Delhi Court November 2017 Judgments
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Anita Punia & Ors vs.national Insurance Co. Ltd. & Ors
Court: Delhi
Decided on: Nov-28-2017
$~R-576 & 577 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h November, 2017 + MAC. APPEAL No.919/2012 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate. versus ..Respondents Through: Mr. Navneet Goyal, Advocate for R-1 to 4. ANITA PUNIA & ORS + MAC. APPEAL No.50/2015 ANITA PUNIA & ORS ..... Appellants Through: Mr. Navneet Goyal, Advocate. versus NATIONAL INSURANCE CO. LTD. & ORS ..Respondent CORAM: HON'BLE MR. JUSTICE R.K.GAUBA Through: Mr. Pankaj Seth, Advocate. JUDGMENT (ORAL) 1. Naresh Punia, then aged 33 years, then employed as Assistant Manager with Irkon International Limited, suffered injuries in a motor vehicular accident that occurred on 05.10.2006, due to negligent driving of motor vehicle described as Tata Safari bearing registration No.JK-02S-0066, which was duly insured against third party risk with National Insurance Company Limited (the insurer) for the period in MAC App. Nos. 919/2012 & 50/2015 Page 1 of 4 question and died in the ...
Anjan Kumar Mandal vs.union of India & Ors.
Court: Delhi
Decided on: Nov-28-2017
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:15. h November, 2017 Date of Decision:28. h November,2017 ANJAN KUMAR MANDAL ........ Petitioner Through Mr. Ankur Chhibber, Advocate. + W.P.(C) 8546/2016 versus UNION OF INDIA & ORS ..... Respondent Through Mr. Anuj Aggarwal with Ms. for Deboshree Mukherjee Respondent No.1,2 &3. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI JUDGMENT REKHA PALLI, J By the present petition, filed under Article 226 of the 1. Constitution of India, the petitioner, working on the post of Assistant Commandant in the respondent Nos.2 & 3/Central Reserve Police Force (hereinafter referred to as CRPF) has prayed for issuance of a writ of mandamus, directing the respondents to grant him seniority in the post of Assistant Commandant w.e.f. December, 2009, alongwith his batchmates of Batch No.41st and not with the Batch No.42nd, as has been granted to him. The petitioner has also prayed for all W.P.(C) 8546/2016 Page 1 of 9 consequen...
Manoj Bawa vs.government of National Capital Territory of Delhi & Ors.
Court: Delhi
Decided on: Nov-28-2017
$~25 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h November, 2017 + W.P.(C) 1617/2016 MANOJ BAWA Through: Ms. Deepika Marwaha and ........ Petitioner versus Ms. Worthing Kassar, Advs. GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ........ RESPONDENTS ORS. Through: Mr. Sanjay Kumar Pathak, Mr. Suil Kumar Jha and Mr. Kushal Raj Tater, Advs. for LAC/L&B/GNCTD. Mr. M.K. Singh and Mr. Rakesh Kumar, Advs. for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1.... Petitioner has filed the present petition under Article 226 of the Constitution of India seeking a writ of certiorari and declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra No.1805 admeasuring 3 Bighas and 10 Biswas having share of the land of the petitioner, situated in the Revenue Estate of Village Malikpur Kohi @ Rangpuri, New Delhi (hereinafter referred to as subject land) stand lapsed. W.P.(C...
Reliance General Insurance Co. Ltd. Vs.master Rajesh & Ors.
Court: Delhi
Decided on: Nov-28-2017
$~R-583 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h November, 2017 + MAC.APP. 935/2012 and CM APPL.15065/2012 (stay) RELIANCE GENERAL INSURANCE CO. LTD. ...... Appellant Through: Mr. Arun Yadav, Advocate Versus MASTER RAJESH & ORS. ........ RESPONDENTS Through: Mr. Navneet Goyal, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. While awarding compensation by judgment dated 17.07.2012, in accident claim case (MACT No.1125/10/09), in favour of the first respondent (claimant), for the injuries suffered by him in a motor vehicular accident that occurred on 02.02.2009, rendering him permanently disabled, his functional disability having been assessed to the extent of fifty five per cent (55%), the tribunal awarded Rs. 17,28,800/- as compensation and added the element of interest @ 12% per annum, as the liability on the appellant (insurer), it admittedly having insured the offending vehicle against third party risk for the period in question, this besides Rs.25,0...
Indu Bansal vs.state
Court: Delhi
Decided on: Nov-28-2017
$~OS-26 * % + TEST.CAS. 70/2014 INDU BANSAL Through Mr. D.D. Singh, Advocate ........ Petitioner STATE versus Through None ..... Respondent IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. 11.2017 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) The petitioner filed this present petition under section 278 and 300 of 1. the Indian Succession Act for grant of letter of administration with respect to the assets left behind by her deceased brother Late Shri Inderjeet Gupta (hereinafter referred to as the deceased).2. Brief facts leading to this petition are that the deceased was an employee of LIC deputed as an Administrative officer. On 29.10.2005 the deceased along with his wife, namely, Smt. Prachi Gupta and daughter, namely, Sonakshi Gupta expired in the bomb blast incident in Sarojini Nagar Market, New Delhi.3. The deceaseds parents also pre-deceased him making the petitioner, the real sister of the deceased, as the sole legal heir. TEST.CAS. 70/2014 Page 1 of ...
