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Delhi Court November 2017 Judgments

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Nov 29 2017

The New India Assurance Company Ltd. Vs.satpal & Ors.

Court: Delhi

Decided on: Nov-29-2017

$~R-584 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h November, 2017 + MAC APPEAL9362012 and CM147602012 THE NEW INDIA ASSURANCE COMPANY LTD. Through: Mr. Sameer Nandwani, ..... Appellant versus Advocate SATPAL & ORS. ........ RESPONDENTS Through: Mr. Sanjeev Srivastava, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent (claimant) had suffered injuries in a motor vehicular accident that took place on 25.02.2008 due to negligent driving of a motor vehicle described as Tata Sumo bearing Registration no.DL-3CW-6021 which was admittedly insured against third party risk for the period in question with the appellant (insurer). On his accident claim case (MACT8942008), instituted on 09.04.2008, the tribunal awarded compensation in the sum of Rs.6,49,041/-, by judgment dated 12.07.2012, and directed the insurer to pay with interest at the rate of 7.5% p.a. The said amount having been calculated thus :-"MAC Appeal No.936/2012 Page 1 of 4 2. i...


Nov 29 2017

Vinet Dargar vs.krishna Mohan Dargar & Ors

Court: Delhi

Decided on: Nov-29-2017

$~OS-6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:29. 11.2017 + CS(OS) 1531/2014, I.A. 10020/2014 & I.A. 12586/2015 VINET DARGAR ..... Plaintiff Through Mr.Anup J Bhambhani, Sr. Advocate with Mr.Setu Niket, Ms.Esha Mazumdar Mr.Nishant, Advocates. and versus KRISHNA MOHAN DARGAR & ORS ..... Defendants Through Mr.Pankaj Agarwal and Ms.Ayushi Agarwal, Advs. for D-2, 4 and 5. Mr.Vikas Nagpal, Adv. for D1. Mr.Bharat Sangal, Mr.R.R.Kumar, Ms.Anindita Detta and Ms.Isha Gupta, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. Pursuant to order of this court dated 17.04.2017, the learned senior counsel for the plaintiff has clarified that an affidavit has been filed and placed on record. He reiterates on instruction that the phrase concern as used refers to M/s AMF Exports which was a family business and was the sole proprietorship concern of defendant No.1. It is stated that this M/s AMF Exports continues to operate. In addition, there is a company AMF Exp...


Nov 29 2017

p.c.bhatnagar vs.air India Ltd & Anr

Court: Delhi

Decided on: Nov-29-2017

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: November 29, 2017 W.P.(C) 10634/2017 & CM No.43537/2017 P.C.BHATNAGAR ........ Petitioner Through: Mr. Sarfaraz Khan, Advocate versus AIR INDIA LTD & ANR ........ RESPONDENTS Through: Mr. Lalit Bhasin, Ms. Ratna Dwivedi Dhingra and Mr. Ajay Pratap Singh, Advocates for respondent-Air India Mr. Kamal Mehta, Advocate for respondent No.2-LIC of India CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) In this petition, the claim put forth by petitioner is for pension under the Indian Airlines Employees Self Contributory Superannuation Pension Scheme floated on 1st August, 2000.... Petitioner had made representations to seek pension under the aforesaid Scheme and first respondent vide Communication of 24th October, 2014 (Annexure P-2) had informed petitioner that his deposit of `1,41,169/- to purchase the annuity in his favour through LIC could not be undertaken due to unavoidable financial circumstances and change of Scheme from ...


Nov 29 2017

Smt. Bhagrati vs.govt. Of Nct of Delhi and Ors.

Court: Delhi

Decided on: Nov-29-2017

$~R66 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2017 * % + W.P.(C) 12139/2015 SMT. BHAGRATI Versus Through: Mr. Lalit K. Rawal and ........ Petitioner Mr. Sunil K. Goel, Advs. GOVT. OF NCT OF DELHI AND ORS. ........ RESPONDENTS Through: Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Adv. for L&B/LAC. Mr. Dhanesh Relan and Ms. Akshita Manocha, Advs. for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J (ORAL) 1. This is a petition filed under Article 226 of the Constitution of India filed by the petitioner. The petitioner seeks a declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra No.47 (15-5), 48 (01-00) and 49(12-19) total area measuring 29 Bighas and 4 biswas having 1/12th share measuring 02 bigha and 09 biswas situated in the revenue estate of village Ghonda Gujaran Khadar, Shahdara, Delhi (hereinafter referred to as subject land) is deemed to ...


Nov 29 2017

Vikash Sharma vs.south Delhi Municipal Corporation & Anr.

Court: Delhi

Decided on: Nov-29-2017

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10414/2017 % Date of Decision:29. h November, 2017 VIKASH SHARMA versus ........ Petitioner Through: Ms. Vijaylaxmi Jha, Adv. SOUTH DELHI MUNICIPAL CORPORATION & ANR ..... Respondent Through: Mr. Praveen Aggarwal, Adv. for R-1. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HONBLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This writ petition complains of illegal and unauthorized constructions in property bearing House No.886 (opposite State Bank of India) Ward No.8, Sarai Mehrauli, New Delhi 110030.2. The petitioner has filed the writ petition for the reason that despite a complaint made to the respondent No.1 on 9th November, 2017, no action has been taken so far.3. Mr. Praveen Aggarwal, learned counsel for the respondent No.1-South Delhi Municipal Corporation, appeared on advance notice on 27th November, 2017 and sought time to file the status report on behalf of the South Delhi Municipal Corporati...


