Delhi Court September 2017 Judgments
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Pawan Vashisht vs.sushil Vashisht & Ors
Court: Delhi
Decided on: Sep-25-2017
$~09 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA(OS) 129/2015 Date of decision:25. h September, 2017 PAWAN VASHISHT ..... Appellant Through Mr. D.K. Rustagi, Ms. Anuradha Vashist and Mr. Mayank Rustagi, Advocates. Versus SUSHIL VASHISHT & ORS ..... Respondent Respondent No.1 in person. Through Ms. Varsha Baxi, Advocate for R-3, Rajesh Vashist. Mr. O.N. Sharma, Advocate for R-5. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.(ORAL) This intra-Court appeal by Pawan Vashist, who is defendant No.3 in CS (OS) No.1623/2007, impugns order dated 21st May, 2015 passed by the learned single Judge. The said order reads as under:-"The preliminary decree passed on 15th May, 2014 was recalled on 9th October, 2014 on the ground that counsel for defendant No.3 was not present in Court on 15th May, 2014. Today, learned counsel for defendant No.3 states that though she has no objection to a preliminary decree being passed quantifying the share of each of t...
Santosh Gandhi & Anr. Vs.national Insurance Company Limited and Ors.
Court: Delhi
Decided on: Sep-25-2017
$~R-264 IN THE HIGH COURT OF DELHI AT NEW DELHI * + MAC APPEAL7912010 Decided on:25. h September, 2017 SANTOSH GANDHI & ANR. ..... Appellants Through: Mr. Nitinjya Chaudhary, Advocate with Mr. Rajeev Kumar Trivedi, Advocate versus NATIONAL INSURANCE COMPANY LIMITED AND ORS. ........ RESPONDENTS Through: Ms. Rakhi Dubey, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (MACT No.455/2005) instituted on 16.08.2005 by the appellants (collectively, the claimants) on account of death of their daughter Punita Gandhi which had occurred in a motor vehicular accident that took place on 20.06.2005, compensation in the total sum of Rs.6,50,000/- was awarded and the liability to pay was fastened against the first respondent (insurer), it admittedly having issued the insurance policy covering third party risk for the period in question in respect of the offending vehicle. In the said amount of compensation, non-pecuniary damages in the sum of Rs.50...
New India Assurance Company Ltd vs.chanda Devi & Ors
Court: Delhi
Decided on: Sep-25-2017
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h September, 2017 + MAC.APP. 969/2015 and CM305302015 NEW INDIA ASSURANCE COMPANY LTD ..... Appellant Through: Mr. Ravinder Singh and Mr. Arnav Vidyarthi, Advocates versus CHANDA DEVI & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar and Ms. Pankaj Kumari, Advocates for R-1 & 2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The accident claim case (case no.823/2012) of the first and second respondents (collectively, the claimants) instituted on 22.11.2012 arose out of death of Arjun Lal Shrivastwa in a motor vehicular accident that occurred on 03.12.2006. The Motor Accident Claims Tribunal (Tribunal), by judgment dated 23.11.2015, accepted the case under Section 163A of the Motor Vehicles Act, 1988 and awarded compensation in the total sum of Rs.4,53,300/- fastening the liability on the appellant / insurance company (insurer) to pay with interest at the rate of 9% p.a.2. In the claim case it had been pleaded that...
Mahmood Farooqui vs.state (Govt of Nct of Delhi)
Court: Delhi
Decided on: Sep-25-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A.944/2016 MAHMOOD FAROOQUI versus STATE (GOVT OF NCT OF DELHI) Reserved on:01. 09.2017 Delivered on:25. 09.2017 ..... Appellant ..... Respondent Advocates who appeared in this case: For the Appellant: Mr. Kapil Sibal, Sr. Adv. and Mr. Prashanto Chandra Sen, Sr. Adv. with Ms. Nitya Ramakrishnan, Mr. Ashwath Sitaraman, Ms. Suhasini Sen & Mr. Nizam Pasha & Mr. Shivanshu Singh. For the Respondent: Ms. Richa Kapoor, ASC Insp. Ram Niwas W/SI Seema, P.S. New Friends Colony For the Complainant: Ms. Vrinda Grover & Ms. Ratna Appnender. CORAM:-"HONBLE MR JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR, J JUDGMENT1 Mahmood Farooqui, the appellant, has been convicted under Section 376(1) of the IPC vide judgment dated 30.07.2016 passed by the Additional Sessions Judge Special Fast Track Court, Saket Courts, New Delhi in Sessions Case No.1(New SC No.1590/2016), arising out of FIR No.273/2015 dated 19.06.2015 (P.S. New Friends Colony) registered under Sectio...
Hdfc Ergo General Insurance Co. Ltd. Vs.rahul Cargo Pvt. Ltd.
Court: Delhi
Decided on: Sep-25-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.237/2017 & CM Nos. 35369/2017 - 35371/2017 + % HDFC ERGO GENERAL INSURANCE CO. LTD. ..... Appellant 25th September, 2017 Mr. Suman Bagga, Advocate Through: versus RAHUL CARGO PVT. LTD. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.35371/2017(Exemption) Exemption allowed subject to just exceptions. CM stands disposed of. CM No.35370/2017(delay in filing the appeal) For the reasons stated in the application, delay in filing the appeal is condoned. CM stands disposed of. RSA No.237/2017 & CM No.35369/2017 (stay) 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant/insurance company impugning the concurrent judgments of RSA No.237/2017 Page 1 of 8 the courts below; of the trial court dated 31.3.2016 and the first appellate court dated 22.4.2017; by which the courts below have decreed the suit of...
