Delhi Court November 2017 Judgments
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Bharat Broadband Network Limited vs.united Telecoms Limited
Court: Delhi
Decided on: Nov-22-2017
* + + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP(T)(COMM) 84/2017 OMP(T)(COMM) 85/2017 Reserved on:1. t November, 2017 Date of decision:22. d November, 2017 BHARAT BROADBAND NETWORK LIMITED ........ Petitioner Through Mr.Chandan Kumar and Mr.Rahul versus Kumar, Advs. UNITED TELECOMS LIMITED ..... Respondent Through Mr.Pawan Upadhyay, Mr.Rajesh Chhetri, Mr.Rajeev Chhetri and Ms.Meenakshi Rawat, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 These petitions raise an important and interesting issue of law arising out of Section 12(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) and proviso thereto. The question of law being as to whether a party, who appoints an arbitrator knowing fully well that such arbitrator is suffering from a disability that falls under any of the categories specified in the Seventh Schedule of the Act and shall be ineligible to be appointed as an arbitrator, can later challenge his appointment on the ground that he was ineligi...
Reckitt Benckiser (India) Ltd. Vs.hindustan Unileverltd
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) 629/2016 RECKITT BENCKISER (INDIA) LTD. ..... Plaintiff Through: Mr. Chander M. Lall, Sr. Adv. with Ms. Nancy Roy & Mr. Rupin Bahl, Advs. Versus HINDUSTAN UNILEVERLTD ..... Defendant Through: Ms. Rukhmini S. Bobde & Ms. Pratyusha Priyadarshini, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.10980/2014 (of the defendant under Section 151 CPC) 1. This application has been filed for rejection of evidence by way of affidavit filed by the plaintiffs witness.2. 3. The counsels have been heard. The contention of the counsel for the applicant / defendant is i) that certain portions of the affidavit by way of examination-in-chief are beyond pleadings; ii) that additional documents have been filed along with the affidavit, without permission having been sought therefor; iii) that portions of the affidavit by way of examination-in- chief are argumentative in nature and extracts of certain docum...
Roger Wilson vs.bajaj Allianz General Insurance Company Ltd. & Ors.
Court: Delhi
Decided on: Nov-22-2017
$~R-541 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL7482012 Decided on:22. d November, 2017 ROGER WILSON ..... Appellant Through: None versus BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. & ORS. ........ RESPONDENTS Through: None CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was a 15 year old boy, studying in eighth standard at the time of accident. On 03.07.2002 he suffered injuries in a motor vehicular accident that occurred due to negligent driving of car bearing registration no.DL-2CW-0719 (car). On his accident claim case (suit no.511/2004) instituted by his father and natural guardian on 07.05.2003, the Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 05.12.2011, awarded total compensation in the sum of Rs.5,09,000/- fastening the liability on the first respondent (insurer) to pay, it having admittedly issued an insurance policy covering third party risk in respect of the said car.2. The appeal at hand was filed seekin...
Prem Lata Bhatia & Ors. Vs.new Delhi Municipal Council
Court: Delhi
Decided on: Nov-22-2017
$~46 * % + PREM LATA BHATIA & ORS. IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:22. 11.2017 LPA7412017 .....Appellants Through: Mr. Darpan Wadhwa, Sr. Advocate with Mr. Nikhil Singhvi, Mr. Aubert Sebastian and Ms. Nikita Pandey, Advocates. NEW DELHI MUNICIPAL COUNCIL Versus ..Respondent Through: Mr. Arjun Mitra, Adv. for NDMC with Mr. Abhishek Misra and Ms. Jaskaran, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA S.RAVINDRA BHAT, J.(ORAL) CM APPL.42326 & 42327/2017 (exemption) Exemptions are allowed subject to all just exceptions. LPA7412017 & CM APPL.42325/2017 (stay) 1. Issue notice. Mr. Arjun Mitra, Advocate accepts notice on behalf of the respondent/New Delhi Municipal Council (hereafter referred to as NDMC). In view of the order that the Court proposes, learned counsel for the parties are agreeable for final disposal of this appeal.2. The grievance urged by the appellant is that on 07.12.2016, the assessing authority of the New De...
Jai Kishan Gupta vs.govt of Nct of Delhi & Ors.
Court: Delhi
Decided on: Nov-21-2017
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:21. t November, 2017 + W.P. (C.) No.4469/2015 JAI KISHAN GUPTA ........ Petitioner Through Mr. Ajay Kumar and Mr. Badal Dayal, Advocates versus 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. The present petition has been filed under Article 226 of the Constitution of India. The petitioner seeks a writ, order or direction in the nature of mandamus to issue a declaration to the effect that the Award no.2/DC(W)/2008-09 with respect to the land of the petitioner comprised in Khasra no.1006 measuring 1 bigha 8 biswa, falling in the extended Lal Dora of village Mundka, Delhi (hereinafter referred to as the subject land) is deemed to have lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehab...
Bijora Devi & Ors. Vs.hdfc Ergo General Insurance Company Ltd. & Ors.
