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Delhi Court October 2017 Judgments

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Oct 11 2017 (HC)

Dhanander Kumar Jain vs.m.c.d.

Court: Delhi

$~J- * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:11. 10.2017 CM(M) 569/2001 DHANANDER KUMAR JAIN ........ Petitioner Through Mr.P.K.Rawal, Mr.Tarun Aggarwal & Mr.Alok Pandey, Advocates M.C.D. versus Through Mr.B.K.Sood & Mr.Shivam Rawat, ..... Respondent Advocate CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. This petition is filed under Article 227 of the Constitution of India seeking to impugn the order of the Rent Control Tribunal (hereinafter referred to as the RCT) dated 09.08.2001 dismissing the petition of the petitioner/landlord for eviction on the ground of default in payment of rent under Section 14(1) (a) of the Delhi Rent Control Act (hereinafter referred to as the DRC Act).2. Some of the relevant facts are that the respondent Municipal Corporation of Delhi (MCD) is a tenant under the petitioner in the premises bearing No.1747-48 located at Gali Satyawati, Bhagirath Palace, Chandni Chowk, Delhi. The respondent was a tenant before the purchase of th...

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Oct 11 2017 (HC)

Oriental Insurance Co. Ltd. Vs.anuradha Bhattacharya &Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. h October, 2017 $~ * % + MAC.APP. 188/2015 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr. A.K. Soni, Advocate.. versus ANURADHA BHATTACHARYA &ORS ........ RESPONDENTS Through: Mr. Divij Kumar, Advocate for respondents No.1 to 3. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA ORDER The appellant has challenged the award dated 16th December, 2014 1. whereby compensation of Rs.16,50,000/- has been awarded to the mother of late Sneha Kapoor.2. The accident dated 24th February, 2008 resulted in the death of Sneha Kapoor. The deceased was aged 20 years and 4 months at the time of the accident and was survived by her mother, minor sister and maternal grandmother who filed an application claiming compensation of Rs.92,00,000/-. The averments made by the claimants in the claim petition with respect to the educational qualifications, occupation and income of deceased are as under:-"v) That the deceased was a very intelligent and brigh...

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Oct 11 2017 (HC)

Amit Sehgal vs.govt. Of Nct of Delhi & Ors.

Court: Delhi

$~3. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10073/2009 AMIT SEHGAL Through: Mr. B.K. Berera, Advocate ........ Petitioner versus GOVT. OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Mr. Varun Nischal, Advocate with Ms. Pushpinder Kaur, DOE, Zone-08 in person. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HONBLE MR. JUSTICE R.K. GAUBA % ORDER1110.2017 CM APPL. 35876/2017 (by the petitioner for withdrawal of the petition) 1. The present application has been filed by the petitioner praying inter alia for permission to withdraw the writ petition with liberty to challenge the decision of the respondents of declining to grant him seniority.2. Learned counsel for the petitioner states that vide order dated 31.10.2012 passed by the respondent during the pendency of the present petition, the petitioner was intimated that the period declared as Dies Non has been regularised by granting him EOL on medical grounds. He states that the grievance of the petitioner with regard to grant of s...

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Oct 11 2017 (HC)

Rambir Sharma vs.m/s Hbn Housing Finance Ltd.

Court: Delhi

$~ IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl. MC. 862/2017 RAMBIR SHARMA Through: Mr. Raj Kumar Chandiwal ..Petitioner and Ms.Natasha Rani Khudania, Advocates. Versus M/S HBN HOUSING FINANCE LTD. ..Respondent Through: Mr. Vipul Srivastava and Mr. Aditya Sharda, Advocates. CORAM: HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL ORDER1110.2017 1. The present petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') read with Article 227 of the Constitution of India the petitioner assailing the order dated 13.02.2017 (hereinafter referred to as the 'Impugned Order') passed by Additional Sessions Judge05, District West, Tis Hazari Courts, Delhi in Criminal Revision No.09/2017 arising out of order dated 08.10.2016 passed by Metropolitan Magistrate, Tis Hazari Courts, Delhi in CC No.6929/16, Police Station Vikas Puri, New Delhi.2. The contextual matrix of the case as set out in the petition is that, the petitioner had obtained a housin...

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Oct 11 2017 (HC)

National Insurance Co. Ltd. Vs.dilwar & Ors.

Court: Delhi

$~R-317 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h October, 2017 + MAC APPEAL No.300/2011 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Ms. Shantha Devi Raman & Mr. Arihant Jain, Adv. versus DILWAR & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Balram, a bachelor, then aged 23 years, earning his livelihood as manual labourer, engaged on truck bearing registration No.HR389324 (the truck) for loading cargo (stones), died on account of injuries suffered on 30.07.2005, when the truck driven by the third respondent (the driver) turned turtle due to negligence on the part of the latter. The accident claim case (suit 291/2009), instituted on 27.09.2005 by his minor junior siblings dependent on him, they being first and second respondents in the appeal (collectively, the claimants), resulted in inquiry leading to the judgment dated 05.02.2011 whereby compensation in the total sum of Rs. 7,12,792/- was awarded and the li...

