Delhi Court November 2017 Judgments
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Ahuja Builders vs.doonvalley Technopolis Pvt Ltd
Court: Delhi
Decided on: Nov-06-2017
$~17 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 3205/2015 AHUJA BUILDERS ..... Plaintiff Through Mr.Rajesh Arya with Mr.Abhay Mahajan, Advocates. DOONVALLEY TECHNOPOLIS PVT LTD versus ..... Defendant Through Mr.Keshav Mohan with Mr.Rishi K.Awasthi, Advocates. Date of Decision:06. h November, 2017 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) I.A.Nos.12362-12363/2017 1. While I.A.No.12363/2017 has been filed seeking leave to leave the instant suit, I.A.No.12362/2017 has been filed seeking condonation of delay of 271 days in re-filing the I.A.No.12363/2017.2. In the leave to defend application, it has been averred that the present suit is not maintainable as the contract dated 08th December, 2008 executed between the parties contains an Arbitration Clause. It is further contended that the amount claimed in the present suit has been deducted by the defendant from the bills of the plaintiff for defect and delay in completion of contractual work and also for cha...
Pradeep Govil vs.medical Council of India & Ors
Court: Delhi
Decided on: Nov-06-2017
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3407/2017 & CM No.14904/2017 PRADEEP GOVIL ........ Petitioner MEDICAL COUNCIL OF INDIA & ORS Through: Mr K. G. Sharma, Advocate. versus ........ RESPONDENTS Through: Mr T. Singhdev, Ms Amandeep Kaur, Mr Tarun Verma and Ms Riya Sarkar, Advocates for R-1. Mr Praveen Khattar and Mr Bapi Das, Advocates for D-2. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER0611.2017 VIBHU BAKHRU, J1 The petitioner a practicing medical doctor has filed the present petition impugning an order dated 18.11.2016 (hereafter the impugned order) passed by the Medical Council of India (hereafter MCI).2. The impugned order was passed in an appeal preferred by Mr Ram Singh Panwar (respondent no.3) against an order dated 30.07.2015 passed by the Delhi Medical Council (hereafter DMC). The petitioners principal grievance is that the punitive measure of warning as was issued by DMC by its order dated 30.07.2015 has been sustained by MCI against the petitioner a...
New India Assurance Co. Ltd. Vs.pushpa Sharma and Ors
Court: Delhi
Decided on: Nov-06-2017
$~R-409 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:6. h November, 2017 + MAC.APP. 987/2011 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr.Pankaj Seth, Advocate versus PUSHPA SHARMA AND ORS ........ RESPONDENTS Through: CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 29.08.2001, a motor vehicular accident took place involving negligent driving of Tata Indica car bearing registration no.DL-4CM9076by the second respondent (driver), the said vehicle being registered in the name of the third respondent (registered owner) at whose instance the appellant (insurer) had issued an insurance policy covering third party risk for the period in question. In the accident, Ashok Kumar, a bachelor, aged 45 years, suffered injuries and died in the consequence. The accident claim case (suit no.05/07/10) was instituted on 04.04.2007 by his mother, seeking compensation impleading the said driver, owner and insurer of the car as party respondents. MAC Appeal No.987/2011 Page 1...
Uttar Pradesh State Road Transport Corporation vs.phool Kumari & Ors.
Court: Delhi
Decided on: Nov-06-2017
$~R-405 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:6. h November, 2017 + MAC APPEAL No.948/2011 UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Ms. Garima Prashad, Adv. versus PHOOL KUMARI & ORS. ........ RESPONDENTS Through: Mr. Sanjeev Srivastava, Adv. for R-1 to 3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Dharmender, aged 20 years, a bachelor, working for gain as an electrician, was present in the area of Bus Terminus at Ajmeri Gate, Delhi on 03.08.2009, when he came to be crushed to death upon being sandwiched between two buses, both of Uttar Pradesh State Road Transport Corporation (UPSRTC), one bearing registration no.UP32CN0906and the other bearing registration No.UP32 CN0926 While the first said bus was stationary, the second said bus was moving, it being driven by Lal Singh, an employee deployed by UPSRTC. His mother and minor sisters, they being the respondents (collectively, the claimants), instituted accident claim case (suit...
Anil Bhasin vs.imarti Devi
Court: Delhi
Decided on: Nov-06-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:6. h November, 2017 RC.REV. 266/2017 & CMs No.21625/2017 (for stay) & 39606/2017 (of petitioner for early hearing) ANIL BHASIN ........ Petitioner Through: Mr. Shahid Ali, Mr. Umardaraj and Ms. Bushra Hasan, Advs. Versus ..... Respondent IMARTI DEVI Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 20th March, 2017 in E No.292/2014 (New No.80119/2016) of the Court of Additional Rent Controller (ARC)-02 (Central), Tis Hazari Courts, Delhi]. of eviction, after full trial, of the petitioner from property No.5626, Ward No.16, Gali No.76-77, Block-A, Regharpura, Karol Bagh, New Delhi-05.2. The petition came up before this Court first on 24th May, 2017, when the notice of this petition was ordered to be issued, though recording that the impugned order was of dismissal of the application for leave to de...
