Delhi Court November 2017 Judgments
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M/S Krypton Heights Builders vs.m/s Aercomfort Anushka j.v. & Ors.
Court: Delhi
Decided on: Nov-23-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) No.97/2017 + % M/s KRYPTON HEIGHTS BUILDERS23d November, 2017 ..... Plaintiff Through: Mr. Alok Tripathi, Adv. M/s AERCOMFORT ANUSHKA J.V. & ORS. versus ........ RESPONDENTS Through: Mr. Dinesh C. Pandey, Mr. Rajeev Gurung and Mr. Dhananjay Kumar Gupta, Advs. for D-1, 2, 4, 6 & 7 CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) IA No.10031/2017(u/O VII R-11 CPC by defendants No.1, 2, 4, 6 &7) 1. This is an application filed by defendants No.1, 2, 4, 6 and 7 under Order VII Rule 11 CPC for rejection of the plaint or dismissal of the suit. During the course of arguments this application is pressed for dismissing of the suit against defendants nos. 5 and 6 on the ground that these defendant nos. 5 and 6 are not the partners of the CS(COMM) No.97/2017 Page 1 of 5 defendant no.1 partnership firm. It is however conceded that defendant nos. 4 and 7 in fact became partners of the defen...
Rahul Gupta @ Manoj Kumar & Ors vs.oriental Insurance Co Ltd
Court: Delhi
Decided on: Nov-23-2017
$~R-555 & 556 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. d November, 2017 + MAC.APP.794/2012 ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. Pradeep Gaur, Advocate. versus RAHUL GUPTA @ MANOJ KUMAR & ORS .Respondents Through: Mr. O. P. Mannie, Advocate for R-1. + MAC.APP.542/2013 RAHUL GUPTA @ MANOJ KUMAR & ORS ..... Appellant Through: Mr. O. P. Mannie, Advocate. versus ORIENTAL INSURANCE CO LTD CORAM: HON'BLE MR. JUSTICE R.K.GAUBA Through: Mr. Pradeep Gaur, Advocate. .Respondents JUDGMENT (ORAL) 1. The claimant (appellant in MAC.appeal No.542/2013) had suffered injuries in a motor vehicular accident that occurred on 29.10.2005 involving negligent driving of a half body truck bearing registration No.HR-38/D-6016, admittedly insured against third party MAC App. No.794/2012 & 542/2013 Page 1 of 3 risk for the period in question with the Oriental Insurance Company Limited (the insurer). On his accident claim case (MACT No.309/10/06) instituted on 03.01.2006, the Tribuna...
Dr M M a Faridi vs.delhi University and Ors
Court: Delhi
Decided on: Nov-23-2017
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1780/2017 DR M M A FARIDI Through: Ms.Filza Moonis, Adovcate ........ Petitioner versus DELHI UNIVERSITY AND ORS ........ RESPONDENTS Through: Mr.Mohinder J.S.Rupal, Mr.Prang Newami and Ms.Slomita Rai, Advocates for R-1 to R-3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % ORDER2311.2017 This is second round of litigation for petitioner who has now retired as Director-Professor from GTB Hospital, Delhi. In the first round of litigation, it was directed that petitioner be provided personal hearing to seek redressal of his grievance regarding the seniority list of 29th May, 2015 and it was granted. In terms of the order passed in the first round of litigation, impugned order of 14th February, 2017 (Annexure P-31) has been rendered, reiterating the seniority position of fourth respondent. It is matter of record that the date of joining of fourth respondent was 8th March, 1997 whereas petitioner had joined the Department of Paediatrics on 15...
Kedar Singh vs.state Nct of Delhi
Court: Delhi
Decided on: Nov-23-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 16, 2017 Judgment Delivered on: November 23, 2017 CRL.A. 172/2011 KEDAR SINGH ..... Appellant Through: Mr.Murari Tiwari, Mr.Rahul Kumar & Mr.Devesh Gupta, Advocates with appellant in person versus STATE NCT OF DELHI ..... Respondent Through: Mr.Kewal Singh Ahuja, APP for the State CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI JUDGMENT1 Challenge in this appeal is to the judgment dated 24th December, 2010 and order on sentence dated 15th January, 2011 whereby the appellant, who was posted as Sub-Inspector at PS Bawana, has been convicted for committing offence punishable under Section 7 & 13(1)(d) of the PC Act and sentenced to undergo RI for one year with fine of 10,000/- and in default of payment of fine, to under SI for a period of one month.2. Briefly stating the prosecution case is that on 5th February, 2004 the complainant Ranbir Singh contacted Anti Corruption Branch and informed about the ongoing dispute bet...
Animesh Malik vs.oriental Insurance Co Ltd
Court: Delhi
Decided on: Nov-23-2017
$~R-552 & 553 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. d November, 2017 + MAC.APP.791/2012 ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. Pradeep Gaur, Advocate. versus ANIMESH MALIK & ORS + MAC.APP.590/2013 ANIMESH MALIK ..Respondents Through: Mr. O. P. Mannie, Advocate for R-1. ..... Appellant Through: Mr. O. P. Mannie, Advocate. versus ORIENTAL INSURANCE CO LTD CORAM: HON'BLE MR. JUSTICE R.K.GAUBA Through: Mr. Pradeep Gaur, Advocate. .Respondents JUDGMENT (ORAL) 1. The claimant (appellant in MAC.appeal No.590/2013) had suffered injuries in a motor vehicular accident that occurred on 29.10.2005 involving negligent driving of half body truck bearing registration No.HR-38/D-6016, admittedly insured against third party MAC App. No.791/2012 & 590/2013 Page 1 of 3 risk for the period in question with the Oriental Insurance Company Limited (the insurer). On his accident claim case (MACT No.310/10/06) instituted on 03.01.2006, the Tribunal held inquiry, and by judgment...
