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Delhi Court December 2017 Judgments

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Dec 08 2017 (HC)

Icici Lombard General Insurance Company Limited vs.krishna Devi & Ors.

Court: Delhi

$~R-678 & R-679 (common order) * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:8. h December, 2017 + MAC. APP. 1246/2012 ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED ..... Appellant Through: Ms. Neerja Sachdeva, Advocate versus SURIYA ANJUM & ORS. Through: Nemo. + MAC. APP. 1248/2012 ........ RESPONDENTS ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED ..... Appellant Through: Ms. Neerja Sachdeva, Advocate versus KRISHNA DEVI & ORS. Through: Nemo. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) ........ RESPONDENTS 1. By common judgment dated 08.08.2012, the motor accident claims Tribunal decided two accident claim cases, one (MACT Petition No.147/10), instituted by first to sixth respondents (of MAC APP.1246/2012), hereinafter referred to as the claimants on account of MAC APP.1246/2012 & 1248/2012 Page 1 of 4 death of Parvez Aslam, and the other, (MAC Petition No.146/10), instituted by first to sixth respondents (of MAC APP.1248/2012), hereinafter referred to as the claim...

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Dec 08 2017 (HC)

Madan Lal Khurana & Ors. Vs.santosh Khurana & Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.1008/2017 + % MADAN LAL KHURANA & ORS. Reserved on:5. h December,2017 Pronounced on:8. h December,2017 Through: versus SANTOSH KHURANA & ORS. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Appellants Ms. Richa Kapoor, Advocate. ........ RESPONDENTS To be referred to the Reporter or not?. VALMIKI J.MEHTA, J CM No.43682/2017 (Exemption) Exemption allowed subject to just exceptions. CM stands disposed of. RFA No.1008/2017 & CM Nos. 43679/2017 (stay), 43680/2017(U/o XXXIX R2A) & CM No.43681/2017 (U/o XLI R27CPC) 1. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) by the defendants in the suit impugning the judgment of the trial court dated 3.8.2017 by which the trial court has decreed the suit of the respondent no.1/plaintiff for RFA No.1008/2017 Page 1 of 10 possession of the suit property bearing No.172, first floor, Jagriti Enclave, I.P. Extension, Delhi as also for mesne profits at Rs.10,000...

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Dec 08 2017 (HC)

c.j. International Hotels Ltd. & Ors vs.n.d.m.c. & Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :26. h OCTOBER, 2017 DECIDED ON :8. h DECEMBER, 2017 IA53462017 in CS(OS) 610/2000 C.J.INTERNATIONAL HOTELS LTD. & ORS. ..... Plaintiffs Through : Mr.A.S.Chandhiok, Sr.Advocate with Mr.Amit Sibbal, Sr.Advocate with Mr.H.S.Chandhoke, Ms.Sweta Kakkad, Mr.Shiv Sapra, Mr.Anukrit Gupta, Ms.Shruti Sharma, Ms.Neha Mehta, Ms.Natasha Sood, Ms.Shreya Seth & Mr.Rahul Kumar, Advocates. versus ..... Defendants N.D.M.C. & ORS. Through : Mr.Sanjay Jain, ASG with Mr.Akshay Makhija, CGSC, Mr.Yoginder Handoo, Ms.Rhea Verma, Mr.Shivi Sanyam & Mr.Vidur Mohan, Advocates for NDMC. 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 read with Section 151 CPC. It is contested by the defendants.2. It is averred that in IA No.3075/2000 interim relief was granted to the plaintiffs subject to certain terms by an order dated 18.05.2001. In compliance of the directions, the plaintiffs deposited ...

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Dec 08 2017 (HC)

Central Bureau of Investigation vs.ravi Dutt Pathak

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL. M. C. 4417/2017 & CRL.M.A.17696/2017(stay) Order reserved on:28. h November, 2017 Order pronounced on:8th December, 2017 CENTRAL BUREAU OF INVESTIGATION ..Petitioner Mr. Anupam S. Sharma, SPP for CBI with Ms. Prachee Satija Mr. Prakash Airan, Advocates. Through: Versus and RAVI DUTT PATHAK Through: Mr. N.B. Joshi, Advocate. ..Respondent CORAM: HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL1 By way of the present petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.'), the petitioner seeks setting aside of order dated 31.07.2017 (hereinafter referred to as 'Impugned Order') passed by the Court of Additional Chief Metropolitan Magistrate (ACMM) (East), Karkadooma Courts, New Delhi, whereby the application under Section 311 Cr.P.C. filed by the petitioner for recalling of PW-17/Sh. R.K. Sharma for further examination was dismissed.2. Brief facts of the present case are that a Regular Case bear...

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Dec 08 2017 (HC)

Kamal Kant Kataria & Anr vs.rupendra Kataria & Ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % KAMAL KANT KATARIA & ANR RFA No.722/2017 8th December, 2017 ..... Appellants Through: Mr. Arvind Kr. Gupta and Mr. Gautam Choubey, Advocates. versus RUPENDRA KATARIA & ORS ........ RESPONDENTS Through: Mr. Mohinder Mohan, Adv. for R-1 with R-1 in person. Mr. R.S.Kela, Adv. for R-2 CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 CPC is filed by the defendant nos.1 and 2 in the suit/brothers impugning the judgment of the trial court dated 18.4.2017 by which the trial court has passed a final decree with respect to a total of four properties as stated in para 9 of the impugned judgment. This para 9 of the impugned judgment reads as under:-"(9) This being the background and in view of the no objection given by the plaintiff and the defendant no.1 and RFA7222016 Page 1 of 6 2, the final decree is being passed in respect of all the immovable ...

