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Delhi Court February 2017 Judgments

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Feb 16 2017

The New India Assurance Co. Ltd. Vs.ram Ishwar Yadav & Anr.

Court: Delhi

Decided on: Feb-16-2017

$~15 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:16. h February, 2017 FAO3062016 THE NEW INDIA ASSURANCE CO. LTD...... Appellant Through: Mr.Pankaj Seth, Adv. versus RAM ISHWAR YADAV & ANR. ........ RESPONDENTS Through: Mr. Raj Rishi, Adv. for Respondent no.1. Mr. Anil Sehgal, Adv. for respondent no.2. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the order of the Commissioner, Employees Compensation whereby the compensation of Rs.7,94,131/- has been awarded to respondent no.1.2. On 5th March, 2015 at 6.00 am, respondent no.1 employed as a driver with respondent no.2, was driving insured vehicle No.HR-38M- 2184 while going to Bilaspur in Chhattisgarh when a power cable wire touched the vehicle which resulted in grievous injuries to respondent no.1 due to electrocution and his right hand and four toes of the left leg were amputated. Respondent no.1 filed an application for compensation before the Commissioner, Employees Compensa...


Feb 15 2017

Narendra Nath Nanda vs.state & Ors.

Court: Delhi

Decided on: Feb-15-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved On :February 08, 2017 Judgment Delivered On : February 15, 2017 FAO (OS) 02/2011 NARENDRA NATH NANDA .....Appellant Represented by: Mr.Sacchin Puri, Sr.Advocate instructed by Ms.Poorva Pant and Mr.Udit Malik, Advocates STATE & ORS. versus .....Respondents Represented by: Ms.Anju Bhattacharya, Advocate with Mr.Elgin Matt John, Adv. for R-2 & 3 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA PRADEEP NANDRAJOG, J.1. Appellant filed a petition under Section 278 of the Indian Succession Act, 1925 for grant of Letters of Administration for the estate left behind by his mother late Smt.Krishna Pyari Nanda, who died in New Delhi on March 08, 1994. It was pleaded by the appellant that the deceased was survived by four sons and had died intestate. The three siblings were impleaded as respondents. They set up a will, Ex.R-1, dated November 05, 1987 as the last legal and valid testament executed by Krish...


Feb 15 2017

Subhajit Banerjee vs.state Govt of Nct of Delhi

Court: Delhi

Decided on: Feb-15-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~9. * + % W.P.(CRL) 804/2016 and Crl.M.A. Nos. 4399 & 5015/2016 Date of Decision:15. 02.2017 SUBHAJIT BANERJEE ........ Petitioner Through: Mr. Ajayinder Sangwan, Tarunesh Kumar, Rishina Parashar, Narendera Singh, Rohan Sharma, Irfan Firdous, V.P. Singh, Kunal Chopra, Anirudha Kumar and Sweety, Advocates versus STATE GOVT OF NCT OF DELHI ..... Respondent Through: Mr. R.S. Kundu, ASC with Mr. Ankit Kr Gulia, Adv. with SI Vikas Kumar, PS Bindapur CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(OPEN COURT) 1. The petitioner has preferred the present writ petition to seek the quashing of FIR12502015 registered under Section 380 IPC at PS Bindapur and the proceedings arising therefrom. The petitioner also seeks the quashing of the order dated 11.01.2016 passed by the learned MM, Dwarka Courts in the said case, whereby NBWs were issued against the petitioner/ accused. W.P.(CRL) 804/2016 Page 1 of 12 2. The background facts may be noted. The a...


Feb 15 2017

Usha vs.sunil Kumar & Ors

Court: Delhi

Decided on: Feb-15-2017

$~50 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA3902016 USHA Through : Mr. Vipin Kumar, Advocate ..... Appellant versus SUNIL KUMAR & ORS ........ RESPONDENTS Through : Ms. Sipia, proxy counsel for R-1 and 2. Mr. Nawal Kishore Jha, Advocate for DDA. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER1502.2017 CM61012017 (by the appellant u/O XXIII R-1 CPC) 1. Pursuant to the order dated 19.1.2017, the parties had appeared before the Delhi High Court Mediation and Conciliation Centre and they have been able to arrive at a settlement. The terms and conditions of the settlement have been set out in para 11 of the Settlement Agreement dated 4.2.2017 forwarded by the Mediation Centre and placed on record.2. Counsels for the parties state that in accordance with the terms and conditions of the settlement, the respondents No.1 and 2 have agreed to pay a sum of Rs.4.50 lacs to the appellant in full and final settlement of all her claims, subject matter of the present appeal.3. Counsel for the ap...