Nov 29 2017

Rajeshwari vs.papu Sahani & Ors

Court: Delhi

Decided on: Nov-29-2017

$~R-587 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h November, 2017 + MAC. APPEAL9522012 RAJESHWARI ..... Appellant Through: Mr. S.N. Parashar, Advocate. versus PAPU SAHANI & ORS ..Respondents Through: Mr. A.K. Soni, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was 39 years old, earning her livelihood as a maid servant, when she suffered injuries in a motor vehicular accident, that occurred on 18.07.2010 due to negligent driving of tempo bearing registration No.DL-1LG-9915, which was insured against third party risk with the third respondent for the period in question. On her accident claim case (Suit No.1091/10), instituted on 21.08.2010, after inquiry the Tribunal rendered its judgment dated 02.02.2012, awarding compensation in the sum of Rs.4,62,000/- directing the insurer to pay with interest at the rate of 9% per annum, calculating it thus:-"MAC App. No.952/2012 Page 1 of 3 S.No.Heads Medical expenses Future expenses Compensat...


Nov 29 2017

Silicon Graphics Systems India Private Limited vs.special Director of ...

Court: Delhi

Decided on: Nov-29-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h November, 2017 CRL.A. 160/2016 & Crl.M.A. 2662/2016 (stay) SILICON GRAPHICS SYSTEMS INDIA PRIVATE LIMITED Represented by: Mr. Rajiv Tyagi, Mr. Divakar Kumar, Advs. ..... Appellant versus SPECIAL DIRECTOR OF ENFORCEMENT & ORS Represented by: Mr. Amit Mahajan, CGSC for UOI with Mr. Kunal Dutt, Adv. ..... Respondent CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Appellant imported certain equipments from its parent company having its office at California, USA and applied to the Reserve Bank of India for release of foreign exchange for remittances against the imports. It is the case of the appellant that the documents of title to the imported goods were routed through Citi Bank and upon receipt of the goods at the Indian Port the appellant filed the Bills of Entry with the Customs Authorities for clearance of the goods and the bankers copy with the City Bank to remit the foreign exchange in respect of the impor...


Nov 29 2017

Max Healthcare Institute Limited vs.sahrudya Health Care Private Limit ...

Court: Delhi

Decided on: Nov-29-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:21. t September, 2017 Decided on:29. h November, 2017 CS(COMM)866/2016 MAX HEALTHCARE INSTITUTE LIMITED ..... Plaintiff Represented by: Mr.Sandeep Sethi, Sr.Advocate with Mr.Manish Dhir, Advocate versus SAHRUDYA HEALTH CARE PRIVATE LIMITED ..... Defendant Represented by: Mr.Sudhir Chandra Aggarwal, Sr.Advocate with Ms.Swathi Sukumar and Ms.Surya Rajappan, Advocates CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA IA No.11405/2016 (u/O VII R11read with Order I Rule 9 CPC by the defendant) 1. By this application the defendant seeks rejection of the plaint on the ground of non-joinder of necessary parties and non-disclosure of vital facts. Learned counsel for the defendant submits that vide order dated 20th July, 2016 when summons were being issued in the suit, the plaintiff had given up the prayer in clause 44(A)(b) which is of passing off while confining the reliefs in terms of clauses 44(A)(a), (B), (C) and (D).2. Learned counsel for the ...


Nov 29 2017

Regen Powertech Private Limited vs.green Infra Wind Solutions Assets L ...

Court: Delhi

Decided on: Nov-29-2017

$~30 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P.(I) 25/2017 Date of decision:29. h November, 2017 REGEN POWERTECH PRIVATE LIMITED ........ Petitioner Through Mr.Jayant Mehta, Mr.Anshul Raajan and Mr.S.Aravindan, Advs. versus GREEN INFRA WIND SOLUTIONS ASSETS LIMITED & ANR. ........ RESPONDENTS Through Mr.Abhinav Vasisht, Sr. Adv. Sengupta, and with Mr.Shankh Abraham Ms.Tine Ms.Prerna Jain, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner seeking an order restraining respondent No.1 from invoking or receiving money under the Performance Bank Guarantees bearing Nos.0993017BG0000153 dated 21.07.2017 and N81GPGE171850001 dated 04.07.2017. OMP(I) 25/2017 Page 1 2. Learned counsel for respondent No.1 had entered appearance on advance notice and has been heard in objection to the petition. As a very limited order of pro...


Nov 29 2017

Nema Singh Otti vs.union of India & Ors

Court: Delhi

Decided on: Nov-29-2017

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date Of Decision:-"29th November, 2017. + W.P.(C) 463/2017 NEMA SINGH OTTI ........ Petitioner Through Ms. Saahila Lamba, Advocate versus UNION OF INDIA & ORS ..... Respondent Through Mr. Anurag Ahluwalia, Advocate with Mr. Vinod Kumar, Deputy Commandant, BSF and Mr. Rajbir Singh, Head Constable CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI HIMA KOHLI, J (ORAL) 1. The petitioner has filed the present petition aggrieved by the order dated 22.01.2016, informing him that his case for promotion to the rank of Deputy Commandant in the Border Security Force(hereinafter referred to as BSF) by way of relaxation in qualifying mandatory Command and Logistic Course had been examined by the competent authority and was rejected.2. The brief facts of the case are that the petitioner had joined the BSF on W.P.(C) 463/2017 page 1 of 6 05.12.1988 as a Sub-Inspector and was promoted to the post of Assistant Commandant with effect from...


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