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Delhi Court December 2017 Judgments

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Dec 12 2017 (HC)

Iffco Tokio General Insurance Company Ltd. Vs.lajjawati & Ors.

Court: Delhi

$~R-700 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:12. h December, 2017 + MAC APPEAL13002012 IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Shantha Devi Raman and Mr. Arihant Jain, Advocate LAJJAWATI & ORS. Versus Through: None ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. After some hearing, the counsel for the appellant submits that he may be allowed to withdraw the appeal.2. 3. The appeal is accordingly dismissed as withdrawn. In terms of order dated 10.01.2013, the insurance company had been directed to deposit the entire awarded amount with up-to-date interest with the UCO Bank, Delhi High Court Branch and from out of such deposit, fifty percent (50%) was permitted to be released to the claimants. The balance with accrued interest shall also now be released to the claimant in terms of the judgment of the tribunal.4. The statutory amount shall be refunded to the insurance company. DECEMBER12 2017 yg R.K.GAUBA, J.MAC ...

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Dec 12 2017 (HC)

Baldev Singh vs.directorate of Revenue Intelligence

Court: Delhi

$~R-9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: December 12, 2017 CRL.A. 355/2013 BALDEV SINGH ..... Appellant Through: Mr.Anwesh Madhukar, Advocate for DHCLSC with Mr.Pranjal Shekhar, Advocate versus DIRECTORATE OF REVENUE INTELLIGENCE Through: Mr.Satish Aggarwal, Advocate ..... Respondent PRATIBHA RANI, J.(Oral) 1. The appellant has preferred the instant appeal under Section 374 CrPC against the judgment dated 4th January, 2013 and order on sentence dated 9th January, 2013 and order on sentence dated 9th January, 2013 whereby he has been convicted for committing the offence punishable under Section 21(c) NDPS Act and sentenced to undergo RI for 15 year with fine of `1,50,000/- and in default of payment of fine, to undergo SI for a period of 6 months with benefit of Section 428 Cr.P.C.2. Briefly stating the case of prosecution is that on 2.6.2009 at about 7.20 pm the appellant was found in possession of commercial quantity of Heroin which was being carried by him...

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Dec 12 2017 (HC)

Tejinder Kaur vs.union of India & Ors.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:12. 12.2017 % + W.P.(C) 5928/2016 TEJINDER KAUR Versus ........ Petitioner ........ RESPONDENTS UNION OF INDIA & ORS. Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS CORAM HONBLE MR JUSTICE VIBHU BAKHRU :... Petitioner in person. : Mrs Bharathi Raju, CGSC for R-1/UOI. Mr S.M. Srivastava, Mr Sanjiv Joshi, Ms Meenakshi for Respondent No.2/NIPCCI. VIBHU BAKHRU, J JUDGMENT1 The petitioner has filed the present petition, inter alia, impugning a status report dated 08.09.2015 (hereafter the impugned report) prepared by respondent no.5, inter alia, holding that the complaint of sexual harassment made by one Ms X (the real name is not mentioned to avoid any ignominy to the person concerned) was time barred.2. The petitioner - who is the Presiding Officer of the Internal Complaints Committee (hereafter ICC) of respondent no.2 at the Headquarters at Delhi - claims that the impugned report is wholly co...

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Dec 12 2017 (HC)

Commissioner of Income Tax, Delhi vs.narinderjit Singh

Court: Delhi

$~R-6 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA3242005 Date of decision:12. h December, 2017 COMMISSIONER OF INCOME TAX, DELHI Through Mr. Ruchir Bhatia, Advocate. ..... Appellant versus NARINDERJIT SINGH .... Respondent Through Ms. Bhakti Pasrija Sethi, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH SANJIV KHANNA, J.(ORAL) The present appeal by the Revenue in the case of Narinderjit Singh relates to assessment year 1997-98 and arises from the order of the Income Tax Appellate Tribunal dated 15th September, 2004 in ITA No.4577/DEL/2000.2. The appeal was admitted for hearing vide order dated 9th November, 2006 on the following substantial question of law:-"Whether the amount of Rs.62,99,100/- being the provision made by the assessee on account of claim by the principal contractor due to deficiency in contract work is a contingent liability or an ascertained liability so as to entitle the assessee to claim deduction?. ITA3242005 Page 1 of 1...

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Dec 12 2017 (HC)

Sakender vs.ghanshyam & Ors.

Court: Delhi

$~R-699 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC. APP. 1296/2012 Decided on:12. h December, 2017 SAKENDER Through: Nemo. versus ..... Appellant GHANSHYAM & ORS. ........ RESPONDENTS Through: Mr. Shoumik Mazumdar, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant had suffered injuries in a motor vehicular accident that had occurred on 18.12.2009, due to negligent driving of motor vehicle described as bus, bearing registration No.DL-1PA-1753, admittedly insured against third party risk for the period in question with the third respondent (insurer). He instituted accident claim case (Suit No.409/10) on 14.07.2010, seeking compensation.2. The claim was based, inter alia, on the plea that the appellant (claimant) had suffered permanent physical impairment, such condition having been assessed by a board of doctors of All India Institute of Medical Sciences (AIIMS) to be permanent disability to the extent of 43% in relation to right lower extremity...

