Delhi Court September 2017 Judgments
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Satya Bhushan vs.ramesh Chand & Anr
Court: Delhi
Decided on: Sep-13-2017
$~34 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 1004/2017 SATYA BHUSHAN ........ Petitioner Through: Ms. Shalini Kapoor, Mr. Dikshant Khanna & Ms. Ruhini Dey, Advs. Versus ........ RESPONDENTS Through: None. RAMESH CHAND & ANR CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER1309.2017 CM No.33411/2017 (for exemption) 1.2. Allowed, subject to just exceptions. The application is disposed of. CM(M) 1004/2017 3. This petition under Article 227 of the Constitution of India impugns the orders [dated 9th August, 2017 and 21st August, 2017in Civil Suit No.75294/2016 of the Court of Additional District Judge-II (ADJ), North- West District, Rohini Courts, Delhi]. closing the right of the petitioner / defendant no.1 to cross-examine PW1 and dismissing the application of the petitioner / defendant no.1 for recall of the order closing the right of cross- examination.4. The counsel for the petitioner / defendant no.1 has argued that 9th August, 2017 was the first opportunity for the petit...
Satish Kumar & Ors vs.the State Nct of Delhi & Anr
Court: Delhi
Decided on: Sep-13-2017
$~15 * + 1.2. 3.4. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1029/2017 SATISH KUMAR & ORS ........ Petitioners Through: Mr. R.P.S. Bhatti, Advocate with petitioners in person. versus THE STATE NCT OF DELHI & ANR ..... Respondent Through: Mr. Rajesh Mahajan, ASC for the State with SI Ved Parkash, P.S SB Dairy, Delhi. Mr. Umesh Kumar Choubey, proxy for respondent No.2 with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER1309.2017 % Status report has been filed. Respondent No.2 appears in person and accepts notice. She is being represented by her counsel. She is duly identified by IO SI Ved Parkash. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 (in short Cr.P.C.) for quashing of the FIR bearing No.632/2014, registered against them on 04.06.2014 with Police Station Shahbad Dairy, Outer District, Delhi under Sections 498A/4IPC on the compl...
Parmod Sardana vs.state & Ors
Court: Delhi
Decided on: Sep-13-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h September, 2017 TEST.CAS. 79/2010 PARMOD SARDANA ........ Petitioner Represented by: Mr. V.K. Srivastava, Advocate with petitioner in person. versus STATE & ORS Represented by: Respondent Nos. 2 and 4 in ........ RESPONDENTS person. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. By the present petition, the petitioner seeks grant of probate of Will dated 8th September, 1988 in relation to the estate of Late Smt. Dropdi Devi Sardana in favour of the petitioner.2. Since no executor has been appointed in the Will dated 8th September, 1988 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 administration with the Will annexed may be granted to him/her of the whole estate....
New India Ass. Co. Ltd. Vs.naresh Mandal & Ors.
Court: Delhi
Decided on: Sep-13-2017
$~R-201 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h September, 2017 + MAC APPEAL No.282/2010 NEW INDIA ASS. CO. LTD. ..... Appellant Through: Mr. D.D. Singh, Mr. Navdeep Singh & Mr. Seerat Singh, Advs. Versus NARESH MANDAL & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) The first respondent, then aged 28 years, working as manual 1. labour, suffered injuries in motor vehicular accident that occurred on 15.06.2007 when the bicycle on which he was riding was hit at about 11 a.m. near Kesho Pur, Vikas Puri by bus bearing registration No.DL1B4731 admittedly insured against third party risk with appellant insurance company for the period in question. He instituted accident claim case (suit No.323/2009) on 01.09.2007 impleading the appellant (insurer) and the driver and owner respectively of the bus, the latter two being the second and third respondents in the appeal. The Tribunal held inquiry in the course of which it referred th...
Ram Gopal Tiwari vs.new Delhi Municipal Counicl
Court: Delhi
Decided on: Sep-13-2017
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6347/2017 % Judgment dated :13. h September, 2017 RAM GOPAL TIWARI Through: Mr. N.K. Sahoo, Advocate versus ........ Petitioner NEW DELHI MUNICIPAL COUNICL ..... Respondent Through: Mr. Mananjay Kumar Mishra & Mr. Chetan Sharma, Advocates CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J (ORAL) The petitioner has filed the present writ petition under Article 226 of the 1. Constitution of India. The petitioner seeks a direction to quash the order dated 15.6.2017 passed by Mr. N.L. Chawla, Joint Director (Enforcement), NDMC, by which the representation made by the petitioner stands rejected.2. Mr. N.K. Sahoo, learned counsel for the petitioner submits that the impugned order is bad in law and the respondent has failed to take into consideration that the sites are available at Khan Market, near Police Booth, Janpath and Palika Bazar (Gate No.4), but the petitioner is being singled out and is no...
