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Delhi Court September 2017 Judgments

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Sep 15 2017

Awdesh Chand Jauhari & Anr vs.sarika Jauhari & Anr

Court: Delhi

Decided on: Sep-15-2017

$~32. * + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) No.1015/2017, CM No.33652/2017 (for stay) and CM No.33654/2017 (for condonation of 10 days delay in re-filing). AWDESH CHAND JAUHARI & ANR Through: Mr. S.P. Gairola, Adv. ........ Petitioners versus ........ RESPONDENTS Through: None. SARIKA JAUHARI & ANR CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER1509.2017 CM No.33651/2017 (for exemption) and CM No.33653/2017 (exemption from filing complete Trial Court record).1. Allowed, subject to just exceptions.2. The applications stand disposed of. CM(M) No.1015/2017, CM No.33652/2017 No.33654/2017 (for condonation of 10 days delay in re-filing).3. This petition under Article 227 of the Constitution of India impugns (for stay) and CM the orders (dated 11th July, 2016 and 13th April, 2017 in CS No.4of the Court of Additional District Judge 03 (North-West), Rohini Courts, Delhi) closing the right of the two petitioners to file written statement and dismissing the application of the ...


Sep 15 2017

Phool Devi & Ors. Vs.nitin Chopra & Anr.

Court: Delhi

Decided on: Sep-15-2017

$~R-213 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. h September, 2017 + MAC APPEAL No.399/2010 PHOOL DEVI & ORS. ..... Appellants Through: Mr. O.P. Mannie, Adv. versus NITIN CHOPRA & ANR. ........ RESPONDENTS Through: Mr. Pradeep Gaur, Adv. for R CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Hari Singh, while moving on motorcycle bearing registration No.DL8 AB0993on 26.02.2007 at about 3:00PM statedly suffered injuries due to motor vehicular accident that involved another motorcycle bearing registration No.DL7 AM9841 which was admittedly insured against third party risk with the second respondent (insurer). It is stated that after suffering injuries, he was taken to a hospital for treatment. He was discharged from the hospital on 06.03.2007 because of non-availability of bed for indoor treatment. He remained unconscious till 11.03.2007 when his condition deteriorated and while being taken again to the hospital he died due to injuries suffered in the said accident...


Sep 14 2017

Rekha and Anr. Vs.union of India

Court: Delhi

Decided on: Sep-14-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % REKHA AND ANR. FAO No.149/2017 14th September, 2017 ..... Appellants Mr. D. Sabharwal, Advocate. Through: versus UNION OF INDIA CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal is filed by the appellants/claimants under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment of the Railway Claims Tribunal (RCT) dated 10.1.2017 by which the RCT has dismissed the claim petition filed by the appellants/claimants on the ground that the deceased Sh. Laxman Singh was not a bonafide passenger. The appellants/claimants filed the claim petition alleging that the deceased Sh. Laxman Singh while travelling from New Delhi to New Town, Faridabad on 16.10.2015 met with an untoward incident late in the evening when he boarded the FAO No.149/2017 Page 1 of 4 crowded local EMU train and from which he is said to have fallen down. The incident in ...


Sep 14 2017

State Thr. Cbi vs.k. Rangachari & Ors.

Court: Delhi

Decided on: Sep-14-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.REV.P. 499/1997 STATE THR. CBI versus K. RANGACHARI & ORS. Reserved on:24. 08.2017 Delivered on:14. 09.2017 ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : Mr.Narender Mann, SPP with Mr.Manoj Pant. For the... RESPONDENTS: Mr.Ravi Gupta, Sr.Adv. with Mr. Swastik Singh CORAM:-"HONBLE MR JUSTICE ASHUTOSH KUMAR and Mr. Sachin Jain. ASHUTOSH KUMAR, J JUDGMENT1 The State/CBI has challenged the order dated 30.08.1997 passed in Sessions Case No.CC-286/1984 by the learned Special Judge, Delhi whereby the respondents have been discharged as no offence was found to have been made out against them.2. RC1A)/90-SIU(X) was registered on 09.03.1990 on the basis of source information against the respondents. It was alleged that respondent No.1, K.Rangachari while working as branch manager, Indian Overseas Bank, Model Town branch, Delhi during the year 1989, entered into a criminal conspiracy with the...


Sep 14 2017

Smt. Sunita and Ors. Vs.union of India

Court: Delhi

Decided on: Sep-14-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.589/2016 + % SMT. SUNITA AND ORS. 14th September, 2017 ..... Appellants UNION OF INDIA Through: Mr. Shyam Singh Sisodia, Advocate. versus ..... Respondent Through: Ms. Prerna Mehta, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) 1. This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Railway Claims Tribunal (RCT) dated 2.8.2016 by which RCT has dismissed the claim petition by holding that there was no untoward incident of a fall from the train.2. The facts of the case are that the deceased Sh. Bharat Kumar, and who was the husband/father/son of the appellants/claimants, was stated to be working as a tailor at Shahdara FAO No.589/2016 Page 1 of 9 in Delhi. The deceased Sh. Bharat Kumar was a resident of village Shahpur Bamheta, District Ghaziabad, (UP). The deceased had a valid monthly season ticket and ...


Sep 14 2017

Rahul Verma & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Sep-14-2017

$~22 * + 1.2. 3. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2416/2017 RAHUL VERMA & ORS. ........ Petitioners Through Mr. Ranbir Sharma, Advocate along with petitioners in person. versus STATE & ANR ........ RESPONDENTS Through Mr. Rahul Mehra, Standing Counsel for the State with Mr. Jamal Akhtar, Advocate along with ASI Sunder Pal, PS Ambedkar Nagar, Delhi. Mr. Shanti Parkash Advocate for R-2 along with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER1409.2017 % Pursuant to the order dated 25.08.2017, the petitioners have filed amended memo of parties. Rohit Kumar and Anuj Kumar have joined themselves as petitioner No.4 and 5 respectively. The same is taken on record. Status report has not been filed. Learned Standing Counsel through IO submits that the charge sheet has so far not been filed. He submits that the parties have amicably settled their disputes. Learned Standing Counsel points out that the year of the FIR is wrongly mentioned in the petition as...


