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Delhi Court December 2017 Judgments

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Dec 05 2017 (HC)

Bajaj Allianz General Insurance Company Ltd. Vs. Satbir Singh & Ors.

Court: Delhi

$~R-645 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:05. h December, 2017 + MAC APPEAL11622012 and CM188022012 and 18804/2012 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY ..... Appellant LTD. Through: Ms. Suman Bagga and Ms. Anjali Chawla, Advocates versus SATBIR SINGH & ORS. ........ RESPONDENTS Through: None CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The insurer of the offending vehicle described as a truck bearing registration no.DL-1PB-7985 (truck) is aggrieved by the judgment dated 23.07.2012 in the accident claim case (suit no.626/2011) instituted by third and fourth respondents (collectively, the claimants) seeking compensation on account of death of Shamsher @ Sonu on the ground that the evidence led before the tribunal during inquiry showed that Satbir Singh (first respondent) did not have the due authorization to drive from the registered owner Rajender Singh (second respondent) and, therefore, the liability to indemnify could not have been fastened against th...

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Dec 05 2017 (HC)

National Insurance Co Ltd. Vs.sudha Kumari & Ors.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI * + MAC.APP. 285/2014 Date of Decision: December 05, 2017 1. NATIONAL INSURANCE CO LTD. ..... Appellant Through: Mr. Harsh Lata, Advocate for Ms. Shanta Devi Raman, Advocate Versus SUDHA KUMARI & ORS. ........ RESPONDENTS Through: Mr. C.S.S. Tomar, Advocate for respondents No.1 to 4 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL Impugned Award of 30th January, 2014 grants compensation of `14,31,050/- with interest @9% p.a. to respondents-claimants, who are widow, two sons and one daughter of deceased. As per the impugned Award, respondent-widow gets the compensation of `10,01,735/- and other legal heirs of deceased get compensation of `1,43,105/-each with interest.2. Learned Motor Accident Claims Tribunal (henceforth referred to as the Tribunal), in the impugned award, has calculated the loss of dependency while taking income of the deceased and after deduction of tax, net income of the deceased has been assessed at `2,69,223 p.a., while Mac...

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Dec 05 2017 (HC)

Batti vs.govt of Nct of Delhi & Ors.

Court: Delhi

$~R-81 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:5. h December, 2017 + W.P. (C.) No.336/2016 BATTI Through Mr. Lalit Kumar Rawal and Mr. Sunil ........ Petitioner K. Goel, Advocates versus GOVT OF NCT OF DELHI & ORS. ........ RESPONDENTS Through Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Mr. Arun Birbal and Mr. Sanjay Singh, Advocates 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 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 29 bighas 04 biswas having 1/12th share measuring 02 bigha 09 biswas, situated in the revenue estate of village Ghonda Gujaran Khadar, Shahdara, Delhi (hereinafter referred to as the subject land) is deemed to have lapsed in view...

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Dec 05 2017 (HC)

Sher Bahadur vs.north Delhi Municipal Corporation and Anr.

Court: Delhi

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:5. h December, 2017. + W.P.(C) 4445/2017 ........ Petitioner SHER BAHADUR Through Ms. Deepali Gupta, Advocate. Versus NORTH DELHI MUNICIPAL CORPORATION & ANR Through Mr. Ramkumar, Advocate. ....... RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI HIMA KOHLI, J (ORAL) 1. The petitioner is aggrieved by the judgment dated 14.12.2016 passed by Central Administrative Tribunal, Principal Bench, New Delhi dismissing Original Application No.3654/2015 filed by him laying a challenge to his termination order dated 25.08.2008.2. The relevant facts of the case are that the erstwhile MCD had selected and placed the petitioner in the waiting list for appointment to the post of Domestic Breeding Checker (hereinafter referred as DBC), as per the draw of lots held on 09.07.1997. In pursuance thereof, the petitioner joined his duties as a temporary DBC on 19.09.1997. Subsequently, the petitioners services wer...

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Dec 05 2017 (HC)

Jai Kishan Sharma vs.uoi & Ors

Court: Delhi

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1173/2012 JAI KISHAN SHARMA ........ Petitioner Through: Mr Narinder Sharma, Advocate. versus UOI & ORS Through: Ms Purnima Maheshwari, Advocate. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER0512.2017 VIBHU BAKHRU, J1 The petitioner has filed the present petition impugning an order dated 05.10.2009 passed by respondent no.2 (Commissioner of Police), whereby the disciplinary proceedings initiated against respondent nos. 3 & 4 have been withdrawn. The petitioner also challenges the promotion awarded to respondent nos. 3 & 4. In addition, the petitioner also seeks an order directing respondent Nos. 1 and 2 to grant sanction under Section 140 of the Delhi Police Act, 1978.2. Briefly stated, the relevant facts are that the younger brother of the petitioner - Sh Jai Prakash Sharma - filed a complaint on 12.06.2002 with P.S. Nangloi against the petitioner. Respondent No.4 who, at the material time, was a Sub Inspe...