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Oct 11 2017 (HC)

Azad Singh vs.govt. Of Nct of Delhi & Ors.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. 10.2017 $~24. * + % W.P.(C) 8939/2017 AZAD SINGH Through: Mr. Shanker Raju and Mr. Nilansh ........ Petitioner versus Gaur, Advs. GOVT. OF NCT OF DELHI & ORS Through: Mr. Satyakam, ASC for GNCTD. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI VIPIN SANGHI, J (ORAL) 1. The petitioner has preferred the present writ petition to assail the order dated 15.09.2014 passed in O.A. No.749/2014, and the order dated 08.12.2016 passed in R.A. No.218/2014 preferred in the said Original Application before the Central Administrative Tribunal, Principal Bench, New Delhi. The Tribunal has dismissed the Original Application as well as the Review Application preferred by the... Petitioner. The petitioner had preferred the said Original Application to assail his dismissal from service.2. The petitioner was serving as Constable in Delhi Police, when a trap was laid by the Anti Corruption Branch on a c...

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Oct 11 2017 (HC)

Shriram General Insurance Co. Ltd. Vs.naseem Ahmed & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.482/2016 + % SHRIRAM GENERAL INSURANCE CO. LTD. 11th October, 2017 ..... Appellant Through: Mr. Samar Nandwani, Advocate. versus NASEEM AHMED & ANR. ........ RESPONDENTS Through: Mr. R.K. Nain, Advocate for R-1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal is filed under Section 30 of the Employees Compensation Act, 1923 by the insurance company impugning the judgment of the Employees Compensation Commissioner dated 6.5.2016 by which the Employees Compensation Commissioner has allowed the claim petition which was filed by respondent No.1 herein and granted compensation of Rs.8,84,016/- along with interest at the rate of 12% per annum from 30 days after the date of the accident as per Section 4(A) of the Employees Compensation Act. FAO No.482/2016 Page 1 of 6 2. The facts of the case are that the respondent No.1 pleaded that he was employed as a driver by ...

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Oct 11 2017 (HC)

Rajender Kanaujia vs.asha Rani Gupta

Court: Delhi

$~J * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:11. 10.2017 RC.REV. 406/2016 & CM No.30260/2016 RAJENDER KANAUJIA ........ Petitioner Through Mr.Sudhir Nandrajog, Sr.Advocate with Mr.Ajay Talesara & Mr.Ajay Kumar Chopra, Advocates ASHA RANI GUPTA versus ..... Respondent Through Mr.Jeevesh Nagrath, Ms.Monica Manchada & Mr.Amit Sanduja, Advocates CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(JUDGMENT) 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 set aside the eviction order dated 30.04.2016 passed by the Additional Rent Controller (hereinafter referred to as the ARC) under section 14(1)(e) of the DRC Act.2. The respondent/landlord filed an eviction petition against the petitioner/tenant under section 14(1)(e) of the DRC Act regarding property being a shop at ground floor of property bearing No.7, Jor Bagh Market, Block No.172, New Delhi-110 003. The case of the r...

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Oct 11 2017 (HC)

Bantoo vs.state

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: September 23, 2017 Judgment Delivered on: October 11, 2017 CRL.A. 1318/2012 BANTOO ..... Appellant Through: Mr.Chetan Lokur, Advocate. versus STATE ..... Respondent Through: Ms.Aasha Tiwari, APP for the State with Inspector Dhananjay Gupta ATO Mahendra Park CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI HONBLE MS. JUSTICE REKHA PALLI JUDGMENT1 The appellant Bantoo has preferred this appeal impugning the judgment dated 23rd July, 2012 and order on sentence dated 31st July, 2012 passed in Sessions Case No.19/2011 (case FIR No.61/2011 under Section 302 IPC PS Mahendra Park) whereby he has been convicted for committing the offence punishable under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs.10,000/- and in default of payment of fine to undergo simple imprisonment for one month.2. In brief the prosecution case is that on the night intervening 18th/19th March, 2011 vide DD No.4A an infor...

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Oct 11 2017 (HC)

State (Nct of Delhi) vs.dheeraj

Court: Delhi

$~25 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:11. h October, 2017 CRL.L.P. 589/2017 STATE (NCT OF DELHI) ........ Petitioner Through: Ms.Radhika Kolluru, APP for the State with SI Satish Kumar, PS Aman Vihar. ..... Respondent versus Through DHEERAJ CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J.(ORAL) Crl. M.A. No.16610/2017 (exemption) 1.2. Exemption is allowed subject to all just exceptions. Application stands disposed of. Crl.M.A.16609/2017 (delay) 3. This is an application filed by the State seeking condonation of delay of 205 days in filing the present appeal. The reasons for the delay have been set out in paragraphs 2 to 11 of this application.4. Learned counsel for the petitioner submits that the delay is not on account of inaction or negligence but for cogent reasons, which have been detailed in the application. She submits that the Courts have taken a lenient view while disposing of applications seeking condonati...

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