The New India Assurance Company Ltd. Vs.santosh & Ors.
Court: Delhi
Decided on: Nov-23-2017
$~R-558 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. d November, 2017 + MAC APPEAL8002012 and CM127082012 THE NEW INDIA ASSURANCE COMPANY LTD. Through: Mr. Shoumik Mazumdar, ..... Appellant versus Advocate SANTOSH & ORS. ...... RESPONDENTS Through: None CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. While awarding compensation in the total sum of Rs.22,72,512/-, with interest at the rate of 9% p.a., in favour of the first to sixth respondents (collectively, the claimants) on their accident claim case (MACT14910/08), instituted on 04.04.2008, on account of death of Ram Chander, in a motor vehicular accident that occurred on 25.08.2007, due to negligent driving of a motor vehicle described as a Crane bearing registration no.HR-39A-6721, the liability was fastened on the appellant (insurer) to pay, it having concededly issued an insurance policy covering third party risk for the crane for the period in question. The said compensation includes Rs.19,42,512/- towards lo...
Khubhi Ram vs.m/s. Ashok Leyland Ltd.
Court: Delhi
Decided on: Nov-23-2017
*IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:27. 10.2017 Judgment pronounced on:23. 11.2017 + W.P (C) No.18567/2004 KHUBHI RAM ........ Petitioner Through: versus Mr.Avadh Kaushik, Adv. M/S. ASHOK LEYLAND LTD. ..... Respondent Through: Mr.Arvind Kumar Gupta, Mr. Amit Mehta and Mr.Prashant Bhardwaj, Advs. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT1 These proceedings emanate from reference No.F.24 (1144)/93- LAB, whereby and whereunder the Government of National Capital Territory of Delhi, through the Secretary (Labour), referred an industrial dispute, raised by the petitioner, for adjudication to the learned Labour Court (II), Karkardooma. The contention of the petitioner was that, though he had served the respondent, as dispatch clerk, satisfactorily from 24th November 1986 to 20th August 1992, his services were abruptly terminated on 20th August 1992, without complying with the mandate of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred t...
Ashok Aggarwal vs.union of India
Court: Delhi
Decided on: Nov-23-2017
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:23. d November, 2017 + W.P.(C) 8380/2017 ASHOK AGGARWAL ........ Petitioner Through: Mr.S.K.Rout and Mr.Vinay Kumar, Advocates UNION OF INDIA versus ..... Respondent Through: Mr.Yeeshu Jain, Standing counsel for LAC/L&B with Ms.Jyoti Tyagi, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. Mr.Jain submits that it is not necessary to file reply to this petition.2. With the consent of the parties the writ petition is set down for final hearing and disposal.3. The petitioner seeks a direction to the Land Acquisition Collector, Distt. Shahdara to forward the reference petition filed on 05.05.2005 vide diary No.287/ADM/(Shahdara) to the court of Additional District Judge.4. As per the writ petition the petitioner is an interested person and in possession of the property bearing no.18A, Gali No.7, Friends Colony, Industrial Area, G.T.Road, Shahdara in the capacity of a tena...
Israel Aerosplace Industries Liaison Office vs.shri Sharda Institute o ...
Court: Delhi
Decided on: Nov-23-2017
$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1767/2015 & I.A. 682-683/2016 #12 ISRAEL AEROSPLACE INDUSTRIES LIAISON OFFICE ..... Plaintiff Through Mr. Rajesh Yadav with Mr. Rajesh Bhardwaj and Mr. Ajay Tejpal, Advocates versus SHRI SHARDA INSTITUTE OF INDIAN MANAGEMENT ..... Defendant Through Mr. Peeyoosh Kalra with Ms. Sona Babbar, Advocates Date of Decision:23. d November, 2017 % CORAM: HON'BLE MR. JUSTICE MANMOHAN MANMOHAN, J: (Oral) JUDGMENT1 Learned counsel for the plaintiff states that the plaintiff has removed its goods and equipments from the suit premises on 26th October, 2017.2. On the other hand, learned counsel for the defendant states that though the defendant has received physical possession vide e-mail dated 17th November, 2017, yet the premises are not fully vacant. He, however, states that as the plaintiff has stated in the said email that it does not intend to remove any further goods, the defendant has accepted the possession of the premises on 17th November...
Shriram General Insurance Co. Ltd. Vs.naresh & Ors.
Court: Delhi
Decided on: Nov-23-2017
$~R-547 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL7592012 Decided on:23. d November, 2017 SHRIRAM GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Priyadarsi Acharya, Advocate. versus NARESH & ORS. Through: None. ...... RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent (the claimant), then aged 36 years, earning his livelihood as a worker in a factory, suffered injuries in a motor vehicular accident that occurred on 23.03.2011 due to negligent driving of Truck bearing registration no.HR-69-4919, which was duly insured against third party risk with the appellant (the insurer) for the period in question. On his accident claim case (MACT case No.128/2011), the Tribunal, by judgment dated 17.05.2012, returned a finding that the accident had occurred due to negligent driving of the truck by the second respondent holding him and the third respondent (owner) jointly and severally liable to pay compensation. The MAC Appeal No.759/2012 P...
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