Delhi Court September 2017 Judgments
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Iffco Tokio General Insurance. Co. Ltd vs.tenzin Peldon & Ors.
Court: Delhi
Decided on: Sep-19-2017
$~R-231 & 233 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h September, 2017 + MAC APPEAL No.514/2010 & CM No.13977/2010 IFFCO TOKIO GENERAL INSURANCE. CO. LTD Through: Ms. Suman Bagga, Adv. . Appellant versus TENZIN PELDON & ORS. ........ RESPONDENTS Through: Mr. R.K. Kohli, Adv. for R-1. + MAC APPEAL No.593/2010 TENZIN PELDON ..... Appellant Through: Mr. R.K. Kohli, Adv. versus TELEMART COMMUNICATION INDIA PVT. LTD. & ANR. ........ RESPONDENTS Through: Ms. Suman Bagga, Adv. for R CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) On 28.02.2004, four persons were moving in car bearing 1. registration No.DL4 AB0735(the car) driven by Nitesh Gupta (respondent in these appeals), it being registered in the name of Telemart Communication (India) Pvt. Ltd. (another respondent in these appeals), it admittedly being insured against third party risk with MAC Appeal No.514/2010 & conn. Page 1 of 7 IFFCO Tokio General Insurance Co. Ltd. (appellant in MAC Appeal No.514/2010. The pas...
Hari Shanker Rastogi vs.allahabad Bank
Court: Delhi
Decided on: Sep-19-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h September, 2017 RC.REV. No.35/2016 and CM No.2363/2016 (for stay). HARI SHANKER RASTOGI ........ Petitioner Through: Ms. Sangeeta Chandra, Adv. versus ALLAHABAD BANK ..... Respondent Through: Mr. Rajesh Mahendru, Mr. Ashok Kr. Jain and Mr. Amit, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order (dated 17th November, 2015 in Case No.E-450/of the Court of Additional Rent Controller-1 (Central), Tis Hazari Courts, Delhi) granting leave to the respondent to defend the petition for eviction under Section 14(1)(e) of the Act filed by the petitioner.2. The petition was entertained and notice thereof ordered to be issued and the Trial Court record requisitioned.3. Owing to the Trial Court record having been requisitioned in this Court, further proceedings in the petition for eviction pursuant to grant of leave to ...
Express House Keeper (P) Ltd. Vs.ensol Power (P) Ltd.
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 + CO.PET. 117/2016 EXPRESS HOUSE KEEPER (P) LTD. ........ Petitioner Through : Mr.T.L. Garg and Mr.Rohan Garg, Advocates. versus CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA ENSOL POWER (P) LTD. Through : None. ..... Respondent YOGESH KHANNA, J.1. The petitioner company is engaged in providing man power services on hire. The respondent approached the petitioner and requested it to provide man power for pay roll management. This means on one side the respondent would select and employ the staff for its work and on the other side, the petitioner were to provide salary disbursal to the employee by respondent on agreed terms. The written agreement dated 10.10.2013 was executed between the parties. The relevant clauses of the agreement in question read as under:-"Clause (3) PERIOD OF AGREEMENT. That this Agreement shall be effective in initially for a period of One year w.e.f. 01...
Vimal Kumar & Ors vs.the State & Anr.
Court: Delhi
Decided on: Sep-19-2017
$~20 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1707/2017 VIMAL KUMAR & ORS ........ Petitioners Through: Mr.Ankit Gupta, Adv. with Ms.Isha Agarwal, Adv. with petitioners in person. versus THE STATE & ANR. ........ RESPONDENTS Through: Ms.Kamna Vohar, ASC for State with SI Gajender Singh, PS Mahendra Park, Delhi. Mr.Pankaj Mehta, Adv. with Mr.R.K. Mehta, Mr.Parmod Kalirana and Ms.Shweta Soni, Advs. for R-2 along with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL1 2.3. ORDER1909.2017 % Respondent No.2 is present in person. She is being represented by her counsel. She is duly identified by IO SI Gajender Singh. 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.0197/2016, registered on 02.04.2016 against them with Police Station Mahendra Park, North West District, Delhi, under Sections ...
Swati Chhatre vs.state
Court: Delhi
Decided on: Sep-19-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Decided on:19. h September, 2017 TEST. CASE412016 SWATI CHHATRE ........ Petitioner Represented by: Mr. Kishore Gajariya with Mr.Shivum Asthana, Advocates versus Represented by: Mr. Arun Malik with .....Respondents Ms. Ruchira Singh, Advocates for R-2 & 3 STATE CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. By the present petition filed under Section 276 of Indian Succession Act, 1925, the petitioner seek grant of probate/Letter of Administration in respect of the last Will of Late Mrs. Shanti Pandey executed on 1st June, 2010 in favour of the petitioner.2. Since no executor has been appointed in the Will dated 1st June, 2010 by the testator, probate cannot be granted by virtue of Section 222 of Indian Succession Act. However, section 232 of the Act provides that where the deceased has made a Will but has not appointed an executor, a universal or a residuary legatee may be admitted to prove the Will, and letters of administ...
