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Delhi Court August 2017 Judgments

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Aug 31 2017

Icici Lombard General Insurance Co. Ltd. Vs.pankaj Sablok & Ors.

Court: Delhi

Decided on: Aug-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31st August, 2017 $~33 to 35 * % + MAC.APP.181/2015 ICICI LOMBARD GENERAL INSURANCE CO. LTD.Appellant Through: Mr.Pankaj Gupta, Advocate for Ms.Suman Bagga, Advocate. ........ RESPONDENTS versus PANKAJ SABLOK & ORS. Through: + MAC.APP.184/2015 ICICI LOMBARD GENERAL INSURANCE CO. LTD.Appellant Through: Mr.Pankaj Gupta, Advocate for versus Ms.Suman Bagga, Advocate. KAVITA & ORS. Through: Ms.Kavita Tyagi, Advocate Mr.Navneet Goyal, Advocate respondents no.4 and 5. ........ RESPONDENTS for for + MAC.APP.186/2015 & CM1592016 ICICI LOMBARD GENERAL INSURANCE CO. LTD.Appellant Through: Mr.Pankaj Gupta, Advocate for versus Ms.Suman Bagga, Advocate. RAM KAWAL & ORS. ........ RESPONDENTS MAC.APP.181/2015, 184/2015, 186/2015 Page 1 of 6 Through: Mr.Siddharth and Mr.Dinesh Kumar, Advocates for respondents no.1 to 5. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the common award dated 29th October, 2014 ...


Aug 31 2017

Solar Sportswear vs.aero Club

Court: Delhi

Decided on: Aug-31-2017

$~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + O.M.P. (COMM) 20/2016 Date of decision:31. 08.2017 SOLAR SPORTSWEAR Through Mr.Jay Savla ........ Petitioner & Ms.Shilpi Chowdhary, Advocates AERO CLUB versus Through Mr.M.S.Vinaik & Mr.Deepak Bashta, .... Respondent Advocates AND + O.M.P. (COMM) 23/2016 SOLAR SPORTSWEAR Through Mr.Jay Savla ........ Petitioner & Ms.Shilpi Chowdhary, Advocates AERO CLUB versus Through Mr.M.S.Vinaik & Mr.Deepak Bashta, ..... Respondent Advocates CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) O.M.P. (COMM) 20/2016 1. The present petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking to impugn the award dated 05.10.2015.2. Brief facts are that the respondent is a partnership firm, dealing in the manufacturing and marketing of footwear, wearing apparel and accessories under the brand name, Woodland. The petitioner and the respondent O.M.P. (COMM) Nos.20/2016 & 23/2016 P...


Aug 31 2017

Siddhant Gupta vs.university of Delhi

Court: Delhi

Decided on: Aug-31-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :28. 08.2017 Judgment delivered on :31. 08.2017 + W.P.(C) 5823/2017 and CM No.24281/2017 SIDDHANT GUPTA ........ Petitioner Through Mr.Jinendra Jain and Mr.Brijesh Yadav, Advocates. versus UNIVERSITY OF DELHI ..... Respondent Through Mr.Mohinder J.S.Rupal, Advocate. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1.... Petitioner had qualified his 12th class from the Delhi Public School, Rohini. He had secured 87 % marks. He was a national level Archer. He has been winning medals at the State level as also at the National level.2. Respondent No.1 / University of Delhi had issued a notification for admission in the various colleges for the academic session 2017-18 which included a sports quota. W.P. (C) No.5823/2017 Page 1 of 9 3. On 12.06.2017 petitioner had filled up his form; he had been issued a receipt acknowledging his successful Under Graduate Admission for the year 2017-18.4.... Petitioner also check...


Aug 31 2017

Oriental Ins. Co. Ltd. Vs.master Shanu & Ors.

