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Delhi Court March 2017 Judgments

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Mar 22 2017

The New India Assurance Co. Ltd. Vs.suman Gupta & Ors.

Court: Delhi

Decided on: Mar-22-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 22, 2017 MAC.APP. 300/2008 & C.M.6869/2008 THE NEW INDIA ASSURANCE CO. LTD ..... Appellant Through: Ms. Jyoti Nagpal and Mr. Alok Kumar Srivastav, Advocates versus SUMAN GUPTA & ORS Through: Nemo .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT Vide impugned Award of 1st March, 2008, Motor Accident Claims Tribunal, Delhi (hereinafter referred to as Tribunal) grants compensation of `2,94,900/- with interest @7% per annum on account of death of Pramod Gupta, driver of scooter in question in a road accident on 9th September, 2003. The facts as noted in impugned Award need no reproduction. Suffice to note that the deceased was driving the scooter in question when it had met with an accident. Respondent No.6, owner of scooter in question, has not deposed before learned Tribunal and even appellant had also not deposed before learned Tribunal. On the strength Page 1 of 3 MAC.APP.300/2008 of evidence le...


Mar 22 2017

Sukh Ram vs.directorate of Enforcement & Anr

Court: Delhi

Decided on: Mar-22-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA1522017 SUKH RAM Pronounced on:22. d March, 2017 ..... Appellants Through: Mr.Kirti Uppal, Sr.Adv. with Mr.Ajay Laroia, Ms.Sahiba Pantel, Ms.Sumati Sharma, Mr.Siddharth Chopra, Ms.Meenakshi, Advs. Versus DIRECTORATE OF ENFORCEMENT & ANR ........ RESPONDENTS Through: Mr.Anurag Ahluwalia, CGSC with Ms.Nisha Sharma, Mr.Bhav Rarora, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT Ms.G.ROHINI, CHIEF JUSTICE C.M.No.8530/2017(exemptions) Allowed, subject to all just exceptions. C.M.No.8531/2017(delay of 4 days in refilling) Heard. In view of the facts and circumstances explained in the application, the delay in re-filing the appeal papers is condoned and the application is disposed of. C.M.No.8528/2017(to condone the delay of 201 days in filing) Heard. LPA1522017 Page 1 of 6 It is pleaded that the appellant/applicant, who is 91 year old and is suffering from various health ailments was held up in his ...


Mar 22 2017

Govt of Nct of Delhi vs.sanjay & Ors.

Court: Delhi

Decided on: Mar-22-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:22. d March, 2017 LPA1382017 & CM No.7656/2017 (delay in filing) GOVT OF NCT OF DELHI Versus SANJAY & ORS. ..........Appellant ......Respondents + LPA1392017 & CM No.7664/2017 (delay in filing) GOVT OF NCT OF DELHI Versus DHAN RAJ & ANR. ..........Appellant ......Respondents None for respondents. Present: Mr. B. Mahapatra, Advocate for appellant. CORAM HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT1 The Government of NCT of Delhi/respondent in W.P.(C)No.8636/2016 and W.P(C) No.8566/2016 is the appellant before us.2. Though the said petitions were disposed of by separate orders, since both the petitions involve common questions of fact and law they are heard and decided together.3. At the outset, it may be mentioned that there is a delay of 104 days in filing LPA No.138/2017 and there is a delay of 108 days in filing LPA No.139/2017. The only explanation offered in the applications is that the ...


Mar 22 2017

Pradeep Kumar vs.principal Marwari Sr. Sec. School & Ors.

