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Delhi Court December 2017 Judgments

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Dec 04 2017 (HC)

Kailash Kumar Chalia vs.state & Ors.

Court: Delhi

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:04. h December, 2017 + TEST.CAS. 69/2011 KAILASH KUMAR CHALIA ........ Petitioner ..... Respondent versus STATE & ORS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS : : Mr. S.K. Bhaduri with Ms. Vandana None. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.1. This Petition under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as the Act) seeks Grant of probate/ Letters of Administration in respect of two Wills and Testaments both dated 26.06.2009 of Late Puran Dass Chalia and Late Smt. Lado Bai Chalia.2. The... Petitioner Sh.Kailash Kumar Chalia, son of Late Shri Puran Dass Chalia and Smt. Lado Bai Chalia (hereinafter referred to as the parents), contends that apart from the... Petitioner, the parents left behind Sh. Chittaranjan Kumar Chalia, the other son arrayed as Respondent No.2 and Smt. Usha Toberia daughter arrayed as Respondent No.3...

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Dec 04 2017 (HC)

United India Insurance Company Limited vs.sarita Devi & Ors.

Court: Delhi

$~R-633 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:4. h December, 2017 + MAC APPEAL No.1129/2012 UNITED INDIA INSURANCE COMPANY LIMITED ... Appellant Through: Mr. Shoumik Mazumdar, Advocate versus SARITA DEVI & ORS. ........ RESPONDENTS Through: Nemo. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Ram Naresh Mishra was travelling in a tempo bearing registration No.HR63A-2814 when it met with an accident on 18.06.2009 resulting in he suffering injuries and dying in the consequence. On accident claim case (MACT No.1184/2010), instituted by first to seventh respondents (collectively, the claimants), the tribunal held inquiry and, by judgment dated 10.05.2012, awarded compensation in the total sum of Rs.19,35,120/-, fastening the liability on the appellant (insurer), it admittedly having issued an insurance policy covering third party risk in respect of the offending vehicle. The said amount was calculated it being inclusive of Rs.25,000/- towards funeral expenses, Rs.1,75...

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Dec 04 2017 (HC)

Mass Education Primary Teachers Training Institute vs.national Council ...

Court: Delhi

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI LPA7692017 Judgment delivered on:04. 12.2017 MASS EDUCATION PRIMARY TEACHERS TRAINING INSTITUTE Through : Mr Mayank Manish and Mr ..... Appellant Ravi Kant, Advocates. versus % + NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ........ RESPONDENTS Through : Ms Arunima Dwivedi, Ms Preeti Kumra and Mr Nirbhay Kumar Pathak, Advocates for R-1 & 2. CORAM:-"HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE SANJEEV SACHDEVA S. RAVINDRA BHAT, J.(OPEN COURT) CM No.44029 /2017(exemption) Allowed, subject to all just exceptions. CM No.44049/2017(delay in filing appeal for 34 days) For the reasons stated in the application and in the interest of justice, the delay in filing the appeal is condoned. The application is disposed of. LPA7692017 Page 1 of 7 LPA7692017 & 1. Issue notice. Ms Arunima Dwivedi, Advocate accepts notice for the respondents.2. With the consent of the learned counsel for the parties, the Appeal is heard today.3. The Appellant is ...

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Dec 04 2017 (HC)

Rukmani Devi & Ors. Vs.icici Lombard General Insruance Company Ltd. & ...

Court: Delhi

$~R-629 & 630 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:04. h December, 2017 + MAC APPEAL11202012 and CM179702012 and 17972/2012 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Neerja Sachdeva, Advocate versus RUKMANI DEVI & ORS. Through: Ms. Kavita Tyagi ........ RESPONDENTS for Mr. Navneet Goyal, Advocate for R-1 to 7 + MAC APPEAL4042013 RUKMANI DEVI & ORS. ..... Appellants Through: Ms. Kavita Tyagi for Mr. Navneet Goyal, Advocate versus ICICI LOMBARD GENERAL INSRUANCE COMPANY LTD. & ORS. ........ RESPONDENTS Through: Ms. Neerja Sachdeva, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Deep Chand, born on 15.01.1963, suffered injuries in a motor vehicular accident that had occurred on 31.07.2008 due to negligent MACA Nos.1120/2012 & 404/2013 Page 1 of 5 driving of truck bearing registration no.HR-38M-5746 admittedly insured against third party risk with ICICI Lombard General Insurance Company Ltd. (insurer) for the period in q...

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Dec 04 2017 (HC)

Balraj vs.govt. Of Nct of Delhi and Ors.

Court: Delhi

$~R-75 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h December, 2017 * % + W.P.(C) 12173/2015 BALRAJ Versus Through: Mr. Lalit K. Rawal and ........ Petitioner Mr. Sunil K. Goel, Advs. GOVT. OF NCT OF DELHI AND ORS. ........ RESPONDENTS Through: Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Adv. for L&B/LAC. Mr. Dhanesh Relan, Adv. and Ms. Akshita Manocha, Adv. for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J (ORAL) 1. At the outset, counsel for the LAC submits that since the name of the parties are identical, the counter-affidavit of W.P.(C) 12173/2015 has been filed in W.P.(C) 12176/2015 and vice versa. Office shall place the correct counter-affidavit in the files of the respective writ petitions.2. 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...

