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Delhi Court October 2017 Judgments

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Oct 30 2017

Om Prakash@ Sonu vs.ram Mehar & Ors.

Court: Delhi

Decided on: Oct-30-2017

$~R-372 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h October, 2017 + MAC APPEAL No.664/2011 OM PRAKASH@ SONU ..... Appellant Through: Mr. S.N. Parashar, Adv. versus RAM MEHAR & ORS. ........ RESPONDENTS Through: Mr. R.K. Tripathi, Adv. for insurance company. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (suit No.50/2004) instituted on 27.01.2004 by the appellant/claimant, the tribunal by its judgment dated 17.01.2011, returned a finding that he had suffered injuries in a motor vehicular accident that had occurred on 06.12.2003 due to negligent driving of a motor vehicle bearing registration No.HR38FT3633rendering him permanently physically handicapped, as certified by a board of doctors of All India Institute of Medical Sciences (Ex.PW-1/2), his functional disability being assessed at 20%. The tribunal awarded compensation in the total sum of Rs. 1,86,462/- and directed the third respondent (insurer) to pay the same with interest @ 7.5...


Oct 30 2017

Monsanto Holdings Pvt Ltd vs.m/s u.k. Agri Seeds & Anr

Court: Delhi

Decided on: Oct-30-2017

$~24 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 177/2016 MONSANTO HOLDINGS PVT LTD ..... Plaintiff Through Ms.Nancy Roy with Mr.Rupin Bahl, Advocates. versus M/S U.K. AGRI SEEDS & ANR ..... Defendants Through Mr.Sunil Verma with Mr.Mohinder Singh Sachdeva, Advocates for D-2. Date of Decision:30. h October, 2017 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral) I.A.No.12393/2017 1. Present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiff and defendant no.2 as well as by the authorized representatives of the said parties.2. Present application is also supported by the affidavits of authorized representative of the plaintiff and one of the partners of defendant no.2. CS (COMM) 177/2016 Page 1 of 6 3. Both the learned counsel state that the matter has been compromised qua defendant no.2 in accordance with the Settlement terms mentioned in the present application.4. Both t...


Oct 30 2017

Meena Devi & Anr. Vs.shiv Dutt & Ors.

Court: Delhi

Decided on: Oct-30-2017

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h October, 2017 + MAC APPEAL4592017 & CM No.18305/2017 & CM No.18307/2017(delay) MEENA DEVI & ANR. ..... Appellant Through: Mr. Manoj Bhandari, Adv. versus SHIV DUTT & ORS. ........ RESPONDENTS Through: Ms. Neha Jain (proxy) for Mr. Ravin Rao, Advs. for R1 &R2. Mr. Pankaj Gupta Bagga for Ms. Suman Bagga, Adv. for R3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (petition No.76601/2016) instituted on 14.08.2013 by the appellants (collectively, the claimants), the Motor Accident Claims Tribunal, by judgment dated 19.09.2016, awarded compensation under section 166 of the Motor Vehicles Act, 1988 in the sum of Rs. 42,66,660/-, fastening the liability on the third respondent (the insurer) to pay with interest, the said amount being the compensation on account of death of their bachelor son Sapan Gupta in motor vehicular accident that had occurred on 17.06.2013, after deducting an amount of Rs...


Oct 30 2017

Sunil Kumar Dhankar vs.govt. Of Nct of Delhi & Ors.

Court: Delhi

Decided on: Oct-30-2017

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:30. h October, 2017 + W.P.(C) 9210/2015 SUNIL KUMAR DHANKAR ........ Petitioner Through: Mr. B.S. Maan with Mr. Vishal Maan, Advs. versus GOVT. OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Mr. Siddharth Panda, Adv. for... RESPONDENTS no.1 and 2. Mr.Preet Oberoi and Mr.Devansh Jain, Advocates for Mr.Vaibhav Agnihotri, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1.... Petitioner contends that the acquisition proceedings in respect of the land of the petitioner measuring 1008 square yards comprised in Khasra No.316/274 (1-0) total measuring 1 Bigha situated in Revenue Estate of Village Said-ul-Jab, Tehsil Saket, New Delhi stands lapsed in view of Section 24 (2) of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as New Act) in view of the fact that the compensation ...


Oct 30 2017

Rajesh Saini vs.government of National Capital Territory of Delhi & Or ...

Court: Delhi

Decided on: Oct-30-2017

$~10, 11 * % + W.P. (C.) No.8324/2014 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:30. h October, 2017 RAJESH SAINI Through Mr. P.S. Bindra with Mr. Savi Abbot, Ms. Seema Saini and Mr. Prince Saini, Advocates ........ Petitioner versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS. ........ RESPONDENTS Through Mr. Siddharth Panda, Advocate for respondents no.1 and 2. Mr. Sanjeev Sabharwal, Standing Counsel with Mr. Hem Kumar, Advocates for DDA. Ms. Mini Pushkarna, Standing Counsel for respondent no.2/SDMC. + W.P. (C.) No.8591/2015 AMIT KAUSHIK & ANR ........ Petitioners Through Mr. Keshav V. Hedge, Advocate versus UNION OF INDIA & ANR. ........ RESPONDENTS Through Mr. Siddharth Panda, Advocate for respondents no.1 and 2. Mr. Arun Birbal with Mr. Rohan Mehra and Mr. Sanjay Singh, Advocates for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. The present two petitions have been filed under Article 226 of the Con...


