Delhi Court July 2017 Judgments
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National Insurance Company Ltd. Vs.raj Kumar & Ors.
Court: Delhi
Decided on: Jul-27-2017
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h July, 2017 + MAC APPEAL No.148/2015 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Manoj R. Sinha, Adv. versus RAJ KUMAR & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent, then aged 40 years, suffered injuries and permanent disability, assessed to be functional disability to the extent of 55%, as a result of motor vehicular accident that occurred on 11.03.2009 due to rash driving of motor vehicle No.DL3 AD1661 which was admittedly insured against third party risk with the appellant insurance company (insurer). He filed accident claim case (suit No.90/2014) on 20.03.2010 seeking compensation. The tribunal, after inquiry, by judgment dated 14.11.2014, awarded compensation in the total sum of Rs. 8,82,445/- with interest @ 9% per annum in his favour fastening the liability on the appellant. The said amount of compensation included Rs. 5,84,199...
M/S Iffco Tokio General Insurance Co Ltd vs.sushila Yadav & Ors
Court: Delhi
Decided on: Jul-27-2017
$~18 & 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h July, 2017 + MAC.APP. 726/2015 and CM202352015 M/S IFFCO TOKIO GENERAL INSURANCE CO LTD Through: Mr. Harsh Vardhan, Advocate ..... Appellant versus SUSHILA YADAV & ORS + MAC.APP. 66/2016 and CM Nos.2558/2016 and 2559/2016 Through: Mr. Partap Singh, Advocate ........ RESPONDENTS SUSHILA YADAV & ORS Through: Mr. Partap Singh, Advocate ..... Appellants versus CHETAN PARKASH KAUSHIK & ORS ........ RESPONDENTS Through: Mr. Harsh Vardhan, Adv. for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Sube Singh was employed in Delhi Police, then in the rank of Head Constable. He was moving on his motor cycle bearing no.DL- 4SBJ-0705 (the motor cycle) on 17.01.2013 upwards the Moti Bagh Flyover, having come from the side of Ring Road. It was around MAC Appeal Nos.726/2015 & 66/2016 Page 1 of 6 11.40 a.m. when his motor cycle came to be involved in a motor vehicular accident resulting in his death. The local police regi...
Shri Khiya Ram Khilwani & Anr vs.registrar of Cooperative Societies & ...
Court: Delhi
Decided on: Jul-27-2017
$~5 & 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5377/2014, CM No.10705/2014, CM No.17209/2014 & CM No.20072/2015 ARCHIT SHUKLA & ORS Through: Sh. A.K. Singhla, Sr. Advocate along with Mr. Sajan Arora, Advocate. ........ Petitioners THE REGISTRAR COOPERATIVE SOCIETIES, GOVT. OF NCT OF DELHI ..... Respondent versus Through: Mr. Anuj Aggarwal, ASC for GNCTD along with Ms. Niti Jain, Advocate for RCS. Ms. Iti Sharam, Advocate along with Mr. Puneet Sharma, Advocate for Society/Administrator. + W.P.(C) 1797/2015 & CM No.3200/2015 SHRI KHIYA RAM KHILWANI & ANR And ........ Petitioners Through: Sh. A.K. Singhla, Sr. Advocate along with Mr. Abhimanyu, Advocate. REGISTRAR OF COOPERATIVE SOCIETIES & ANR versus ........ RESPONDENTS Through: Mr. Anuj Aggarwal, ASC for GNCTD along with Ms. Niti Jain, Advocate for RCS. Ms. Iti Sharam, Advocate along with Mr. Puneet Sharma, Advocate for Society/Administrator. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % ORDER270...
Shiv Kumar Agarwal & Ors. Vs.state & Anr.
Court: Delhi
Decided on: Jul-27-2017
$~28 * + 1.2. 3. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1315/2017 SHIV KUMAR AGARWAL & ORS. ........ Petitioners Through: Mr. Amit Bhatia, Advocate along with petitioners in person. versus STATE & ANR. ........ RESPONDENTS Through: Ms. Kamna Vohra, ASC for the State with Insp. Prem Kumar, DIU/NW, Delhi. Mr. Arun Kumar Verma, Advocate for R-2 along with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER2707.2017 % 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.44/2016, registered on 12.01.2016 with PS Shalimar Bagh, Delhi, under Section 409/4IPC, which is registered on the complaint of the respondent No.2. It is submitted that the respondent No.2 has invested various amounts since 2005 till October, 2014 totalling to Rs.13,50,000/- with the petitioner No.4 company of which the pet...