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Dec 12 2017 (HC)

Bhukni Devi & Ors vs.union of India

Court: Delhi

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :12. h DECEMBER, 2017 FAO1592015 ..... Appellants BHUKNI DEVI & ORS UNION OF INDIA versus Through : Mr.Anshuman Bal, Advocate. ..... Respondent Through : Mr.Rajeshwar Singh & Mr.L.K.Passi, Advocates. + CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(Oral) 1. In the instant appeal filed under Section 23 of Railway Accident Claims Tribunal Act, 1987, the appellants have challenged the order dated 19.09.2014 of Railway Claims Tribunal, Principal Bench, Delhi (hereinafter Tribunal) whereby their claim petition for grant of compensation on account of death of Pichhu Bind @ Ficho Vin was dismissed by the Tribunal.2. The appellants are the legal heirs Boni Devi (mother), Bhukni Devi (widow), Ritesh and Mithlesh (minor sons) and Sharmila and Reshmi (daughters) of late Pichhu Bind @ Ficho Vin. They filed claim petition before the Tribunal claiming compensation amount of `10 lacs on the ground that Pichhu Bind @ Ficho Vin (since decease...

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Dec 12 2017 (HC)

Suresh Kumar & Ors. Vs.union of India & Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 4060/2013 Date of decision: December 12, 2017 SURESH KUMAR & ORS. ........ Petitioner Through: Mr. Somit Khosla, Adv. with Mr. Varun Mehlawat & Mr. Anuj Jain, Advs. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Sanjay Kumar Pathak, Adv. with Mr. Sunil Kumar Jha & Mr. Kushal Raj Tater, Adv. for L&B/LAC/GNCTD Mr. Ajay Verma, Sr. SC with Ms. Diviani Khanna, 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 petitioner seeks a declaration that the acquisition proceedings with respect to 6 bigha of land of the petitioner comprised in Khasra No.301 situated in the Revenue Estate of Village Shahbad, Daulatpur, Delhi stands lapsed, as the compensation has not been paid.2. At the outset, learned counsel for the petitioner submits that the petitioner would only seek compensation under the Act of 2013 as, according to the stand taken by the respondents, the pos...

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Dec 12 2017 (HC)

Puran Chand Arya vs.union of India & Ors

Court: Delhi

$~8 & 9 *IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 10536/2016, CM Nos.41378/2016 & 24702/2017 AVADH KAUSHIK Through :... Petitioner in person. UNION OF INDIA & ORS. ........ RESPONDENTS ........ Petitioner versus Date of decision :12. h December, 2017 Through : Mr. Anil Soni, CGSC with Mr. Nivesh Sharma, Adv. for R- 1&2. Mr. Sanjoy Ghose, ASC for GNCTD with Mr. Rhishabh Jetley and Ms. Urvi Mohan, Advs. for GNCTD. + W.P.(C) 10540/2016 PURAN CHAND ARYA ........ Petitioner Through : Mr. Abhishek Choudhary and Mr. Rajeev Kumar Yadav, Advs. versus UNION OF INDIA & ORS ........ RESPONDENTS Through : Mr. Bhagvan Swarup Shukla, CGSC with Mr. Kamal deep, Adv. for UOI. Mr. Sanjoy Ghose, ASC for GNCTD with Mr. Rhishabh Jetley and Ms. Urvi Mohan, Advs. for GNCTD. CORAM: HON'BLE THE ACTING CHIEF JUSTICE W.P.(C)Nos.10536/2016 & 10540/2016 Page 1 of 3 HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 These two writ petitions were filed complaining against...

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Dec 12 2017 (HC)

Iffco Tokio General Insurance Company Ltd. Vs.lt. Col. Renu Kumari & O ...

Court: Delhi

$~R-695 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:12. h December, 2017 + MAC APPEAL12862012 IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. Through: versus ..... Appellant Ms. Shantha Devi Raman and Mr. Arihant Jain, Advocates LT. COL. RENU KUMARI & ORS. ........ RESPONDENTS Through: Ms. Nitika Bhutani, Adv. for R- 1 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent (claimant) had instituted the accident claim case (case no.622/2011) before the Motor Accident Claims Tribunal (Tribunal) on 25.08.2011 seeking compensation under Section 166 of the Motor Vehicles Act, 1988 for the injuries sustained and consequent disability suffered due to a motor vehicular accident that had occurred on 29.06.2011 on account of negligent driving of a car bearing registration no.HR-26BE-2510 by the second respondent (driver), the car being registered in the name of the third respondent (owner) and admittedly insured against third party risk with the appellant (insurer). MAC...

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Dec 12 2017 (HC)

Subrati @ Imran vs.state

Court: Delhi

$~R-18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on: December 06, 2017 Judgment Delivered on: December 12, 2017 CRL.A. No.537/2011 SUBRATI @ IMRAN ..... Appellant Through: Mr.Siddharth Aggarwal and Ms.Jahanvi Dubey, Advocates. versus STATE ..... Respondent Through: Ms.Rajni Gupta, APP for the State. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI JUDGMENT1 The appellant/convict has preferred this appeal assailing the judgment dated 15th January, 2011 and order on sentence dated 18th January, 2011 passed in SC No.101/2009 (pertaining to FIR No.47/2008 under Section 376 IPC, PS Vasant Kunj) whereby he has been convicted for committing the offence punishable under Section 376 IPC and sentenced to undergo RI for ten years with fine of 3000/- and in default of payment of fine to undergo SI for six months.2. Briefly stating, the case of prosecution is that on 25th January, 2008 at about 1.55 pm an information was sent by Duty Constable CRL.A. No.537/2011 Page 1 of 10 Rajbir fr...

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