Delhi Court November 2017 Judgments
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Sanjay vs.rafiq Ahmad & Ors.
Court: Delhi
Decided on: Nov-29-2017
$~R-591 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL9732012 Decided on:29. h November, 2017 SANJAY ..... Appellant Through: Mr. S. N. Parashar, Advocate versus RAFIQ AHMAD & ORS. ........ RESPONDENTS Through: Ms. Neerja Sachdeva, Advocate 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 (Suit No.560/2010) instituted on 06.09.2010 seeking compensation for the injuries suffered in a motor vehicular accident that had occurred on 07.08.2010 due to negligent driving of a motor vehicle bearing registration no.DL-1PA-4839 which was admittedly insured against third party risk for the period in question with the third respondent (insurer). On inquiry, the tribunal found, by judgment dated 09.01.2012, that the injuries suffered by the claimant in the said accident had rendered him permanently disabled, his functional disability having been assessed to the extent of 75%. The tribunal awarded Rs.15,6...
Mohd. Sagir vs. Mohd. Irfan Alam & Ors.
Court: Delhi
Decided on: Nov-29-2017
$~R-594 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h November, 2017 + MAC APPEAL9812012 MOHD. SAGIR Through: versus None ..... Appellant MOHD. IRFAN ALAM & ORS. ....... RESPONDENTS None Through: CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) The appellant was the claimant before the Motor Accident 1. Claims Tribunal (Tribunal) in accident claim case (MACT suit no.266/10), instituted on 01.09.2010, seeking compensation for injuries suffered in a motor vehicular accident that occurred on 28.07.2010, due to the negligent driving of a Tata-709 truck bearing registration no.DL-1LG-7865.2. The tribunal after inquiry, by judgment dated 14.05.2012, accepted the said claim case and awarded compensation in the total sum of Rs.2,23,100/-, directing the third respondent (insurer) to pay the said amount inclusive of Rs.1,26,672/- as the loss of future income due to functional disability which was evaluated at 55% for a period of MAC Appeal No.981/2012 Page 1 of 2 two years, also...
Bharat Hotels Limited vs.commissioner, Central Excise (Adjudication)
Court: Delhi
Decided on: Nov-29-2017
* + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. 11.2017 CEAC252017 & C.M. No.31344/2017 BHARAT HOTELS LIMITED .... Petitioner Through: Mr. Sanjeev Anand with Mr. Anil Sood and Mr. Akshay Kapoor, Advocates, for petitioner. versus COMMISSIONER, CENTRAL EXCISE (ADJUDICATION) .... Respondent Through: Mr. Sanjeev Narula, Sr. Standing Counsel with Ms. Anunita Chandra, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The appellant challenges an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) (hereinafter referred to as Appellate Tribunal), upholding imposition of penalty for non-compliance with provisions of the Finance Act, 1994 (also herein referred to as the Act), in respect of payment of service tax in respect of management, maintenance and repair services and mandap keeper services provided by it.2. The appellant is a public limited company registered under the Com...
Smt. Asha Devi vs.sh. Satpal Saini & Anr
Court: Delhi
Decided on: Nov-29-2017
$~1(c) * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : NOVEMBER29 2017 + CS(OS) 390/2017 & IA No.9575/2017 (u/S151CPC) SMT. ASHA DEVI ..... Plaintiff Through : Mr.Sandeep Sharma, Advocate. versus SH. SATPAL SAINI & ANR ..... Defendants Through : Mr.Sumit Rana, Advocate, for D-2. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P GARG, J.(ORAL) IA No.9574/2017 (u/O39R-1&2 CPC) 1. In the suit filed for Declaration, Permanent and Mandatory injunction and Possession with respect to property No.50, Gautam Nagar, New Delhi (hereinafter referred to as the suit property), the plaintiff seeks ad-interim injunction to direct the defendants to maintain status quo and not to reconstruct the property in question. It is contested by the defendants.2. I have heard the learned counsels for the parties and have examined the file. In the plaint, the plaintiff claimed herself to be the owner of the suit property on the basis of Will executed by her father on IA No.9574/2017 in CS(OS) 390/2017 Page 1 of 4 24....
Sh. Gajraj vs.govt. Of Nct of Delhi and Ors.
Court: Delhi
Decided on: Nov-29-2017
$~R67 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2017 * % + W.P.(C) 12142/2015 SH. GAJRAJ 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 hav...
Mohan Singh & Anr. Vs.presh Gupta & Anr.
