Delhi Court September 2017 Judgments
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Union of India vs.m/s Chenab Construction Company (Regd)
Court: Delhi
Decided on: Sep-22-2017
$~J- * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:23. 08.2017. Judgment Pronounced on:22. 09.2017. O.M.P. (COMM) 313/2017 UNION OF INDIA Through Mr.Joydeep Mr.Debojyoti Advocates ........ Petitioner Mazumdar & Bhattacharya, ..... Respondent versus M/S CHENAB CONSTRUCTION COMPANY (REGD) CORAM: HON'BLE MR. JUSTICE JAYANT NATH Through Mr.Sandeep Sharma, Advocate JAYANT NATH, J.IA No.9513-14/2017 (exemption) Allowed subject to all just exceptions. O.M.P. (COMM) 313/2017 and IA No.9512/2017 (stay) & 9515/2017 (codonation of delay of 110 days in re-filing) 1. This petition is filed under Section 34 read with Section 28(1) and 28(3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking to set aside the Award of the learned Sole Arbitrator dated 26.12.2016.2. Some of the relevant facts are that the petitioner invited tenders for the work of Construction of Tunnel No.12 & 12-A from Km.to Km.42/500 and Km.to Km.and cut and cover from Km....
Allianz General Insurance Co. Ltd. Vs.prem Kumar Ale & Ors.
Court: Delhi
Decided on: Sep-22-2017
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:22. d September, 2017 + MAC APPEAL No.782/2015 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Siddharth, Adv. versus PREM KUMAR ALE & ORS. ..... Respondent Through: Mr. Abhinav Dang & Mr. Nirmal Goenka, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The insurer is in appeal to assail the denial of plea for exoneration or grant of recovery rights against the registered owner of the offending vehicle by judgment dated 31.07.2015 of the motor accident claims tribunal in accident claim case (MACT2402014) on the contention that the evidence adduced by it (insurance company) had shown that the driving licence on which reliance was placed, it purportedly having been issued by transport department at Kanpur UP was based on a document purporting to be a driving licence issued by authority in Guwahati, Assam, which was found to be fake. It is noted, however, that the evidence brought before t...
Adonis Limited vs.narotam Sayal & Anr.
Court: Delhi
Decided on: Sep-22-2017
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:22. d September, 2017 + TR.P.(C.) 106/2017 ADONIS LIMITED ........ Petitioner Through: Ms. Ekta Sikri and Mr. Junaid Nahvi, Advocates versus NAROTAM SAYAL & ANR. ........ RESPONDENTS Through: Mr. A.S. Mathur and Ms. Sweta Singh, Advocates for D-1 Ms. Priya Kumar, Ms. Tanya Tiwari and Mr. Anand Chichra, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The petition at hand invokes the jurisdiction of this court under Section 24(1)(b) of the Code of Civil Procedure, 1908 (CPC) to seek withdrawal of two execution petitions pending in the district courts and their transfer to this court for further proceedings in their respect alongwith a third execution petition pending on the original side here. On notice, the respondents who are described as judgment debtors in the execution cases have appeared to resist the prayer.2. The decrees which are sought to be executed in all the three petitions are stated to have ...
Rahul Malhotra & Ors. Vs.the State & Anr.
Court: Delhi
Decided on: Sep-22-2017
$~26 * + 1.2. 3.4. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1102/2017 RAHUL MALHOTRA & ORS. ........ Petitioners Through: Mr. Anoop Singh Saroha, Advocate with petitioners in person. versus THE STATE & ANR. ........ RESPONDENTS Through: Mr. Avi Singh, ASC for Mr. Rahul Mehra, Standing Counsel for the State with SI Suraj Pal, PS Keshav Puram, Delhi. Mr. Rajesh Panwar, Advocate for R-2 and respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER2209.2017 % Status report has been filed. Respondent No.2 appears in person. She is being represented by her counsel. She is duly identified by IO SI Suraj. 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.464/2015, registered on 04.07.2015 against them with Police Station Keshav Puram, North West District, Delhi, under Sections 498A/4IPC on the compl...
Savita Rani & Anr vs.naresh Kumar and Anr.
Court: Delhi
Decided on: Sep-22-2017
$~A- * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. 09.2017 RC.REV. 218/2016 and CM No.14473/2016 (stay) SAVITA RANI & ANR Versus .Petitioners Through Mr.R.K. Sahni, Adv. NARESH KUMAR AND ANR. Respondents Through Mr.Sanjeev Sindhwani, Sr.Adv. with Mr.Ravinder Chadha and Mr. Jagdish Prasad, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. The present revision petition is filed under Section 25 B (8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) seeking to impugn the ex parte eviction order dated 15.09.2015 passed the Additional Rent Controller (hereinafter after referred to as the ARC) under Section 14(1) (e) of the DRC Act.2. Earlier, I had heard the learned counsel for the petitioner Mr.R.K.Saini and Mr.Sanjeev Sindhwani, the learned senior counsel appearing for the respondents. As certain clarifications were required, the case was listed on 08.09.2017 and today.3. The respondents filed the eviction petition again...
Ramjas Foundation vs.uoi and Ors.
