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Delhi Court November 2017 Judgments

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Nov 22 2017

Kevin Cc Wong vs.university of Delhi

Court: Delhi

Decided on: Nov-22-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:02.11.2017 Judgment delivered on:22.11.2017 + W.P.(C) 5960/2017 & C.M. Nos.24762/2017 & C.M. No.25079/2017 KEVIN CC WONG ........ Petitioner Through Mr. Arun Monga, Ms. Divya Sharma, Ms. Mascellina Kalikotey and Mr. Suryajyoti Paul Singh, Advs. versus UNIVERSITY OF DELHI ..... Respondent Through Mr. Mohinder J.S. Rupal and Mr. Prang Newmai, Advs. for R-1. Ms. Maneesha Dhir, Mr.Abhishek Kumar, Ms.Sharmistha Ghose and Mr. Mahipal Singh, Advs for R-2. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 The petitioner had applied for admission at the Delhi University in the sports quota in the year 2017-2018. He is stated to be a sportsman; proficient in the sports of badminton. In the trial held of the badminton W.P. (C) No.5960/2017 Page 1 of 10 players (between 27.06.2017 to 06.07.2017), the petitioner had reached the semi-final stage. The petitioner had been awarded 79 marks all inclusive which included his p...


Nov 22 2017

Oriental Insurance Co Ltd vs.smt Guddo & Ors

Court: Delhi

Decided on: Nov-22-2017

$~R-534 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:22. d November, 2017 + MAC.APP.722/2012 & CM117142012 ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. Tarkeshwar Nath with Mr. Saurabh Kumar Tuteja, Advocates versus ..Respondents SMT GUDDO & ORS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA Through: None. JUDGMENT (ORAL) 1. The liability to pay compensation on account of death of Rahul Singh in a motor vehicular accident that occurred on 23.11.2007 was fastened by the Tribunal, by its judgment dated 23.02.2012 on the accident claim petition (Suit No.209/10) of first and second respondents (collectively, the claimants), on the appellant (insurer), it admittedly having issued an insurance policy covering third party risk in respect of the offending vehicle, described as tractor bearing registration No.RJ-02-1R-2525. As per the evidence led, the tractor was driven in a negligent manner by the third respondent, it being registered in the name of the fourth respondent. Both the third...


Nov 22 2017

Smt. Lalita Devi & Ors. Vs.sh. Mukesh Kumar & Ors.

Court: Delhi

Decided on: Nov-22-2017

$~R-544-546 IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 757/2012 Decided on:-"22nd November, 2017 SMT. LALITA DEVI & ORS. ..... Appellants Through: Mr. S.N. Parashar, Adv. versus SH. MUKESH KUMAR & ORS. ........ RESPONDENTS Through: Mr. Sameer Nandwani, Adv. + MAC.APP.842/2012 NEW INDIA ASSURANCE CO.LTD. ..Appellant Through: None. versus SHAILENDRA KUMAR & ORS. .Respondents Through: Mr. S.N. Parashar, Adv. + MAC.APP. 843/2012 NEW INDIA ASSURANCE CO.LTD. ..Appellant Through: Mr. Sameer Nandwani, Adv. LALITA DEVI & ORS. ..Respondents Through: Mr. S.N. Parashar, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 19.03.2010, a motor vehicular accident took place involving negligent driving of motor vehicle described as tempo bearing MAC App. No.757, 842 & 843/2012 Page 1 of 5 registration No.DL-1LE-7450 which was admittedly insured against third party risk with the appellant (insurer) for the period in question, it resulting in Avdhesh Kumar and Shailendra Kumar sufferi...


Nov 22 2017

Paramount Coaching Centre Pvt Ltd. Vs.gopal Krishan @ Gopal Verma & An ...

