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Delhi Court October 2017 Judgments

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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...


Oct 30 2017

Shila & Anr vs.jitender & Anr

Court: Delhi

Decided on: Oct-30-2017

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h October, 2017 + MAC.APP. 518/2015 and CM383952017 SHILA & ANR ..... Appellants Through: Mr. Anshuman Bal, Advocate versus CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JITENDER & ANR JUDGMENT (ORAL) Through: Mr. J.P.N. Shahi, Adv. for R-2 ........ RESPONDENTS 1. The appellant had instituted accident case (suit no.261/14) on 16.07.2012 before the Motor Accident Claims Tribunal (Tribunal) at New Delhi district seeking compensation on account of death of Vikas Giri in a motor vehicular accident that statedly occurred on 19.04.2012 in the area of Sectors 60 & 61 of police station Sector 58, Noida, U.P. on account of the negligent driving of a bus bearing registration No.UP-16AT-6199 admittedly insured against third party risk with the second respondent (insurer) for the period in question. The appellants / claimants are concededly natives of District Mathura in U.P. They had instituted the accident claim case declaring their residential...


Oct 30 2017

Birender Singh Yadav vs.cbi

Court: Delhi

Decided on: Oct-30-2017

$~68-71 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 849/2017 BIRENDER SINGH YADAV C B I versus + CRL.M.C. 930/2017 RAVINDER SINGH versus .....Petitioner ....Respondent ....Petitioner CENTRAL BUREAU OF INVESTIGATION ..... Respondent + CRL.M.C. 934/2017 SUSHIL KUMAR JAIN CENTRAL BUREAU OF INVESTIGATION versus + CRL.M.C. 935/2017 MUKESH KUMAR CENTRAL BUREAU OF INVESTIGATION versus .....Petitioner ..... Respondent ....Petitioner ....Respondent Present: Mr. Sanjeev Bhandari, Advocate for CBI. CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL ORDER3010.2017 Mr. Sanjeev Bhandari, Counsel for the CBI has mentioned the matter on the ground that in the order dated 30.10.2017, at various places it is mentioned that he represents the CBI, however inadvertently in the appearance column his name has not been mentioned. Heard Appearance of order dated 30.10.2017 be read as under :-""Present: Mr. Sudhir Nandrajog, Senior Advocate with Mr. Manish Tiwari, Mr.Anil Kumar, Mr. Alok Sharma, Advocat...


Oct 30 2017

Rekha Devi & Ors vs.nand Kishore Jha & Ors

Court: Delhi

Decided on: Oct-30-2017

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h October, 2017 + MAC.APP. 838/2011 REKHA DEVI & ORS ..... Appellants Through: Mr. Amit Kumar Pandey, Advocate versus NAND KISHORE JHA & ORS ........ RESPONDENTS Through: Mr. Pradeep Gaur, Advocate for R-3/insurance company CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) The accident claim case (suit no.45/2010) instituted on 1. 02.07.2003 by the appellants under Section 163-A of the Motor Vehicles Act, 1988 was dismissed by the Motor Accident Claims Tribunal (Tribunal) by judgment dated 19.03.2011 on the ground that the deceased Prem Chand Srivastava while driving three wheeler scooter bearing registration no.DL-1RG-9610(TSR) on 16.06.2002 at the time of its collision involving Opel car bearing registration no.DL- 2CH-4325 (car) himself was negligent.2. The claimants had impleaded as respondents to the claim petition not only the owner and insurer of the TSR, they being the first MAC Appeal No.838/2011 Page 1 of 3 and ...


Oct 30 2017

Ebbani Aggarwal and Anr. Vs.sdmc and Anr

Court: Delhi

Decided on: Oct-30-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. 10.2017 + W.P.(C) 1758/2005 LT. COL. B.B. SHARAN (RETD) ........ Petitioner Through :... Petitioner in person. MCD AND ANR. versus ........ RESPONDENTS Through : Sh. Anil Grover, Standing Counsel with Ms. Kanika Singh, ASC; Ms. Mishal Vij, Sh. Rishi Vohra and Sh. Jitender. K. Tripathi, Advocates, for NDMC. Sh. Tarveen Singh Nanda and Sh. Rahul Singhal, Advocates, for DCB. Sh. Satyakam, ASC with Sh. Akshay Agarwal, Advocates, for GNCTD. Ms. Sakshi Popli, Advocate, for DJB. Sh. Rajan Tyagi, Advocate, for EDMC. Sh. Bhagvan. S. Shukla, CGSC with Sh. Shambhu Chaturvedi, Advocates, for UOI. Sh. Rajeev Bansal, Sr. Advocate with Sh. Shlok Chandra and Sh. Ritesh Kumar Sharma, Advocates, for DDA. Sh. Harshit Bansal, Legal Assistant, DSIIDC. + W.P.(C) 1783/2014, C.M. APPL.19009-10/2015 EBBANI AGGARWAL AND ANR. ........ Petitioners Through :... Petitioner in person. SDMC AND ANR. versus ........ RESPONDENTS Through : Sh. Rajiv Bansal, Sr. Ad...


Oct 30 2017

Anupam Gupta vs.the State (Govt. Of Nct of Delhi)& Ors.

