Delhi Court July 2017 Judgments
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M/S Kataria Constructions Pvt Ltd vs.r.p. Gupta
Court: Delhi
Decided on: Jul-27-2017
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:27. 07.2017 CS(OS) 233/2011 M/S KATARIA CONSTRUCTIONS PVT LTD ..... Plaintiff versus R.P. GUPTA Advocates who appeared in this case: ..... Defendant For the Plaintiff For the Defendant :, Mr. Vivekanand, Advocate. : Mr. G.B.. Tulsiani, Advocate with defendant in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2707.2017 SANJEEV SACHDEVA, J.(ORAL) CS(OS) 233/2011 1. This is a suit for declaration, specific performance and injunction. As per the plaintiff, the defendant had entered into an agreement to sell with regard to the property No.A-10/14, Vasant Vihar, New Delhi. On the failure of the defendant to perform the agreement, the present suit was filed seeking declaration, specific performance, possession and injunction.2. The parties were referred to mediation. The parties have settled CS(OS)233/2011 Page 1 of 3 their disputes through the process of mediation and executed settlement agreement dated 31.0...
Sh. Parmod Kumar Gupta vs.smt. Ram Murti Devi and Ors.
Court: Delhi
Decided on: Jul-27-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.309/2006 + % SH. PARMOD KUMAR GUPTA Through:27. h July, 2017 ..... Appellant Mr. S.D.Ansari and Mr. I. Ahmed, Advocates. SMT. RAM MURTI DEVI AND ORS. versus ........ RESPONDENTS Through: Mr. Shyam D. Nandan and Mr. Siddharth Bambha, Advocates for R-1 and 2. Ms. Savita Malhotra and Ms. Suman Malhotra, Advocates. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed against the impugned judgment of the trial court dated 27.9.2005. By the judgment dated 27.9.2005, two applications filed by the defendant no.2 in the suit; namely Sh. Ankit Gupta, respondent no.2 herein; were decided. The first application for setting aside of the compromise order dated RFA No.309/2006 Page 1 of 11 26.5.2000 recorded between the plaintiff and the defendant no.3 in the suit was dismissed, and the second appl...
The New India Assurance Co. Ltd. Vs.smt. Amna Khatoon & Ors.
Court: Delhi
Decided on: Jul-27-2017
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h July, 2017 + MAC APPEAL No.396/2017 THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. J.P. N. Shahi, Adv. versus SMT. AMNA KHATOON & ORS. ........ RESPONDENTS Through: Mr. Shekhar Aggarwal & Mr. Suresh Kumar, Adv. for R CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Azmat @ Arsad died in motor vehicular accident that occurred on 20.03.2014 statedly due to negligent driving of motor vehicle No.RJ32GA4072 which was admittedly insured against third party risk with the appellant insurance company (insurer). His widow and other members of the family dependent upon him instituted accident claim case (MACP2082014) impleading the driver, owner and insurer of the vehicle as respondents. The tribunal, after inquiry, by judgment dated 23.02.2017, upheld the case of claim for compensation on the principle of fault liability and awarded compensation in the sum of Rs. 13,41,610/- with interest @ 10% per annum directi...
Praveen Kumar Garg vs.sitaram Mehto & Ors
Court: Delhi
Decided on: Jul-27-2017
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h July, 2017 + MAC.APP. 924/2016 and CM413042016 PRAVEEN KUMAR GARG ..... Appellant Through: Mr. Ashok Popli, Advocate versus SITARAM MEHTO & ORS ........ RESPONDENTS Through: Ms. Sunita Jain for Ms. Vandana Surana, Advocate for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant is the registered owner of the truck bearing registration no.HR-74-3407 which was carrying bricks as cargo at the relevant point of time. It appears the truck was moving from the side of Escorts Hospital and had reached near Bagga Link Service Ltd. at about 1.00 a.m. on 01.09.2011. The truck suddenly tilted to its left side and overturned so as to fall on a three wheeler scooter (TSR) bearing registration no.DL-1RK-9812 crushing and damaging it.2. The owner of the TSR, Sitaram Mehto (first respondent), instituted an accident claim case (suit on.237/14) on 04.12.2012 alleging negligence on the part of the truck driver on the grou...
Delhi Finance Corporation vs.m/s Poly Crafts
Court: Delhi
Decided on: Jul-27-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h July, 2017 CM(M) No.612/2017 DELHI FINANCE CORPORATION ........ Petitioner Through: Mr. Sanjay Poddar, Sr. Adv. with Ms. Saahila Lamba & Mr. Govind Poddar, Advs. M/S POLY CRAFTS Versus ..... Respondent Through: Mr. C.S. Gupta & Ms. Kritika, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This petition under Article 227 of the Constitution of India impugns the order [dated 9th March, 2017 in RCA No.05/2016 (Registration No.61775/2016) of the Court of Additional District Judge (ADJ) (Central)-10, Tis Hazari Courts, Delhi]. of restraining the petitioner from initiating recovery proceedings against the respondent or from selling the factory premises of the respondent at F-22, Phase-I, Okhla Industrial Area, New Delhi subject to the respondent (appellant in the appeal) furnishing bank guarantee of Rs.20 lacs in favour of the petitioner (respondent in the appeal).2. 3.4. The petition was entertained and notice thereof ...
Naseema Begum vs.mohd Javed & Ors.
