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Delhi Court October 2017 Judgments

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Oct 11 2017 (HC)

Suraj Giri vs.state

Court: Delhi

$~4, 5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + AND + AND + Date of Decision: October 11, 2017 CRL.A. 141/2017 SURAJ GIRI ..... Appellant Through: Mr.Biswajit Kumar Patra, Advocate (DHCLSC) with appellant in person. versus STATE ..... Respondent Through: Ms.Kusum Dhalla, APP for the State with SI Satish Kumar, PS Aman Vihar. CRL.A. 565/2017 GUDDU GIRI ..... Appellant Through: Ms.Inderjeet Sidhu, Advocate (DHCLSC) with appellant from J/C. versus STATE ..... Respondent Through: Ms.Kusum Dhalla, APP for the State with SI Satish Kumar, PS Aman Vihar. CRL.A. 638/2017 DEVENDER PRASAD @ LAMBU ..... Appellant Through: Mr.Jatin Rajput, Advocate (DHCLSC) with Mr.Surya Nath Pandey, Advocate and appellant from J/C. versus CRL.A.Nos.141, 565 & 638 of 2017 Page 1 of 9 STATE ..... Respondent Through: Mr.Kewal Singh Ahuja, APP for the State with SI Satish Kumar, PS Aman Vihar. PRATIBHA RANI, J.(Oral) 1. These three appeals have been preferred by appellants Suraj Giri, Guddu Giri and Devender ...

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Oct 11 2017 (HC)

r.s. Shekhawat vs.delhi Race Club (1940) Ltd.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % R.S. SHEKHAWAT RFA No.592/2017 11th October, 2017 ..... Appellant Mr. Amit Verma, Advocate. Through: versus DELHI RACE CLUB (1940) LTD. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) C.M. Nos. 36627/2017 (for stay) & 36646/2017 (for recalling of order dated 7.7.2017) 1. By this application (C.M. No.36646/2017), the appellant seeks recall of the order passed by this Court dated 7.7.2017 and which order reads as under:-"After arguments and at the stage of dictation of the judgment, learned counsel for the appellant states that instead of passing a judgment the appeal be disposed of as not pressed. Ordered accordingly. 2. A reading of the order dated 7.7.2017 shows that complete arguments were heard and judgment was to be dictated in open Court when counsel for the appellant thought it fit that instead of RFA No.592/2017 Page 1 of 12 inviting a judgment the appea...

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Oct 11 2017 (HC)

Union of India & Anr. Vs.c. K. Jain

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI WP(C) No.9277/2016 & CM No.37441/2016 UNION OF INDIA & ANR. Reserved on:16. h August, 2017. Date of Decision:11. h October, 2017. ....... Petitioners Through: Mr.Arun Bhardwaj, Adv. Versus C.K. JAIN ....Respondent Through: Mr.Anupam Lal Das, Mr.Anirudh Singh, & Mr.Krishanu Barua, Advocates. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The... Petitioner-Union of India assails the order dated 5th April, 2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.3625/2015 wherein the Tribunal has allowed the said Original Application filed by the Respondent. Vide its impugned order, the Tribunal has directed the... Petitioner to open the Sealed cover containing the recommendations of the DPC held on 17th June, 2015 in respect of the Respondent and in case he is found fit, he has been directed to be promoted with all consequential benefits.2. The Respondent, while...

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Oct 11 2017 (HC)

Oriental Insurance Co Ltd. Vs.sanjay Sharma & Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. h October, 2017 $~ * % + MAC.APP.139/2014 ORIENTAL INSURANCE CO LTD. ..... Appellants Through: Mr. Pradeep Gaur, Advocate. versus SANJAY SHARMA & ORS ........ RESPONDENTS Through: Mr. Sarvagya Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.5,00,000/- has been awarded in respect of death of one year old child.2. On 14th June, 2006, Master Kartik aged about one year was travelling in car bearing No.DL-3CW-2474 which was hit by truck bearing No.HR- 55-1717 due to which the car fell in Khud which resulted in the death of Master Kartik. The parents of the deceased filed claim petition before the Motor Accident Claims Tribunal.3. The Claims Tribunal awarded Rs.5,00,000/- to the respondents following Krishan Gopal v. Lata, (2014) 1 SCC244in which Supreme Court awarded Rs.5,00,000/- as compensation in respect of a ten years old...

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Oct 11 2017 (HC)

Virender & Ors. Vs.krishna & Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % VIRENDER & ORS. RFA No.856/2017 11th October, 2017 Through: ..... Appellants Mr. Puneet Jaiswal, Mr. Bhuvan Chand and Mr. Nakul Chaudhary, Advocates. versus KRISHNA & ORS. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ........ RESPONDENTS To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the contesting defendants in the suit, impugning the judgment of the trial court dated 21.3.2017 by which the trial court has decreed the suit of the respondents/plaintiffs and directed partition of the suit properties which belonged to the father of the parties late Sh. Jugti Ram.... RESPONDENTS/plaintiffs have been granted 1/8th share each in the suit properties inasmuch as the deceased Sh. Jugti Ram and his widow Smt. Murti Devi died leaving RFA No.856/2017 Page 1 of 7 behind eight children i.e four daughters and four sons. Three plaintiffs in...

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Oct 11 2017 (HC)

Shakuntlam Securities Pvt. Ltd. Vs.qutab Realcon Pvt. Ltd.

