for R-1 to 5 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) Caveat 887/2017 1. Since the learned counsel for the caveators has entered appearance, the caveat stands discharged. MAC.APP. 899/2017 and CM368562017 2. On the accident claim case (suit no.250/2014) of first to fifth respondents (collectively, the claimants) instituted on 18.07.2014 seeking compensation on account of death of Krishan Kumar in a motor vehicular accident that occurred on 25.03.2014 due to the negligent driving of a truck bearing registration no.PB-08-AK-7693 of the appellants, the Motor Accident Claims Tribunal (Tribunal), by its judgment dated 08.06.2017, has returned a finding to the effect that the said vehicle was driven by the sixth respondent, an employee of MAC ...

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Oct 13 2017 (HC)

Siddhartha Jain & Ors vs.state Nct of Delhi & Anr

Court: Delhi

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2886/2017 SIDDHARTHA JAIN & ORS ........ Petitioners Through: Mr. Pradeep Bhardwaj, Adv. versus STATE NCT OF DELHI & ANR ........ RESPONDENTS Through: Mr. R.S. Kundu, ASC with Mr. Prem Sagar and Mr. Bhagat Singh, Advs. with W/SI Roshni, P.S. CAW Cell, Nanak Pura CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER1310.2017 CRL. M.A. 16766/2017 (Exemption) Exemption is granted subject to all just exceptions. Application stands disposed of. W.P.(CRL) 2886/2017 1.2. Notice. Ld. Additional Standing Counsel Mr. R.S. Kundu accepts notice. Mr. Kundu through IO submits that the charge sheet has not been filed.3. Notice be issued to the respondent No.2. Respondent No.2 is present in person and accepts notice. She is duly identified by the IO W/SI Roshni.4. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC)...

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Oct 13 2017 (HC)

Gurdeep Singh & Ors. Vs.national Insurance Co. Ltd.

Court: Delhi

$~R-331 to 334 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h October, 2017 + MAC APPEAL No.408/2011 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Manoj R. Sinha, Adv. versus GURDEEP SINGH & ORS. ........ RESPONDENTS Through: Mr. Anshuman Bal, Adv. for R- 1 & 2. + MAC APPEAL No.411/2011 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Manoj R. Sinha, Adv. versus GURDEEP SINGH & ORS. ........ RESPONDENTS Through: Mr. Anshuman Bal, Adv. for R- 1 & 2. Mr. Navneet Goyal, Adv. for R- 3, 5, 6 & 7. + MAC APPEAL No.423/2011 SARIFAN BANO & ORS. ..... Appellants Through: Mr. Navneet Goyal, Adv. versus GURDEEP SINGH & ORS. ........ RESPONDENTS Through: Mr. Manoj R. Sinha, Adv. for R-3. MAC Appeal No.4& conn. Page 1 of 7 + MAC APPEAL No.427/2013 GURDEEP SINGH & ORS. ..... Appellants Through: Mr. Anshuman Bal, Adv. versus NATIONAL INSURANCE CO. LTD. ........ RESPONDENTS Through: Mr. Manoj R. Sinha, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 26.03....

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Oct 13 2017 (HC)

Deepak vs.rajinder Singh Through Lrs. & Anr.

Court: Delhi

$~R-328 & 329 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL3912011 Decided on:13. h October, 2017 SUNITA & ORS. Through: None versus DEEPAK & ANR. ..... Appellants ........ RESPONDENTS Through: Mr. Sudhanshu Tomar, Adv. for R-1 with R-2 in person + MAC APPEAL4442011 DEEPAK ..... Appellant Through: Mr. Sudhanshu Tomar, Adv. versus RAJINDER SINGH THROUGH LRs. & ANR. Through: None ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Indisputably, a motor vehicular accident occurred on 10.02.2005 at 7.40 p.m. in the area of Ghuman Hera Road, leading to Najafgarh involving motor cycle bearing registration no.DL-3SX- 2808 (motorcycle), on the one hand, and two wheeler scooter bearing registration no.DL-9SD-3183 (scooter), on the other. It is admitted MAC Appeal No.391/2011 & 444/2011 Page 1 of 10 case on both sides that the motor cycle was driven at the relevant point of time by Rajinder Singh and the scooter by Deepak. It has come in the pleadings, and the e...

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Oct 13 2017 (HC)

Bijenderi Devi & Another vs.adel Landmarks Limited

Court: Delhi

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:13. 10.2017 ARB. P.320/2017 BIJENDERI DEVI & ANOTHER versus ADEL LANDMARKS LIMITED Advocates who appeared in this case: ......... Petitioners ..Respondent For the... Petitioner For the Respondent : Mr Arvind Chaudhary and Ms Asha Chaudhary : Mr Manoj Kumar Singh, Mr Rahul Pandey and Mr Gyanendra Kumar. Mr Abhishek Sarkar, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1310.2017 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioners have filed this petition under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of an independent Arbitrator.2. The petitioners had booked one residential plot, which was in a residential Complex developed by the respondent. ARB.P.320/2017 Page 1 of 3 3. As per the petitioners, since the respondent was not developing the said plot, disputes arose and petitioners have invoked arbitration.4. The parties had entered into B...

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