Feb 15 2017

K vs.the State ( Nct of Delhi) & Anr

Court: Delhi

Decided on: Feb-15-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. h February, 2017 Crl.M.A.14459/2016(Spl. Leave for filing appeal) & CRL.A.664/2015 K Represented by: Mr. A.K. Dey, Adv. ........ Petitioner/Appellant versus THE STATE ( NCT OF DELHI) & ANR ..... Respondent Represented by: Mr. Hirein Sharma, APP for the State with SI Manoj Singh, PS Mehrauli. Mr. Bal Kishan, Adv. for R-2. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. The title of the appeal and application has been changed to conceal the identity of the petitioner/prosecutrix.2. The appellant/petitioner challenged the impugned judgment dated 26th February, 2015 passed by the learned Additional Sessions Judge acquitting the respondent for offence punishable under Section 376 IPC by filing the appeal which was numbered as Crl.A. No.664/2015. However, in view of the decision of the Supreme Court reported as 2015 (10) Scale 444 Satyapal Singh Vs. State of M.P. & Ors. the appellant/petitioner has now filed Crl.M.A...


Feb 15 2017

Ge T&d India Limited vs.reliable Engineering Projects and Marketing

Court: Delhi

Decided on: Feb-15-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 76/2016 Reserved on: January 17, 2017 Date of decision: February 15, 2017 GE T&D INDIA LIMITED ........ Petitioner Through: Mr. Tejas Karia, Mr. Surjendu Sankar Das and Mr. Siddharth Kochhar, Advocates versus RELIABLE ENGINEERING PROJECTS AND MARKETING ..... Respondent Through: Dr. Amit George, Advocate/Amicus Curiae. CORAM: JUSTICE S. MURALIDHAR JUDGMENT1502.2017 % IA No.4177/2016 (Seeking waiver of deposit) 1. GE T&D India Limited [earlier known as Alstom T & D India Limited (hereafter 'Alstom')]. has filed this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) challenging an Award dated 22nd November, 2015 passed by the Facilitation Council, Facilitation Cell, Kanpur (hereinafter FC) in the disputes between Alstom and the Respondent, Reliable Engineering Projects and Marketing (REPM).2. It is pointed out at the outset by the... Petitioner that the impugned Award comprises of two awards passed by...


Feb 15 2017

Arjun @ Changa vs.the State (Nct of Delhi)

Court: Delhi

Decided on: Feb-15-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :9. h FEBRUARY, 2017 DECIDED ON :15. h FEBRUARY, 2017 + CRL.REV.P. 546/2016 ARJUN @ CHANGA ........ Petitioner Through : Mr.Lav.K.Agrawal, Advocate with Mr.A.K.Mishra & Mr.Shiv Kumar Khinchi, Advocates. VERSUS THE STATE (NCT OF DELHI) ..... Respondent Through : Mr.Kamal K.Ghei, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Present Revision Petition has been preferred to challenge the legality and correctness of a judgment dated 18.03.2016 of learned Addl. Sessions Judge in Crl.A.No.07/2016 whereby the conviction by a judgment dated 24.09.2015 of learned Metropolitan Magistrate was upheld.2. Briefly stated, the case of the prosecution as set up in the charge-sheet was that on 23.02.2012 at around 07.30 p.m., the petitioner in furtherance of common intention with his associate Ritesh snatched a purse containing cash `3,000/-, voter ID card and other documents from the complainant and fled the spot. On raising alarm by the c...


Feb 15 2017

Sanjay Kumar & Anr vs.kamla Devi

Court: Delhi

Decided on: Feb-15-2017

$~14. * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA4382016 SANJAY KUMAR & ANR ..... Appellants Through: Mr. Joby P. Varghese, Advocate with appellants in person. versus KAMLA DEVI Through: Mr. Raj Kumar Bhartiya, Advocate with respondent in person. ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER1502.2017 1. The appellants (husband and wife) are aggrieved by the judgment dated 09.03.2016 passed by the learned trial court in a suit for possession and permanent injunction instituted against them by the respondent (mother of the appellant No.1 and mother-in-law of the appellant No.2) in respect of the first floor of premises bearing No.X-1711, Gali No.17, Rajgarh Colony, Delhi. Under the impugned judgment and decree, the trial court has passed a decree of possession in respect of the suit premises in favour of the respondent and also restrained the appellants from creating any third party interest in the suit premises.2. On the last date of hearing, the matter was adjourne...


Feb 15 2017

Feb 15 2017

Rajinder Kumar Gupta vs.the Govt. Of Nct of Delhi and Ors.

Court: Delhi

Decided on: Feb-15-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.330/2010 + % RAJINDER KUMAR GUPTA15h February, 2017 THE GOVT. OF NCT OF DELHI AND ORS. ........ Petitioner Through: Mr. Shiv Prakash Pandey, Advocate with petitioner in person. versus ........ RESPONDENTS Through: Mr. Rahul Sharma and Mr. C.K. Bhatt, Advocates for R-1 to 3 & 6. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition under Articles 226 and 227 of the Constitution of India the petitioner impugns the judgment of the Delhi School Tribunal (DST) dated 31.7.2009, and by which judgment the DST has dismissed the appeal filed by the petitioner challenging the orders dated 16.10.2002 and 14.11.2002 reflecting the termination of services of the petitioner from the respondent/New Saraswati Public Secondary School, Nangloi, Delhi, and which school is represented by respondent nos. 4 and 5. W.P.(C) No.330/2010 Page 1 of 10 2. The facts of the case as appe...


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