Indovax Pvt. Ltd vs.merck Animal Health and Ors
Court: Delhi
Decided on: Jul-27-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. 07.2017 CS(OS) 2047/2013 & I.A. 17022/2013 INDOVAX PVT. LTD ..... Plaintiff Through: Mr. Mohit Chaudhary, Mr. A. Das, Ms. Rashi Bansal and Ms. Anju Agarwal, Advocates. versus MERCK ANIMAL HEALTH AND ORS ..... Defendants Through: Mr. Sachin Datta, Sr. Advocate with Mr. Ashwani Balwan and Ms. Shita Chandra, Advocates. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT IA No.3417/2014 (by D-3 U/o VII R11and u/O VIII R1r/w S. 151 CPC) 1. Vide this application, the defendant No.3 has challenged the territorial jurisdiction of this Court. The present suit was initially filed by the plaintiff for infringement of its trade mark and passing off. Subsequently, by way of amendment of the plaint, the plaintiff deleted its relief for infringement of its trade mark which fact is clear from the order of CS(OS) No.2047/2013 Page 1 this Court dated 18.11.2013. The suit of the plaintiff now remains for that of passing off.2. In the application, ...
Ajay Kumar vs.deepak Kumar
Court: Delhi
Decided on: Jul-27-2017
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:27. 07.2017 MAC.APP. 23/2017 AJAY KUMAR Through: Mr. Pranav Jain, Adv. ..... Appellant versus DEEPAK KUMAR ..... Respondent Through: Mr. Sandeep Sehgal and Mr. S.K. Shukla, Advs. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) MAC.APP. 23/2017 & CM No.7411/2017 The award of compensation for injury suffered by respondent no.1 in 1. a motor vehicle accident has been impugned on the ground that the evidence does not support the liability for the same fixed on the appellant. Referring to the Detailed Accident Report (DAR), the Site Plan of the accident and the evidence filed by the respondent, the learned counsel for the appellant submits that in the first instance, the version of the injured was that he had parked his motorcycle on the side of the road where his friend, who was a pillion rider, had stayed back and the claimant had crossed over to the other side of the road for some work, but on the way b...
Oriental Insurance Company Ltd vs.sukhpal Singh & Anr
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 &...
Holland Company Lp and Anr. Vs.s.p. Industries
Court: Delhi
Decided on: Jul-27-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. 07.2017 CS(COMM) 1419/2016 HOLLAND COMPANY LP AND ANR. ..... Plaintiffs Through: Mr J.Sai Deepak, Mr Mohit Goel, Mr Bhardwaj Jaishankar, Mr Ashutosh Nagar and Mr Abhishek Kotnala, Advs. versus S.P. INDUSTRIES ..... Defendant Through: Mr J.M. Kalia and Ms Bhawna Garg, Advs. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA IA No.1375/2014 (O39R1 2 CPC) by plaintiffs JUDGMENT1 This order shall dispose of the application of the plaintiffs under Order 39 Rules 1 and 2 of CPC. The application was earlier dismissed by this Court vide order dated 20.05.2014. However, in appeal vide order dated 12.09.2014, the Court was directed to decide the application afresh.2. The plaintiffs have claimed themselves to be the owner of industrial drawings of Automatic Twist Lock (hereinafter referred to as ATL) system for securing cargo containers to support such as deck of a vehicle or CS(COMM) No.1419/2016 Page 1 a second cargo with which the first contain...
Sushila Yadav & Ors vs.chetan Parkash Kaushik & Ors
Court: Delhi
Decided on: Jul-27-2017
$~18 & 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h July, 2017 + MAC.APP. 726/2015 and CM202352015 M/S IFFCO TOKIO GENERAL INSURANCE CO LTD Through: Mr. Harsh Vardhan, Advocate ..... Appellant versus SUSHILA YADAV & ORS + MAC.APP. 66/2016 and CM Nos.2558/2016 and 2559/2016 Through: Mr. Partap Singh, Advocate ........ RESPONDENTS SUSHILA YADAV & ORS Through: Mr. Partap Singh, Advocate ..... Appellants versus CHETAN PARKASH KAUSHIK & ORS ........ RESPONDENTS Through: Mr. Harsh Vardhan, Adv. for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Sube Singh was employed in Delhi Police, then in the rank of Head Constable. He was moving on his motor cycle bearing no.DL- 4SBJ-0705 (the motor cycle) on 17.01.2013 upwards the Moti Bagh Flyover, having come from the side of Ring Road. It was around MAC Appeal Nos.726/2015 & 66/2016 Page 1 of 6 11.40 a.m. when his motor cycle came to be involved in a motor vehicular accident resulting in his death. The local police regi...
Apex Encon Projects Pvt. Ltd. Vs.union of India & Anr.
Court: Delhi
Decided on: Jul-27-2017
$~OS-24 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. 07.2017 O.M.P. (T) (COMM.) 56/2017 APEX ENCON PROJECTS PVT. LTD. ........ Petitioner Through Mr.L.B. Rai and Mr.Mohit Sharma, versus Advs. UNION OF INDIA & ANR. ........ RESPONDENTS Through Mr.Ripu Daman Bhardwaj, CGSC with Mr. Sanjay Singh CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking termination of the mandate of the Arbitrator, namely, Brig. Neeraj Parashar and for appointment of an independent arbitrator in his place.2. Some of the relevant facts are that the petitioner was awarded a contract for construction of residential accommodation in Hyderabad in April 2013. It is the case of the petitioner that he executed the work successfully at site. On 02.12.2013, respondent No.2 terminated the contract and got the work executed through some other agency. Dis...
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