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Delhi Court September 2017 Judgments

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Sep 12 2017

Vinay Kumar Mandal vs.indian Overseas Bank & Ors.

Court: Delhi

Decided on: Sep-12-2017

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5261/2017 & C.M. No.22324/2017 VINAY KUMAR MANDAL ........ Petitioner Through: Ms. Nishi Choudhary, Advocate. versus INDIAN OVERSEAS BANK & ORS. Through: Mr. Gautam Singhal, Advocate. ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % ORDER1209.2017 1. Learned counsel for the petitioner seeks leave to withdraw the present petition as she submits that the learned DRAT has allowed the appeal preferred by the petitioner and remanded the matter back to the DRT for fresh adjudication. Learned counsel for the respondent confirms the aforesaid position.2. Accordingly, the interim order dated 12.6.2017 is vacated. The petition is dismissed as not pressed along with the pending application. HIMA KOHLI, J DEEPA SHARMA, J SEPTEMBER12 2017/ap...


Sep 12 2017

Rajesh & Ors. Vs.rajkumar & Anr.

Court: Delhi

Decided on: Sep-12-2017

$~R-187A & 188 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:12. h September, 2017 + MAC APPEAL NO.152/2010 RAJESH & ORS. ..... Appellants Through: Mr. O.P. Mannie, Advocate versus RAJKUMAR & ANR. ........ RESPONDENTS Through: Ms. Harsh Lata for Ms. Shantha + MAC APPEAL NO.158/2010 Devi Raman, Adv. for R-2 SUNITA & ORS. ..... Appellants Through: Mr. O.P. Mannie, Advocate versus RAJKUMAR & ANR. ........ RESPONDENTS Through: Ms. Harsh Lata for Ms. Shantha Devi Raman, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The claimants in two connected claim cases (suit nos.199/2009 and 198/2009) are constrained to be in appeal for the second time before this court, their claim cases invoking Section 163-A of the Motor Vehicles Act, 1988 having been dismissed, once again, by the Motor Accident Claims Tribunal (Tribunal), this time by a common MAC A No.152/2010 & 158/2010 Page 1 of 4 judgment dated 21.11.2009, dismissal of the said cases by earlier judgment dated 22.08...


Sep 12 2017

M/S Hanung Toys & Textiles Ltd. & Ors. Vs.icici Bank Ltd.

Court: Delhi

Decided on: Sep-12-2017

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4608/2017 % 1. M/S HANUNG TOYS & TEXTILES LTD. & ORS. ....Petitioners Through: Ms. Pratiti Rungta, Advocate versus ICICI BANK LTD. ..... Respondent Through: Mr. Ateev Mathur, Mr. Amol Sharma, Ms. Jagriti Ahuja,Mr. APS Sehgal, Advocates CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA ORDER1209.2017 The petitioners are aggrieved by the order dated 09.05.2017, passed by the learned DRAT in Misc. Appeal No.216/2017 filed by them against the order dated 12.04.2017 passed by DRT-I, Delhi whereunder their application for seeking recall of an earlier order dated 02.02.2017 by which their right to file the written statement was closed, was allowed and permission was granted to them to file the written statement subject to their depositing a sum of Rs.10 Lakhs each, within ten days, which amount was directed to be adjusted towards the outstanding dues of the petitioners.2. Learned counsel for the petitioners states t...


Sep 12 2017

Mohinder Pal Singh vs.upender Paswan & Ors

Court: Delhi

Decided on: Sep-12-2017

$~15 * % IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:12. 09.2017 LPA1662017, CM APPL.9557/2017 MOHINDER PAL SINGH ..... Appellant Through: Mr. Narottam Vyas, Advocate. versus UPENDER PASWAN & ORS ........ RESPONDENTS Through: Mr. Hari Kishan with Mr. Harshbir Singh Kohli, Advocate for Resp-1. Mr. Saurabh Chadda, Advocate for Resp- 2&3. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR S.RAVINDRA BHAT, J.(ORAL) 1. The appellant is aggrieved by an order of the Single Judge rejecting its writ petition. The order of the Commissioner, Employees Compensation made under the Employees State Insurance Act, 1948 which directed the appellant to pay `10,07,616/- to its workman who had suffered an employment injury, was challenged.2. The facts are that the respondent (hereafter referred to as workman) was employed with the appellant. In an injury that occurred on 15.02.2013, the workman lost his right hand which was cut from the rest by the machine in his employment ...


Sep 12 2017

M/S Prabhat Zarda Factory (Co.) vs.assistant Provident Fund Commission ...

Court: Delhi

Decided on: Sep-12-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. h August, 2017 Pronounced on:12. h September, 2017 + W.P.(C) 5362/2017 M/S PRABHAT ZARDA FACTORY (CO.) ........ Petitioner Through : Ms.Rashmi Chopra, Mr.D. K. Chaubey, Mr.Pankaj Singh and Ms.Aisya, Advocates. versus ASSISTANT PROVIDENT FUND COMMISSIONER ..... Respondent Through : Mr.Keshav Mohan and Mr.Piyush Choudhary, Advocates. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.Rev.Pet.262/2017 1. This Review Petition is filed by petitioner against an order dated 23.06.2017 passed by this Court during vacations, which read as under:-"This writ petition is qua issuance of a direction against the respondent restraining it from taking any coercive measures against the petitioner especially in terms of assessment order dated 13.01.2017 passed under Section 14B and 7Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (the Act) till the petitioner is heard and till the time the Rev. Pet. No.262/201...


