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Delhi Court July 2017 Judgments

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Jul 31 2017

Shri Ram General Insurance Company Ltd vs.anita and Ors

Court: Delhi

Decided on: Jul-31-2017

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t July, 2017 + MAC.APP. 663/2017 & CM Nos. 26935-37/2017 SHRI RAM GENERAL INSURANCE COMPANY LTD ..... Appellant Through: Ms. Neerja Sachdeva, Adv. versus Through: None. ANITA AND ORS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) ........ RESPONDENTS 1. By judgment dated 12.04.2017 on the accident claim case (MACT31642016) of the first to third respondents (collectively, the claimants) arising out of death of Master Prince, aged 16 years, in motor vehicular accident that occurred on 22.10.2012, due to negligent driving of truck No.UP21N0557 admittedly insured against third party risk with the appellant insurance company, the tribunal has awarded compensation in the sum of Rs. 9,26,676/- directing the appellant to pay, such amount having been calculated in terms of directions of this Court in judgment dated 13.05.2016 in a batch of similarly placed appeals led by MAC.APP.554/2010, Chetan Malhotra v. Lala Ram. The insura...


Jul 31 2017

Shreya Goel vs.mukesh Kumar & Ors.

Court: Delhi

Decided on: Jul-31-2017

$~R-15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t July, 2017 + MAC APPEAL No.48/2009 SHREYA GOEL Through: Mr. Rakesh Tiku, Sr. Adv. with ..... Appellant versus Ms. Arpan Wadhawan, Adv. MUKESH KUMAR & ORS. ........ RESPONDENTS Through: Mr. P. Acharya, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant (claimant) then 9 years old, was travelling in motor vehicle make Indica bearing registration No.DL7 A2877 driven by her father Rakesh Goel, on 01.06.2002, with certain other persons, when it met with an accident involving another motor vehicle, it being a jeep bearing registration No.HR02H9914 which was admittedly insured against third party risk covering the period in question with the third respondent (insurer). A number of claim petitions were filed including for and on behalf of the appellant (it being MACT21104/03) instituted on 14.07.2003. All the said claim petitions were clubbed together and inquiry held by the motor accident claims...


Jul 31 2017

Shri Shyam Sunder Kandoi vs.government of National Capital Territory o ...

Court: Delhi

Decided on: Jul-31-2017

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :31. t JULY , 2017 ........ Petitioner + W.P.(C) 11466/2015 & CM APPL. 303SHRI SHYAM SUNDER KANDOI GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & 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.Dhanesh Relan, Advocate with Ms.Gauri Chaturvedi & Ms.Akshita Minocha, Advocates 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 claim himself to be recorded owner of the land bearing Khasra No.1447 min admeasuring 1 bigha situated in the Revenue Estate o...


Jul 31 2017

Registrar of Trade Marks vs.kapoor Saws Manufacturing Co & Ors

Court: Delhi

Decided on: Jul-31-2017

$~1&2 * + + IN THE HIGH COURT OF DELHI AT NEW DELHI C.R.P. No.146/2015 & CM No.21927/2015 (for stay) REGISTRAR OF TRADE MARKS ........ Petitioner Through: Mr. Sanjeev Narula, CGSC and Ms. Anumita Chandra, Adv. versus KAPOOR SAWS MANUFACTURING CO & ORS ........ RESPONDENTS Through: Mr. Amit Jain, Adv. for R-1. Mr. S.K. Bansal, Mr. Ajay Amitabh Suman, Mr. Saurabh Kapoor and Mr. Kapil Kumar, Advs. for R-3&4. AND C.R.P. No.29/2017 & CM No.5066/2017 (for stay) REGISTRAR OF TRADE MARKS THR DEPUTY REGISTRAR OF TRADE MARKS ........ Petitioner Through: Mr. Sanjeev Narula, CGSC and Ms. Anumita Chandra, Adv. versus SONIK INDUSTRIES & ORS Through: ........ RESPONDENTS Mr. S.K. Bansal, Mr. Ajay Amitabh Suman, Mr. Saurabh Kapoor and Mr. Kapil Kumar, Advs. for R-1. Mr. S.M. Gupta, Adv. for R-2&3 CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER3107.2017 Civil Revision Petition No.146/2015 was instituted impugning the % 1. order, of the Additional District Judge in a suit inter se respondents therei...


Jul 31 2017

The State Govt of Nct of Delhi vs.pramod

Court: Delhi

Decided on: Jul-31-2017

$~36 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:31. t July, 2017 CRL.L.P. 426/2017 THE STATE GOVT OF NCT OF DELHI ........ Petitioner PRAMOD Through : Mr.Rajat Katyal, APP for State versus Through : Nemo ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J.(ORAL) Crl.M.A. 12189/2017 (Delay) 1. This is an application filed by the petitioner/State seeking condonation of 75 days delay in filing the present leave to appeal.2. Heard. For the reasons stated in the application, in the interest of justice, the delay in filing the leave to appeal is condoned.3. Application stands disposed of. CRL.L.P. 426/2017 4. The present leave to appeal has been filed by the State under Section 378(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.) against the judgment dated 16.02.2017 passed by the Judge Special Court (Trial Court) in SC446212015 arising out of FIR1962015 registered at PS Bhajanpura, whereby the accused/respondent ...


Jul 31 2017

Usman Ali & Ors. Vs.the State & Anr.