Court: Delhi
Decided on: Jul-27-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % NASEEMA BEGUM RSA No.191/2017 27th July, 2017 Through: Mr. Brahm S. Nagar, Advocate. ..... Appellant versus MOHD JAVED & ORS. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ........ RESPONDENTS To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.26262/2017 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. RSA No.191/2017 1. By this Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) the defendant in the suit impugns the concurrent judgments of the courts below; of the trial court dated 26.10.2012 and the first appellate court dated 27.2.2017; RSA No.191/2017 Page 1 of 13 whereby the suit of the respondents/plaintiffs for injunction has been partly decreed and the appellant/defendant has been restrained from selling, alienating or creating third party interest in the first floor of the suit property. Rights were claimed by the res...
Ricky Kane & Ors. Vs.state & Anr.
Court: Delhi
Decided on: Jul-27-2017
$~41 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2130/2017 RICKY KANE & ORS ........ Petitioners Through: Mr. S.D. Pushkar, Advocate along with petitioners in person. STATE & ANR versus ........ RESPONDENTS Through: Mr.Peeyush Bhatia, Adv. for Mr.R.S. Kundu, ASC for the State with ASI Sanjeev Kumar, PS K. Puram. Ms. Rajshri, Advocate respondent No.2 in person. for R-2 along with CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER2707.2017 % Notice. Learned counsel for the State, who appears on an advance copy, accepts notice. Notice to respondent No.2 also. She appears in person with counsel and is duly identified by the IO ASI Sajeev Kumar. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing of the FIR bearing No.684/2015, registered on 24.09.2015 with Police Station Keshav Puram, North West, Delhi, under Sections 498A/4IPC. The marr...
Saranya Tripathy vs.govt. Of Nct of Delhi & Ors
Court: Delhi
Decided on: Jul-27-2017
$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :21. 7.2017 Judgment delivered on :27. 7.2017 + W.P.(C) 8136/2016 & C.M. No.33696/2016 SARANYA TRIPATHY ........ Petitioner Through: Mr S.S. Lingwal, Adv versus GOVT. OF NCT OF DELHI & ORS ........ RESPONDENTS Through: Mr Siddhartha Shankar Ray, Adv for R-1. Ms Avnish Ahlawat with Ms Palak Rohmetra, Adv for DTU/R-2. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1.... Petitioner is aggrieved by the order dated 11.01.2016 as also the subsequent order dated 30.8.2016 passed by respondent no.2 whereby the hostel accommodation allotted to the petitioner stood cancelled and a fine of Rs.5000/- has been imposed upon her as penal charges which was pursuant to a disciplinary enquiry held against the petitioner. W.P.(C) 8136/2016 Page 1 of 13 2. Record shows that the petitioner, a student of B.Tech (3 years course) of respondent no.2 had applied for hostel accommodation as per the rules. She was eligible for the ac...
Ashok Kumar & Ors. Vs.m/s. Hindustan Vegetable Oil Co
Court: Delhi
Decided on: Jul-27-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: July 27th,2017 + W.P (C) No.12666/2004 ASHOK KUMAR & ORS. ........ Petitioners Through: Mr.Umesh Sharma, Adv. versus M/S. HINDUSTAN VEGETABLE OIL CO. ..... Respondent Through: None CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT1 The present writ petition challenges award, dated 13th August, 2003, passed by the Labour Court (X), Karkardooma in ID No.1440/95.2. Mr.Umesh Sharma, learned counsel appearing on behalf of the petitioners, confines his challenge to para 10 of the impugned award, which reads as under: Now, comes the turn as to what relief should be granted to the workers. Ordinarily a workman becomes entitled to reinstatement and full back wages once the order of termination is regarded illegal and unlawful. The workers in this case have worked with the management for two and two and half years as a packer. The litigation is pending for the last about 12 years. In these circumstances, I feel that it would meet the e...
Oriental Insurance Company Ltd vs.beena Puri & Ors
Court: Delhi
Decided on: Jul-27-2017
$~12 to 15 (common order) * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h July, 2017 + MAC.APP. 478/2015 ORIENTAL INSURANCE COMPANY LTD..... Appellant Through: Mr. Tarkeshwar Nath, Adv. with Mr. Onkar Nath, Adv. versus SUKHPAL SINGH & ANR ........ RESPONDENTS Through: Mr. Abhishek Rai, Advocate for R-2 along with R-2 in person. + MAC.APP. 480/2015 ORIENTAL INSURANCE COMPANY LTD..... Appellant Through: Mr. Tarkeshwar Nath, Adv. with Mr. Onkar Nath, Adv. versus OM PRAKASH & ANR ........ RESPONDENTS Through: Mr. Abhishek Rai, Advocate for R-2 along with R-2 in person. + MAC.APP. 481/2015 ORIENTAL INSURANCE COMPANY LTD..... Appellant Through: Mr. Tarkeshwar Nath, Adv. with Mr. Onkar Nath, Adv. versus SURAJ PAL & ANR ........ RESPONDENTS Through: Mr. Abhishek Rai, Advocate for R-2 along with R-2 in person. MACA4782015 etc. Page 1 of 8 + MAC.APP. 320/2016 ORIENTAL INSURANCE COMPANY LTD Through: Mr. Tarkeshwar Nath, Adv. with Mr. Onkar Nath, Adv. ..... Appellant versus BEENA PURI &...
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