Delhi Court September 2017 Judgments
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Daya Industries & Ors vs.union of India & Anr
Court: Delhi
Decided on: Sep-21-2017
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. 05.2017 & 14.07.2017 Pronounced on:21. 09.2017 + W.P.(C) 3162/2017 & CM No.13795/2017 TIRUPATI CYLINDERS PVT. LTD. & ANR ........ Petitioners versus INDIAN OIL CORPORATION LIMITED & ANR ........ RESPONDENTS + W.P.(C) 3163/2017 & CM No.13797/2017 + W.P.(C) 3165/2017 & CM Nos.13801/2017 & 16990/2017 + W.P.(C) 3167/2017 & CM No.13806/2017 + W.P.(C) 3168/2017 & CM No.13808/2017 + W.P.(C) 3169/2017 & CM No.13810/2017 + W.P.(C) 4771/2017 + W.P.(C) 4772/2017 + W.P.(C) 4776/2017 & CM No.20710/2017 + W.P.(C) 4777/2017 + W.P.(C) 4778/2017 + W.P.(C) 4779/2017 + W.P.(C) 4780/2017 & CM No.20717/2017 + W.P.(C) 4782/2017 & CM No.20722/2017 + W.P.(C) 4808/2017 & CM No.20804/2017 + W.P.(C) 4809/2017 & CM No.20805/2017 + W.P.(C) 4810/2017 & CM No.20806/2017 + W.P.(C) 5667/2017 + W.P.(C) 5668/2017 + W.P.(C) 5676/2017 + W.P.(C) 5677/2017 + W.P.(C) 5678/2017 + W.P.(C) 5692/2017 Present: Mr. Balbir Singh, Sr. Adv., Mr. Akhil Sibal, Sr. Adv. with M...
National Insurance Co. Ltd. Vs.mahalaxmi & Ors.
Court: Delhi
Decided on: Sep-21-2017
$~R-255 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:21. t September, 2017 + MAC APPEAL No.712/2010 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. D.K. Sharma, Adv. versus MAHALAXMI & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Shanker Yadav died as a result of injuries suffered in motor vehicular accident that occurred on 16.03.1999 due to negligent driving of truck bearing registration No.HR38 3240 (the truck), the fifth respondent herein being the driver, the truck being registered in the name of sixth respondent (the owner) and insured for the period in question with appellant insurance company. The first to fourth respondents (collectively, the claimants) instituted accident claim case (MACT No.528/2008) on 06.11.2001 on the averments that the accident and death had occurred due to negligent driving of the truck. The tribunal held inquiry and, by judgment dated 03.07.2010 accepted the said claim holding the tru...
Iffco Tokio General Insurance Co. Ltd. Vs.geeta Devi & Ors.
Court: Delhi
Decided on: Sep-21-2017
$~R-253 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:21. t September, 2017 + MAC APPEAL No.686/2010 IFFCO TOKIO GENERAL INSURANCE CO. LTD. Through: Mr. Pankaj Seth, Adv. ..... Appellant Versus GEETA DEVI & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Ram Bir, aged about 30 years, suffered injuries in a motor vehicular accident that occurred on 28.12.2007 due to negligent driving of car bearing registration No.HR26G9819 admittedly insured against third party risk with the appellant insurance company for the period in question and died in the consequence. The first to fifth respondents (collectively, the claimants), being members of the family of deceased dependent upon him, instituted accident claim case (MACT5782008) on 07.03.2008 seeking compensation. The tribunal held inquiry and, by judgment dated 02.07.2010, accepted the claim for compensation holding the car driver responsible.2. The tribunal computed compensation in the ...
Nitin Gandhi & Ors vs. State & Anr
Court: Delhi
Decided on: Sep-21-2017
$~32 * + 1.2. 3. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1745/2017 NITIN GANDHI & ORS Through: Mr.Ajay Fatyal, Advocate along with petitioners in person. ........ Petitioners versus STATE & ANR ........ RESPONDENTS Through: Ms.Kamna Vohra, ASC for State with SI Govind Singh, PS Uttam Nagar, Delhi. Mr.Girish Kumar, Advocate for R-2 along with respondent No.2. CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER2109.2017 Status report has been filed. Respondent no.2 is present in court. She is being represented by her counsel. She is duly identified by IO SI Govind Singh. The petitioners have invoked the writ jurisdiction of this court under Articleof the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing of them on 07.03.2016 with Police Station Uttam Nagar, West District, Delhi, under Sections 498-A/406 IPC on the complaint of respondent No.2. the FIR bearing No.257/2016, registered against W.P. (Crl.) No.1745/2017 Page ...
Aerocomfort Anushka Jv vs.northern Railway & Anr.
Court: Delhi
Decided on: Sep-21-2017
$~46 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. 09.2017 O.M.P. (T) (COMM.) 41/2017 AEROCOMFORT ANUSHKA JV ........ Petitioner Through Mr.Dinesh C.Pandey, Ms.Jyoti Pandey & Mr.Rajeev Gurung, Advocates versus NORTHERN RAILWAY & ANR. ........ RESPONDENTS Through Mr.N.Prashant Kumar Nair, Advocate CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking to terminate the mandate of the arbitral tribunal and to appoint a sole arbitrator to adjudicate the disputes between the parties.2. Some of the relevant facts are that respondent No.2 invited tender for Design, Supply, Installation, Testing & Commissioning of Air Cooled Screw Chiller A.C. Plant and airconditioning system complete with associated works in Central Hospital Building of Northern Railway at Chelmsford Road, New Delhi on 12.01.2009. The work was awarded to the p...