Court: Delhi

Decided on: Jul-31-2017

$~25 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1181/2017 USMAN ALI & ORS ........ Petitioners Through Mr.Asim Ali, Adv. with Ms.Rubina, Adv. along with petitioners in person. versus THE STATE & ANR ........ RESPONDENTS Through Mr.Archit Vashistha, Adv. for Ms.Nandita Rao, ASC for State along with SI Gajender, PS CAW Cell, Nanakpura. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER3107.2017 % 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.0037/2016, registered on 15.03.2016 with Police Station CAW Cell, Nanak Pura, New Delhi, under Sections 498A/406/5IPC. The marriage of the petitioner No.1 and the respondent No.2 was solemnized on 03.12.2006 as per Muslim rites and customs at New Delhi. The petitioner No.10 is the mother of the petitioner no.1.... Petitioners no.2 to 9 and 11 ...


Jul 31 2017

Palm Art Apparels Pvt. Ltd. Vs.enkay Builders Pvt. Ltd.

Court: Delhi

Decided on: Jul-31-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. t July, 2017. C.R.P. 3/2017 PALM ART APPARELS PVT. LTD. ........ Petitioner Through: Mr. Rajat Aneja and Ms. Chandrika Gupta, Advs. Versus CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ENKAY BUILDERS PVT. LTD. Through: None. ..... Respondent 1. This Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order (dated 14th December, 2016 in CS No.57809/2016 of the Court of Additional District Judge (ADJ)-02, New Delhi District, Patiala House Courts, New Delhi) granting un-conditional leave to defend to the respondent/defendant to contest the suit filed by the petitioner/plaintiff under Order XXXVII of CPC for recovery of Rs.70,30,601/- with interest.2. The petition was entertained and notice thereof issued. Though the notice remained unserved but on 28th April, 2017 Mr. Vishesh Wadhwa, Advocate appeared for the respondent/defendant and accepted notice and was furnished a complete set of...


Jul 28 2017

Kuldeep Aggarwal vs.sh. Raj Kumar Chopra and Ors.

Court: Delhi

Decided on: Jul-28-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.658/2017 + % KULDEEP AGGARWAL28h July, 2017 ..... Appellant Mr. Chauhan, Advocate with Mr. Abhishek Gupta, Advocate. Parveen Through: versus SH. RAJ KUMAR CHOPRA AND ORS. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ........ RESPONDENTS To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.26547/2017 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.658/2017 and C.M. No.26546/2017 (stay) 2. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the tenant, defendant in the suit, impugning the judgment of the Trial Court dated 9.6.2017 by RFA No.658/2017 Page 1 of 6 which the trial court has decreed the suit of the respondents/plaintiffs/landlords under Order XII Rule 6 CPC.3. The facts of the case are that the subject suit was filed by the respondents/plaintiffs/landlords against the appellant/defendant/tenant pleading that the appellant/de...


Jul 28 2017

Sanjiv Talwar vs.bank of Baroda and Ors

Court: Delhi

Decided on: Jul-28-2017

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11912/2015, CM APPL. 31636/2015 SANJIV TALWAR ........ Petitioner Through: Mr Rajat Gava and Mr Rajan Narain, Advs. versus BANK OF BARODA AND ORS ........ RESPONDENTS Through: Mr R.P. Agrawal and Ms Priyadarshini Verma and Mr Sahil Garg, Advs. Mr Rajiv Bahl, Adv for Official Liquidator CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % ORDER2807.2017 1. The petitioner has filed the present petition praying inter alia for quashing the order dated 28.05.2015 passed by the learned Debt Recovery Appellate Tribunal (DRAT), Delhi in Appeal No.308/2013, titled Navnit Talwar vs. Bank of Baroda and Others. The petitioner also seeks quashing of the proceedings pending before the learned Recovery Officer, Debt Recovery Tribunal-II, Delhi in respect of Recovery Certificate No.55/2011, arising out of O.A. No.54/2002, titled Bank of Baroda vs. Reinz Talbros Ltd. & Ors.2. Learned counsel for the respondent/Bank raises a pre...


Jul 28 2017

Juber Ahmed vs.state of Delhi

Court: Delhi

Decided on: Jul-28-2017

$~R-10 & R-11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: July 25, 2017 Judgment Delivered on: July 28, 2017 + CRL.A. 76/2002 MUKHTIAR AHMED & ANR. ..... Appellants Through: Mr.D.K.Mathur, Advocate. versus STATE ..... Respondent Through: Mr.Kewal Singh Ahuja, APP for the State with Insp. Mohinder Singh, PS Gandhi Nagar, Delhi AND + CRL.A. 149/2002 JUBER AHMED ..... Appellants Through: Mr.M.Tarique Siddiqui, Mr.Tanveer Ahmad & Reetika Gupta, Advocates versus STATE OF DELHI ..... Respondent Through: Mr.Kewal Singh Ahuja, APP for the State with Insp. Mohinder Singh, PS Gandhi Nagar, Delhi CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI CRL.A.Nos.76/2002 & 149/2002 Page 1 of 7 JUDGMENT1 The appellants Mukhtiar Ahmed (expired during pendency of this appeal), Naseem Ahmed and Juber Ahmed have preferred these appeals under Section 374 (2) Cr.P.C. assailing the judgment and order on sentence dated 23rd January, 2002 passed by the learned Addl. Sessions Judge, Delhi, vide which t...


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