Sep 14 2017

United India Insurance Company Limited vs.rajender Kumar & Ors

Court: Delhi

Decided on: Sep-14-2017

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:14. h September, 2017 + MAC.APP. 339/2016 and CM APPL.14396/2016 (stay) UNITED INDIA INSURANCE COMPANY LIMITED Through: Mr. Pankaj Gupta, Advocate .....Appellant versus RAJENDER KUMAR & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate with Ms. Pankaj Kumari, Advocate for R-1 & R-2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The claim petition (MACT No.481/2009) instituted on 11.07.2009 by the first and second respondents (collectively, the claimants) relates to the death of their bachelor son Sagar in a motor vehicular accident that occurred on 13.04.2009, due to negligent driving of dumper bearing registration No.HR-37A-7248, admittedly insured against third party risk with the appellant insurance company (insurer). The tribunal after inquiry, by judgment dated 03.02.2016, awarded compensation in the sum of Rs.6,98,256/- directing the insurer to pay the same with interest @ nine per cent (9%) per annum...


Sep 14 2017

Sidharth Khetrapal vs.mohd.hanif & Ors.

Court: Delhi

Decided on: Sep-14-2017

$~3 to 6 (common order) * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 524/2008 Decided on:14. h September, 2017 SIDHARTH KHETRAPAL ..... Appellant Through: Mr. Sanjay Rathi, Advocate with Mr. Animesh Mishra & Mr. Ashish Khatri, Advocates versus MOHD.HANIF & ORS. ........ RESPONDENTS Through: Ms. Noopur Singhal, Advocate with Mr. Rishal Vij, Advocate for R-2. Mr. Ashish Kalra, Advocate for R-3. + MAC.APP. 525/2008 & CM APPL295162016 & CM APPL295172016 SHELLY KHETRAPAL & ORS. ..... Appellants Through: Mr. Sanjay Rathi, Advocate with Mr. Animesh Mishra & Mr. Ashish Khatri, Advocates versus MOHD.HANIF & ORS. ........ RESPONDENTS Through: Ms. Noopur Singhal, Advocate with Mr. Rishal Vij, Advocate for R-2. Mr. Ashish Kalra, Advocate for R-3. + MAC.APP. 526/2008 SHELLY KHETRAPAL ..... Appellant Through: Mr. Sanjay Rathi, Advocate with MAC Appeal No.524/2008 etc. Page 1 of 17 Mr. Animesh Mishra & Mr. Ashish Khatri, Advocates versus MOHD.HANIF & ORS. ........ RESPONDENTS Through: Ms. Noo...


Sep 14 2017

Maksud Ahmed vs.the State (Govt. Of Nct of Delhi)

Court: Delhi

Decided on: Sep-14-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on 11.08.2017 Judgment pronounced on:14. 09.2017 CRL.A. 207/2016 RAFIQUE Through Mr.Aditya Guar, Adv. with Mr.Chandan Kumar, Adv. ..... Appellant versus THE STATE (GOVT OF NCT DELHI) ..... Respondent Through Mr.Tarang Srivastava, APP for State with SI Alok Bajpai, P.S. Kashmere Gate. + CRL.A. 208/2016 NAZIM ..... Appellant Through Mr.Ritesh Bahri, Adv. with Mr.Vipin Bansal and Mr.Pradeep Prajapati, Advs. versus THE STATE (GOVT OF NCT DELHI) ..... Respondent Through Ms.Aashaa Tiwari, APP for State with SI Alok Bajpai, P.S. Kashmere Gate. Crl. Appeals 207/2016, 208/2016, 345/2016, 467/2016 &530/2016 Page 1 of 20 + CRL.A. 345/2016 RAHIS Through Mr.Gaurav Vashistha, Adv. with Mr.Jagdish Chandra, Adv. ..... Appellant versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through Mr.Tarang Srivastava, APP for State with SI Alok Bajpai, P.S. Kashmere Gate. + CRL.A. 467/2016 AZMAL @ ASLAM STATE ..... Appellant Through Mr.Aditya Guar...


Sep 14 2017

Central Bureau of Investigation vs.sudhir Mehta

Court: Delhi

Decided on: Sep-14-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.REV.P.791/2014 Reserved on:05. 09.2017 Delivered on:14. 09.2017 CENTRAL BUREAU OF INVESTIGATION ........ Petitioner versus SUDHIR MEHTA ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr.Narender Mann, Spl. Public Prosecutor with Mr. Manoj Pant : Mr.Dayan Krishnan, Senior Advocate with Mr. Amit Sharma, Ms. Ruchita Cheema, Mr. Dipesh Sinha and Mr. Ayiala Imti For the Respondent CORAM:-"HONBLE MR JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR, J JUDGMENT1 The petitioner/CBI has questioned the order dated 16.09.2014 passed by the Special Judge CBI (P.C. Act) Karkardooma Court: East District, Delhi in RC No.2(A)/05-ACU-VIII whereby the respondent/Sudhir Mehta, Executive Engineer (XEN), MCD was discharged on the ground of invalid sanction to prosecute him as the sanction to prosecute was accorded by a person who was not competent for the same.2. It has been submitted on behalf of the petitioner/CBI that RC No.2(A)/05-ACU...


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