Court: Delhi
Decided on: Nov-21-2017
$~R-528 & 529 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL7102012 Decided on:21. t November, 2017 HDFC ERGO GENERAL INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Neerja Sachdeva, Advocate versus BIJORA DEVI & ORS. ........ RESPONDENTS Through: Mr. D.S.Bora and Mr. R.S. Rawat, Advocates for the respondents / claimants + MAC APPEAL8442013 and CM183462013 & 19796/2015 BIJORA DEVI & ORS. ..... Appellants Through: Mr. D.S.Bora and Mr. R.S. Rawat, Advocates Versus HDFC ERGO GENERAL INSURANCE COMPANY LTD. & ORS. ........ RESPONDENTS Through: Ms. Neerja Sachdeva, Advocate for R-1 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Dinesh Singh, then aged 38 years, earning his livelihood as a driver, died due to the injuries suffered in a motor vehicular accident MAC Appeal No.710/2012 & 844/2013 Page 1 of 4 that occurred on 16.02.2011 due to the negligent driving of a motor vehicle described as one bearing registration no.HR-29-V-8707 admittedly insured against third party ...
Santosh Patro vs.national Insurance Co Ltd & Ors
Court: Delhi
Decided on: Nov-21-2017
$~R-530 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:21. t November, 2017 Through: None. ..... Appellant SANTOSH PATRO + MAC.APP.714/2012 versus NATIONAL INSURANCE CO LTD & ORS ....... RESPONDENTS Through: Mr. Pankaj Seth, Advocate. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant had suffered injuries in motor vehicular accident that occurred on 27.09.2008 due to negligent driving of truck trala bearing No.HR-38G-5967, admittedly insured against third party risk with the first respondent (the insurer). On his accident claim case (MACT suit No.11/09) instituted on 06.01.2009, the Tribunal concluded that he had suffered permanent functional disability which was assessed to the extent of 10% and, on that basis, awarded compensation in the total sum of Rs.2,18,000/-. The liability to pay was fastened on the insurer with interest at 7.5 %.2. By the appeal at hand the claimant sought enhancement of the compensation. During its pendency, with the permission taken f...
Pushpa Aggarwal vs.government of National Capital Territory of Delhi & ...
Court: Delhi
Decided on: Nov-21-2017
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:21. t November, 2017 + W.P. (C.) No.1262/2016 PUSHPA AGGARWAL ........ Petitioner Through Ms. Deepika V. Marawaha and Mr. Vaibhav Prakash, Advocates versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS. Through Mr. Sachin Nawani, Advocate for ........ RESPONDENTS L&B/LAC. Mr. Dhanesh Relan, Standing Counsel with Ms.Gauri Chaturvedi, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. Counter affidavit has not been filed by the LAC. Counsel for the LAC has handed over a copy of the counter affidavit in Court. Copy has been supplied to the counsel for the petitioner. The counter affidavit is taken on record.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.4. Counsel for the petitioner seeks a declara...
Naveen vs.rohit Kumar & Ors.
Court: Delhi
Decided on: Nov-21-2017
$~R-527 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL7092012 Decided on:21. t November, 2017 NAVEEN Through: versus ..... Appellant Ms. Aruna Mehta, Advocate ROHIT KUMAR & ORS. ........ RESPONDENTS Through: Mr. Pankaj Seth, Adv. for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was the claimant before the tribunal in accident claim case (MACT1242007) instituted on 06.02.2007 which was decided by judgment dated 15.11.2011 whereby compensation in the total sum of Rs.1,50,703/- was awarded for injuries suffered by him in a motor vehicular accident that occurred on 27.11.2006 due to negligent driving of a motor vehicle described as Tata Sumo bearing registration no.HR-55-BT-2466 admittedly insured against third party risk for the period in question with the third respondent (insurer). The Tribunal directed the insurer to pay the said compensation.2. The appeal at hand was filed with the grievance that the compensation is inadequate as there is no award ...
The New India Assurance Co Ltd vs.sanjeev Malhotra and Ors
Court: Delhi
Decided on: Nov-21-2017
$~R-523 and 524 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:21. t November, 2017 + MAC. APP6872012 & CM110862012 THE NEW INDIA ASSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate. versus SANJEEV MALHOTRA AND ORS Through: Mr. J.S. Kanwar, Advocate. ..Respondents + MAC. APP752015 versus SANJEEV MALHOTRA AND ORS Through: Mr. J.S. Kanwar, Advocate. ..Appellants THE NEW INDIA ASSURANCE CO LTD ..... Respondent Through: Mr. Pankaj Seth, Advocate. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 03.12.2009, a motor vehicular accident took place near the roundabout 25-31, Jalvayu Vihar, Noida, Gautam Budh Nagar, U.P., concededly involving two motor vehicles, one being motorcycle bearing registration No.DL-13S-2123 (the motorcycle) driven by Karan Malhotra (deceased) and the other being a Maruti WagonR car bearing registration No.DL-5CD-6960 (the car) admittedly driven by MAC App. No.687/2012 & 75/2015 Page 1 of 7 Babuddin (the respondent in these appeals), Karan...
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