Oct 30 2017

Suman & Ors vs.madan Kumar & Ors

Court: Delhi

Decided on: Oct-30-2017

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 633/2011 SUMAN & ORS Decided on:30. h October, 2017 ..... Appellants Through: Ms. Aruna Mehta, Advocate versus CORAM: HON'BLE MR. JUSTICE R.K.GAUBA MADAN KUMAR & ORS JUDGMENT (ORAL) ........ RESPONDENTS Through: Mr. Navneet Goyal, Adv. for R-2 Mr. Sameer Nandwani, Adv. for R-3 1. Trivendra Nath, aged about 36 years (born on 19.09.1973), working as Assistant Design Engineer with SMS India Pvt. Ltd., suffered injuries in a motor vehicular accident that occurred on 19.08.2009 due to the negligent driving by the first respondent (driver) of truck bearing registration no.HR-38C-7827 and died in the consequence. The truck admittedly is registered in the name of the second respondent (owner) and was concededly insured against third party risk for the period in question with the third respondent (insurer).2. On the accident claim case (suit no.349/2009) instituted on 14.09.2009 by the appellants (collectively, the claimants), they being ...


Oct 30 2017

Smt. Babli vs.bijendra Kumar & Ors.

Court: Delhi

Decided on: Oct-30-2017

$~R-374 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h October, 2017 + MAC APPEAL No.670/2011 SMT. BABLI ..... Appellant Through: Mr. R.K. Bachchan, Adv. versus BIJENDRA KUMAR & ORS. ........ RESPONDENTS Through: Mr. Arihant Jain, Adv. for Ms. Shantha Devi Raman, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant, then aged 32 years, in private employment, suffered injuries in motor vehicular accident that occurred on 30.08.2007 and has been rendered permanently disabled. On her accident claim case (MACP8232010), instituted on 26.09.2007, the Tribunal, by judgment dated 29.04.2011, assessed her functional disability to the extent of 45% and awarded Rs. 5,55,000/- as compensation with interest @ 7.5 % per annum, fastening the liability to pay on the third respondent (insurer), it having concededly issued an insurance policy covering third party risk in respect of the vehicle described as Dumper Tata truck bearing No.HR38 3539. MAC Appeal No.6...


Oct 30 2017

44, Noida Infratech (Two) Private Limited vs.sanwariya Gas Limited & O ...

Court: Delhi

Decided on: Oct-30-2017

$~17 * + IN THE HIGH COURT OF DELHI AT NEW DELHI EX.P. 504/2015 & Ex.Appl.(OS) 1193-1194/2015, 217/2016, 377/2016, 449/2016 44, NOIDA INFRATECH (TWO) PRIVATE LIMITED ..... Decree Holder Through Mr.Suhail Dutt, Sr.Advocate with Mr.Abhishek Seth, Mr.Kushagra Sah and Mr.Azhar Alam, Advocates. versus SANWARIYA GAS LIMITED & ORS ..... Judgement Debtors Through Mr.Ratan K.Singh with Mr.Abhishek Iyer and Mr.Prabodh Shukla, Advocates. Date of Decision:30. h October, 2017 % CORAM: HON'BLE MR. JUSTICE MANMOHAN MANMOHAN, J (Oral) JUDGMENT1 On 30th August, 2017, this Court had passed the following order:-" Learned counsel for both the parties have drawn this Courts attention to the order dated 29th August, 2016, whereby another execution petition being Ex.P.No.117/2016 between the same parties has been transferred to a Court situated at Bullandshehar, U.P. for further proceedings. This Court is prima facie of the opinion that in accordance EX. P. 504/2015 Page 1 of 5 with the aforesaid order, even...


Oct 30 2017

Krishan Murari Mehra vs.state

Court: Delhi

Decided on: Oct-30-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 2002/2017 Order reserved on:25. h October, 2017 Order pronounced on:30. h October, 2017 KRISHAN MURARI MEHRA .Petitioner Through: Mr. Mohit Chaudhary, Mr. Kunal, Mr.Saurabh Nangia, Advocates. Versus STATE ..Respondent Through: Mr. Mukesh Kumar, APP for the State with SI Harendra Singh, P.S. Kotwali, Delhi. CORAM: HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL1 By way of the present petition filed under Section 438 of the Code of Criminal Procedure (hereinafter referred Cr.PC.), the petitioner seeks grant of Anticipatory Bail in FIR No.239/2017 under Sections Drugs and Cosmetics Act registered at Police Station Kotwali, New Delhi. Status report is on record.2. The brief facts of the case are that complainant Vishal Sachan of the Drugs Control Department F-17, Karkadooma Delhi on 07-09- 2017 along with other witnesses inspected the premises of a small protein supplement shop M/s Ashish Medicos", situated at Shop No.1704 G. F, Bhagirat...


Oct 30 2017

Sandeep vs.the State of Nct of Delhi

Court: Delhi

Decided on: Oct-30-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 976/2017 RAMESH KUMAR Through: Mr. R.K. Lamba, Advocate. ..Petitioner Versus THE STATE OF NCT OF DELHI Through: Mr. Akshai Malik, APP for State. ..Respondent BAIL APPLN. 1336/2017 VIKRANT BIRLA@KATTU ....Petitioner Through: Mr. Arvind Nayyar, Senior advocate, with Ms. Megha Sharma, Advocate. Versus THE STATE OF NCT OF DELHI Through: Ms. Anita Abraham, APP for State. ..Respondent BAIL APPLN. 1496/2017 SANDEEP Through: Mr. Anirudh Yadav, Advocate ..Petitioner Versus THE STATE OF NCT OF DELHI CORAM: HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL Mr. Akshai Malik, APP for State. Through: Through: % ORDER3010.2017 1. By this common order, I shall dispose of the petitions filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), whereby the petitioners seek grant of BAIL APPLN. 976/2017 & CONNECTED MATTERS Page 1 of 6 Regular Bail in FIR No.469/2014 under Section 147/148/149/302/307 of the Ind...


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