Kishore Singh vs.mithlesh Kumar & Ors
Court: Delhi
Decided on: Sep-19-2017
$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 279/2017 Decided on:19. h September, 2017 KISHORE SINGH ..... Appellant Through: Mr. S.N. Parashar and Ms. Pankaj Kumari, Advocates versus Through: Mr. C.S. Parashar, Adv. for R-3 ........ RESPONDENTS MITHLESH KUMAR & ORS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant having suffered injuries in a motor vehicular accident that occurred on 18.07.2013 involving the negligent driving of a truck bearing registration no.HR-38P-7774 had instituted accident claim case (suit no.313/2013) on 12.11.2013, on which, after inquiry, by judgment dated 01.07.2016, the Motor Accident Claims Tribunal (Tribunal) awarded compensation in the total sum of Rs.4,96,757/- directing the third respondent / insurer of the offending vehicle to pay with interest at the rate of 9% p.a., the said amount inclusive of Rs.30,000/- towards pain and suffering, Rs.10,000/- towards loss of amenities and enjoyment of life and Rs.20,000/- towards...
Bharat Heavy Electricals Limited vs.electricity Generation Incorporati ...
Court: Delhi
Decided on: Sep-19-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:11. h September, 2017 Decided on:19. h September, 2017 CS(COMM) 190/2017 BHARAT HEAVY ELECTRICALS LIMITED ..... Plaintiff Represented by: Dr. A.M. Singhvi, Mr. Parag Tripathi, Sr. Advocates with Mr. Atul Shanker Mathur, Ms. Nimita Kaul and Mr. Prabal Mehrotra, Advocates. versus ELECTRICITY GENERATION INCORPORATION & ORS. ..... Defendants Represented by: Mr. Rajeeve Mehra, Sr. Advocate with Mr. Mayank Mishra and Mr. Ashwin Nayar, Advocates for Defendant No.2. Mr. Arun Aggarwal, Advocate for Defendant No.3. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA I.A. Nos. 3182/2017 (under Order XXXIX Rule 1 and 2 CPC), 5090/2017 (under Order VII Rule 10 and 11 by Defendant No.2) and 7263/2017 (under Order XXXIX Rule 4 CPC r/w Order VII Rule 10 and 11 by Defendant No.3) 1. Before dealing with the applications individually it would be appropriate to first set out the facts in the plaint. Plaintiff Bharat Heavy Electricals Limited (in short BHEL) has...
M/S Delhi Chartered Accountants Co Operative Group Housing Society Ltd ...
Court: Delhi
Decided on: Sep-19-2017
$~27 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:19. h September, 2017 FAO1582017 & CM Appln. 13710/2017 M/S DELHI CHARTERED ACCOUNTANTS CO OPERATIVE GROUP HOUSING SOCIETY LTD THR ITS PRESIDENT & SECRETARY Through Mr. Neeraj Kumar, Advocate ..... Appellant versus ROOPA DEVI Through Mr. S K Singh and Mr. Agit K Singh, Advocates with respondent in person ..... Respondent CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The appellant has challenged the impugned order dated 10th February, 1. 2017 whereby compensation of Rs.6,77,760/- along with interest @ 12% per annum and funeral charges of Rs.5,000/- have been awarded to the respondent.2. The respondent is the widow of Late Shyambir who was working as a plumber with the appellants CA Apartments for the last about 28 years. On 14th February, 2012, Late Shyambir was on duty in the society complex and at about 12:00 Noon, he fell down from the building No.5A of CA Apartments which resulted in fatal injuries. The dece...
r.vaithiyanathan vs.d.d.a. & Ors.
Court: Delhi
Decided on: Sep-19-2017
$~R-38 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and Order:19. h September 2017. + RFA732007 R.VAITHIYANATHAN Through: Mr. M.A. Niyazi, Advocate ..... Appellant D.D.A. & ORS. versus Through: None. CORAM: HON'BLE MR. JUSTICE P.S.TEJI ORDER1909.2017 % P.S. TEJI, J.(ORAL) ..... Respondent1) Aggrieved by the judgment and decree passed by the Additional Sessions Judge dated 29.09.2006 the appellant has preferred the present appeal.2) During the course of arguments, it has been submitted that the suit is not maintainable without grant of exemption under Section 53- B of the Delhi Development Act. It has been submitted by counsel for the appellant that one application being I.A. No.1052/1997 was filed in the High Court at the time of filing the original suit, on which notice was directed to be issued vide order dated 04.02.1997. Subsequently, suit was transferred to the court of District Judge and this matter was heard and tried by the court below. Admittedly,3) before filing ...
Punj Lloyd Infrastructure Ltd vs.national Highways Authority of India ...
Court: Delhi
Decided on: Sep-19-2017
$~ 56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7036/2010 & CM139622010, 2307/2011 PUNJ LLOYD INFRASTRUCTURE LTD ........ Petitioner Through: Mr S. Venkatesh, Mr Varun singh and Mr Sandeep Rajpurohit, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA AND ANR ........ RESPONDENTS Through: Ms Gunjan Sinha Jain, Advocate with Ms Bhavana Singh, Mr Mukesh Kumar, Advocates NHAI. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1909.2017 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, praying as under:-"a) Issue a writ of Certiorari or any other appropriate writ quashing No.NHAI/BOT/DBFO/11019/02/07/336 dated September 14, 2010 issued by the Respondent No.1 to the... Petitioner; Communication Impugned the b) Issue a writ of Prohibition or any other appropriate writ restraining Respondent No.1, its principal officers, servants, agents and all other persons acting for and on its behalf from invoking/partially No.Guarantee invoking Bank W.P. (C) 7036/2010...
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