Court: Delhi

Decided on: Nov-22-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d November, 2017. CS(COMM) 437/2017 & IA Nos. 7391/2017 (under Order XXXIX Rule 1 and 2 CPC), 7392/2017 (under Order II Rule 2 CPC), 9123/2017 (under Order VII Rule 11 CPC), 10556/2017 (under Order XXXIX Rule 2A CPC) and Crl.M.A.No.12978/2017 (under Section 340 Cr.PC) PARAMOUNT COACHING CENTRE PVT LTD. ..... Plaintiff Through: Mr. Murari Tiwari, Mr. Rahul Kumar & Mr. Devesh Gupta, Advs. Versus GOPAL KRISHAN @ GOPAL VERMA & ANR ...Defendants Through: Mr. K.Sunil and Mr. Sidhant Antil, Advs. for D-1 with D-1 in person. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW The plaintiff instituted this suit, pleading i) that the plaintiff is an 1. Institute imparting educational knowledge, of various competitive examinations, to the aspiring candidates and is highly popular throughout India; ii) on 1st August, 2013, the defendant No.1 Gopal Krishan @ Gopal Verma entered into a Memorandum of Understanding (MOU)/Agreement with the p...


Nov 22 2017

Rashtriya Vikas Samiti (Regd.) vs.north Delhi Municipal Corporation & ...

Court: Delhi

Decided on: Nov-22-2017

$~6 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9479/2015, CM Nos.22252/2015, 46294/2016 % & 6762/2017 Date of decision :22. d November, 2017 RASHTRIYA VIKAS SAMITI (REGD.) Through : Mr. Sanjay Gupta, ........ Petitioner versus Mr. Ateev Mathur and Ms. Jagriti Ahuja, Advs. NORTH DELHI MUNICIPAL CORPORATION & ORS ...... RESPONDENTS Through : Mr. Ajjay Aroraa, Adv. for NDMC. Ms. Jyoti Tyagi, Advs. for R-2. Mr. Naushad Ahmad Khan, ASC for GNCTD. Ms. Yeeshu Jain, Adv. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This writ petition was filed in public interest litigation with regard to land admeasuring 2655.20 sq. yds., stated to be forming part of property No.11231/32/XII situated at the revenue estate of Roop Nagar, Delhi. It is submitted by the learned counsel for the petitioner, that this land stood leased to the respondent no.2 and 3 for running of a school and that the respondents were arbitrarily ...


Nov 22 2017

National Highways Authority of India vs.gwalior Bypass Project Ltd

Court: Delhi

Decided on: Nov-22-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~27 * + O.M.P. (T) (COMM.) 92/2017 & IAs 13712-13/2017 & CAV10022017 NATIONAL HIGHWAYS AUTHORITY OF INDIA Date of decision:22. d November, 2017 ........ Petitioner Through: Mr.Shashi B.Upadhyay, Sr.Adv. with Mr.Ramesh Kumar, Mr.Nishant Kumar, Mr.Ananya Misra, Mr.Ashish Jacob Mathew Mr.Devansh Gupta, Advs. versus GWALIOR BYPASS PROJECT LTD ..... Respondent Through: Mr.M.K.Singh, Ms.Nitana Bandyopadhyay, Mr.Rahul Pandey, Mr.Akshat Vijpai, Ms.Shefali Chopra, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) CAV10022017 As the counsel for the respondent has entered appearance on receipt of advance notice, Caveat is discharged. He has been heard. OMP(T)(COMM) 92/2017 Page 1 IA137132017 Exemption allowed subject to all just exceptions. OMP (T)(COMM) 92/2017 1. This petition under section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner inter alia making the follow...