Court: Delhi

Decided on: Aug-31-2017

$~R-153 & R-156 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t August, 2017 + MAC APPEAL No.4/2010 ORIENTAL INS. CO. LTD. . ..... Appellants Through: Mr. Pradeep Gaur, Adv. versus MASTER SHANU & ORS. ........ RESPONDENTS Through: Mr. Navneet Goyal, Adv. for R + MAC APPEAL No.14/2010 ORIENTAL INS. CO. LTD. . ..... Appellants Through: Mr. Pradeep Gaur, Adv. versus SHAHNAZ & ORS. ........ RESPONDENTS Through: Mr. Navneet Goyal, Adv. for R- 1 & 2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 04.01.2007, a motor vehicular accident occurred, statedly involving negligent driving of motor vehicle described as Gas tanker bearing registration No.HR38 6615 (the offending vehicle) by Rajesh Giri, a respondent in both these appeals. It resulted in injuries being suffered by two persons they being Shanu and Atif Miyan, the MAC Appeal No.4 & 14 of 2010 Page 1 of 4 latter dying in the consequence. Two accident claim cases were instituted one for and on behalf of Shanu (first ...


Aug 31 2017

New India Assurance Co Ltd vs.janki Devi & Ors

Court: Delhi

Decided on: Aug-31-2017

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t August, 2017 + MAC.APP. 318/2015 NEW INDIA ASSURANCE CO LTD Through: Mr. Sameer Nandwani, Adv. ..... Appellant Versus JANKI DEVI & ORS ........ RESPONDENTS Through: Mr. Abhindra Maheshwari, Adv. for R-1 to 5. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Sawal Dass, aged 27 years, died in a motor vehicular accident that occurred on 05.02.2013, statedly due to negligent driving of bus bearing registration No.UP14T5565 it concededly being insured against third party risk with the appellant insurance company. His wife, two daughters and parents, they being first to fifth respondents (collectively, the claimants), instituted accident claim case (MACP No.79/2013) before the motor accident claims tribunal on 04.03.2013, seeking compensation on the averments that the accident had occurred due to negligence on the part of the driver of the bus, he having been impleaded as first respondent in the claim proceedings, now sho...


Aug 31 2017

Icici Lombard General Insurance Co. Ltd…. Vs.ram Kawal & Ors.

Court: Delhi

Decided on: Aug-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31st August, 2017 $~33 to 35 * % + MAC.APP.181/2015 ICICI LOMBARD GENERAL INSURANCE CO. LTD.Appellant Through: Mr.Pankaj Gupta, Advocate for Ms.Suman Bagga, Advocate. ........ RESPONDENTS versus PANKAJ SABLOK & ORS. Through: + MAC.APP.184/2015 ICICI LOMBARD GENERAL INSURANCE CO. LTD.Appellant Through: Mr.Pankaj Gupta, Advocate for versus Ms.Suman Bagga, Advocate. KAVITA & ORS. Through: Ms.Kavita Tyagi, Advocate Mr.Navneet Goyal, Advocate respondents no.4 and 5. ........ RESPONDENTS for for + MAC.APP.186/2015 & CM1592016 ICICI LOMBARD GENERAL INSURANCE CO. LTD.Appellant Through: Mr.Pankaj Gupta, Advocate for versus Ms.Suman Bagga, Advocate. RAM KAWAL & ORS. ........ RESPONDENTS MAC.APP.181/2015, 184/2015, 186/2015 Page 1 of 6 Through: Mr.Siddharth and Mr.Dinesh Kumar, Advocates for respondents no.1 to 5. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the common award dated 29th October, 2014 ...


Aug 31 2017

Jai Karan & Ors vs.deputy Commissioner & Ors

Court: Delhi

Decided on: Aug-31-2017

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:31. h August, 2017 LPA No.512/2017 JAI KARAN & ORS ........ Petitioners Through Mr.Kamlesh Kr. Mishra, Adv. with versus Ms.Vishal Kalra, Adv. DEPUTY COMMISSIONER & ORS ........ RESPONDENTS Through Mr.Mukesh Gupta, Standing Counsel, NDMC with Ms.Shashi Gupta and Mr.Abhishek Sharma, Advs. for NDMC. Mr.Sanjoy Ghosh, ASC, GNCTD with Ms.Urvi Mohan, Adv. for R-3, 4 & 5, along with SI Prakash, PS Sadar Bazar, in person. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J.(ORAL) C.M. Nos.27085/2017 & 27088/2017 (exemption) Exemption allowed, subject to all just exceptions. Applications stand disposed of. LPA No.512/2017 & C.M. No.27087/2017 (condonation of delay) 1. This LPA is directed against the order dated 04.11.2016 passed by a learned Single Judge in W.P. (C) No.10461/2016 and the order passed in review petition, dated 28.04.2017. LPA No.512/2017 Page 1 of 5 2. Eight petitioners had a...


