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Delhi Court October 2017 Judgments

Oct 10 2017

The Bhajanpura Co-Operative Thrift & Credit Society Ltd. & Ors vs.unio ...

Court: Delhi

Decided on: Oct-10-2017

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7494/2017 & C.M. No.30902/2017 THE BHAJANPURA CO-OPERATIVE THRIFT & CREDIT SOCIETY LTD. & ORS ........ Petitioners Through: Mr. Vipin Dilawari and Mr. Pravendra Sharma, Advocates. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Abhay Prakash Sahay, CGSC for UOI/R-1. Mr. Naushad Ahmad Khan, ASC (GNCTD) for R-2. Mr. Sunil Kr. Jha & Mr. Amrendra Kr. Choubey, Advocates for R-3, R-4 and R-5. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % The petitioners are aggrieved by the order dated 04.08.2017, passed ORDER1010.2017 1. by the Assistant Registrar conveying the approval of the competent authority to appoint an Inquiry Officer under Section 61 of the Delhi Cooperative Societies Act, 2003 (in short the Act) in respect of the petitioner No.1/Society. The Inquiry Officer has been directed to complete the inspection and submit a report in the light of the allegations of corruption and misappropriatio...

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Oct 10 2017

National Insurance Co Ltd vs.neetu Verma & Ors

Court: Delhi

Decided on: Oct-10-2017

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: October 10, 2017 + MAC APPEAL No.967/2015 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Adv. versus NEETU VERMA & ORS ........ RESPONDENTS Through: Mr. Ghanshyam Thakur, Adv. for R-1 & 2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The claim petition (MACT No.1086/2007) instituted on 19.12.2007 by the first and second respondents (collectively, the claimants) sought compensation under the structured formula in terms of Section 163-A of Motor Vehicles Act, 1988 on account of death of Ravinder Kumar in a motor vehicular accident that occurred on 14.05.2007 while he was driving truck bearing registration No.HR-69- 4524.2. The Tribunal after inquiry, by judgment dated 16.09.2015, accepted the above said claim and awarded compensation in the total sum of Rs.4,72,500/- fastening the liability on the appellant which was the insurer of the stationary truck. The background facts as noted in MAC Appeal No...

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Oct 10 2017

Ram Kishan & Ors. Vs.rajbir Singh & Ors.

Court: Delhi

Decided on: Oct-10-2017

$~R-303 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:10. h October, 2017 + MAC APPEAL No.159/2011 RAM KISHAN & ORS. ..... Appellants Through: None. versus RAJBIR SINGH & ORS. ........ RESPONDENTS Through: Mr. J.P.N. Shahi, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Praveen, a bachelor, aged about 22 years, son of the appellants, suffered injuries in a motor vehicular accident that occurred on 17.11.2006 due to negligent driving of motor vehicle described as Rural Tansport Vehicle bearing registration No.DL1A3303(RTV) and died in the consequence. Accident claim case (MACT No.144/2008) was instituted on 17.07.2007 seeking compensation impleading the driver, owner and insurer of the RTV, they now being first to third respondents in the appeal. The case was clubbed by the tribunal for inquiry with another similarly placed case arising out of the same accident. Both cases were decided by common judgment dated 01.10.2010. In the claim submitted by the appel...

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Oct 10 2017

Union of India & Anr vs.swati Srivastava

Court: Delhi

Decided on: Oct-10-2017

$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.8542/2017 Date of Decision:10. h October, 2017. ....... Petitioners UNION OF INDIA & ANR. Through: Mr.Ripu Daman Versus Bhardwaj, CGSC with Mr.R.R. Sinha, Jt. Director (Legal). SWATI SRIVASTAVA ....Respondent Through: Ms.Jyoti Singh, Sr. Adv. with Mr.Padma Kumar S, Mr.Sethu Ramalingam and Ms.Tinu Bajwa, Advs. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The present writ petition assails the order dated 6th April, 2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.3809/2014 whereby the Tribunal had allowed the Original Application filed by the Respondent. The Respondent who is presently working as a Scientist `C in the... Petitioner-Defence Research Development Organization (DRDO), had filed the aforesaid Original Application challenging the order dated 10th October, 2014 whereby her WP(C) No.8542/2017 Page 1 of 24 appointment as Scientist `B ...

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Oct 10 2017

Delhi Development Authority vs.m/s n.n Buildcon Pvt Ltd.

Court: Delhi

Decided on: Oct-10-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: October 10, 2017 + FAO(OS) (COMM) 173/2017 & C.Ms. 34005-06/2017 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through: Mr. Rajiv Bansal, Senior Advocate with Ms.Kanika Singh, Ms. Vasudha Trivedi & Ms. Kanika Singhal, Advocates Versus M/S N.N BUILDCON PVT LTD. ..... Respondent Through: Mr. V.K. Jhanji, Senior Advocate with Ms. Jyoti Mendiratta & Ms. Deeksha Kakkar, Advocates CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR S. RAVINDRA BHAT, J.(OPEN COURT) 1. The Delhi Development Authority (DDA) in this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) challenges the decision of the learned Single Judge rejecting its petition under Section 34 of the Act. The petitioner had challenged the legality and correctness of the Award of the arbitral tribunal dated 02.02.2017.2. The DDA had awarded the contract to the respondent (hereinafter referred to as ...

