Delhi Court September 2017 Judgments
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Satish Chandra Yadav vs.union of India & Ors
Court: Delhi
Decided on: Sep-25-2017
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10558/2016 Date of decision:25. h September, 2017 SATISH CHANDRA YADAV Through Mr. Himanshu Gautam, Advocate. ........ Petitioner versus UNION OF INDIA & ORS ..... Respondent Through Mr. Jasmeet Singh, CGSC with Mr. Srivats Kaushal, Advocate and Mr. Vivek Kumar, Law Officer, CRPF. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.(ORAL) Satish Chandra Yadav, upon selection by the Staff Selection Commission, was recruited as a temporary employee on the post of Constable (General Duty) in the Central Reserve Police Force (CRPF) on 28th July, 2014. After basic training, he was asked to report for duty in 179th Battalion in the CRPF.2. During the course of selection process, the petitioner was asked to fill up form CRP-25 for the purpose of verification of his character and antecedents.3. On 5th February, 2016, the Commandant of the 179th Battalion issued show cause notice to the petitioner al...
Oriental Insurance Company Limited vs.harbans Lal Kumar & Ors
Court: Delhi
Decided on: Sep-25-2017
$~R-265 & R-266 (common order) * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h September, 2017 + MAC.APP. 792/2010 ORIENTAL INSURANCE COMPANY LIMITED.... Appellant Through: Mr. Amit Gaur, Advocate versus HARBANS LAL KUMAR & ORS ....... RESPONDENTS Through: Mr. Navneet Goyal, Advocate for R-1 to R-3 HARBANS LAL KUMAR & ORS. Through: Mr. Navneet Goyal, Advocate .... Appellants + MAC.APP. 824/2010 versus ORIENTAL INSURANCE COMPANY LIMITED Through: Amit Gaur, Advocate for R-1. ..... Respondent CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Navneet Kumar, 27 years old, having obtained the degrees of Bachelor of Engineering (Electrical) and Master of Business Administration (MBA) was working for gain and died as a result of the injuries suffered by him in a motor vehicular accident that occurred on 31.01.2002, due to negligent driving of tempo bearing MAC A7922010 & 824/2010 Page 1 of 5 registration no.DL-1LB-4296 (the tempo) and the truck bearing registration No.UP-21-83...
Sumita @ Lamta & Anr. Vs.devki
Court: Delhi
Decided on: Sep-25-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.234/2017 and CM Nos. 34672-75/2017 Reserved on:20. h September, 2017 Pronounced on:25. h September, 2017 + % SUMITA @ LAMTA & ANR. ..... Appellant DEVKI Through: Mr. Atul Agarwal, Advs. Versus ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J CM No.34674/2017 (Exemption) Exemption allowed, subject to just exceptions. CM stands disposed of. CM Nos. 34675/2017, 34673/2017 (for condonation of delay in filing and re-filing the appeal) For the reasons stated in the applications, the delay in filing and re-filing the appeal is condoned. CMs stand disposed of. RSA No.234/2017 and CM No.34672/2017 (stay) 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the RSA No.234/2017 Page 1 of 9 suit, impugning the concurrent judgments of the courts below; of the trial court dated 7.12.2016 and the first appellate court...
Om Prakash vs.state
Court: Delhi
Decided on: Sep-25-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 25, 2017 CRL.A. 32/2000 OM PRAKASH ..... Appellant Through: Mr.C.Mohan Rao, Advocate with Mr.Lokesh Kumar Sharma and Mr.Devendra Kumar, Advocates. versus STATE ..... Respondent Through: Ms.Kusum Dhalla, APP for the PRATIBHA RANI, J.(Oral) State.1. By the present appeal the appellant Om Prakash lays challenge to the judgment dated 21st December, 1999 convicting him for the offence punishable under Section 7 and 13(1)(d) of Prevention of Corruption Act, 1988 and order on sentence dated 23rd December, 1999 whereby he has been sentenced in the following manner:-"(a) U/S7of PC Act : (b) U/S131)(d) of PC Act : CRL.A. No.32/2000 to undergo RI for six months and to pay a fine of 500/- and in default of payment of fine, to undergo SI for one month. to undergo RI for one year with fine of 500/- and in default of payment Page 1 of 21 of fine to undergo SI for one month.2. In brief the prosecution case is that on 10th Septem...
Sulochana Devi & Ors. Vs.new India Assurance Company Limited
Court: Delhi
Decided on: Sep-25-2017
$~R-267 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 801/2010 Decided on:25. h September, 2017 SULOCHANA DEVI & ORS. Through: Nemo. .....Appellants versus NEW INDIA ASSURANCE COMPANY LIMITED & ORS. ........ RESPONDENTS Through: Ms. Neerja Sachdeva, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Lalit Kumar, a bachelor, aged about 20 years, died in a motor vehicular accident that occurred on 27.05.2006, due to negligent driving of motor vehicle described as Tata bus bearing registration No.DL-1PA-4228, admittedly insured against third party risk with the first respondent (insurer) for the period in question. His parents (the appellants) filed accident claim case (Suit No.311/2006) seeking compensation. The tribunal held inquiry and, by judgment dated 13.07.2010, upheld the claim for compensation holding the bus driver responsible for the accident. The compensation was awarded in the total sum of Rs.6,55,780/- in favour of the claimants, it inclusive of...
s.e. Investments Ltd. Vs.precious Hospitality and Leisure Private Limi ...