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Dec 08 2017 (HC)

Anita Bhandari & Anr. Vs.madhu Monga & Ors.

Court: Delhi

$~R-669 & 669A * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:8. h December, 2017 + MAC. APP. 1217/2012 & CM Nos.19722-19723/2012 ANITA BHANDARI & ANR. Through: Nemo. versus MADHU MONGA & ORS. ..... Appellant ........ RESPONDENTS Through: Ms. Kavit Tyagi, Adv. with Mr. Navneet Goyal, Adv. for R-1. Ms. Suman Bagga, Adv. with Ms. Anjali Chawla for R-2. + MAC. APP. 134/2013 & CM No.1390/2013 ICICI LOMBARD GENERAL INSURANCE COMPANY ..... Appellant LIMITED Through: Ms. Suman Bagga, Advocate versus MADHU MONGA & ORS. ........ RESPONDENTS Through: Ms. Kavit Tyagi, Adv. with Mr. Navneet Goyal, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Madhu Monga (first respondents in these appeals), hereinafter referred to as the claimant, had instituted accident claim case (MACT No.1141/10/08) on 25.07.2008, seeking compensation under MAC APP.1217/2012 & 134/2013 Page 1 of 4 Sections 166 and 140 of the Motor Vehicles Act, 1988 on the averments that while riding on the cycle ...

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Dec 08 2017 (HC)

Super Cassettes Industries Private Limited vs.rcn Digital (Raj Cable N ...

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 463/2016 #1 SUPER CASSETTES INDUSTRIES PRIVATE LIMITED ..... Plaintiff Through: Mr. K.K. Khetan, Advocate versus RCN DIGITAL (RAJ CABLE NETWORK) ..... Defendant Through: None. % Date of Decision:8. h December, 2017 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present suit has been filed for permanent injunction restraining infringement of copyright, damages, rendition of accounts etc. The prayers made in the plaint are reproduced hereinbelow:-"(i) An order of permanent injunction restraining the Defendant, their officers, servants, agents, partners and representatives and all others acting for and on their behalf from either engaging in themselves or from authorizing, the recording, distributing, broadcasting, public performance/communication to the public or in any other way exploiting the cinematograph films, sound recordings and/or literary works (lyrics) and Musical works (musical composition) or other w...

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Dec 08 2017 (HC)

S. Bhupinder Singh vs.ravi Somani

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:8. h December, 2017. CS(COMM) 1181/2016 & IA No.10603/2016 (u/O XXXVIII R-5 CPC) ..... Plaintiff ..... Defendant Through: Mr. Ravi Chawla, Adv. S. BHUPINDER SINGH CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 RAVI SOMANI Versus Through: Mr. Rajesh Banati, Adv. The plaintiff has instituted this suit for recovery of Rs.2,26,00,000/- from the defendant, pleading (i) that the defendant was a good friend of one of the Directors of M/s Utsav Safety Systems Pvt. Ltd. (hereinafter called as Company); (ii) that in the year 2002, the plaintiff was a shareholder in the Company and the defendant was the Managing Director and majority shareholder of the Company; (iii) that the plaintiff has rendered his services as Director in the Company; however the plaintiff resigned from the Company and at the time of tendering his resignation, demanded the monies towards goodwill qua surrender of rights in the Company from the defendant; (iv) that...

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Dec 08 2017 (HC)

Rohit Bindoria and Ors. Vs.indian Railway Catering and Tourism Copn Lt ...

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 08, 2017 * + W.P.(C) 10880/2017 ROHIT BINDORIA AND ORS. Through: Mr. K. Vishwanath, Advocate ........ Petitioners Versus Through: Mr. Nikhil Majithia, Advocate INDIAN RAILWAY CATERING AND TOURISM COPN LTD. AND ANR. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL W.P.(C) 10880/2017 & C.M. 44539/2017; 44544/2017 & 44747/2017 1. In this petition, petitioners seek a mandamus to respondents to consider their name for appearing in the Limited Departmental Competitive Examination (LDCE) in W-06 (scale `8800-20000) to be conducted on 11th, 13th & 15th December, 2017 and to direct first respondent to include the name of petitioners in the list of eligible candidates for the North Zone, issue roll numbers and inform them about the date and venue of the examination.2. This is second round of litigation. In the first round of litigation, petitioners had sought regularization of their services while claiming...

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Dec 08 2017 (HC)

Reliance General Insurance Company Limited vs.jai Prakash & Ors.

Court: Delhi

$~R-676 IN THE HIGH COURT OF DELHI AT NEW DELHI * Decided on:8. h December, 2017 + MAC. APP. 1232/2012 & CM No.20098/2012 RELIANCE GENERAL INSURANCE COMPANY LIMITED ..... Appellant Through: Mr. Pankaj Seth, Advocate versus JAI PRAKASH & ORS. ........ RESPONDENTS Through: Mr. Meraj Khan, Advocate with Ms. Ashmita Aggarwal, Adv. for R-1 to R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Motor accident claim case (MACT No.80/2011), which was instituted by first to third respondents (the claimants) on 03.03.2011 prayed for award of compensation under Sections 166 and 140 of the Motor Vehicles Act, 1988 on account of death of Amit Kumar, a bachelor aged 23 years, in a motor vehicular accident that occurred on 06.01.2011, due to negligent driving of vehicle bearing registration No.DL-4C-AH-8068. The tribunal accepted the said case by the impugned order dated 20.09.2012 and awarded Rs.20,92,000/- as compensation, calculating it thus:-"MAC APP.1232/2012 Page 1 of 4 Sl.No.Heads Amo...

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