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Oct 10 2017

Kamlesh Srivastava vs.laxmi Devi

Court: Delhi

Decided on: Oct-10-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:10. 10.2017 CM(M)1227/2013 & CM No.17969/2013 KAMLESH SRIVASTAVA ....Petitioner Through Mr.Sanjeev Kumar, Adv. Versus LAXMI DEVI... RESPONDENTThrough Mr.Manoj Kumar Duggal, Adv. with respondent in person CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. Present petition is filed under Article 227 of the Constitution of India seeking to challenge the order dated 23.9.2013 passed by the Rent Control Tribunal/District Judge confirming an eviction order passed under section 14(1)(a) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act).2. The respondent/landlord filed a petition under section 14(1)(a) of the DRC Act seeking eviction of a portion of the property described in the petition as House No.126, Block B, Pocket 6, Sector-7, Rohini, Delhi. It was further stated that the rent was Rs.660/- per month which at present is Rs.726/- per month. The premises are said to have been let out in 1994. It ...

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Oct 10 2017

Narender Kumar Shah Proprietor M/S Jay Bharat Steel vs.m/s Sai Kripa E ...

Court: Delhi

Decided on: Oct-10-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:10. h October, 2017 CS(OS) 431/2010 NARENDER KUMAR SHAH PROPRIETOR M/S JAY BHARAT STEEL Represented by: Mr. Roshan Santhalia, Adv. ..... Plaintiff versus M/S SAI KRIPA ENGINEERING WORKS Represented by: Mr. Kumar Dushyant Singh, ..... Defendant Mr. Siddharth Dutta, Mr. Mukul Lather, Adv. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) IA93632015 (u/O IX R13CPC by Defendant) and IA93642015 (for delay of 65 days) in CS(OS) 431/2010.1. By IA No.9363/2015, the defendants seek setting aside of the ex-parte decree dated 9th July, 2014 passed against the defendants for recovery of a sum of 27,70,389/- and by IA No.9364/2015 condonation of delay of 65 days in filing IA No.9363/2015.2. Claim of the defendants in the two applications is that initially the suit was filed against defendant No.1 which is a partnership firm and no service was affected on defendant No.1. Later on the application of the plaintiff under Order I Rule 1...

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Oct 10 2017

Engineering Projects(india) Limited vs.mizoram Rural Bank

Court: Delhi

Decided on: Oct-10-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:10. h October, 2017 CS(OS) 2038/2009 ENGINEERING PROJECTS(INDIA) LIMITED ..... Plaintiff Represented by: Mr. Shekhar Gupta and Mr. Mohd. Talha, Advocates. versus MIZORAM RURAL BANK ..... Defendant Represented by: Ms. Biji Rajesh and Mr. Pushkar Taimni, Advocates. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) I.A. No.16511/2009 (under Order XXXVII Rule 3 (5) CPC) 1. The plaintiff has filed the present suit under Order XXXVII CPC seeking a decree against the defendant bank for a sum of 1,18,37,396/- which included the principal amount of 1,05,69,102/- along with interest @18% per annum w.e.f. 1st January, 2009 to 31st August, 2009 amounting to 12,68,293/- based on the four bank guarantees issued by the defendant bank.2. The claim of the plaintiff in the suit is that the plaintiff is a Government of India enterprise and a company incorporated under the Companies Act engaged in the business of carrying out large scale ...

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Oct 10 2017

Baby Kotil vs.charan Singh & Ors.

Court: Delhi

Decided on: Oct-10-2017

$~R-296 & 297 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:10. h October, 2017 + MAC APPEAL972011 BABY KOTIL ..... Appellant Through: Mr. Navneet Goyal, Advocate versus CHARAN SINGH & ORS. ........ RESPONDENTS Through: Mr. Kanwal Chaudhary, Adv for R-3. + MAC APPEAL982011 and CM175602011 DHEERAJ KUMAR JATAV ..... Appellant Through: Mr. Navneet Goyal, Advocate versus CHARAN SINGH & ORS. ........ RESPONDENTS Through: Mr. Kanwal Chaudhary, Adv. for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellants in these two appeals arising out of the same motor vehicular accident are cousins. While Dheeraj Kumar Jatav (appellant in MACA982011) was 15 years old and riding the bicycle, Kotil (appellant in MACA972011) was his cousin sister, aged 9 years, riding on the pillion of the said bicycle. On 25.09.2005 at about MACA9798/2011 Page 1 of 4 4.30 p.m. in the area of Main Road Bus Stand, Khera Khurd, Delhi, their bicycle was hit by a truck bearing registration no.RJ-02-G...

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Oct 10 2017

M/S Seth & Sons Private Limited vs.arjun Uppal & Anr

Court: Delhi

Decided on: Oct-10-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:10. 10.2017 RC.REV. 116/2016 M/S SETH & SONS PRIVATE LIMITED ........ Petitioner Through Mr. Sunil Dalal and Ms.Payal Juneja, Advocates. versus ARJUN UPPAL & ANR ........ RESPONDENTS Through Mr.Nikhil Singhvi, Mr.Nakul and Ms.Nikita Pandey, Advocates. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.CM No.38827/2016 This is an application filed under Order 41 Rule 27 CPC to bring on record additional documents. It is stated in the present application that certain documents which were not on record earlier have come to the knowledge of the petitioner regarding ownership of the property. It is stated that based on information obtained it has emerged that the Delhi Waqf Board is the owner of the suit property and not the respondents. One Gurcharan Singh is stated to had filed an RTI whereby a reply was received allegedly stating that the tenanted properties are owned by the Waqf Board. RC REV.116/2016 Page 1 of 17 The adm...

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