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Dec 05 2017 (HC)

Raghu Nandan Vashisht vs.south Delhi Municipal Corporation and Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * + W.P.(C) 3387/2017 RAGHU NANDAN VASHISHT Through Mr. Sourabh Ahuja, Advocate. ........ Petitioner versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondent Through Mr. Nikhil Goel with Mr. Ashutosh Ghade, Advocates for SDMC. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % ORDER0512.2017 1. The present writ petition assails the order dated 14.07.2015 in O.A9072013, whereby while allowing the O.A. of the petitioner, the Central Administrative Tribunal, Principal Bench, New Delhi has restricted the consequential relief of payment of arrears to him for a period of one year prior to the date of filing of the O.A.2. Briefly stated, the facts as emerge from the records are that the petitioner was appointed as an Assistant Malaria Inspector (hereinafter referred to as AMI) in the erstwhile Municipal Corporation of Delhi on 08.03.1978. Upon introduction of the ACP Scheme w.e.f. 09.08.1999, the petitioner became entitl...

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Dec 05 2017 (HC)

Sushil Arora vs.state

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:25. h July, 2017 Date of Decision:5. h December, 2017 CRL.A. 1284/2015 % + SUSHIL ARORA STATE ..... Appellant Through Mr. Vikas Arora & Ms. Radhika Arora, Advocates alongwith appellant in person. versus ..... Respondent Through Ms. Aashaa Tiwari, APP alongwith SI Parveen Rathee, P.S. Chanakyapuri. CRL.A. 53/2016 RAJESH PANDEY ..... Appellant Through Ms. Prachi Gupta, Advocate alongwith appellant in person. versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through Ms. Aashaa Tiwari, APP alongwith SI Parveen Rathee, P.S. Chanakyapuri. CRL.A. 190/2016 HEMANT GARG ..... Appellant Through Mr. K. Singhal and Ms. Heena, Advocates. versus STATE NCT OF DELHI ..... Respondent Through Ms. Aashaa Tiwari, APP alongwith SI Parveen Rathee, P.S. Chanakyapuri. CRL.A. 1248/2015 + connected matters Page 1 of 94 CRL.A. 1338/2015 VISHNU S/O PANCHU RAM ..... Appellant Through Mr. M.N. Dudeja & Mr. Rajesh Kaushik, Advocates. versus STATE NCT OF DEL...

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Dec 05 2017 (HC)

Mohd Abul Fazal Farooqi vs.union of India and Ors

Court: Delhi

$~32 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:05. h December, 2017 + W.P.(C) 11423/2016 MOHD ABUL FAZAL FAROOQI Through: Mr. S.K. Rout, Adv. ........ Petitioner versus UNION OF INDIA AND ORS ........ RESPONDENTS Through: Mr. Yeeshu Jain, Standing Counsel for LAC/ L&B with Ms. Jyoti Tyagi, Adv. Mr. Dhanesh Relan and Ms. Gauri Chaturvedi, Advs. for DDA CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. Counter affidavit has been handed over in Court by Mr. Jain, learned Standing Counsel for LAC. The same is taken on record. Copy is supplied to Mr. Rout.2. With the consent of the learned counsel for parties, the petition is set down for final hearing and disposal.3. This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to the land measuring 5 bighas 18 biswa bearing Khasra No.235 (05-18), Village Okhla, District South-East,...

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Dec 05 2017 (HC)

Sunita Loona & Ors vs.manu Kumar & Ors

Court: Delhi

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Decided on:05. h December, 2017 CM(M) 1379/2017 and CM4421144212/2017 SUNITA LOONA & ORS ........ Petitioners Through: Mr. Pradeep K. Bakshi and Mr. Puneet Khurana, Advocates versus MANU KUMAR & ORS ........ RESPONDENTS Through: Mr. Pawan Mathur, Standing counsel for R-3/DDA CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The civil suit (CS no.88/2017) was instituted by the first and second respondents herein (plaintiffs) in the year 2001 seeking the relief of declaration respecting the right, title and interest in the subject property. The suit is being contested by the defendants which includes the petitioners herein. It appears one of the contentions urged by the said defendants has been that they are in possession of the subject property (a vacant plot of land) and the suit seeking the relief of declaration simplicitor without the consequential relief could not be maintained, reference being made in this regard to Section 34 ...

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Dec 05 2017 (HC)

Jaspal Kaur (Since Deceased) Thr Her Lrs vs.municipal Corporation of D ...

Court: Delhi

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:05. 12.2017 + LPA5192017 JASPAL KAUR (SINCE DECEASED) THR HER LRS ..... Appellant Through: Ms. Amrit Kaur Oberoi, Adv. versus MUNICIPAL CORPORATION OF DELHI ..... Respondent Through: Ms. Puja Kalra, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.(ORAL) CM No.27440/2017(for substitution of LRs) 1. This is an application for substitution of legal representatives of Appellant No.3 on record.2. For the reasons stated in the application, the application is allowed. The legal representatives of Appellant No.3 are brought on record. Amended memo of parties is taken on record. The application stands disposed of.3.4. LPA5192017 Page 1 of 11 LPA5192017 & CM No.27437/2017(stay) 1. The Appellants impugn the judgment dated 20.02.2017, whereby the petition of Smt. Jaspal Kaur, the predecessor of the Appellants, seeking a direction to the respondent-MCD to allot a plot of 440 Sq....

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