Aug 31 2017

Yum! Restaurants Asia Pte. Ltd vs.deputy Director of Income Tax and Or ...

Court: Delhi

Decided on: Aug-31-2017

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 1353/2013 YUM! RESTAURANTS ASIA PTE. LTD ........ Petitioner Through: Mr. Salil Kapoor, Ms. Ananya Kapoor, Mr. Sumit Lalchandani & Mr. Sanat Kapoor, Advocates. versus DEPUTY DIRECTOR OF INCOME TAX AND ORS Through: Mr. Rahul Chaudhary, Senior Standing Counsel. ........ RESPONDENTS CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH % ORDER3108.2017 Dr. S. Muralidhar, J:1. This writ petition by Yum! Restaurants Asia PTE Ltd. under Articles 226 and 227 of the Constitution, seeks the quashing of a notice dated 28th March 2012 issued by the Deputy Director of Income Tax (hereinafter the Assessing Officer or AO) under Section 148 of the Income Tax Act, 1961 (hereinafter the Act) seeking to reopen the assessment for Assessment Year (AY) 2005-06. The writ petition also challenges an order dated 25th January, 2013 passed by the AO rejecting the objections raised by the... Petitioner to the reopening of the assessment.2. On 5th March 20...


Aug 31 2017

Sabiha Sultana & Ors. Vs.ahmad Aziz & Anr.

Court: Delhi

Decided on: Aug-31-2017

$~1 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:31. 08.2017 CS(OS) 2958/2011 SABIHA SULTANA & ORS. ......Plaintiffs Through: Mr. Aly Mirza, Adv. Versus AHMAD AZIZ & ANR. ....Defendants Through: Mr. Arvind Bhatt and Mr. Kuber Giri, Advs. for Defendant No.2 with Defendant No.2 in person CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) IA No.12353/2015 (by plaintiffs for direction to D-1) This application seeks inter alia a direction for defendant No.1 to 1. lead his evidence first instead of the plaintiff doing so.2. After the issues in the suit were drawn up, the Court had directed the parties to file their respective list of witnesses. The plaintiffs were to file the affidavit of evidence in four weeks thereafter. The defendants also had to file their evidence in a similar subsequent duration. The plaintiffs thereafter were to complete their evidence in two months in not more than six sittings and thereafter the defendants were to complete their ev...


Aug 31 2017

Iffco Tokio General Insurance Co Ltd vs.roop Kumar & Ors

Court: Delhi

Decided on: Aug-31-2017

$~ 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t August, 2017 + MAC.APP. 1105/2016 and CM479412016 IFFCO TOKIO GENERAL INSURANCE CO LTD ..Appellant Through: Mr. A.K. Soni, Advocate Versus CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ROOP KUMAR & ORS JUDGMENT (ORAL) Through: Mr. O.P. Mannie, Adv. for R-1 ........ RESPONDENTS 1. The first respondent (claimant), then 23 years old, suffered injuries in a motor vehicular accident that occurred on 14.04.2015 at about 9:30 p.m. due to negligent driving of a truck bearing registration no.HR-55K-2625 which was admittedly insured against third party risk with the appellant / insurance company (insurer). The injuries suffered led to amputation of left lower limb of the claimant. The Motor Accident Claims Tribunal (Tribunal) has assessed the functional disability to the extent of fifty per cent (50%) and granted compensation, inter alia, towards loss of future income.2. The appeal by the insurer, on which the liability has been fastened, is...


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