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Delhi Court October 2017 Judgments

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Oct 11 2017 (HC)

Partha Ghosh & Anr vs.the Institute of Chartered Accountants of India ...

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:11. 10.2017 + W.P.(C) 8413/2016 & CM Nos. 34783/2016 & 14495/2017 PARTHA GHOSH & ANR ........ Petitioners Versus THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS CORAM HONBLE MR JUSTICE VIBHU BAKHRU : Mr S. Ganesh, Senior Advocate with Ms Priyanjali Yadav, Mr Dwaipayan Banerjee. : Mr Ramji Sriniwasan, Senior Advocate with Ms Pooja M. Saigal & Mr Tushar Bhardwaj. ........ RESPONDENTS VIBHU BAKHRU, J JUDGMENT1 The petitioners have filed the present petition, inter alia, praying for a direction to respondent no.3 to quash the disciplinary proceedings instituted against them and the Show Cause Notice dated 06.12.2006 issued pursuant thereto.2. The petitioners are chartered accountants and were at the material time working with Price Waterhouse & Co. (hereafter PwC), a firm of Chartered Accountants; petitioner No.1 was one of the Partners and...

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Oct 11 2017 (HC)

Om Parkash vs.raju & Ors.

Court: Delhi

$~R-313 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h October, 2017 + MAC APPEAL No.264/2011 & CM58492011 & 5850/2011 OM PARKASH Through: versus None ..... Appellant RAJU & ORS. ........ RESPONDENTS Through: Mr. J.P.N. Shahi and Ms. Komal Dhingra, Advocates for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. By the impugned judgment dated 06.02.2008 in accident claim case (suit no.229/2004), the Motor Accident Claims Tribunal (Tribunal) while awarding compensation in favour of the fourth and fifth respondents (collectively, the claimants) on account of the death of Saurabh Ganda in a motor vehicular accident that had occurred on 29.10.2004 involving negligent driving of a bus bearing registration no.DL-1PA-2493 by the first respondent (driver), directed the third respondent (insurer) to pay but granting it recovery rights against the appellant, he being the owner of the vehicle, on the grounds that the driver had a driving licence which was valid upto 18.09.20...

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Oct 11 2017 (HC)

Ashok Diwan & Anr. Vs.subhash Diwan & Ors.

Court: Delhi

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 10.2017 CS(OS) 492/2011 ASHOK DIWAN & ANR versus SUBHASH DIWAN & ORS ..... Plaintiffs ..... Defendants : Mr. Sagar Sharma, Adv. Advocates who appeared in this case: For the... Petitioner For the Respondent CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : None. I.A. No.7686/2017 JUDGMENT1110.2017 1. By this application, the plaintiff seeks refund of the court fees paid on the plaint in terms of Section 16A of the Court Fees Act, 1870 as amended for the State of Delhi.2. The plaintiff had filed the suit seeking a decree of permanent injunction thereby restraining the defendants from transferring or alienating the suit property bearing No.14/475, Sunder Vihar, New Delhi.3. After the suit was filed by the plaintiff, the defendants filed a CS(OS) 492/2011 Page 1 of 4 suit being CS(OS) No.2229/2011 seeking partition of the subject property.4. On 26.11.2012, the present suit was disposed of noticing that in the suit for ...

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Oct 11 2017 (HC)

Sabiha Khan vs.uoi

Court: Delhi

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. h October,2017 + RFA2612007 SABIHA KHAN ..... Appellant Through: Ms.Aishwarya Bhati, Mr.Jaideep Singh, Ms.Tanuja Patra, Advocates. versus UOI CORAM: HON'BLE MR. JUSTICE J.R. MIDHA Through: Mr. Jaswinder Singh, Advocate. ..... Respondent JUDGMENT The Trial Court has awarded compensation of Rs.1,25,932/- along 1. with interest @ 6% per annum to the appellant. The appellant is seeking the enhancement of the compensation amount.2. On 14th May, 1999, the appellant suffered stomach ache and was taken to Station Sick Quarters at Air Force Station, New Delhi and was referred to Surgical OPD, Base Hospital, Delhi Cantt. where she was advised to undergo surgery for removal of gall bladder and cyst in the liver. The appellant was entitled to medical treatment in Armed Force Hospitals as her husband retired as Flying Officer (Hony.) from Indian Air Force on 31st July, 1995.3. On 30th June, 1999, the appellant was admitted at the B...

