Delhi Court November 2017 Judgments
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L K vs.r K
Court: Delhi
Decided on: Nov-29-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. 11.2017 MAT.APP.(F.C.) 96/2017, C.M. No.19944/2017 L K Versus ..... Appellant ..... Respondent R K Advocates who appeared in this case: For the Appellant :Mr.Setu Niket, Advocate with appellant in person. : Respondent in person. For the... RESPONDENTS CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT SIDDHARTH MRIDUL, J.(ORAL) Learned counsel appearing on behalf of the parties state that the latter 1. by way of Settlement Agreement dated 23rd November, 2017, have arrived at an amicable resolution of the underlying disputes with the aid and assistance of the Delhi High Court Mediation and Conciliation Centre. A perusal of the said settlement agreement dated 23rd November, 2. 2017, reflects as follows: (a) Both the parties collectively own the responsibility to support each other emotionally, for the purposes of having better compatibility. Both shall live together harmoniously with love, car...
New India Assurance Co Ltd. Vs.nisha Yadav & Ors
Court: Delhi
Decided on: Nov-29-2017
$~R-588 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h November, 2017 + MAC. APPEAL9572012 NEW INDIA ASSURANCE CO LTD. ..... Appellant Through: Mr. Salil Paul, Advocate. versus NISHA YADAV & ORS ..Respondents Through: Mr. Nitinjya Chaudhry with Mr. Rajiv Trivedi, Advocates for R1 to 5. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Rajendra Prasad Yadav, then aged 46 years, a hawker by profession, suffered fatal injuries due to motor vehicular accident that occurred on 10.10.2011, due to negligent driving of bus bearing registration No.DL-1PC-0999, which was concededly insured against third party risk with the appellant (insurer) for the period in question. On the accident claim case (Suit No.535/11), instituted on 09.11.2011, by the first to fifth respondents (collectively, the claimants), the Tribunal awarded compensation in the total sum of Rs.16,88,000/-, which included Rs.16,38,000/- towards loss of dependency, Rs.25,000/- for loss of love and affection, Rs.10,0...
Shitanshu Sharma vs.state (Nct of Delhi)
Court: Delhi
Decided on: Nov-29-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h November, 2017 CRL.A. 905/2016 & Crl.M.B. 1729/2016 SHITANSHU SHARMA ..... Appellant Represented by: Mr. Narender Mann, Spl. PP with Mr. Manoj Pant, Adv. versus STATE (NCT OF DELHI) ..... Respondent Represented by: Mr. Hirein Sharma, APP for CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) State.1. Challenging his conviction under Section 350 of the Code of Criminal Procedure (in short Cr.P.C.) and sentencing him to pay a fine of 100/- by the impugned order dated 12th February, 2016 the appellant prefers the present appeal under Section 351 Cr.P.C.2. The impugned order dated 12th February, 2016 reads as under: 12.02.2016 Present: Shri Praneet Sharma, Ld. Sr. PP for the CBI. Holding IO Inspector Shitanshu Sharma, person. Accused on bail with Sh. Harsh Sharma, Advocate. in PW-53 Sh. H. Rajesh is examined and discharged. No other PW is present. Summons of PW John V. George received back unserved with the report tha...
Bhasin Tobaccos Ltd. & Ors. Vs.gambro Nexim(india) Medical Ltd. & Ors.
Court: Delhi
Decided on: Nov-28-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :28. h AUGUST, 2017 DECIDED ON :28. h NOVEMBER, 2017 + IA32632017 in CS(COMM) 962/2016 BHASIN TOBACCOS LTD. & ORS. ..... Plaintiffs Through : Mr.Amit Sibal, Sr.Advocate with Mr.S.K.Gandhi, Mr.Shivanshu Kumar, Mr.Aditya Kapoor, Mr.Namit Suri & Ms.Manjula Gandhi, Advocates. versus GAMBRO NEXIM(INDIA) MEDICAL LTD. & ORS. ..... Defendants Through : Mr.Rajeev Mehra, Sr.Advocate with Ms.Ananya Bhattacharya, Advocate for D1 to D3. Mr.Anil Sapra, Sr.Advocate with Mr.Sunil Magon, Mr.Kartik Bhardwaj, Ms.P.Singh, Mr.Sarthak Katyal & Mr.Jaideep Singh, Advocates for D4 & D5. Mr.Ayush Choudhary, Advocate with Mr.Tushar Gupta, Advocate for D6. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The plaintiffs seek amendment of the plaint under Order VI Rule 17 CPC read with Section 151 CPC. It is contested by the defendants. Defendants No.1 to 3, however, did not file any formal response to the IA. CS(COMM) 962/2016 Page 1 of 9 2. I have heard the ...
Indian Potash Limited & Ors. Vs.union of India & Ors.
Court: Delhi
Decided on: Nov-28-2017
$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7878/2015 & CM157582015 INDIAN POTASH LIMITED & ORS. ........ Petitioners Through: Mr Manish Kaushik, Advocate. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr Vikas Mahajan, Mr Shyam Sundar Rai, Advocate for UOI. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2811.2017 VIBHU BAKHRU, J1 The petitioners have filed the present petition, inter alia, impugning the order dated 09.07.2015 (hereafter the impugned order) passed by the Central Information Commission (hereafter CIC), whereby the CIC has held the petitioner no.1 (hereafter the petitioner) to be a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005 (hereafter the RTI Act).2. Respondent nos.2 & 3 had filed applications dated 23.12.2010 and 28.05.2013 under the RTI Act seeking certain information from the petitioner. Respondent No.2 had sought the landed cost of Muriate of Potash (MoP) imported by the petitioner during the pe...