Court: Delhi
Decided on: Sep-22-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. 08.2017 Pronounced on:22. 09.2017 + W.P.(C) 6674/2015, C.M. APPL.12173/2015 & 14593/2017 RAMJAS FOUNDATION ........ Petitioner Through : Sh. Ravinder Sethi, Sr. Advocate with Sh. Parvinder Chauhan and Sh. Nitin Jain, Advocates. versus UNION OF INDIA & ORS ........ RESPONDENTS Through : Sh. Ajay Verma, Standing Counsel with Sh. Arjun Pant and Ms. Diviani Khanna, Advocates, for DDA. Ms. Archana Gaur and Sh. R.M. Tripathi, Advocates, for UOI. Sh. Yeeshu Jain, Standing Counsel with Ms. Jyoti Singh, Advocate, for L&B. Sh. Gajendra Kumar Chauhan, Advocate, for applicant/Bhagwan Dass. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR MR. JUSTICE S. RAVINDRA BHAT % Facts W.P.(C)6674/2015 Page 1 of 15 1. The... Petitioner, owner of land measuring 651 Bigha in revenue estate of Village-Sadhora Khurd (now known as Anand Parbat, referred to hereafter as the suit lands), Delhi, seeks a direction from this Court, unde...
Sunny Verma @ Shalu vs.state & Ors.
Court: Delhi
Decided on: Sep-22-2017
$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.L.P. 552/2017 Date of Judgment:22. d September, 2017 SUNNY VERMA @ SHALU ........ Petitioner Through: Mr.Ravish Roshan and Mr.Kumar Nikhil, Advocates. versus STATE & ORS. Through: Ms.Radhika Kolluru, APP for the ........ RESPONDENTS State. Insp.Sanjeev Kumar and SI Samrat Khatiyan, PS Harsh Vihar. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J.(ORAL) CRL.L.P. 552/2017 & Crl.M.A. 15685/2017 (Condonation of Delay) 1. The present leave to appeal has been filed against the judgment dated 01.03.2016. Along with leave to appeal an application seeking condonation of 504 days delay has been filed.2. Counsel for the petitioner submits that the leave to appeal could not be filed within the time allowed due to bona fide reasons and for reasons beyond the control of the petitioner.3. We have heard counsel for the petitioner. Before the submission of the counsel for the petitioner can be examined, we d...
Latika vs.staff Selection Commission and Ors
Court: Delhi
Decided on: Sep-22-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7695/2016 % LATIKA Reserved on:20. h April, 2017 Date of Decision:22. d September, 2017 ........ Petitioner Through Mr. Dvijendra Kumar Pandey, Advocate. versus STAFF SELECTION COMMISSION AND ORS ..... Respondent Through Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor and Mr. Prateek Dhanda, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE A.K. CHAWLA SANJIV KHANNA, J.Latika, having been denied selection to the post of Constable (General Duty) on account of late submission of Other Backward Class (OBC) certificate, has filed the present writ petition impugning order dated 8th July, 2016, returning the OBC certificate submitted by her. She has prayed for a direction to the respondents to include her name in the final list of successful candidates for the post of Constable (General Duty).2. Relevant facts, in brief, may be noted. Staff Selection Commission (SSC, for short) vide notification dated 24th January, 20...
Sanjeev Kumar Sharma vs.oriental Insurance Co Ltd & Ors
Court: Delhi
Decided on: Sep-22-2017
$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:22. d September, 2017 + MAC.APP. 860/2017 and CM APPL.34980-34982/2017 SANJEEV KUMAR SHARMA ..... Appellant Through: Mr. Mohit Sharma, Advocate with Mr. Amit Baipoya, Advocate versus ORIENTAL INSURANCE CO LTD & ORS........ RESPONDENTS Through: Mr. Pradeep Gaur, Advocate with Mr. Amit Gaur, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. A very peculiar situation has been brought about by the appeal at hand, requiring consideration in light of not only the judgment dated 11.09.2012, on accident claim case (Suit No.137/2010) which is impugned here, but also the subsequent order dated 08.04.2016 passed by the same very tribunal in Execution Case No.17/2015, such proceedings having been initiated by the first respondent (insurer). A copy of the said subsequent order dated 08.04.2016 was placed before the court during the hearing and has been taken on record.2. The accident claim case was instituted by the second res...
Oriental Insurance Co. Ltd. Vs.shobha & Ors.
Court: Delhi
Decided on: Sep-22-2017
$~R-257 & 258 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:22. d September, 2017 + MAC APPEAL No.744/2010 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Amit Gaur & Mr. Pradeep Gaur, Advs. versus SHOBHA & ORS. ........ RESPONDENTS Through: Mr. O.P. Mainee, Adv. for R-3 to 5. + MAC APPEAL No.780/2011 SHOBHA & ORS. ..... Appellants Through: Mr. O.P. Mainee, Adv. versus ORIENTAL INSURANCE CO. LTD. ..... Respondent Through: Mr. Amit Gaur & Mr. Pradeep Gaur, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Sunil Dutt Sharma died in motor vehicular accident that occurred on 02.01.2009 involving negligent driving of truck bearing registration No.HR12 8635, admittedly insured against third party risk with Oriental Insurance Company (appellant in MAC Appeal No.MAC Appeal No.744/2010 & conn. Page 1 of 4 744/2010). The members of his family dependent on him, they being appellants in MAC Appeal No.780/2011 (collectively, the claimants) instituted accident claim case ...
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