Nov 22 2017

Future Generali India Insurance Co Ltd vs.ankit Huda and Anr

Court: Delhi

Decided on: Nov-22-2017

$~R-533 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:22. d November, 2017 + MAC.APP. 721/2012 & CM117042012 FUTURE GENERALI INDIA INSURANCE CO LTD ... Appellant Through: Mr. Pankaj Gupta for Ms. Suman Bagga, Advocate versus ANKIT HUDA AND ANR Through: ...Respondents Mr. Navneet Goyal with Ms. Kavita Tyagi, Advocates for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent (the claimant) was 18 years old on 09.05.2010 when he suffered injuries in a motor vehicular accident that occurred due to negligent driving of motor vehicle described as Tata Ace bearing registration No.DL-1LM-4745. The injuries suffered by him included multiple fractures of the skull, nasal bone, jaw and other parts of the face, the right eye having been gouged out, the aftermath also affecting the vision in the left eye. On his accident claim case (MACT No.946/10) instituted on 02.07.2010, the Tribunal held inquiry and by judgment dated 07.06.2012, awarded compensation in the tota...


Nov 22 2017

Avdhesh Singh & Anr vs.up State Road Transport Corporation

Court: Delhi

Decided on: Nov-22-2017

$~R-543 & 543A * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:22. d November, 2017 + MAC APPEAL7532012 and CM121912012 UP STATE ROAD TRANSPORT CORPORATION Through: None versus ..... Appellant AVDHESH SINGH & ANR ........ RESPONDENTS Through: Ms. Kavita Tyagi for Mr. Navneet Goyal, Advocate + MAC APPEAL3722015 AVDHESH SINGH & ANR ..... Appellants Through: Ms. Kavita Tyagi for Mr. Navneet Goyal, Advocate versus UP STATE ROAD TRANSPORT CORPORATION Through: None ..... Respondent CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Master Karan @ Situ, a child aged 12 years, was travelling with his mother in a bus bearing registration no.UP-30A-5822 from Hardoi in U.P. to Delhi on 02.06.2008, the bus concededly belonging to Uttar Pradesh State Road Transport Corporation(UPSRTC) driven by its MAC Appeal No.753/2012 & 372/2015 Page 1 of 4 employee, Saravjit Singh. The driver had lost control over the vehicle and it ended up hitting against a stationary bus, this resulting in the chil...


Nov 22 2017

Tara Chand vs.govt of Nct of Delhi & Ors.

Court: Delhi

Decided on: Nov-22-2017

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:22. d November, 2017 + W.P. (C.) No.4751/2015 TARA CHAND Through Mr. Aagney Sail, Advocate versus ........ Petitioner GOVT OF NCT OF DELHI & ORS. ........ RESPONDENTS Through Ms. Jyoti Tyagi, Advocate for Mr. Yeeshu Jain, Standing Counsel for L&B/LAC. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. Counter affidavit has been handed over in Court by the counsel for the LAC. Copy has been supplied to the counsel for the petitioner.2. With the consent of the parties, the writ petition is taken up for final hearing and disposal.3. The present petition has been filed under Article 226 of the Constitution of India by the petitioner. The petitioner seeks a declaration that the acquisition proceedings with respect to the share of the petitioner in the land comprised in Khasra nos.1(1-17), 2(4-16), 3(5-04) and 9 min (4-16), situated in the revenue estate of village Kanjhawala in ...


Nov 22 2017

Union of India & Ors. Vs.u.s. Meena & Ors.

Court: Delhi

Decided on: Nov-22-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:22. 11.2017 W.P.(C) 525/2017 UNION OF INDIA & ORS. U.S. MEENA & ORS. versus ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners For the... RESPONDENTS :Mr. Kumar Rajesh Singh and Ms. Punam Singh, Advocates. :Mr. Ashok Singh, Advocate CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT SIDDHARTH MRIDUL, J (ORAL) 1. The present petition under Article 226 of the Constitution of India assails the order dated 2nd June, 2016 in O.A. No.1802/2014 titled as U.S. Meena & Ors. vs. Union of India & Ors.; and order dated 7th September, 2016 in Review Application No.186/2016 titled as Union of India & Ors. vs. U.S. Meena & Ors. in O.A. No.1802/2014, passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi. The facts, which are relevant for the adjudication of the present 2. petition are adumbrated in brief as follows:-"(a) The res...


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