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Delhi Court October 2017 Judgments

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Oct 30 2017

Amit Kaushik & Anr vs.union of India & Anr.

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

Sukhbir Singh & Ors. Vs.icici Lombaard General Insurnace Co. Ltd.

Court: Delhi

Decided on: Oct-30-2017

$~R-371 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h October, 2017 + MAC APPEAL No.652/2011 SUKHBIR SINGH & ORS. ..... Appellants Through: Mr. S.N. Parashar, Adv. versus ICICI LOMBAARD GENERAL INSURNACE CO. LTD. Through: Mr. Pankaj Gupta for Ms. ..... Respondent Suman Bagga, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The Tribunal, by judgment dated 16.03.2011, in accident claim case (suit No.226/2010) instituted by the appellants (collectively, the claimants) has awarded compensation on account of death of Surinder Pal in motor vehicular accident that occurred on 20.03.2005 due to negligent driving of car bearing registration No.DL5P0054 fastened the liability on the first respondent (insurer), it admittedly having issued an insurance policy covering third party risk in respect of the said vehicle for the period in question, determining the compensation in the total sum of Rs. 11,60,000/- adding the element of interest @ 7.5 % per annum.2. The a...


Oct 30 2017

Parineeta (Minor Through Mother) vs.harshit Kumar & Ors.

Court: Delhi

Decided on: Oct-30-2017

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h October, 2017 + MAC APPEAL9432017 & CM No.38818/2017 & CM No.38817/2017 PARINEETA (MINOR THROUGH MOTHER) ..... Appellant Through: Mr. Saurabh Kansal with Ms. Pallavi S. Kansal, Advs. versus HARSHIT KUMAR & ORS. ........ RESPONDENTS Through: Mr. Shaumik Mazumdar, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (MACT APP No.177/2017) instituted on 31.01.2017 on behalf of the appellant (the claimant) in the wake of the detailed accident report (DAR) submitted by the police on the basis of the evidence gathered during investigation of corresponding first information report No.690/2016 registered at police station, Jaitpur, compensation in the lump sum amount of Rs. 10,000 has been awarded for injuries suffered by her in motor vehicular accident that took place on 07.12.2016, statedly due to the negligent driving of motor vehicle bearing registration No.DL-3SCV- 4870, admittedly insured a...


Oct 30 2017

Manoj Gupta vs.munna Lal Sadh

Court: Delhi

Decided on: Oct-30-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % MANOJ GUPTA RFA No.151/2005 Reserved on:23. d October, 2017 Pronounced on:30. h October, 2017 ..... Appellant Through: Mr. Vipin K. Saini, Advocate versus with appellant in person. Through: Mr. M.L.Sharma, Advocate. ..... Respondent MUNNA LAL SADH CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the trial court dated 15.9.2004, by which trial court has decreed the suit for specific performance filed by the respondent/plaintiff and has directed the appellant/defendant to execute the sale deed with respect to the suit property being the ground floor and the first floor of the property No.254, part of Khasra No.378, measuring 160 sq. yards, Masjid Moth, New Delhi. RFA No.151/2005 Page 1 of 18 2.(i) The facts of the case are that the respon...


Oct 30 2017

Sapna Sinha and Ors vs.govt. Of Nct Through Chief Secretary and Ors

Court: Delhi

Decided on: Oct-30-2017

$~23 & 24 *IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 765/2013 & CM No.1470/2013 SAPNA SINHA AND ORS Date of decision :30. h October, 2017 ........ Petitioners + Through : Mr. Ajay Loraiya, Adv. along with the petitioners in person. versus GOVT. OF NCT THROUGH CHIEF SECRETARY AND ORS Through : Mr. Rajeshwar Dagar, Adv. ........ RESPONDENTS Hony. Secretary DCBA. W.P.(C) 812/2014 RAJESH RAI Through : Mr. Ajay Loraiya, Adv. along ........ Petitioner versus with the petitioner in person. DISTRICT JUDGE & ORS. ........ RESPONDENTS Through : Mr. Rajeshwar Dagar, Adv. Hony. Secretary DCBA. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 The instant petitions relate to allotment of chambers in the District Courts at Dwarka, New Delhi. The writ petitions have been W.P.(C)Nos.765/2013 & 812/2014 Page 1 of 9 filed by lawyers who have been denied allotment by virtue of formulation of the District Courts Dwarka L...


