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Delhi Court September 2017 Judgments

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Sep 26 2017

Oriental Insurance Co. Ltd. Vs.rashmi Jain & Ors.

Court: Delhi

Decided on: Sep-26-2017

$~R-269 & 270 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:26. h September, 2017 + MAC APPEAL No.806/2010 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pavan Kumar for Mr. A.K. versus Soni, Adv. RASHMI JAIN & ORS. ........ RESPONDENTS Through: Mr. Navneet Goyal, Adv. for R- 1 to 4. + MAC APPEAL No.859/2010 RASHMI JAIN & ORS. ..... Appellants Through: Mr. Navneet Goyal, Adv. versus ORIENTAL INSURANCE CO. LTD.& ORS. ........ RESPONDENTS Through: Mr. Pavan Kumar for Mr. A.K. Soni, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Rohit Jain, then 38 years old, met with an accident on 14.04.2003 involving negligent driving of car bearing registration No.DL1 0862, admittedly insured against third party risk for the period in question with the appellant insurance company (insurer) and died as a result of injuries suffered. His wife and other members of the family MAC Appeal No.806/2010 & conn. Page 1 of 6 dependent on him, they being appellants in MAC A...


Sep 26 2017

Vipul Gupta & Ors. Vs.robin Gupta & Ors.

Court: Delhi

Decided on: Sep-26-2017

$~39 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:26. 09.2017 CS(OS) 281/2011 VIPUL GUPTA & ORS versus ROBIN GUPTA & ORS Advocates who appeared in this case: ..... Plaintiffs ..... Defendants For the Plaintiff For the Defendants : : Mr. Raj Shekhar Rao, Mr. Atul Sharma, Mr. Nitesh Jain and Ms. Yamini Khurana, Advs. Mr. Anupam Srivastava and Mr. Arjun Saxena, Advs. CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA JUDGMENT2609.2017 SANJEEV SACHDEVA, J.(ORAL) I.A. No.13901/2016 (for condonation of delay) This is an application on behalf of defendant seeking condonation of delay in filing reply to O.A. 126/2016. For the reasons stated in the application, the application is allowed. Reply is taken on record. The application is disposed of. ========================================================== CS(OS) 281/2011 Page 1 of 11 OA No.126/2016 1. This is a Chamber Appeal, filed by the plaintiffs, impugning order dated 16.05.2016, passed by the Joint Registrar on an applicatio...


Sep 26 2017

Jagdish Lal Barreja vs.anita Barreja

Court: Delhi

Decided on: Sep-26-2017

$~1&23. * + + IN THE HIGH COURT OF DELHI AT NEW DELHI stay), CM CM(M) No.1043/2016, CM No.38198/2016 No.38199/2016, CM No.38200/2016, CM No.38201/2016 for exemption), CM No.38202/2016 (for direction), CM No.43386/2016, CM No.43387/2016 (both for exemption) and CM No.30271/2017 (of the respondent for vacation of stay) in CM(M) No.1043/2016. ANITA BARREJA ........ Petitioner Through: Mr. Pankaj Batra, Adv. along with (for (all JAGDISH LAL BARREJA ..... Respondent petitioner in person. versus Through: Ms. Manmeet Arora, Ms. Sanam tripathi, Mr. Keshav Sehgal, Mr. Sunny Arora and Mr. S.K. Garg, Advs. AND CONT.CAS(C) No.589/2017 JAGDISH LAL BARREJA ........ Petitioner Through: Ms. Manmeet Arora, Ms. Sanam Tripathi, Mr. Keshav Sehgal, Mr. Sunny Arora and Mr. S.K. Garg, Advs. ANITA BARREJA ..... Respondent Through: Mr. Pankaj Batra, Adv. along with petitioner in person. versus CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER2609.2017 1. CM(M) No.1043/2016 was instituted impugning the orde...


Sep 26 2017

Reliance General Insurance Company vs.rita Gupta & Ors.

Court: Delhi

Decided on: Sep-26-2017

$~R-275 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:26. h September, 2017 + MAC APPEAL No.838/2010 and CM APPL.22149/2010, 22151/2010 RELIANCE GENERAL INSURANCE COMPANY LIMITED ..... Appellant Through: Mr. Arun Yadav, Advocate versus RITA GUPTA & ORS. Through: Nemo. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appeal at hand by the insurance company, which has been fastened with the liability to pay the compensation, determined by the tribunal, by its judgment dated 25.09.2010, in accident claim case (Suit No.56/2009) instituted by the first and second respondents (collectively, the claimants) on 12.01.2009, is pressed only to seek recovery rights against the fourth respondent, the person insured, on the ground that the third respondent, the driver of the offending vehicle in question, was not holding a valid or effective driving licence at the relevant point of time. MAC Appeal No.838/2010 Page 1 of 2 2. On being asked, the counsel for the ...


Sep 26 2017

Ct (Exe) Narender Singh vs.govt of Nct of Delhi

Court: Delhi

Decided on: Sep-26-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:26. h September, 2017 + W.P.(C) 8635/2017 CT (EXE) NARENDER SINGH ........ Petitioner Through Mr. R.K Tarun with Mr. Rohit Shukla, Advs. versus GOVT OF NCT OF DELHI ..... Respondent Through Mr. Ramesh Singh, Adv, Standing (Civil), GNCTD with Mr. Sandeepan Pathak and Mr. Amiruddha Deshmukh, Advs. Counsel CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The... Petitioner has preferred the present Writ Petition assailing the order dated 03.03.2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.1655/2013, whereby the Tribunal has dismissed his OA. The... Petitioner had filed the aforesaid Original Application challenging the order dated 09.09.2011 imposing the penalty of removal from service on him.2. The... Petitioner had joined Delhi Police as a Constable WP(C) No.8635/2017 Page 1 of 15 (Exe) in the year 1987. While posted in the Crime Branch, ...


