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Delhi Court July 2017 Judgments

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Jul 31 2017

Mahanagar Telephone Nigam Ltd & Anr vs.m/s Anant Raj Agencies Pvt Ltd

Court: Delhi

Decided on: Jul-31-2017

$~19 *IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 220/2017 & CM Nos. 26916-26918/2017 % Date of decision :31. t July, 2017 MAHANAGAR TELEPHONE NIGAM LTD & ANR ..... Appellants Through : Mr. Kirti Uppal, Sr. Adv. with Ms. Sangeeta Bharti, Mr. S.K. Singh, Mr. Ashish Kumar, Ms. Surabhi Diwan, Mr. Harsh Tayal and Mr. Rameezuddin Raja, Advs. versus M/S ANANT RAJ AGENCIES PVT LTD Through : Ms. Biji Rajesh, Adv. ..... Respondent CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE CM No.26917/2017(condonation of delay) 1. Notice.2. Ms. Biji Rajesh accepts notice. FAO(OS) 220/2017 Page 1 of 8 3. Having regard to the nature of the application, counsels are orally heard. Delay of 52 days in filing the appeal is hereby condoned.4. This application is allowed. CM No.26918/2017 (exemption) 5.6. Allowed, subject to just exceptions. The application is disposed of. FAO(OS) 220/2017 7. By way of the instant appeal, the appell...


Jul 31 2017

Vipin Kumar Jain vs.ram Babu Jain & Ors

Court: Delhi

Decided on: Jul-31-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA (OS) No.159/2014 % VIPIN KUMAR JAIN Reserved on:14. h July, 2017 Date of Decision:31. t July, 2017 ..... Appellant Through Mr. T.K. Ganju, Sr. Advocate with Mr. Manik Ahluwalia, Mr. Abhishek Bhardwaj and Ms. Swati R.Singh, Advocates versus RAM BABU JAIN & ORS ........ RESPONDENTS Through Mr. J.P.Sengh, Sr.Advocate with Mr. Girish Aggarwal Ms. Manisha Mehta & Mr. Vaibhav Jain, Advocates CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.This intra-Court appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 and Section 10 of Delhi High Court Act impugns order/judgment dated 25th September, 2014, allowing the application under Order XII Rule 6 of the aforesaid Code and the preliminary decree holding that each of the parties i.e. plaintiff Nos.1, 2, 3, the respondents before us, and defendant No.1, the appellant before us, are entitled to 1/4th share in flat No.C-4/31 at Rajas...


Jul 31 2017

Cholamandalam Ms General Insurance Co Ltd vs.ms Rahat Khanam & Ors

Court: Delhi

Decided on: Jul-31-2017

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t July, 2017 + MAC.APP. 463/2014 and CM No.13762/2017 CHOLAMANDALAM MS GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Gupta for Ms. Suman Bagga, Advocate versus MS RAHAT KHANAM & ORS ........ RESPONDENTS Through: Mr. M.K. Sinha, Adv. for R-1 Ms. Mahamaya Chatterjee and Mr. R.A. Iyer for Mr. Gautam Narayan, ASC for GNCTD CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) The first respondent, then 22 years old, having studied upto 12th 1. standard, working for gain in a private employment, suffered injuries in a motor vehicular accident that occurred on 13.11.2011 due to negligent driving of a motor vehicle no.DL-1LM-9040 admittedly insured against third party risk with the appellant insurance company. On her accident claim case (petition no.244/13), the Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 23.01.2014, found a case for compensation made out on the principle MAC Appeal No...


Jul 31 2017

Arkshit Kapoor vs.union of India and Ors.

Court: Delhi

Decided on: Jul-31-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3721/2017 Reserved on:10. h July,2017 Date of decision :31st July, 2017 ........ Petitioner ARKSHIT KAPOOR Through Mr.Ankit Kohli, Advocate versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through Mr. Dev P. Bhardwaj, CGSC and Mr.Surender Kumar, Advocate for respondent Nos. 1, 5 & 6. Mr. Naresh Kaushik & Mr. Derik Singh, Advocates for UPSC. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.The petitioner has challenged an order dated 16.01.2017 passed by Union Public Service Commission, Respondent No.2, whereby the candidature of the... Petitioner for admission to National Defence Academy was cancelled on the ground of furnishing incorrect information about his date of birth in the online application form for National Defence Academy & Navel Academy Examination-(I), 2016 WP(C) 3721/2017 Page 1 (NDA&NA Exam (I)- 2016), invoking Rule 3 Note 3 of the Examination Notice No.02/2016.NDA-I.2. The Un...


Jul 31 2017

Durga Kumari vs.ace Town Planners Pvt Ltd.

Court: Delhi

Decided on: Jul-31-2017

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:31. 07.2017 + ARB.P. 371/2017 DURGA KUMARI versus ACE TOWN PLANNERS PVT LTD. ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Deepak Dhingra with Mr. Sumit Kumar Vats, Advocates. For the Respondent : None. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT3107.2017 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner by this petition, under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act), seeks appointment of an Arbitrator.2. The petitioner seeks appointment of sole arbitrator in terms of the Arbitration Clause contained in the agreement titled as Application for Subscription as an Investor for Provisional ARB. PET.371 /2017 Page 1 of 4 Registration of Plot in the Project Known as Celebrity City, Jaipur.3. The petitioner had booked a farm house at the Celebrity City, Jaipur with the respondent. The arbitration clause, as agreed ...