M/S Fairgrowth Exports (P) Ltd. Vs.sanjay Chaudhary
Court: Delhi
Decided on: Nov-06-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.429/2017 + % M/S FAIRGROWTH EXPORTS (P) LTD. Through: versus SANJAY CHAUDHARY CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA6h November, 2017 ..... Appellant Mr. Deepak Jain, Advocate. ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This First Appeal is filed under Order XLIII (1) (d) CPC challenging the impugned order passed by the court below dated 8.8.2017 by which the application filed by the appellant/defendant under Order IX Rule 13 CPC has been dismissed.2. The facts of the case are that the respondent/plaintiff filed the subject suit against the appellant/defendant for recovery of Rs. 10,52,365/- along with interest pleading that respondent/plaintiff had supplied various ladies suits etc to the appellant/defendant and the appellant/defendant had issued various cheques for payment. These FAO No.429/2017 Page 1 of 7 cheques were however dishonoured, and therefore, after serving the demand notice dat...
Rakesh Narang vs.delhi Development Authority
Court: Delhi
Decided on: Nov-06-2017
$~17&18 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:06. 11.2017 LPA1832016, CM APPL.9871-9872/2016 RAKESH NARANG ..... Appellant versus DELHI DEVELOPMENT AUTHORITY ..... Respondent LPA1842016, CM APPL.9880/2016 & 41018/2016 NAVJOT PAL SINGH RANDHAWA & ANR ..... Appellants versus DELHI DEVELOPMENT AUTHORITY & ORS.... RESPONDENTS Appearance: Mr. Sandeep Bajaj with Ms. Soayib Qureshi and Ms. Akanksha Nehra, Advocates for appellant in LPA1832016. Mr. Ved Prakash Sharma with Ms. Amrit Kaur Oberoi and Ms. Abha Sharma, Advocates for appellant in LPA1842016. Ms. Shobhna Takiar, Advocate for DDA with Mr. Udyan Khandelwal, Advocate, in both appeals. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA S.RAVINDRA BHAT, J.(ORAL) 1. By the common impugned order, the learned Single Judge of this Court dismissed two writ petitions which had sought directions and ITA183& 184/2016 Page 1 of 10 intervention of the Court against the DDA and the other respondents f...
Oriental Insurance Co. Ltd. Vs.gian Singh & Ors.
Court: Delhi
Decided on: Nov-06-2017
$~403 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL9262011 Decided on:06. h November, 2017 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Praveen Sehrawat, Mr. Abhishek Kumar and Mr. Vijay Singh, Advocates versus GIAN SINGH & ORS. Through: ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 10.08.2004, a motor vehicular accident took place wherein a pedestrian Tirath Ram Arora was hit by a motor vehicle described as truck Swaraj Mazda bearing registration no.HP-64-0325 (the truck) resulting in his death. An accident claim case (case no.1060/2008) was instituted on 01.06.2006 by his sons (third and fourth respondents) seeking compensation under Section 166 of the Motor Vehicles Act, 1988 on the averments that death had occurred due to the accident which had been caused on account of the rash driving of the truck by the second respondent (driver). The truck was registered on the relevant date in the name of the first respondent (registered o...
A.k. Tandon vs.central Bank of India & Anr.
Court: Delhi
Decided on: Nov-06-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 06, 2017 + W.P.(C) 359/2016 A.K. TANDON Through: Mr. Umesh Singh, Advocate ........ Petitioner Versus CENTRAL BANK OF INDIA & ANR. ........ RESPONDENTS Through: Mr.O.P. Gaggar, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL1 Consequent upon infliction of penalty of compulsory retirement upon petitioner, respondents vide impugned order of 16th April, 2014 (Annexure- PP), have forfeited the gratuity payable to petitioner. Vide another order of 13th October, 2015 (Annexure P-6), petitioners leave encashment also stands forfeited.2. At the outset, learned counsel for respondents submits that the remedy available to petitioner against forfeiture of gratuity is to approach the Controlling Authority under The Payment of Gratuity Act, 1972 and to submit so, reliance is placed upon decision of a Coordinate Bench of this Court in Ms. Neeru Abrol Vs. Chairman & Managing Director National Fertilizers Limited & Anr 2...
M/S Bombay Dyeing Mfg. Industries vs.delhi Development Authority
Court: Delhi
Decided on: Nov-06-2017
$~2 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:6. h November, 2017 RSA2442013 M/S BOMBAY DYEING MFG. INDUSTRIES ..... Appellant Through: Mr. Sanjay S. Chabbra, Advs. versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through: Mr. Dhanesh Relan, Ms. Akshita Mandha & Ms. Kajri Gupta, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. This court in the proceedings recorded on 02.08.2017 noted the back drop as under:-"Respondent DDA had cancelled the allotment of the subject plot in favour of the appellant herein. This became subject matter of the civil suit No.761/06/1988 which was decreed by the Court of Civil Judge by judgment dated 11.02.2008. The said judgment was challenged by DDA in RCA No.30/2009 which was allowed by judgment dated 25.07.2013 resulting in the suit being dismissed. This second appeal was instituted challenging the judgment of MAC Appeal No.244/2013 Page 1 of 3 the first appellate Court. The proceedings recorded on the file of this second appe...
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