Court: Delhi

Decided on: Mar-22-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % PRADEEP KUMAR W.P.(C) No.2575/2017 22nd March, 2017 ........ Petitioner Through: Mr. Varun Aggarwal and Mr. Pradeep Kumar, Advocates. versus PRINCIPAL MARWARI SR. SEC. SCHOOL & ORS. ........ RESPONDENTS Through: Ms. Seema Dolo, Advs. for R-2. 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 Article 226 of the Constitution of India, petitioner seeks the relief of directions being issued to the respondent no.1, for issuing to the petitioner, the roll number for appearing in Class 10th Board Examinations.2.... Petitioner by the letter dated 23.2.2017 was informed that petitioner will not be allowed to appear in the examination for 10th Class for the year 2016-2017.3. Though no reason is mentioned in this letter dated 23.2.2017, but counsel for the petitioner states that the reason is that W.P.(C) No.2575/2017 Page 1 of 3 attendance of 60% is required wher...


Mar 22 2017

Capt. Suresh Kumar vs.union of India & Anr.

Court: Delhi

Decided on: Mar-22-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.780/2004 & conn. + % + W.P.(C) No.780/2004 CAPT. SURESH KUMAR22d March, 2017 ........ Petitioner Mr. Rakesh Khanna and Mr. Udit Kumar, Advocates. Through: UNION OF INDIA & ANR. versus ........ RESPONDENTS Through: Mr. Rohit Aggarwal, Advocate + W.P.(C) No.13357/2004 CAPT. A.K.DEWAN Through: INDIAN AIRLINES LIMITED versus Through: for R-2. ........ Petitioner Mr. Rakesh Khanna and Mr. Udit Kumar, Advocates. ..... Respondent Mr. Rohit Aggarwal, Advocate. 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 Article 226 of the Constitution of India, the petitioner, who was an Executive Pilot with the respondent no.2/employer/Indian Airlines Ltd, seeks the relief of payment of flying allowances at the time of encashment of accumulated leave of the petitioner.... Petitioner was declared Permanently Medically Unfit W.P.(C) No.780/2004 & conn. Page 1 of 9 (...


Mar 22 2017

Soni @ Mehtab vs.the State Gnct of Delhi

Court: Delhi

Decided on: Mar-22-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:28. h November, 2016 Decided on:22. d March, 2017 CRL.A. 154/2016 SONI @ MEHTAB ..... Appellant Represented by: Mr. Dhan Mohan and Ms. Tanu B. Mishra, Advocates. versus THE STATE GNCT OF DELHI ..... Respondent Represented by: Mr. Hirein Sharma, APP for the State with SI Hukam Chand, PS GTB Enclave. + CRL.A. 329/2016 JAHID @ BANTI ..... Appellant Represented by: Mr. Ajay Verma, Advocate. STATE + versus ..... Respondent Represented by: Mr. Ravi Nayak, APP for the State with SI Hukam Chand, PS GTB Enclave CRL.A. 424/2016 SALEEM @ MENDAK ..... Appellant Represented by: Mr. Saurabh Kansal, Advocate STATE for Ms. Pallavi S. Kansal, Advocate. versus Represented by: Ms. Meenakshi Chauhan, APP ..... Respondent for the State with SI Hukam Chand, PS GTB Enclave CRL.A. 154/2016, 329/2016 & 424/2016 Page 1 of 8 CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 Vide impugned judgment dated 17th November, 2015 Soni @ Mehtab, Jahid @ Banti, and Saleem @ ...


Mar 22 2017

State vs.rahul Sharma @ Shamsher Singh

Court: Delhi

Decided on: Mar-22-2017

$~10 *IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 775/2015 & Crl.M.A.No.18385/2015 STATE Date of decision :22. d March, 2017 Through: Ms. Nandita Rao, SC for the ........ Petitioner State with SI Om Parkash from PS Parliament Street versus RAHUL SHARMA @ SHAMSHER SINGH Through: Mr. Asim Ali, Adv. ..... Respondent CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT (ORAL) GITA MITTAL, J.Crl.M.A.No.18385/2015 & Crl.L.P.775/2015 1. The instant petition seeks leave to appeal against the judgment dated 26th March, 2015 passed by the ld. Additional Sessions Judge in SC No.1arising out of FIR No.registered by the Police Station Parliament Street whereby the learned trial court has acquitted the respondent of the charge on which he was arraigned to stand trial. The appeal is accompanied Crl.L.P.No.775/2015 Page 1 of 6 with Crl.M.A.No.18385/2015 praying for condonation of delay of 160 days in filing the leave petition.2. The record of the trial court has been...