Jul 31 2017

Rajesh Kumar vs.state

Court: Delhi

Decided on: Jul-31-2017

$~R-14AA * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: July 31, 2017 CRL.A. 241/2002 RAJESH KUMAR ..... Appellant Through: Mr.R.S.Mishra, Advocate with appellant in person. versus STATE ..... Respondent Through: Mr.Kewal Singh Ahuja, APP for the State. PRATIBHA RANI, J.(Oral) 1. The appellant Rajesh Kumar has preferred the present appeal under Section 374 (2) Cr.P.C. assailing the judgment dated 01st March, 2002 and order on sentence dated 02nd March, 2002 vide which he has been convicted for committing the offence punishable under Section 307 IPC and sentenced to undergo RI for three years with fine of 1000/- and in default of payment of fine, to undergo SI for three months.2. In brief, the case of prosecution is that 17th March, 2001 at about 3.40 pm when the complainant/injured Manoj Rathi was standing on the roof of his house bearing No.RZ-B-1/25, New Roshan Pura, Delhi, he saw that his cousin (PW-10) was passing through the street and appellant was teasing her. H...


Jul 31 2017

Madhu Sharma & Ors. Vs.royal Sundaram Alliance Insurance Co. Ltd & Anr ...

Court: Delhi

Decided on: Jul-31-2017

$~13 & R-46 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t July, 2017 + MAC APPEAL No.481/2008 MADHU SHARMA & ORS. ..... Appellants Through: Mr. J.M. Kalia & Ms. Bhawana versus Garg, Advs. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD & ANR. ........ RESPONDENTS Through: Mr. Pankaj Seth, Adv. for R-1. + MAC APPEAL No.417/2008 ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD ..... Appellant Through: Mr. Pankaj Seth, Adv. versus MADHU SHARMA & ORS. ........ RESPONDENTS Through: Mr. J.M. Kalia & Ms. Bhawana Garg, Advs. for respondents/claimants. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Surinder Sharma, 42 years old, working for gain as partner in firm styled as M/s Surinder Kumar and Bros. (Engineer & Govt. Contractor), suffered injuries in a motor vehicular accident that MAC Appeal No.481 & 417 of 2008 Page 1 of 7 occurred on 10.12.2004, involving negligent driving of Indica car bearing registration No.DL3W2846 which was admittedly insured against third party risk with M/...


Jul 31 2017

Neelam Diwan vs.government of National Capital Territory of Delhi and ...

Court: Delhi

Decided on: Jul-31-2017

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :31. t JULY , 2017 ........ Petitioner + W.P.(C) 11370/2015 & CM APPL. 299NEELAM DIWAN GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI AND ORS. Through : Ms.Deepika U.Marwaha, Advocate with Mr.Vinay Kumar Shailendra, Ms.W.Kasar, Mr.Vaibhav Rai Asthana & Mr.Alok Pandey, Advocates. ........ RESPONDENTS Through : Mr.Yeeshu Jain, Standing Counsel with Ms.Jyoti Tyagi, Advocate for L&B/LAC. Mr.J.H.Jafri, Advocate for DDA. versus CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(OPEN COURT) 1. Learned counsel for the Govt. of NCT of Delhi through LAC seeks liberty to place on record the counter-affidavit. Liberty granted. Counter-affidavit is taken on record.2. In the instant writ petition, the petitioner claims herself to be recorded owner of the land bearing Khasra No.1452 min admeasuring 1 bigha situated in the Revenue Estate of Village Malikpur Kohi @ Rangpuri, New Delhi (hereinafter referred t...


Jul 31 2017

Ravi Dutt vs.vinita

Court: Delhi

Decided on: Jul-31-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. t July, 2017 RC.REV. 219/2015 & CM No.8466/2015 (for stay) & CM No.3465/2017 (u/S151CPC) RAVI DUTT VINITA ........ Petitioner Through: Mr. Sandeep Sharma, Mr. Ankur Goel & Mr. Aman Dhyani, Advs. Versus Through: Mr. Mohit Gupta & Ms. Alka, ..... Respondent Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 9th February, 2015 in E-394/2013 (Unique ID No.02401C0470712013) of the Court of Administrative Civil Judge (ACJ)-cum-Additional Rent Controller (ARC) (Central), Tis Hazari Courts, Delhi]. of dismissal of the application filed by the petitioner / tenant for leave to defend the petition for eviction under Section 14(1)(e) of the Act filed by the respondent / landlord for eviction of the petitioner / tenant from a shop in property No.8, Model Basti, Near Filmistan Cinema, New Delhi- 110005 and the conse...


Jul 31 2017

Mahabir Singh Lokra vs.ramesh & Ors.

Court: Delhi

Decided on: Jul-31-2017

$~14 * % + MAC. APP.754/2015 MAHABIR SINGH LOKRA IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31st July, 2017 ..... Appellant Through: Mr.Vinod Kumar, Advocate versus RAMESH & ORS. ........ RESPONDENTS Through: Mr. Saurabh Kansal, Advocate for respondents no.1 and 2 along with respondents no.1 and 2 in person. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.5,98,644/- has been awarded to respondents no.1 and 2.2. The accident dated 3rd February, 2004 resulted in the death of Surender. The deceased was aged 19 years at the time of the accident and was survived by his parents who filed the application for compensation before the Claims Tribunal. The deceased was running a welding shop and was earning Rs.12,000/- per month. However, the Claims Tribunal took minimum wages of Rs.2,862/- as income of the deceased, added 50% MAC. APP.754/2015 Page 1 of 4 towards inflation, deducted 50...


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