Dushyanth Singh vs.union of India and Ors
Court: Delhi
Decided on: Sep-13-2017
11 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:13th September, 2017 W.P.(C) 42/2017 DUSHYANTH SINGH ........ Petitioner Through: Mr. P. Sureshan, Adv. versus UNION OF INDIA AND ORS ........ RESPONDENTS Through: Mr.Kirtiman Singh, Mr.Waize Ali Noor, Mr.Prateek Dhanda and Mr.Vikramaditya Singh, Advs. W.P.(C) 58/2017 KASHTRIYA HARIOM SINGH AND ORS Through: Mr. P. Sureshan, Adv. ........ Petitioners versus UNION OF INDIA AND ORS ........ RESPONDENTS Through: Mr.Kirtiman Singh, Mr.Waize Ali Noor, Mr.Prateek Dhanda and Mr.Vikramaditya Singh, Advs CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.(Oral) With the consent of the learned Counsel for the parties these writ petitions are taken up for hearing and final disposal and as identical issue WP(C) 42/2017 & WP(C) 58/2017 Page 1 arise for consideration as they are being disposed of by the common judgment.2. As issue in question is covered by judgments of this Court, we are not ref...
Piyush Devbrat vs.m/s Ergo Creative Solution Pvt. Ltd. & Ors.
Court: Delhi
Decided on: Sep-13-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % PIYUSH DEVBRAT FAO No.429/2015 13th September, 2017 ..... Appellant Through: Mr. Sanjeev Anand, Advocate with Mr. Dibya Nishant, Advocate and Mr. Pallav Kumar, Advocate. M/s ERGO CREATIVE SOLUTION PVT. LTD. & ORS. versus ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal is filed under Order XLIII Rule 1(a) of Code of Civil Procedure, 1908 (CPC) impugning the order of the trial court dated 4.9.2015 by which trial court has returned the plaint under Order VII Rule 10 CPC for being filed in the court of correct territorial jurisdiction. The plaint has been returned at the initial stage of filing of the suit when summons were not yet issued to the defendants. The subject suit was filed by the appellant/plaintiff for recovery of a sum of Rs.8,92,650/-, essentially being the arrears of FAO No.429/2015 Page 1 of 5 salary payable by the respondents/d...
Vijay Power Generators Ltd. Vs.new Delhi Municipal Council & Anr.
Court: Delhi
Decided on: Sep-13-2017
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:13. 09.2017 ARB.P. 523/2017 VIJAY POWER GENERATORS LTD ........ Petitioner NEW DELHI MUNICIPAL COUNCIL & ANR. versus ........ RESPONDENTS Advocates who appeared in this case: : Mr. M.S.Rahman, Adv. For the... Petitioner For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : Mr. Anil Grover, Standing Counsel with Ms. Kanika Singh, Mr. Jitendra Kr. Tripathi, Mr. Rishi Vohra and Mr. Mishal Vij, Advs. SANJEEV SACHDEVA, J.(ORAL) JUDGMENT1 By this petition under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act), the petitioner seeks appointment of Sole Independent Arbitrator to adjudicate the disputes between the parties.2. The petitioner was awarded the work relating to replacement of 200 KV A DG Sets at Palika Kendra Building. ARB. PET. 523/2017 Page 1 of 5 3. As per the petitioner, the petitioner duly completed the work, however, the payment was not released leadi...
Joginder Kumar Shukhija vs.union of India and Ors
Court: Delhi
Decided on: Sep-13-2017
$~4 *IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C)No.7871/2016 and CM No.32590/2016 Date of decision :13. h September, 2017 JOGINDER KUMAR SHUKHIJA UNION OF INDIA AND ORS Through :... Petitioner in person. versus ........ Petitioner ...... RESPONDENTS Through : Mr. Anil Soni, CGSC with Mr. Nivesh Sharma, Adv. for UOI. Mr. Satyakam, ASC with Mr. Akshay Agarwal, Adv. for R-2, 7 & 8. Ms. Shipra Garg, Adv. for Mr. Gaurang Kanth, Adv. for R- 3/NDMC. Ms. Mansi Gupta, Adv. for SDMC/R-4. Mr. Roshan Lal Goel and Ms. Anju Gupta, Advs. for R- 5/EDMC. S.I. Ram Tirath, Pairvi Officer, Traffic. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This writ petition has been filed by the writ petitioner under Article 226 of the Constitution of India seeking directions to the respondents to promptly respond to the complaints of urban flooding W.P.(C)No.7871/2016 Page 1 of 2 in Delhi during the monsoon season. The writ petit...
New India Assurance Co. Ltd. Vs.shish Ram & Ors.
Court: Delhi
Decided on: Sep-13-2017
$~R-202 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h September, 2017 + MAC APPEAL No.294/2010 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. D.D. Singh, Mr. Navdeep Singh & Surat Deep Singh, Advs. versus SHISH RAM & ORS. ........ RESPONDENTS Through: Mr. Roshan Lal & Ms. Anju Gupta, Advs. for R-1 & 2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent was the driver of the offending vehicle described as half body truck bearing registration No.HR38 0181, on account of negligence of which the motor vehicular accident that occurred on 20.12.2005, resulting in death of Suresh Kumar Solanki, had given rise to the cause of action in favour of third to fifth respondents (the claimants) to seek compensation they having instituted accident claim case (827/2008) on 08.02.2006. The said vehicle was admittedly registered in the name of the second respondent and insured against third party risk with appellant insurance company. It appears, during t...
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