Sep 26 2017

State (Govt. Of n.c.t of Delhi) vs.kishan

Court: Delhi

Decided on: Sep-26-2017

$~35 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.L.P.558/2017 Date of Judgment:26. hSeptember, 2017 STATE (GOVT. OF N.C.T OF DELHI) ........ Petitioner Through: Ms. Radhika Kolluru, APP for the State along with SI Mohd. Intayar Ali, P.S. Shahbad Dairy. versus Through: ..... Respondent KISHAN CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J.(ORAL) CRL.M.A. 15866/2017(exemption) 1.2. Exemption allowed, subject to all just exceptions. The application stands disposed of. CRL.M.A.15865/2017(delay) 3. This is an application filed by the petitioner seeking condonation of 93 days delay in filing the leave to appeal. We find no ground to condone the delay in filing the leave to appeal, however, since we have examined the case on merits, delay of 93 days in filing the leave to appeal is condoned.4. The application stands disposed of. CRL. L.P. 558/2017 5. The present leave to appeal has been filed by the State under Section 378(1) of the Code of the...


Sep 26 2017

Bimla Devi & Ors vs.uttar Pradesh State Road Transport Corporation

Court: Delhi

Decided on: Sep-26-2017

$~R-271 & 272 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:26. h September, 2017 + MAC APPEAL No.819/2010 UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Ms. Garima Prasahad & Mr. versus Shadab Khan, Advs. BIMLA DEVI & ORS. ........ RESPONDENTS Through: Mr. O.P. Mainee, Adv. for R-1 & 2. + MAC APPEAL No.363/2015 BIMLA DEVI & ORS. ..... Appellants Through: Mr. O.P. Mainee, Adv. versus UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION ........ RESPONDENTS Through: Ms. Garima Prasahad & Mr. Shadab Khan, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Manish Verma, aged 19 years, concededly a matriculate and bachelor, suffered injuries in a motor vehicular accident that occurred on 02.12.2007 due to negligent driving of bus bearing registration No.MAC Appeal No.819/2010 & conn. Page 1 of 5 UP21 0629 of Uttar Pradesh State Road Transport Corporation (UPSRTC) and died in the consequence. His widowed mother and sibling, they being appellants in MAC A...


Sep 25 2017

Manju Singh vs.dharamvir Singh and Anr

Court: Delhi

Decided on: Sep-25-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:20. h September, 2017 Pronounced on:25. h September, 2017 CS(OS) 202/2014, IA No.7237/2017 MANJU SINGH Through : Ms.Anu Mehta, Advocate. ..... Plaintiff versus DHARAMVIR SINGH AND ANR ..... Defendant Through : Ms.Amrit Kaur Oberoi, Advocate for defendant No.1 and 2. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.OA No.26/2016 1. This Original Appeal is filed against the impugned order dated 19.12.2015 passed in IA. No.22306/2014 by the Joint Registrar (Judicial). The operative part of said order is as under:-"Per contra, plaintiff has claimed that besides dissolution of partnership firm and rendition of accounts, the original suit is also for recovery of an amount of Rs.2.50 Crore which has been claimed against both the defendants including defendant no.2. Plaintiff has claimed that defendant no.2 nowhere pointed as to how and when the loan of Rs.2.25 Lacs taken by him in OA No.26/2016 in CS(OS) No.202/2016 Page 1 ...


Sep 25 2017

Kashipur Agro Industries Private Limited vs.national Seeds Corporation ...

Court: Delhi

Decided on: Sep-25-2017

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + ARB.P. 488/2017 Judgment delivered on:25. 09.2017 KASHIPUR AGRO INDUSTRIES PRIVATE LIMITED .....Petitioner Versus NATIONAL SEEDS CORPORATION LIMITED ..... Respondent Advocates who appeared in this case: For the... Petitioner: For the Respondent : Mr Anant Agarwal and Ms Chaanjeet Kaur Bhatia Mr Yashvardhan, Ms Smita Kant, Mr Ambuj Dixit, Mr Ankit Goel and Ms Kritika Angirish CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2509.2017 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 a Sole Arbitrator to adjudicate the disputes between the parties.2. Agreement for supply of wheat seed was entered into between the petitioner and respondent on 09.02.2016.3. As per the petitioner, the respondent failed to pay the entire price of the seeds lifted from the petitioner and further failed to lift the ARB. PET.488/...


Sep 25 2017

Honey Bhagat vs.praleen Chopra

Court: Delhi

Decided on: Sep-25-2017

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:25. h September, 2017 + CRL.M.C. 1681/2015 HONEY BHAGAT ........ Petitioner Through: Mr.Amit Bhagat, Advocate. versus PRALEEN CHOPRA ..... Respondent Through: Mr.Jitender Vohra and Mr.N.K. Vohra, Advocates. CORAM: HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT I.S. MEHTA, J.1. Instant petition preferred by the petitioner under Section 482 Cr.P.C. is arising out of the summoning order dated 16.12.2014 passed by the learned Metropolitan Magistrate-01 (NI Act)/West, Tis Hazari Courts, Delhi in C.C. No.2807/1/2014, for quashing the summoning order dated 16.12.2014, the criminal complaint CC. No.2807/1/14 and all the consequential proceedings pending thereof before the Court of the learned MM-01 (NI Act)/West Delhi.2. The brief facts stated are that the Second Party, i.e. Mrs. Honey Bhagat/petitioner herein along with her husband Mr. Rohit Bhagat and M/s R.V. Ganga Enterprises, purchased a property forming right hand side portion of the T...


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