Delhi Court September 2017 Judgments
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Kiran Devi & Ors vs.megma Hdi Gen Ins Co Ltd & Ors
Court: Delhi
Decided on: Sep-19-2017
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 598/2016 Decided on:19. h September, 2017 KIRAN DEVI & ORS ..... Appellants Through: Mr. Anshuman Bal, Advocate versus MEGMA HDI GEN INS CO LTD & ORS ........ RESPONDENTS Through: Mr. Ved Tripathi and Ms. Vidisha, Advocate for R-1 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) The only contention urged by the claimants in this appeal is that 1. the award under the non-pecuniary heads of damages granted in the sum of Rs.1,00,000/- each towards loss of love and affection and loss of consortium, Rs.10,000/- towards loss of estate besides Rs.25,000/- on account of funeral expenses, by judgment dated 02.04.2016, on the accident claim case (suit no.532/2014) on account of the death of Sarvesh Kumar is inadequate. It is noted that the claimants had proved at the inquiry before the tribunal that the death had occurred due to the negligent driving of the motor vehicle described as a Dumper bearing registrtaionno.HR-55G-7823 admitte...
The New India Assurance Co. Vs.amit Kumar & Ors.
Court: Delhi
Decided on: Sep-19-2017
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h September, 2017 + MAC APPEAL No.96/2016 THE NEW INDIA ASSURANCE CO. ..... Appellant Through: Ms. Archana Gaur, Adv. versus AMIT KUMAR & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 06.11.2013 at about 5:00PM a motor vehicular accident took place involving two vehicles, one being motorcycle bearing registration No.DL9S AA2597and the other car make Bolero bearing registration No.HR63 3657. Prabhawati, aged 44 years who was riding on the pillion of the motorcycle suffered injuries and died in the consequence. Accident claim case (MACP1914/13) instituted by first to third respondents (collectively, the claimants) on 20.12.2013, sought compensation on the averments that the accident had occurred due to negligent driving of Bolero car, it being a vehicle insured against third party risk for the period in question with the appellant insurance company (insurer). The tribunal he...
Bharat Kumar @ Manoj @ Mannu vs.state
Court: Delhi
Decided on: Sep-19-2017
$~19 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:19. 09.2017 W.P.(CRL) 1647/2017 BHARAT KUMAR @ MANOJ @ MANNU ........ Petitioner Through Mr.K. Singhal, Adv. STATE versus ..... Respondent Through Mr.Avi Singh, ASC for State with Ms.Megha Bahl, Adv. with SI Sandeep Kumar, PS Palam Village. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(Oral) 1.2. 3.4. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 Code of Criminal Procedure, 1973 for the issuance of writ of mandamus to release him on parole for 60 days to re- establish and maintain social ties. Status report has been filed. Nominal roll has already been received from the concerned Jail Superintendent, Rohini. Learned counsel for the petitioner submits that in case the petitioner is released on parole, he would reside with his sister Smt.Mamta at House No.14/384, Block-14, Dakshinpuri WP (Crl.) 1647/2017 Page 1 of 4 5.6. It is al...
M/S Steel Authority of India Ltd vs.m/s Engineering Project India Ltd
Court: Delhi
Decided on: Sep-19-2017
$~12 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19.09.2017 O.M.P. (COMM) 248/2016 & I.A.Nos.1556/2015 & 20395/2015 M/S STEEL AUTHORITY OF INDIA LTD Through: Ms.Surabhi Diwan, Advocate ........ Petitioner versus M/S ENGINEERING PROJECT INDIA LTD Through: Mr.Manoj Kumar Das, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. In this petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking to impugn the Appellate Award dated 16.04.2012 passed by the Law Secretary, Govt. of India cum Appellate Authority under Permanent Machinery of Arbitration (PMA).2. Facts of the case are that on 13.11.1991 a contract for lumpsum value of Rs. 46,94,13,000/- (Rupees Forty Six Crores Ninety Four Lacs Thirteen Thousand only) for design, manufacture, supply and delivery at site of plant and equipment and steel structures etc. was awarded by the petitioner to the respondent. It is notew...
Kent Ro Systems Ltd & Anr vs.m/s Kentech Ro Systems & Anr
Court: Delhi
Decided on: Sep-19-2017
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:11. h September, 2017 Pronounced on:19. h September, 2017 CS(OS) 3011/2014 + KENT RO SYSTEMS LTD & ANR Through : Mr.Jaishankar Bhardwaj ..... Plaintiffs and Mr.Abhishek Kotnala, Advocates. versus CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA M/S KENTECH RO SYSTEMS & ANR ..... Defendants Through : None being ex parte. YOGESH KHANNA, J.1. The plaintiffs have filed this suit for infringement, passing off, damages, dilution etc to restrain the defendants from adopting and using the mark KENTECH or any other mark containing the word KENT or KENTECH as part of defendants trading name, domain name and otherwise.2. The suit is premised on the ground that the impugned mark infringes the statutory or common law rights of the plaintiffs in their well known mark KENT. In brief the case of the plaintiffs is: a) plaintiff No.2 - Mr.Mahesh Gupta is the chairman and managing director of plaintiff No.1 and is a registered proprietor of the trademark...