Court: Delhi

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 10.2017 ARB. P. 138/2017 SHAKUNTLAM SECURITIES PVT. LTD. ........ Petitioner Through versus QUTAB REALCON PVT. LTD. Through ..... Respondent : Mr. Varun Tyagi with Mr. Bharat Gupta, Advocates. Advocates who appeared in this case: For the... Petitioner For the Respondent CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : None. JUDGMENT1110.2017 ARB. P. 138/2017 1. The petitioner, by this petition under Section 11 of the Arbitration & Conciliation Act, 1996 seeks appointment of a sole independent Arbitrator.2. The respondent had approached the petitioner for seeking a loan from the petitioner, which is a non-banking financial corporation.3. Agreement, receipt and promissory note were executed on 05.11.2015. As per the petitioner, an amount of Rs.75 lakhs was disbursed ARB. P. 138/2017 Page 1 of 3 to the respondent.4. As per the petitioner, the respondent failed to repay the said amount and even the cheque issued toward...

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Oct 11 2017 (HC)

Sandeep Kumar vs.raj Singh & Ors.

Court: Delhi

$~R-321 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h October, 2017 + MAC APPEAL No.319/2011 SANDEEP KUMAR ..... Appellant Through: None. versus RAJ SINGH & ORS. ........ RESPONDENTS Through: Mr. Kanwal Chaudhary, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant then aged 12 years, suffered injuries in motor vehicular accident that occurred on 30.04.2002 due to negligent driving of truck bearing registration No.HR143221, it admittedly insured against third party risk with the third respondent (insurer) for the period in question. On his accident claim case (MACP84702/08) instituted on 28.11.2002, the Tribunal held inquiry and, by judgment dated 22.11.2010, granted compensation in the total sum of Rs. 90,000/-, the said amount inclusive of Rs. 30,000/- towards pain & suffering, Rs. 20,000/- for loss of amenities of life, Rs. 5,000/- each towards special diet and conveyance and Rs. 30,000/- for medicines. The insurer was directed to pay the...

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Oct 11 2017 (HC)

Krishna Gupta vs.sh. Narendra Nath and Anr.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI CCP(O) 60/2016 in CS(OS) 663/2011 * + IN THE MATTER OF: KRISHNA GUPTA Reserved on:21. 07.2017 Date of decision:11. 10.2017 ........ Petitioner Through: Mr. S.N. Choudhri, Mr. H.D. Talwani and Ms. Shruti Choudhri, Advocates SH. NARENDRA NATH AND ANR. versus ........ RESPONDENTS Through: Ms. Manmeet Arora, Advocate with Mr. Tarang Gupta, Advocate for R-2. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HIMA KOHLI, J.1. The present petition has been filed by the petitioner (plaintiff No.1 in the suit proceedings) under Sections 11 and 12 of the Contempt of Courts Act read with Order XXXIX Rule 2A CPC and Section 151 CPC against her brother, respondent No.1 (defendant No.2 in the suit) and her first cousin, respondent No.2 (impleaded in the suit as a Karta of the defendant No.4/Ram Chander Nath HUF), alleging wilful breach of the orders dated 27.02.2013, 29.5.2015 and 24.8.2015, passed in CS(OS) No.663/2011.2. In the first instance, having regard to the twists...

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Oct 11 2017 (HC)

Ved Prakash Jain (Deceased) Through Lrs vs.bimla Devi

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h October, 2017. RC.REV. 446/2017 & CM No.34975/2017 (for stay). VED PRAKASH JAIN (DECEASED) THROUGH LRS Through: Mr. N.K. Goyal, Adv. ...Petitioner Versus BIMLA DEVI CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Through: Mr. Satish Sharma, Adv. ..... Respondent This Rent Control Revision Petition under Section 25B(8) of the Delhi 1. Rent Control Act, 1958 impugns the order (dated 13th April, 2017 in RC/ARC No.2of the Court of Additional Rent Controller (East), Karkardooma Courts, Delhi) of eviction, after full trial, of the petitioner in a petition for eviction filed by the respondent under Section 14(1)(e) of the Act.2. The counsel for the respondent / landlady appears on seeing the matter in the cause list.3. 4. The counsels have been heard. The respondent / landlady instituted the petition for eviction from which this petition arises, for eviction of the petitioner / tenant from one Shop in property no.C-1/3, Krishn...

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Oct 11 2017 (HC)

National Insurance Co. Ltd. Vs.veena Verma & Ors.

Court: Delhi

$~R-315 & 316 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h October, 2017 + MAC APPEAL No.293/2011 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Shoumik Mazumdar, Adv. versus VEENA VERMA & ORS. ........ RESPONDENTS Through: Mr. Anshuman Bal, Adv. + MAC APPEAL No.872/2017 VEENA VERMA & ORS. ..... Appellants Through: Mr. Anshuman Bal, Adv. versus NATIONAL INS. CO. LTD. & ORS. ........ RESPONDENTS Through: Mr. Shoumik Mazumdar, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Manmohan Verma, aged 48 years, earning his livelihood from a private business, died on account of injuries suffered in motor vehicular accident that occurred on 25.09.2008 involving negligent driving of motor vehicle described as truck trolla bearing registration No.HR55 9425, admittedly insured against third party risk with National Insurance Company Ltd. (appellant in MAC appeal No.MAC Appeal No.293/20011 & conn. Page 1 of 5 293/2011). His wife and other members of famil...

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