Parametric Technology Corporation & Anr. Vs.anil Thode & Anr.
Court: Delhi
Decided on: Sep-25-2017
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 09.2017 CS(OS) 3126/2011 & I.A. 20063/2011 PARAMETRIC TECHNOLOGY CORPORATION & ANR ..... Plaintiffs ..... Defendants versus ANIL THODE & ANR Advocates who appeared in this case: For the... Petitioner For the Respondent : Mr. Ravin Galgotia, Adv. : Mr. Amith J., and Mr. C.B. Guru Raaj, Advs. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2509.2017 SANJEEV SACHDEVA, J.(ORAL) 1. The plaintiff has filed this Suit for permanent injunction thereby restraining the defendants for infringing the copyright of the plaintiff in the software of the plaintiff under the name PRO E.2. The parties were referred to mediation vide order dated 27.02.2017. CS (OS) 3126/2011 Page 1 of 3 3. The parties have settled their disputes through the process of mediation and Settlement Agreement dated 21.08.2017 has been executed between the parties.4. Settlement Agreement is signed by the authorized representatives of the plaintiff as w...
Icici Lombard General Ins. Co Ltd. Vs.harleen Kaur & Ors
Court: Delhi
Decided on: Sep-25-2017
$~R-262 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 787/2010 Decided on:25. h September, 2017 ICICI LOMBARD GENERAL INS. CO LTD. .... Appellant Through: Mr. Pankaj Gupta, Advocate for Ms. Suman Bagga, Advocate versus HARLEEN KAUR & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate with Ms. Pankaj Kumari, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (Suit No.98/2010) of the first to third respondents (collectively, the claimants), the motor accident claims tribunal, by judgment dated 18.08.2010, awarded compensation in the total sum of Rs.11,20,000/- on account of death of Manmohan Singh in a motor vehicular accident that occurred on 10.11.2009, on account of negligent driving of bus bearing registration no.DL-1PB- 1135, admittedly insured against third party risk with the appellant / insurance company (insurer) for the period in question.2. It is noted that the claim case was instituted by two daughters and father of t...
Harbans Lal vs.shyam & Ors. (New India Assurance Co. Ltd.)
Court: Delhi
Decided on: Sep-25-2017
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h September, 2017 + MAC APPEAL2352016 HARBANS LAL ..... Appellant Through: Mr. S.N. Parashar, Advocate with Ms. Pankaj Kumari, Advocate versus SHYAM & ORS. (NEW INDIA ASSURANCE CO. LTD.) ........ RESPONDENTS Through: Mr. Vinod Trishal, Advocate for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant had suffered injuries in a motor vehicular accident that occurred on 22.06.2010 upon the bicycle he was riding, being hit by truck bearing registration No.DL-1LGB-6446 (the truck) from behind. He instituted accident claim case (Suit No.51/2011) on 05.02.2011 impleading driver, owner and insurer of the truck as party respondents, they being first to third respondents in the appeal. On the basis of evidence led during inquiry the tribunal, by judgment dated 20.09.2011, accepted the case that the injuries had been suffered due to accident which was caused on account of negligent driving of the truck. The tribuna...
Mohd Anesur Rahaman vs.mosarraf Hossain and Ors
Court: Delhi
Decided on: Sep-25-2017
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:21. t September, 2017 Pronounced on:25. h September, 2017 + CS(COMM) 1418/2016 MOHD ANESUR RAHAMAN Through : Mr.Ajay ..... Plaintiff Suman, Mr.Pankaj Kumar, Mr.Kapil Giri and Mr.Vijay Shukla, Advocates. Amitabh versus MOSARRAF HOSSAIN AND ORS ..... Defendants Through : Mr.Devesh Kr Malan and Ms.Usha Mahant, Advocates. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.IA No.843/2017 1. This application under Order 6 Rule 17 CPC is moved for amendment in the plaint. The learned counsel for plaintiff/ applicant alleges when the suit was filed, the plaintiff had applied for the registration of the trademark / label ANDAZ BIRI NO.205 LABEL/ ANDAZ BIRI in relation to adverting, distribution, marketing, wholesale and retail services relating to Bidi falling in class No.35 of the IVth Schedule attached to the Trademarks Act, 1999.2. However during the pendency of this suit, the ANDAZ BIRI NO.205 LABEL has been registered by the...
The Oriental Insurance Company Limited vs. Chokhe & Ors.
Court: Delhi
Decided on: Sep-25-2017
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h September, 2017 + MAC.APP. 887/2016 and CM353002017 THE ORIENTAL INSURANCE COMPANY LIMITED Through: Mr. Amit Gaur, Advocate .....Appellant versus CHOKHE & ORS. ........ RESPONDENTS Through: Mr. Kanhi Lal, Advocate for R-1 & R-2. Mr. Paritosh, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Uday, a bachelor, aged about 20 years, suffered injuries in a motor vehicular accident that occurred on 22.10.2010, on being hit by motorcycle bearing registration No.DL-5SAE-0301, driven negligently by the third respondent, it being registered in the name of the fourth respondent and admittedly insured against third party risk with the appellant insurance company for the period in question, and died in the consequence. His parents, first and second respondents (collectively, the claimants) instituted accident claim case (MACT No.357/2010, New No.14936/2015) on 23.11.2010 seeking compensation. The tribunal held i...
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