Court: Delhi
Decided on: Nov-29-2017
$~R-590 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL9702012 Decided on:29. h November, 2017 MOHAN SINGH & ANR. ..... Appellants Through: Mr. S. N. Parashar, Advocate versus PRESH GUPTA & ANR. ........ RESPONDENTS Through: Ms. Neerja Sachdeva, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Ravi Kumar, a bachelor, then aged 23 years, suffered injuries in a motor vehicular accident that took place on 25.05.2008, due to negligent driving of a motor vehicle bearing registration no.DL-9CC- 4966, which was admittedly insured against third party risk for the period in question with the second respondent (insurer) and died in the consequence. From the accident claim case (Suit No.551/2011), instituted on 28.08.2008, by his parents (the claimants), the tribunal after inquiry by judgment dated 26.04.2012, awarded compensation in the total sum of Rs.3,46,680/-, directing the insurer to pay with interest at the rate of 9% p.a., the said amount having been calcula...
Ct/Gd Kshirod Kumar Swain vs.union of India and Ors.
Court: Delhi
Decided on: Nov-29-2017
$~9 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:29. h November, 2017 + W.P.(C) 11298/2016 CT/GD KSHIROD KUMAR SWAIN versus ........ Petitioner Through: Ms.Garima Sachdeva, Advocate UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mrs.Bharathi Raju, CGSC for UOI with Insp.Sanjay Kumar, CISF for... RESPONDENTS no.1 to 3. 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 under Section 226 of the Constitution of India, the petitioner seeks a writ of mandamus directing the respondents to appoint (by way of LDCE-2015) him to the post of Assistant Sub- Inspector (GD) and grant him all the consequential benefits except back wages. A Writ of Certiorari is also sought to quash the findings of the Medical Review Board dated 07.11.2016 whereby the respondents had declared the petitioner unfit. Some of the facts are that the petitioner joined the CISF as a Constable/General Duty on 06.09.2008 and has been work...
Icici Lombard General Insurance Company Ltd. Vs. Kiran & Ors.
Court: Delhi
Decided on: Nov-29-2017
$~R-593 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h November, 2017 + MAC APPEAL9772012 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. Ms. Suman Bagga, Advocate ..... Appellant Through: versus KIRAN & ORS. Through: ....... RESPONDENTS Mr. S.N.Parashar, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Surender Kumar Sharma @ Bunty, then aged over 22 years, suffered fatal injuries in a motor vehicular accident that took place on 10.10.2007, due to the negligent driving of a motor vehicle bearing registration no.HR-47A-4393, admittedly insured against third party risk with the appellant (insurer) for the period in question. On accident claim case (MACT suit no.141/2010), instituted on 25.01.2008, by the first to fifth respondents (collectively, the claimants), the Motor Claims Accident Tribunal (Tribunal) awarded compensation in the total sum of Rs.36,70,000/-, directing the insurer to pay with interest at the rate of 7.5% calculating it thus :-"MAC Appeal No.9...
Nutan Gupta and Ors. Vs.union of India & Ors.
Court: Delhi
Decided on: Nov-29-2017
$~R-48 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:29. h November, 2017 + W.P.(C) 6350/2015 NUTAN GUPTA AND ORS. ........ Petitioners Through: Mr.Manoj C. Mishra, Adv. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Ms.Jyoti Tyagi, Adv. for LAC/L&B Mr.Arjun Pant, Adv. for DDA. 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 by the petitioners. The petitioners seek a declaration that the acquisition proceedings with respect to 1/3rd share of the petitioners in the land measuring 30 bighas 18 biswas (5 bigha 3 biswas) comprised in Khasra Nos.137(1-4), 137(1-5), 1377 (5-12), 1378 (0-10), 1379 (4-1), 1380 (4-16), 138(2-16), 1522 (4-16), 152(3-14) & 173(2-4) situated in the revenue estate of Village Malikpur Kohi @ Rangpuri, Tehsil Mehrauli, New Delhi (hereinafter referred to as the subject land) would stand lapsed in view of Secti...
Suresh Kumar Gupta vs.vijay Kumar & Ors
Court: Delhi
Decided on: Nov-29-2017
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h November, 2017 CM(M) 1102/2017 and CM No.45580/2016, 45581/2016 SURESH KUMAR GUPTA ........ Petitioner Through: Mr. Sushil Kumar Singh, Adv. with Mr. Shrinkar Chaturvedi, Adv. versus VIJAY KUMAR & ORS ........ RESPONDENTS Through: Mr. Yashovir Singh, Adv. for R-1. Mr. Sanjay Shah, Adv. for R-2. Mr. Gurjit Singh, Adv. for R-3 & R-4. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) + 1. By the impugned order dated 13.07.2016 passed on the file of the civil suit of the petitioner (CS No.376/2015), the learned Additional District Judge ordered closure of the opportunity for his evidence which is the direction with which he is aggrieved as agitated by the petition at hand.2. At the hearing, counsel representing the respondents submits that issues were framed by order dated 20.10.2011 and the first witness was examined by the petitioner on 13.07.2016, no steps having been taken for summoning or securing the presence of other...
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