Triumphant Institute of Management Education Pvt. Ltd vs.mahesh Yadav ...
Court: Delhi
Decided on: Nov-28-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) No.934/2016 & I.A109962016 + % TRIUMPHANT INSTITUTE OF MANAGEMENT EDUCATION PVT. LTD. 28th November, 2017 Through: Ms. Bitika Sharma and Mr. ..... Plaintiff Lakshay Kaushik, Advocates. versus MAHESH YADAV & ANR. ..... Defendants CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. The present suit is filed by the plaintiff seeking the reliefs of injunction restraining the defendants from violating the rights in the trademark T.I.M.E (Triumphant Institute of Management Education) of the plaintiff. Causes of action are also pleaded and reliefs claimed for injunction on the basis of the defendants passing off the trademark of the plaintiff with respect to the services in question. Plaintiff also pleads unfair competition, dilution etc as also seeks reliefs of rendition of accounts and damages. CS(COMM) No.934/2016 Page 1 of 4 2. The case of the plaintiff is that plaintiff is the ow...
Mbl Infrastructures Ltd. Vs.union of India
Court: Delhi
Decided on: Nov-28-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI $~29 * + O.M.P.(I) (COMM.) 493/2017 Date of decision:28. h November, 2017 MBL INFRASTRUCTURES LTD. ........ Petitioner Through Mrs.Anusuya Salwan, Mrs.Renuka Arora and Ms.Nikita Salwan, Advs. versus UNION OF INDIA ..... Respondent Through Mr.Ramesh Singh, Standing counsel with Mr.Sandeepana Pathak, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) IA No.13917/2017 (Exemption) Allowed, subject to all just exceptions. O.M.P.(I) (COMM.) 493/2017 1. This petition under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner seeking an interim order restraining the respondent to act on its letter dated 31.10.2017 by which the respondent has sought to levy liquidated damages of Rs.3,18,69,940/- upon the petitioner under OMP(I)(COMM) 493/2017 Page 1 Clause 2 of the agreement for 130 days purported delay in completion of the project by the petitioner upto 31.03.2017.2. ...
Smt. Suman Sharma & Ors. Vs.national Insurance Co. Ltd.
Court: Delhi
Decided on: Nov-28-2017
$~R-579-580 (common order) IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h November, 2017 + MAC.APP. 925/2012 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate Versus SUMAN SHARMA & ORS. ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate + MAC.APP. 540/2013 SMT. SUMAN SHARMA & ORS. ..... Appellants Through: Mr. S.N. Parashar, Advocate Versus NATIONAL INSURANCE CO. LTD. ...... Respondent Through: Mr. Pankaj Seth, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Ram Kishan Sharma, then aged 42 years, an employee of Delhi Jal Board, working as Assistant Pump Driver, suffered injuries in a motor vehicular accident that occurred on 05.10.2010 and died in the consequence. At the time of the accident, he was riding a motorcycle bearing registration No.DL-13SC-8689 (the motorcycle). His wife and five other family members dependent on him (collectively, the MAC App. No.925/2012 etc. Page 1 of 5 claimants) instituted accident claim cas...
Punit Sharma vs.anil Kumar and Ors
Court: Delhi
Decided on: Nov-28-2017
$~R-578 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h November, 2017 + MAC. APPEAL No.922/2012 PUNIT SHARMA ..... Appellant Through: None. versus ..Respondents Through: None. ANIL KUMAR AND ORS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was the claimant before the Motor Accident Claims Tribunal in accident claim case (MACT Suit No.125/10) instituted on 14.02.2008, whereby he had sought compensation under Sections 166 and 140 of Motor Vehicles Act, 1988 for injuries suffered by him in a motor vehicular accident that had occurred on 16.04.2007.2. The Tribunal held inquiry and, on the basis of evidence led, accepted the said claim and awarded compensation in the sum of Rs.1,17,000/-, this inclusive of Rs.70,000/- for expenditure on treatment, Rs.10,000/- for pain and suffering, Rs.5,000/- for special diet and conveyance, Rs.8,000/- for attendant charges and Rs.24,000/- for loss of income. MAC App. No.922/2012 Page 1 of 2 3. The present appeal was file...
Achla Sabharwal vs.national Film Development Corp. Ltd. & Anr.
Court: Delhi
Decided on: Nov-28-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.917/2017 Reserved on:22. d November, 2017 Pronounced on :28. h November, 2017 + % ACHLA SABHARWAL ..... Appellant Through: Mr. Sudhir K. Singh, Advocate. versus NATIONAL FILM DEVELOPMENT CORP. LTD. & ANR. ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J CM No.39459/2017 (delay in filing) & CM No.39458/2017 (delay in re-filing) For the reasons stated in the applications, delays in filing and re-filing the appeal are condoned. CMs stand disposed of. RFA No.917/2017 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff impugning the judgment of the trial court dated 20.5.2017 by which RFA No.917/2017 Page 1 of 10 the trial court has dismissed the suit for recovery of Rs. 16 lacs on account of defendants telecasting the film Nehle Pe Dehla on 5.10.2007 allegedly without any permission as required fro...
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