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) 9515/2017 ANUPAM GUPTA Versus ........ Petitioner Through: Mr. Firoze Ahmed Khan, Advocate THE STATE (GOVT. OF NCT OF DELHI)& ORS.... RESPONDENTS Through: Mr. Rajat Malhtora & Mr. Sunil Malhotra, Advocates 1. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL Vide advertisement of 20th May, 2017, Delhi State Legal Services Authority had invited applications from acid attack victims for their rehabilitation under the Victim Compensation Scheme, 2011, which was replaced by Delhi Victims Compensation Scheme, 2015. The vacancies advertised of Lower Divisional Clerk (LDC) were 12 in number. The petitioner claims to be an acid attack victim and she is said to have applied for the post of Lower Divisional Clerk in pursuance to the above advertisement on the basis of Medical Certificate of 12th April, 2017 (Annexure P-3) issued by Dr. Kalpana V. Ramani, CDMO and Dr. Mahesh, Medical Officer, North District, ...


Oct 30 2017

M/S Hari Kiripa vs.union of India & Ors

Court: Delhi

Decided on: Oct-30-2017

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9378/2017 M/S HARI KIRIPA ........ Petitioner Through: Mr Mukesh Anand, Advocate. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr Amit Mahajan, CGSC. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER3010.2017 VIBHU BAKHRU,J CM No.38223/2017 1. Allowed, subject to all just exceptions. W.P.(C) 9378/2017 & CM No.38222/2017 2.3. Issue notice. The learned counsel for the respondents accepts notice. The petitioner has filed the present petition, inter alia, praying as under:-"a. b. for quashing of Issue a writ of certiorari for any appropriate writ /order / directions impugned provisional attachment Order No.01/2017 passed under Section 5(1) of the Prevention Of Money Laundering Act, 2002 by respondent No.2 thereby declaring the action of the respondents as law being not sustainable. Issue a writ MANDAMUS or any other appropriate writ order or Injunction directing the respondents not to illegal and bad in W.P. (C) 9378/2017 ...


Oct 30 2017

Jagbir Singh & Ors vs.union of India Through Lac & Anr.

Court: Delhi

Decided on: Oct-30-2017

$~14 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:30. h October, 2017 + W.P. (C.) No.4603/2015 JAGBIR SINGH & ORS ........ Petitioners Through Mr. Anuroop P.S., Advocate versus UNION OF INDIA THROUGH LAC & ANR. ........ RESPONDENTS Through Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Mr. Arjun Pant, Advocate 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 petition has been filed under Article 226 of the Constitution of India by the petitioners seeking a declaration that the proceedings in respect of land comprised in Khasra no.1911/882(1-4), 1915/924-925(3-8), 4065/1659(10-0), 2021/956 (7-4) and 979(3-18) situated in the revenue estate of Village Tughlaqabad, New Delhi (hereinafter referred to as the subject land) acquired vide Award no.50/A/Supp/1969-70 dated 04.11.1981 having lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land...


Oct 30 2017

Asha Verma & Anr. Vs.hdfc Ergo Genral Insurance Company Ltd

Court: Delhi

Decided on: Oct-30-2017

$~12 & 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h October, 2017 + MAC.APP. 618/2017 and CM Nos.25495-25496/2017 HDFC ERGO GENERAL INSURANCE CO LTD..... Appellant Through: Mr. A.K. Soni, Advocate versus ASHA VERMA & ORS ........ RESPONDENTS Through: Mr. Dwapayan Gupta and Mr. Umesh Kumar, Advocates + MAC.APP. 942/2017 and 38718-38719/2017 ASHA VERMA & ANR ..... Appellants Through: Mr. Dwapayan Gupta and Mr. Umesh Kumar, Advocates versus HDFC ERGO GENRAL INSURANCE COMPANY LTD Through: Mr. A.K. Soni, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On accident claim case (MACT47542016) instituted on 27.07.2016 by the wife and son of Vikas Verma (deceased), they being appellants in MACA9422017, the Motor Accident Claims Tribunal (Tribunal), by judgment dated 16.02.2017, granted MAC A Nos.618/2017 & 942/2017 Page 1 of 3 compensation in the sum of Rs.69,70,000/- and held HDFC Ergo General Insurance Co. Ltd. (appellant in MACA6182017) liable...


Oct 30 2017

National Insurance Co Ltd vs.rattan Lal & Ors

Court: Delhi

Decided on: Oct-30-2017

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h October, 2017 + MAC.APP. 1173/2014 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Arihant Jain for Ms. Shantha Devi Raman, Advocate versus CORAM: HON'BLE MR. JUSTICE R.K.GAUBA RATTAN LAL & ORS JUDGMENT (ORAL) Through ........ RESPONDENTS 1. The insurance company was burdened with the liability to pay the compensation by the tribunal by its judgment dated 19.09.2014 in accident claim case (case no.615/2010) instituted by the first respondent (claimant) awarding compensation for injuries suffered by him in a motor vehicular accident that had occurred on 28.11.2010 due to the negligent driving of a container bearing registration no.HR-46B- 0925 by the second respondent (driver), the vehicle being registered in the name of the third respondent (owner). The insurance company had raised the plea of breach of the terms and conditions of the insurance policy on the ground that there was no valid permit or fitness certifica...


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