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Dec 04 2017 (HC)

Kalu Ram vs.govt of Nct of Delhi & Ors.

Court: Delhi

$~R-43 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:4. h December, 2017 + W.P. (C.) No.12163/2015 KALU RAM Through Mr. Lalit Kumar Rawal and Mr. Sunil ........ Petitioner versus K. Goel, Advocates 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, Mr. Sanjay Singh and Mr. Rohan Mehra, Advocates for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. Ms. Tyagi states as the petitioner has filed two petitions including W.P.(C) 12133/2015, and the counter affidavit of this writ petition has been filed in that writ petition and vice versa. We have called for this writ petition and directed the registry to interchange the counter affidavits.2. With the consent of the parties, as this petition involves identical issue as in W.P.(C) 12133/2015 which is on the Board as item 60, the present petition is set down for final hearin...

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Dec 04 2017 (HC)

Harinder Kaushik vs.union of India and Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h December, 2017 % + W.P.(C) 6104/2016 HARINDER KAUSHIK ........ Petitioner Through: Mr. Arun K. Sharma and Mr. Amiet Andley, Advs. UNION OF INDIA AND ORS. versus ........ RESPONDENTS Through: Mr. Anuj Aggarwal with Ms. Deboshree Mukherjee, Adv. for R1. Mr. Siddharth Panda, Adv. for LAC/L&B. Mr. Shantanu Sagar, Mr. Prashant Ranjan Raj and Mr. Sashwat Anand, Advs. for R2. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J (ORAL) 1. With the consent of the parties, the writ petition is set down for final hearing and disposal.2. This is a petition filed under Article 226 of the Constitution of India by the petitioner.... Petitioner seeks a declaration that the acquisition proceedings with respect to the land comprised in Khasra No.47/1(3-4), (4-10), (4-16) and (4-16) measuring 3 Acre 3 Bighas and 4 biswas (17-12) (to the extent of share of petitioner) and Khasra No.(4-16), 47/2(2-16), 5(4...

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Dec 04 2017 (HC)

Kadam Singh vs.tulsi & Ors

Court: Delhi

$~12 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:4. h December, 2017 CM(M) 1230/2016 and CM Nos.44294-44295/2016 KADAM SINGH ........ Petitioner Through: Mr. R.N. Dubey, Advocate versus ........ RESPONDENTS Through: Mr. Anuroop P.S., Advocate TULSI & ORS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The petitioner had instituted a civil suit (CS No.118/11/1999) on 16.06.1999 against the respondents herein seeking relief of permanent injunction. The suit was contested and the parties went to trial on the basis of issues framed, that were settled on 18.08.2000. The respondents (defendants) had set up a Will purportedly executed by Mam Raj, the predecessor-in-interest of the parties, the validity and legality whereof was the subject matter of the second issue. The Civil Judge, by judgment dated 23.09.2013, disposed of the said suit observing that the issue regarding validity of the Will could not be re-agitated in such proceedings. It has been, however, clarified by the...

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Dec 04 2017 (HC)

Promila Prabhakar vs.gulbir Singh & Ors.

Court: Delhi

$~R-627 & 628 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:04. h December, 2017 + MAC APPEAL11172012 and CM179512012 THE NEW INDIA ASSURANCE COMPANY LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate versus PROMILA PRABHAKAR & ORS. Through: None ........ RESPONDENTS + MAC APPEAL1842013 PROMILA PRABHAKAR ..... Appellant Through: None versus GULBIR SINGH & ORS. ........ RESPONDENTS Through: Mr. Pankaj Seth, Adv. for R- 3/insurance company CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Vikas Prabhakar, a bachelor, stated to be 26 years old, died due to the injuries suffered by him in a motor vehicular accident that occurred on 11.10.1997, statedly due to negligent driving of a bus bearing registration no.DL-1P-3703 by the fourth respondent (driver). His parents, first and second respondents, instituted accident claim MACA Nos.1117/2012 & 184/2013 Page 1 of 4 case (MACT1399/11) on 29.07.1999 impleading the siblings of the deceased, they being fifth and sixth responden...

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Dec 04 2017 (HC)

United India Insurance Company Limited vs.manjeet & Ors.

Court: Delhi

$~R-636 & R-637 (common order) IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:4. h December, 2017 + MAC APPEAL No.1138/2012 UNITED INDIA INSURANCE COMPANY LIMITED ... Appellant Through: Mr. A.K. De, Advocate with Mr. Zadhid Ali, Advocate versus POOJA & ORS. ........ RESPONDENTS Through: Mr. Navneet Goyal, Advocate with Ms. Kavita Tyagi, Advocate for R-1 to R-4. + MAC APPEAL No.1139/2012 UNITED INDIA INSURANCE COMPANY LIMITED ... Appellant Through: Mr. A.K. De, Advocate with Mr. Zadhid Ali, Advocate Versus MANJEET & ORS. ........ RESPONDENTS Through: Mr. Navneet Goyal, Advocate with Ms. Kavita Tyagi, Advocate for R-1 to R-4. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Dinesh Maan and Sudesh Kumar, suffered injuries in a motor vehicular accident that had occurred on 03.05.2009, due to negligent driving of motor vehicle described as car bearing registration No.DL- MACA11382012 & 1139/2012 Page 1 of 6 4CAF-3479 and died in the consequence. Two accident claim cases (MACT No7...

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