M/S Homeland Buildwell Private Ltd. Vs.shri Sunil Sood
Court: Delhi
Decided on: Sep-19-2017
$~28 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:19. 09.2017 O.M.P.(I) (COMM.) 267/2017 M/S HOMELAND BUILDWELL PRIVATE LTD. ........ Petitioner versus SHRI SUNIL SOOD ..... Respondent Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS : Mr. Akhil Sachar, Advocate. : Mr. Akhil Sibal, Sr. Advocate with Mr. Vaibhav Srivastava, Mr. Pradeep Chhindra and Mr. Aditya Bakshi, Advocates. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking a restraint on the respondent from selling, alienating, transferring, parting with possession or creating any third party rights in the unsold stock of shops/showrooms/office spaces in 37 Bighas in village Kalyanpur, Baddi.2. As per the petitioner, respondent had approached the petitioner O.M.P.(I) (COMM.) 267/2017 Page 1 of 4 seeking finance for purchas...
Devender Sharma & Anr vs.union of India
Court: Delhi
Decided on: Sep-19-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI $~19 * % + Date of Decision:19. h September, 2017 FAO952010 DEVENDER SHARMA & ANR Through: Mr. S.K. Vashistha, Advocate ..... Appellants Versus UNION OF INDIA ..... Respondent Through: Mr. Joydeep Mazumdar, Ms. Momota Bhattacharya and Mr. Kamlesh Kumar, Advocates 1. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The appellants have challenged the impugned order dated 28th January, 2010, whereby their application for compensation had been dismissed by the Railway Claims Tribunal.2. On 04th June, 2008, late Sachin was travelling from Dankaur to Delhi by 1TAD Express Train. When the train reached Dadri Railway Station, Sachin got down for getting water. When the deceased was getting into the coach some hawker came running towards the coach and the deceased fell down due to the push on the non-platform side along with some other passengers and was hit by 2419 Gomti Express which resulted in fatal FAO952010 Page 1 of 15 injuries. The deceased w...
Rajesh Kumar vs.ashok Kumar & Ors.
Court: Delhi
Decided on: Sep-19-2017
$~R-227 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h September, 2017 + MAC.APP. 477/2010 RAJESH KUMAR Through: Nemo. Versus ASHOK KUMAR & ORS. ..... Appellant ........ RESPONDENTS Through: Mr. Pankaj Seth, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant, then aged about 24 years, engaged in the work of tailoring, suffered injuries in a motor vehicular accident that occurred on 23.09.2000 at about 9:55 AM, involving negligent driving of tanker bearing registration No.HR-38C-5123, admittedly insured against third party risk with the third respondent (insurer). He instituted accident claim case (Suit No.343/2004) on 26.08.2004 seeking compensation, impleading besides the insurer, the driver and registered owner of the tanker as party respondents, the driver later being deleted from the fray as he passed away. After inquiry, the tribunal, by judgment dated 06.03.2010, accepted the claim for compensation on account of injuries suffered d...
Sunil Kumar vs.govt. Of Nct of Delhi & Ors
Court: Delhi
Decided on: Sep-19-2017
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:19. h September, 2017 W.P. (C.) No.2454/2017 SUNIL KUMAR ........ Petitioner Through Mr.Vatsal Kumar, Adv. versus GOVT. OF NCT OF DELHI & ORS ........ RESPONDENTS Through Mr.Devesh Singh, ASC (Civil), GNCTD with Ms.Neelam Kholiya, Adv. for R-1 to R-3. Mr.Rakesh Mittal, Standing Counsel, SDMC with Mr.Kamlesh Anand & Ms.Yamini Mittal, Advs. for R-4. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J.(ORAL) 1. This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a writ of Mandamus directing the respondents not to evict/relocate the petitioner from Saket Court Road, Sector-5, Pushp Vihar, opposite CPWD Horticulture Nursery, New Delhi, till the completion of the survey of existing vendors and till such time the vending certificate is not issued.2. Learned counsel for the petitioner submits that the petitioner is a street vendor and has been c...
State (Govt. Of Nct of Delhi) vs.ravi & Anr.
Court: Delhi
Decided on: Sep-19-2017
$~15, 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + % CRL. L.P. 267/2016 RAJESH STATE & ORS Date of Judgment:19. h September, 2017 ........ Petitioner Through: Mr. Rajiv Mohan, Mr. Tejasva Mehra and Mr. Lakshya Gupta, Advocates versus ........ RESPONDENTS Through: Mr. Rajat Katyal, APP for the State along with SI Sandeep P.S. Sarita Vihar. Ms. Inderjeet Sidhu, Amicus Curiae for respondents no.2 and 3. + CRL.L.P. 297/2016 & Crl.M.As.8690-8691/2016 STATE (GOVT. OF NCT OF DELHI) ........ Petitioner Through: Mr. Rajat Katyal, APP for the State along with SI Sandeep P.S. Sarita Vihar. versus RAVI & ANR. ........ RESPONDENTS Through: Ms. Inderjeet Sidhu, Amicus Curiae for respondents no.1 and 2. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR Crl. L.P.Nos.267/2016 & 297/2016 Page 1 of 22 G.S.SISTANI, J.(ORAL) Crl.M.A. 8084/2016(delay) in Crl.L.P. 267/2016 1. By this application, the petitioner seeks condonation of 35 days delay in filing the leave to appeal.2. For...
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