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Delhi Court December 2017 Judgments

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Dec 12 2017 (HC)

Tarun Kapoor & Ors vs.surya Vinder Obhrai & Ors

Court: Delhi

$~19 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 256/2012 TARUN KAPOOR & ORS ..... Plaintiffs Through: Mr. Vikas Dhawan, Mr. S.P. Das, Mr. Satyabrata Panda, Ms. Vanya Khanna & Ms. Sukriti Gandhi, Advs. Versus SURYA VINDER OBHRAI & ORS ..... Defendants Through: Mr. Arjun S. Bawa, Ms. Sonali Chopra & Ms. Vishakha Gupta, Advs. for D-1. Mr. P.P. Malhotra, Sr. Adv. with Mr. K. Singhal & Ms. Sana, Advs. for D- 2&3. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER1212.2017 IA No.11373/2017 (of the plaintiffs under Order VI Rule 17 CPC) 1. The three plaintiffs in this suit, (a) for specific performance of an Agreement of Sale of immovable property; (b) for permanent injunction; and, (c) for damages, at the stage of final arguments, seek amendment of the plaint in terms of Sections 21 and 22 of the Specific Relief Act, 1963 to, in the alternative to the relief of specific performance, claim the reliefs of recovery of damages for breach of contract and refund of the monies already pa...

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Dec 11 2017 (HC)

Dtc vs.kishan Kumar

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved On: December 08th, 2017 Pronounced on: December 11th, 2017 + WP (C) 8184/2004 DTC Through: Ms.Manisha Tyagi, Adv. ....... Petitioner Versus KISHAN KUMAR Through: Mr.J.P. N. Shahi, Adv. ......Respondent + WP (C) 18045/2006 DTC Through: Ms.Manisha Tyagi, Adv. ....... Petitioner Versus CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR KISHAN KUMAR Through: Mr.J.P. N. Shahi, Adv. ......Respondent JUDGMENT % 1. These two writ petitions arise out of cognate proceedings between Delhi Transport Corporation (hereinafter referred to as the DTC) and Sh. Kishan Kumar (hereinafter referred to as the workman) who was employed as a conductor with the DTC. As the recital of facts hereinafter would reveal, W.P. (C) 8184/2004 has effectively been rendered redundant, and the outcome of the said writ W.P.(C) 8184/2004 & 18045/2006 Page 1 of 8 petition really has no significance in so far as the parties to the lis are concerned.2. It is not necessary, in view of t...

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Dec 11 2017 (HC)

The New India Assurance Company Ltd. Vs.om Prakash & Ors.

Court: Delhi

$~R-692 & 693 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h December, 2017 + MAC APPEAL12792012 and CM209502012 THE NEW INDIA ASSURANCE COMPANY LTD. ..... Appellant Through: Mr. J.P.N. Shahi, Advocate versus OM PRAKASH & ORS. ........ RESPONDENTS Through: Mr. Navneet Goyal, Adv. for R- 1 & 2 + MAC APPEAL2022016 OM PRAKASH & ANR. ..... Appellant Through: Mr. Navneet Goyal, Advocate versus THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. ........ RESPONDENTS Through: Mr. J.P.N. Shahi, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Rakesh, aged 24 years, a bachelor suffered injuries in a motor vehicular accident that occurred on 28.06.2017 due to the negligent MAC Appeal No.1279/2012 & 202/2016 Page 1 of 4 driving of a tanker bearing registration no.HR-37A-4035 and died in the consequence. His parents (claimants) instituted accident claim case (MACT6942007) on 09.08.2007 seeking compensation.2. The Motor Accident Claims Tribunal (Tribunal), after inquiry, by ...

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Dec 11 2017 (HC)

Shashi vs.bhushi Kumar & Ors.

Court: Delhi

$~R-686 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h December, 2017 + MAC. APP. 1267/2012 and CM APPL.30666/2015 SHASHI Through: Nemo. versus BHUSHI KUMAR & ORS. ..... Appellant ........ RESPONDENTS Through: Mr. Arun Yadav, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was the claimant before the motor accident claims tribunal in an accident claim case (Suit No.176/10) instituted by her on 24.04.2010, it having resulted in judgment dated 30.11.2011, whereby compensation in the total sum of Rs.2,69,500/- was awarded in her favour with interest @ 7.5% per annum, the liability having been fastened on the third respondent (insurer), it having admittedly issued the insurance policy covering third party risk in respect of the vehicle, the negligent driving of which was found to have given rise to the cause of action. The tribunal awarded the compensation, calculating it thus:-"2. MAC APP.1267/2012 Page 1 of 4 Sl.No.Heads Amount (in Rs.) 1. Medic...

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Dec 11 2017 (HC)

Sidhi Industries & Ors. Vs.m/s Religare Finvest Limited and Ors.

Court: Delhi

$~62 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:11. h December,2017 FAO(OS) (COMM) 99/2017 SIDHI INDUSTRIES & ORS. ..... Appellants Through: Mr.Ashish Virmani and Mr.Sarvpreet Singh, Advocates versus M/S RELIGARE FINVEST LIMITED AND ORS. CORAM: Through: Mr.Ajay Uppal, Advocate ........ RESPONDENTS HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. This is an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act) read with Section 13 of the Commercial Courts Act, 2015 and Section 10 of the Delhi High Court Act by the appellant against the order passed by the learned Single Judge dated 08.02.2017 whereby the objections filed by the appellant herein under Section 34 of the Arbitration Act against the Award dated 30.08.2014 rendered by the sole Arbitrator stand dismissed.2. While issuing notice in this matter on 05.05.2017, the Predecessor of this Court had pas...