Court: Delhi
Decided on: Sep-25-2017
$~19 & 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 09.2017 O.M.P. (COMM) 426/2016 PRECIOUS HOSPITALITY AND LEISURE PVT.LTD. & ORS. versus S E INVESTMENT LIMITED + OMP (ENF.) (COMM.) 78/2016 S.E. INVESTMENTS LTD. versus PRECIOUS HOSPITALITY AND LEISURE PRIVATE LIMITED & ORS. Advocates who appeared in this case: For the... Petitioner(s) ........ Petitioners ..... Respondent ........ Petitioner ......... RESPONDENTS : Mr. Rahul Malhotra and Mr. Rishu Kant Sharma, Advs. for Precious Hospitality & Leisure Pvt. Ltd. For the Respondent(s) : Mr. P. Nagesh, Adv. for S.E. Investments Ltd. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2509.2017 SANJEEV SACHDEVA, J.(ORAL) O.M.P. (COMM.) 426/2016 has been filed by Precious 1. O.M.P) (COMM.) 426/2016 & OMP (Enf) (Comm.) 78/2016 Page 1 of 3 Hospitality And Leisure Pvt. Ltd. under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) seeking setting aside of award dated 04.12.20...
M/S Klj Resources Limited vs.aura Institution Pvt. Ltd. & Anr.
Court: Delhi
Decided on: Sep-25-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h September, 2017 CS (OS) 1790/2009 M/S KLJ RESOURCES LIMITED .....Plaintiff Represented by: Mr.Kuljeet Rawal, Advocate versus AURA INSTITUTION PVT. LTD. & ANR. ........ RESPONDENTS Represented by: None CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Plaintiff has filed the present suit inter alia seeking a decree of possession, mesne profits, mandatory injunction in respect of portion of the suit premises shown in Red colour in the site plan bearing private No.B-39, Plot No.17, Najafgarh Road situated in KLJ Complex I. Summons in the suit were issued to the defendants vide order dated 22nd September, 2009. Defendants entered appearance and filed their written statement whereafter the following issues were settled vide order dated 25th January, 2011: i. Whether the plaintiff is entitled to mesne profits from the defendants?. If so, at what rate?. OPP. ii. Whether the plaintiff is entitled to interest on the me...
Oriental Insurance Company Limited vs.amir Ali & Ors.
Court: Delhi
Decided on: Sep-25-2017
$~R-263 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 789/2010 Decided on:25. h September, 2017 ORIENTAL INSURANCE COMPANY LIMITED.... Appellant Through: Mr. Pankaj Seth, Advocate versus AMIR ALI & ORS. Through: Nemo. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The insurer by the appeal at hand presses only for recovery rights against the second respondent, he being the driver-cum-owner of the offending vehicle, on account of negligent driving of which the cause of action arose in favour of the first respondent for filing accident claim case (Petition No.412/2010) leading to the impugned judgment dated 14.07.2010 being passed.2. The contention of the insurance company is that there was breach of terms and conditions of the insurance policy as there was no valid or effective driving licence held. It is, however, fairly conceded that no evidence on this score was led during inquiry before the tribunal even by the insurance company. In this view, th...
Reliance General Insurance Co Ltd vs.shahista Begum & Ors
Court: Delhi
Decided on: Sep-25-2017
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h September, 2017 + MAC.APP. 873/2017 and CM353722017 RELIANCE GENERAL INSURANCE CO LTD ..... Appellant Through: Ms. Prerna Mehta, Advocate versus SHAHISTA BEGUM & ORS ........ RESPONDENTS Through CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The insurance company on which the liability to pay the compensation initially has been fastened by the tribunal by its judgment dated 19.08.2017 in the accident claim case (new MACT case no.477567/16) of the first to seventh respondents (collectively, the claimants) is in appeal pressing it only to seek further directions that the amount shall not be released to the claimants till the registered owner of the vehicle (ninth respondent) furnishes a security placing reliance in this context on National Insurance Company Vs. Challa Upendra Rao, 2004 (8) SCC517 2. It is noted that the offending vehicle on account of the negligent driving of which the fatal accident was caused givi...
Neelam Kadyan vs.naveen Dalal
Court: Delhi
Decided on: Sep-25-2017
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 164/2017, C.M. Nos. 33495-97/2017 NEELAM KADYAN ..... Appellant Through: Mr. Ashutosh Dubey, Advocate. versus NAVEEN DALAL Through: None. ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % ORDER2509.2017 1. The appellant/wife is aggrieved by the order dated 09.3.2017, passed by the learned Family Court disposing of her application filed under Section 24 of the Hindu Marriage Act, 1955 (in short the Act), praying inter alia for grant of maintenance @ of Rs.60,000/- per month, for herself and the two minor children.2. Under the impugned order, the learned Family Court refused to grant maintenance to the appellant in view of the fact that she is working as an Assistant Professor (Law) at the Rohtak University and her gross monthly income is to the tune of Rs.80,000/-. However, two minor children of the parties, a daughter aged about 16 years and a son aged about 10 years, have been grante...
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