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Oct 11 2017 (HC)

Devender Prasad @ Lambu 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)

Hunt and Palmer Air Charter India Private Limited (In Vol. Liqn.) Vs.. ...

Court: Delhi

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:26. h September 2017 Pronounced on:11. h October, 2017 CO.PET. 54/2017 HUNT AND PALMER AIR CHARTER INDIA PRIVATE LIMITED (IN VOL. LIQN.) ........ Petitioner Through : Ms.Ruchi Sindhwani, Sr. Standing Counsel for Official Liquidator. ... versus Through : None. ..... Respondent CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This petition is under section 497(6) of the Companies Act, 1956 (hereinafter as the Act) by the petitioner through the Official Liquidator for dissolution of Hunt And Palmer Air Charter India Private Limited.2. The petitioner company was incorporated on 12.08.2010, under the provisions of the Act having corporate identity No.U63040DL2010PTC207019 with the Registrar of Companies, NCT of Delhi having its registered office at L-2A, Hauz Khas Enclave, New Delhi with an authorized Share Capital of Rs `5,00,000/- and the paid up share capital to be `4,00,000/-. CO.PET. No.54/2017 Page 1 of 5 3. The ...

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Oct 11 2017 (HC)

National Insurance Co. Ltd. Vs.reshmi Devi & Ors.

Court: Delhi

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h October, 2017 + MAC APPEAL412014 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Ms. Rakhi Dubey, Advocate versus RESHMI DEVI & ORS. ........ RESPONDENTS Through: None CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Moti Chand, then aged 38 years, described as a shopkeeper earning his livelihood from private business died in a motor vehicular accident that occurred on 29.09.2010 due to the negligent driving of a bus bearing registration no.DL-1PA-4619. On the accident claim case (suit no.529/2010) instituted on 26.10.2010 by his wife and other members of the family dependent on him, they being first to sixth respondents in appeal (collectively, the claimants), the Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 17.08.2013, awarded total compensation in the sum of Rs.15,40,720/- directing the appellant (insurer) to pay the same with interest at the rate of 9% p.a., it being insurer...

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Oct 11 2017 (HC)

Veena Verma & Ors. Vs.national Ins. Co. Ltd. & 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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Oct 11 2017 (HC)

Ajit Goswami vs.sunita Bhati & Ors.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI $~12 * % + MAC.APP. 395/2014 and C.M. Appl. Nos.7537-38/2014 & Date of Decision:11. h October, 2017 5855/2015 1. AJIT GOSWAMI ..... Appellant Through: Ms. Suman Chauhan, Advocate versus SUNITA BHATI & ORS. ........ RESPONDENTS Through: Mr. Sunil Dalal, Advocate for respondents No.1 to 3 Mr. Pankaj Gupta proxy for Ms. Suman Bagga, Advocate for respondent No.5 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.14,81,272/- has been awarded to respondents No.1 to 3.2. The accident dated 23rd December, 2005 resulted in the death of Shivraj Singh Bhati. The deceased was survived by his widow and two children, who filed an application for compensation before the Claims Tribunal.3. The appellant is the owner of scorpio car bearing No.DL-3C-AS-0499 insured with respondent No.5. The appellant was proceeded ex parte before the Claims Tribunal whereas respondent No.5 ...

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Oct 10 2017 (HC)

Vintron Informatics Limited vs.dena Bank & Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI * % + W.P.(C) 9091/2015 & CM No.20581/2015 VINTRON INFORMATICS LIMITED Decided on:10. 10.2017 ........ Petitioner Through: Mr. N. Kumar, Advocate. versus DENA BANK & ORS ........ RESPONDENTS Through: Mr. Sudhir Nandrajog, Sr. Advocate along with Mr. Suresh Dutt Dobhal and Ms. Sonakshi Dhiman, Advocates. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA HON'BLE MS. JUSTICE DEEPA SHARMA1 The petitioner in the present petition, has challenged the order of the DRAT dated 24.08.2015 (hereinafter referred to as the impugned order).2. The brief facts of the case are that the respondent Nos.1 and 2 (contesting respondents) had filed OA No.561/1991 against the respondent No.3/Company and the petitioner herein before the DRT-II. In that OA, besides the claim relating to the respondent No.3 and the petitioner, other claims against other persons, independent of the claims against the petitioner and the respondent No.3 were also filed by ...

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