Tuntun Ray vs.nishu Pal & Ors.
Court: Delhi
Decided on: Nov-28-2017
$~R-582 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h November, 2017 + MAC.APP. 934/2012 and CM No.14756/2012 TUNTUN RAY Through: Nemo. Versus NISHU PAL & ORS. ..... Appellant ........ RESPONDENTS Through: Mr. D.K. Sharma, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant, then aged 23 years, (born on 02.05.1988) was present with certain other public persons on the footpath of the road near Inter State Bus Terminus (ISBT) at Kashmere Gate, Delhi on 08.05.2011 at about 05:20 hours, awaiting the public transport when bus bearing registration No.DL-1PB-3844 driven in a negligent manner hit against him and other such persons present at the spot. As a result, several persons including the appellant suffered injuries, the injuries inflicted on the body of the appellant having rendered him permanently disabled, since in spite of medical aid and treatment, his right lower limb had to be amputated. He was examined by board of doctors of Hindu Rao Hos...
Anita Sharma vs.shiv Kumar Sharma & Ors
Court: Delhi
Decided on: Nov-28-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI * % + MAT.APP.(F.C) 125/2017, CM APPL. 26040/2017 and CM Decided on:28. 11.2017 APPL. 26041/2017 ANITA SHARMA ..... Appellant Through: Mr. Neeraj Yadav and Mr. Vikrant Yadav, Advs. versus SHIV KUMAR SHARMA & ORS ..... Respondent Through: Ms. Sindhu Sakkarwal, Adv for R-1. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA HON'BLE MS. JUSTICE DEEPA SHARMA1 The appellant has impugned the order dated 02.03.2016 and 01.05.2017 passed by the Family Court.2. The contention of the appellant is that while passing the order dated 01.05.2017, the learned Family Court has failed to appreciate the fact that the application for setting aside the order dated 02.03.2016 was moved immediately after receiving the entire set of petition by the learned counsel for the appellant and hence there was no delay in filing the application for setting aside the said order, also that the appellant, the wife, does not have MAT.APP.(F.C) 125/2017 Pag...
Pr Commissioner of Income Tax, Delhi-2 vs.m/s. Chl Limited
Court: Delhi
Decided on: Nov-28-2017
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 11.2017 ITA10602017 & CM No.42859-60/2017 PR COMMISSIONER OF INCOME TAX, DELHI-2 ..... Appellant ..... Respondent versus M/S. CHL LIMITED Advocates who appeared in this case: For the Appellant(s) . For the Respondent(s) CORAM:-"HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE SANJEEV SACHDEVA S. RAVINDRA BHAT, J.(OPEN COURT) None. : : Mr. Zoheb Hossain, Sr. Standing Counsel 1. The Revenue claims to be aggrieved by the order of the Income Tax Tribunal (ITAT) which has set aside the assessment framed. It contends that the reasoning with respect to untenability of re- assessment for the Assessment Year (AY) 2000-01, in the facts of this case, was not justified.2. The assessee had filed its returns for the AY200001 claiming certain income to be part of its returns had arisen under Section 80HHb. The assessment was completed under Section 143(3). ITA10602017 Page 1 of 4 Subsequently, much later i.e. on 21.03...
M/S Vysya Leasing & Finance Ltd. Vs.m/s Amrit Lal Bajaj & Co. & Anr.
Court: Delhi
Decided on: Nov-28-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI28h November, 2017 CS(COMM) Nos.421/2016 & 424/2016 + % 1. M/S VYSYA LEASING & FINANCE LTD. CS(COMM) No.421/2016 ..... Plaintiff Through: Mr. Vidit Gupta, Advocate with Mr. Harleen Singh, Advocate. M/s AMRIT LAL BAJAJ & CO. & ANR. versus ..... Defendants Through: Mr. Manu Nayar, Advocate with Mr. Vishwas Sethi, Advocate, Mr. Kunal Soni, Advocate, Ms. Radhika Arora, Advocate and Ms. Meenakshi Bhatia, Advocate. CS(COMM) No.424/2016 2. M/s VYSYA LEASING & FINANCE LTD. ..... Plaintiff Through: Mr. Vidit Gupta, Advocate with Mr. Harleen Singh, Advocate. M/s AMRIT LAL BAJAJ & CO. & ANR. versus ..... Defendants Through: Mr. Manu Nayar, Advocate with Mr. Vishwas Sethi, Advocate, Mr. Kunal Soni, Advocate, Ms. Radhika Arora, Advocate and Ms. Meenakshi Bhatia, Advocate. CS(COMM) Nos.421/2016 & 424/2016 Page 1 of 18 CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) I.A. No.15039/2016 (under Order...
National Insurance Co. Ltd. Vs.suman Sharma & Ors.
Court: Delhi
Decided on: Nov-28-2017
$~R-579-580 (common order) IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h November, 2017 + MAC.APP. 925/2012 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate Versus SUMAN SHARMA & ORS. ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate + MAC.APP. 540/2013 SMT. SUMAN SHARMA & ORS. ..... Appellants Through: Mr. S.N. Parashar, Advocate Versus NATIONAL INSURANCE CO. LTD. ...... Respondent Through: Mr. Pankaj Seth, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Ram Kishan Sharma, then aged 42 years, an employee of Delhi Jal Board, working as Assistant Pump Driver, suffered injuries in a motor vehicular accident that occurred on 05.10.2010 and died in the consequence. At the time of the accident, he was riding a motorcycle bearing registration No.DL-13SC-8689 (the motorcycle). His wife and five other family members dependent on him (collectively, the MAC App. No.925/2012 etc. Page 1 of 5 claimants) instituted accident claim cas...
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