Oct 30 2017

Arun Kumar vs.state of Nct of Delhi

Court: Delhi

Decided on: Oct-30-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 927/2017 % ARUN KUMAR ........ Petitioner Through: Mr.Simpy Arman Sharma, Advocate versus STATE OF NCT OF DELHI ..... Respondent Through: Mr.Mukesh Kumar, APP for State with SI Praveen from Police Station- Narela. CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL ORDER3010.2017 1. By this second application filed under Section 439 of Cr.P.C., the petitioner seeks regular bail in FIR No.7under Section 302/307/3Indian Penal Code, 1860 read with 25/25(54)/Arms Act, 1959, registered at Police Station, Narela, Delhi.2. The case in hand was registered on the complaint of the respondent Ramesh Chand Garg. He stated that on 17.06.2014 at about 6:10 am, he went to his shop and was getting his goods unloaded. That about 7:40 am Maruti Eeco Car No.DL-8CR-8722 of white colour stopped near his shop and two boys came out of the car and forced him to sit in the car at gun point. He further stated that when he refused to submit, one among the ...


Oct 30 2017

R. K. Yadav vs.union of India and Anr.

Court: Delhi

Decided on: Oct-30-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: October 30, 2017 + W.P.(C) 9497/2017 & C.M. 38607-08/2017 R. K. YADAV Through: Mr. Satish Tamta, Senior Advocate with Mr. Dhruv Tamta, Advocate ........ Petitioner 1. Versus UNION OF INDIA AND ANR. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Through: Nemo. JUDGMENT (ORAL) By way of this petition, petitioner, who is a dismissed employee of The Research & Analysis Wing (RAW), seeks reconsideration of his case on compassionate grounds to sustain himself.2. Learned senior counsel for petitioner submits that petitioner is 67 years of age and he was dismissed from service on 21st October, 1989 and that the said order has attained finality in the year 2002. Learned senior counsel further submits that petitioner is dependent upon his son, who is not financially sound to bear the burden of his medical expenses. During the course of hearing, it was pointed out that in the year 2004, petitioner had represented to the Presi...


Oct 30 2017

India Infoline Ltd. Vs.santosh Kumar Saxena & Ors.

Court: Delhi

Decided on: Oct-30-2017

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.25/2017 30th October, 2017 Through: Mr. Ajit Rajput, Adv. ..... Appellant INDIA INFOLINE LTD. SANTOSH KUMAR SAXENA & ORS. versus ........ RESPONDENTS Through: Mr. Santosh Kumar Saxena, Respondent No.1 in person. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This First Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) is filed against the judgment of the court below dated 27.7.2016 by which the court below has dismissed objections under Section 34 of the Act.2. A reading of the judgment shows that the impugned judgment dated 27.7.2016 is not a judgment in the eyes of law. A judgment before it is called a judgment must discuss the issues at hand, how those issues are decided including how the issues are dealt FAO No.25/2017 Page 1 of 5 with under the Award by the Arbitrator. Impugned judgment only refers to the law ...


Oct 30 2017

Chitra Sharma vs.airline Allied Services Ltd & Anr.

Court: Delhi

Decided on: Oct-30-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. 10.2017 Pronounced on:30. 10.2017 LPA1422017 & CM No.7912/2017 CHITRA SHARMA ..... Appellant Through: Mr. Ashwarya Sinha, Advocate versus AIRLINE ALLIED SERVICES LTD & ANR. ........ RESPONDENTS Through: Mr. Abhinav Agnihotri & Ms. Abhilasha Singh, Advocates for respondent No.1 Ms. Anjana Gosain & Ms. Rabiya Thakur, Advocates for respondent No.2 CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR MR. JUSTICE S. RAVINDRA BHAT1 The appellant is aggrieved by the dismissal of her writ petition, by a learned single judge, through his judgment, dated 30 November 2016. She had claimed a direction to the respondent Airlines Allied Services Ltd (hereafter Airlines Allied) a Central public sector company and a subsidiary of Air India Ltd. Airlines Allied provides support services to Indian Airlines such as air transport services; it also provides air transport services under the name "Alliance Air" to renew her ...


Oct 30 2017

M/S s.p.virmani & Sons Pvt. Ltd. Vs.m/s Otc Exchange of India

Court: Delhi

Decided on: Oct-30-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.576/2005 + % M/S S.P.VIRMANI & SONS PVT. LTD. 30th October, 2017 ..... Appellant Through: Mr. K.R.Chawla, Adv. versus M/S OTC EXCHANGE OF INDIA CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent 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 appellant/plaintiff in the suit impugning the judgment of the trial court dated 20.5.2005 whereby the trial court had dismissed the suit for recovery of Rs.8,79,625/-. Out of the sum of Rs.8,79,625/- a sum of Rs.6,25,000/- was the principal amount and the balance amount was claimed as interest. The suit was filed by the appellant/plaintiff seeking recovery of the principal with interest by pleading that the amount deposited by the appellant/plaintiff with the respondent/defendant for being appointed as a dealer of the respondent/defendant could not have been RFA No.576/2...


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