Sep 12 2017

Pradeep Kumar vs.state & Anr

Court: Delhi

Decided on: Sep-12-2017

$~18 * + % 1.2. 3. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P (CRL). 2123/2017 PRADEEP KUMAR ........ Petitioner Through: Mr. Manoj Pant, Advocate, along with petitioner in person. Versus STATE & ANR ........ RESPONDENTS Srilina Roy, Advocate Through: Ms. for Ms.Nandita Rao, for the State with W/SI Rinki P.S. Anand Vihar, Delhi. Mr.Vikas Walia, Advocate for R-2 along with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER1209.2017 Status report has been filed. Respondent No.2 appears in person. She is represented by her counsel. She is duly identified by the IO W/SI Rinki. The petitioner has 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.282/2017, registered against him on 13.06.2017 with Police Station Anand Vihar, Shahdara District, Delhi, under W.P. (Crl.) No.2123/2017 Page 1 of 4 4.5. 6.7. 8. dated 21.06.2...


Sep 12 2017

Iffco Tokio General Insurance Co Ltd vs.rakesh Kohli & Ors

Court: Delhi

Decided on: Sep-12-2017

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 750/2016 Decided on:12. h September, 2017 IFFCO TOKIO GENERAL INSURANCE CO LTD Through: Ms. Harsh Lata, Advocate for ..... Appellant Ms. Shantha Devi Raman, Advocate versus RAKESH KOHLI & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent (claimant) was riding on motorcycle bearing registration No.DL-10SA-9036 with his brother Govind from Bawana to Rohini on 13.05.2011 when, in the area of police picket close to Khera Khurd Canal, it was involved in a collision with car make Hyundai bearing registration No.DL-8CN-6016 (the car), coming from the opposite direction. As a result of the collision he fell down and suffered injuries. Accident claim case (Suit No.260/2011) was instituted by him to seek compensation under Section 166 of the Motor Vehicles Act, 1988 on 21.09.2011, in which driver, owner and insurer of the car respectively were implead...


Sep 12 2017

Gaurav Sharma vs.ram Adhar Parshad Yadav & Ors.

Court: Delhi

Decided on: Sep-12-2017

$~R-184 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:12. h September, 2017 + MAC APPEAL No.123/2010 GAURAV SHARMA ..... Appellant Through: Mr. S.C. Singhal, Adv. versus RAM ADHAR PARSHAD YADAV & ORS. ..... Respondent Through: Mr. D.K. Sharma, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was riding motorcycle bearing registration No.DL2M0816on 29.05.2005 and as he was taking a turn towards Samalka Chowk, Near NSG Camp from Delhi-Gurgaon Road, a Canter bearing registration No.DL1 2634 came from behind and hit him making him fall which led to his suffering injuries including in the head region. He instituted accident claim case (MAC claim petition No.251/2008) on 11.08.2005 impleading the driver, owner and insurer of the Canter as party respondents, they now being first, second and third respondents respectively in the appeal. On the basis of inquiry held, the tribunal, by judgment dated 03.12.2009, accepted the claim for compensation holding...


Sep 12 2017

Dr. Rahul Kakran vs.medical Council of India and Ors.

Court: Delhi

Decided on: Sep-12-2017

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8099/2017 DR. RAHUL KAKRAN ........ Petitioner Through: Mr Mukund C., Mr Kapil Kher and Ms Harsha, Advocates. versus MEDICAL COUNCIL OF INDIA AND ORS. ........ RESPONDENTS Through: Mr T. Singhdev and Mr Tarun Verma, Advocates for R-1/MCI. Mr Praveen Khattar, Advocate for R- 2/DMC with Mr L.D.S. Uppal, Asstt. Secretary, DMC. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1209.2017 VIBHU BAKHRU, J CM APPL. 33343/2017 1.2. Exemption is allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 8099/2017 and CM APPL. 33342/2017 3. The petitioner - at the material time was practising as a doctor attached with Fortis Hospital - has filed the present petition, inter alia, impugning the order dated 30.01.2017, passed by the Delhi Medical Council W.P.(C) 8099/2017 Page 1 of 8 (hereafter 'DMC'), imposing a punitive measure of removing the petitioner's name from the State Medical Register for a period of six months...


Sep 12 2017

Kaushal Kishore Sharma vs.new Delhi Municipal Council

Court: Delhi

Decided on: Sep-12-2017

$~12, 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:12. h September, 2017 + W.P. (C.) 1217/2017 RAKESH BABU GUPTA ........ Petitioner Through Mr.Satish Kumar Tripathi and Mr. Amit Kumar Dubey, Advocates versus NEW DELHI MUNICIPAL COUNCIL ..... Respondent Through Mr. Sri Harsha Peechara, Standing + W.P.(C) 1449/2017 Counsel with Mr. Mananjay Mishra and Ms. Vidhi Jain, Advocates KAUSHAL KISHORE SHARMA ........ Petitioner Through Mr.Satish Kumar Tripathi and Mr. Amit Kumar Dubey, Advocates NEW DELHI MUNICIPAL COUNCIL versus ..... Respondent Through Mr. Sri Harsha Peechara, Standing Counsel with Mr. Mananjay Mishra and Ms. Vidhi Jain, Advocates CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J.(ORAL) 1. Two petitioners claim to be vending at Janpath Lane, Bank of Baroda, near LIC, New Delhi; and Janpath Lane, Bank of Baroda, near Mini Market, New Delhi respectively. The petitioners have filed the present petitions under Article 226 ...


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