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Dec 11 2017 (HC)

Crossword Entertainment Private Limited vs.central Board of Film Certi ...

Court: Delhi

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:11. h December, 2017 + W.P.(C) 11992/2016 CROSSWORD ENTERTAINMENT PRIVATE LIMITED ........ Petitioner versus CENTRAL BOARD OF FILM CERTIFICATION & OTHERS Advocates who appeared in this case: ....... RESPONDENTS For the... Petitioner For the... RESPONDENTS : : Mr Shashank Garg with Mr Tariq Khan Ms Suparna Srivastava for R-1 & 2. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.1. The petitioner impugns the order dated 24.11.2016 passed by the Film Certificate Appellate Tribunal (FCAT) and also the Order-in- Original dated 14.06.2016 passed by the Central Board of Film Certification declining to issue a Certificate for exhibition of the film entitled Mohalla Assi and further seeks a direction to respondent No.1 to give the requisite Certificate to the Film Mohalla Assi for exhibition without any cuts/modifications/excisions.2. As per the petitioner, the film Mohalla Assi is based on a W.P.(C) No11992...

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Dec 11 2017 (HC)

Royal Sundaram Alliance Insurance Company Ltd. Vs.dariyao Singh & Ors.

Court: Delhi

$~R-687 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h December, 2017 + MAC APPEAL12682012 and CM208102012 ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD. ..... Appellant Mr. Pankaj Gupta and Ms. Anjali Chawla for Ms. Suman Bagga, Advocate Through: versus DARIYAO SINGH & ORS. Through: None ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (MACT7310/09), instituted on 06.11.2009 by the first respondent (claimant), the Motor Accident Claims Tribunal (Tribunal), by its judgment dated 29.08.2012, awarded compensation in the total sum of Rs.7,90,348/- and fastened the liability on the appellant (insurer) to pay with interest at the rate of 9% p.a. for the injuries suffered by him in a motor vehicular accident that had occurred on 17.08.2009 due to negligent driving of truck bearing registration no.HR-46A-2717 (truck). The tribunal found that the accident had been caused in the area of Katewara Mor, Quatab Garh Road, Delhi due ...

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Dec 11 2017 (HC)

Amarjit Singh vs.raju & Ors.

Court: Delhi

$~R-684 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC. APP. 1264/2012 Decided on:11. h December, 2017 AMARJIT SINGH Through: Nemo. versus RAJU & ORS. Through: Nemo. ..... Appellant ........ RESPONDENTS 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 Indica car bearing registration No.DL-1YA-1408, by the first respondent. He instituted accident claim case (Petition No.270/10), on 15.04.2010, seeking compensation impleading the said person (driver) as party respondent in addition to second and third respondents, they being the owner and insurer respectively of the car. The tribunal held inquiry and, by judgment dated 28.08.2012, awarded compensation in the total sum of Rs.3,11,019/-, fastening the liability on the third respondent to pay with interest @ 7.5% per annum, calculating it thus:-"MAC APP.1264/2012 Page 1 of 4 Sl.No.Heads Amount (in Rs.) 1.2. ...

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Dec 11 2017 (HC)

Bhagwat Singh vs.union of India & Ors

Court: Delhi

$~30 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h December, 2017 + W.P.(C) 10359/2015 BHAGWAT SINGH ........ Petitioner Through: Mr. R.B. Singh and Mr. Devender Kumar, Advs. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Rajesh Kumar and Mr. Nihil Kumar, Advs. for R1. Mr. Siddharth Panda, Adv. for L&B/LAC. Mr. Arun Birbal, Standing Counsel with Mr. Rohan Mehra, Adv. 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 under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to 1/8th share of the petitioner (wrongly mentioned as full share) in the land comprised in Khasra No.2640/742 (01-06), 770 (0-18), 886(01-09), 120(01-05) total area measuring 5 Bighas and 8 Biswas and 5/456th share of the petitioner (wrongly mentioned as 40/456th share) in the land comprised in Khasra No.739 (22-14) situated...

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Dec 11 2017 (HC)

Power Grid Corporation of India Ltd. Vs.jyoti Structures Ltd.

Court: Delhi

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. d November, 2017 Pronounced on:11. h December, 2017 + O.M.P.(COMM.) 397/2016 POWER GRID CORPORATION OF INDIA LTD. ........ Petitioner Through : Mr.K.K.Rai, Sr. Advocate with Mr.P.K.Mishra and Mr.Anshul Rai, Advocates versus JYOTI STRUCTURES LTD. ..... Respondent Sood, Ms.Payal Chandra, Mr.Dhruv Sood and Mr.Rhythm Buaria, Advocates. Through : Mr.Ashim CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This petition is under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act) for setting aside the arbitral award dated 20.05.2016 passed by the arbitral tribunal in favour of the respondent herein. The award is in nature of a pure money decree in favour of the respondent.2. During the pendency of these proceedings under section 34 of the Act, an application under Section 7 of the Insolvency and Bankruptcy Code 2016 (hereinafter referred as the Code) was filed by a financial credit...

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