M/S Tecnotree Convergence Private Limited vs.m/s Cellcast Interactive ...
Court: Delhi
Decided on: Sep-21-2017
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:13. h September, 2017 Pronounced on:21. t September, 2017 + CO.PET. 61/2015, and CA No.268-269/2015 M/S TECNOTREE CONVERGENCE PRIVATE LIMITED ........ Petitioner Through : Ms.Veronica Mohan and Mr.Aranya Moulick, Advocates. versus M/S CELLCAST INTERACTIVE INDIA PRIVATE LIMITED ..... Respondent Through : Mr.Dinesh Rastogi and Ms.Harshita Agarwal, Advocates. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. The petitioner company is a global provider of Telecom, IT solutions and services. The petitioner provides a broad range of services/solutions for management of products, customers and revenue. One of the Telecom IT solution provided by the petitioner is the transmission of messages and information, through short message service (SMS) which may be classified as Push and Pull Services. The Push service allows sending promotional messages/notifications via SMS to mobile numbers/customers/ users and whereas the Pull se...
Varinder Kaur vs.the State (Nct of Delhi) & Anr.
Court: Delhi
Decided on: Sep-21-2017
$~11 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 21, 2017 CRL.M.C. 3931/2017 VARINDER KAUR ........ Petitioner Through: Mr.V.Elanchezhiyan and Mr.Nasim Anwar, Advocate with petitioner in person. versus THE STATE (NCT OF DELHI) & ANR. ........ RESPONDENTS Through : Mr.Sanjeev Sabharwal, APP for the State with SI Amit Sehrawat and ASI Shri Ram, PS Hari Nagar. PRATIBHA RANI, J.(Oral) Crl.M.A. No.15868/2017 1.2. Exemption allowed subject to all just exceptions. Application is disposed of. Crl.M.C. No.3931/2017 1. The petitioner, who is complainant in case FIR No.623/2014 initially registered under Section 509 IPC at PS Hari Nagar, has invoked the inherent power of this Court under Section 498 CrPC with the following prayer:-"To set aside the judgment order to the extent of discharging the respondent No.2/accused with respect to S.354 passed by the learned ASJ-03, Tis Hazari (West), Delhi in Criminal Revision No.54592/2016 & Criminal CRL.M.C. 3931/2017 Page 1 o...
Hans Raj @ Bhola vs.state
Court: Delhi
Decided on: Sep-21-2017
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:30.08.2017 Judgment Pronounced on:21. 09.2017 CRL.A10612016 HANS RAJ @ BHOLA ..... Appellant Through: Mr. Ajay Verma, Advocate versus STATE ..... Respondent Through: Ms. Aashaa Tiwari, APP for State with SI Ramesh Kumar, PS Sultan Puri CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.1. This Criminal Appeal has been filed against the impugned judgment dated 06.10.2015 in Sessions Case No.arising out of FIR No.8registered under Sections 376(2)(i)/511 of the Indian Penal Code, 1860 (in short IPC) whereby the Trial Court convicted the appellant under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act). By order dated 8.10.2015, the Trial Court sentenced him to undergo rigorous imprisonment for five years and imposed a fine of Rs.5,000/-. On 05.12.2013, after receipt of DD No.57-B, PW-13 W/SI Rakhi along with L/Ct. Kamlesh went to House No.S-168, Dhabe Wali Gali, 2. CRL.A. 1061...
The Peerless General Finance and Investment Company Limited vs.union o ...
Court: Delhi
Decided on: Sep-21-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * + W.P.(C) 2939/2016 & CM No.12280-12281/2016 Date of Decision:21. 09.2017 THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LIMITED ........ Petitioner Through: Mr. Bhaskar P. Gupta, Sr. Adv., Mr. Abhijit Chatterjee, Sr. Adv. with Mr. S. Sukumaran, Mr. Anand Sukumar & Mr. Bhuupesh Kumar Pathak, Advs. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Sanjay Kumar Pathak with Mrs. K. Kaomudi Kiran Pathak and Mr. Sunil Kumar Jha, Advs. for R-1 & 2. Ms. Astha Gupta, Adv. for R-4. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The writ petitioner is aggrieved by the order of the learned Additional District Judge (ADJ), who rejected its application for impleadment applied under Section of the Land Acquisition Act, 1894 (hereafter referred to as the Act), contended that it had an enforceable interest in the underlying properties that stood acquired in its statu...
Lakshmi Narsimha Finbiz Ltd vs.gopal Sapra & Ors
Court: Delhi
Decided on: Sep-21-2017
1 $~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 603/2016 LAKSHMI NARSIMHA FINBIZ LTD ..... Plaintiff Through: Mr. Saurabh Duggal, advocate with Mr. Sukreet Khandelwal, Advocate. versus GOPAL SAPRA & ORS ..... Defendants Through: Mr. Gurdeep Singh Bhatia, Advocate. Date of Decision:21. t September, 2017 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral): I.As. 12850-12851/2015 in CS(COMM) 603/2016 Present applications are procedural applications for entering appearance on behalf of the defendants. The same are allowed. I.As. 1755-1756/2017 in CS(COMM) 603/2016 1. I.A. 1756/2017 has been filed on behalf of defendants under Order 37 Rule 3(5) CPC for condonation of 418 days in re-filing the leave to defend application.2. In the application, it has been averred that the defendants were served with the prescribed summons under Order 37 CPC on 05th and 07th CS(COMM) 603-2016 Page 1 of 3 November, 2015. The leave to defend was filed on 16th November, 2015 and subseque...
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