Mar 22 2017

Master Neel Dayal & Ors vs.someshwar Dayal & Ors

Court: Delhi

Decided on: Mar-22-2017

% + *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d March, 2017 CS(OS) No.168/2016 & IA No.4405/2016 (u/O39R-1&2 CPC). MASTER NEEL DAYAL & ORS .... Plaintiffs Through: Mr. Sumit Bansal, Ms. Priyanka Kapoor and Ms. Richa Oberoi, Advs. for plaintiff No.3. Versus SOMESHWAR DAYAL & ORS ..... Defendants Through: Ms. Malavika Rajkotia and Mr. Ranjan N., Advs. CORAM:-"HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The three plaintiffs seek partition of E-27, Poorvi Marg, Vasant Vihar, New Delhi with ancillary reliefs, pleading (i) that the plot of land underneath the property was allotted to one Mr. Jagdishwar Dayal who constructed a house on the front portion of the property; (ii) this was a joint Hindu Undivided Family (HUF) property of Shri Jagdishwar Dayal as Karta along with his sons namely Shri Maheshwar Dayal, Shri Yogeshwar Dayal (defendant no.4) and Shri Nareshwar Dayal (defendant no.5); (iii) that Shri Jagdishwar Dayal expired in the year 1975 and on his death his Class-I le...


Mar 22 2017

Anand & Co. Through: Its Proprietor vs.indian Oil Corporation Ltd. & O ...

Court: Delhi

Decided on: Mar-22-2017

$~32 *IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 2608/2017 Judgment delivered on:22. 03.2017 ANAND & CO. THROUGH: ITS PROPRIETOR ........ Petitioner ........ RESPONDENTS versus INDIAN OIL CORPORATION LTD. & ORS Advocates who appeared in this case: For the... Petitioner For the Respondent CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Paramjeet K. Benipal, Adv. : : Brig. M.L. Khattar and Mr. Rakesh Dahiya, Advocates JUDGMENT2203.2017 SANJEEV SACHDEVA, J.(ORAL) CM No.11299/2017 (Exemption) Allowed, subject to all just exceptions. W.P.(C) 2608/2017 & CM No.11298/2017 1. The petitioner seeks a quashing of letter dated 18.03.2015 and also seeks waiver of the remaining period of one year out of three years of placing the petitioner in holiday list vide order dated 18.03.2015. WP(C) 2608/2017 Page 1 of 3 2. Learned counsel for the petitioner submits that the petitioner would be satisfied in case the respondents were to consider reducing the period of debarment and waiving the period ...


Mar 22 2017

Rachna & Ors. Vs.union of India

Court: Delhi

Decided on: Mar-22-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~2 * % + FAO1342016 RACHNA & ORS. Date of Decision:22. d March, 2017 ..... Appellant Through: Mr. S.K. Vashistha, Ms.Nidhi Vashistha, Advocates versus UNION OF INDIA ..... Respondent Through: Mr. Amitava Poddar, Adv. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the impugned judgment dated 3rd February, 2016 whereby the Railway Claims Tribunal has dismissed the claim application of the appellants.2. The appellants are the widow, son and two daughters of late Dhan Prakash who died on 28th November, 2014. The deceased, Dhan Prakash fell down from Delhi Saharnpur passenger train at Old Delhi Railway Station. Late Dhan Prakash was holding a valid MST pass No.87931204 at the time of the accident. The respondent contested the claim on the ground that the deceased was negligent in boarding the train and therefore, not entitled to the compensation.3. The Railway Claims Tribunal dismissed the claim on the ground th...


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