Delhi Court September 2017 Judgments
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United India Ins. Co. Ltd. Vs.kavita Sharma & Ors.
Court: Delhi
Decided on: Sep-11-2017
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 325/2016 Decided on:11. h September, 2017 & CM No.31952/2017 (cross- objections) UNITED INDIA INS. CO. LTD. .... Appellant Through: Mr. Animesh Sinha, Adv. versus KAVITA SHARMA & ORS. ........ RESPONDENTS Through: Mr. Manish Maini, Adv. for R- CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1to 3.1. JUDGMENT (ORAL) Dinesh Kumar, then aged 39 years, employed as security guard with a private security agency Sky Securities, suffered injuries in motor vehicular accident that occurred on 26.02.2014 at about 06:10 AM, due to negligent driving of bus bearing registration No.DL1C7199 admittedly insured against third party risk with the appellant insurance company for the period in question and died in the consequence. Accident claim case (MACP1072014) instituted on 05.04.2014 by his wife and two children, they being first to third respondents (the claimants), was decided by the tribunal after inquiry, by judgment dated 14.01.2016, awarding compensat...
Nand Ram @ Nand Lal vs.state
Court: Delhi
Decided on: Sep-11-2017
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:11. h September, 2017 + CRL.A. 1641/2014 & CRL.M.(Bail) No.1514/2017 JHUNDE LAL Through: Ms. Rakhi Dubey, Advocate. ..... Appellant Versus STATE (NCT OF DELHI) ..... Respondent Through: Mr. Rajat Katyal, APP alongwith Insp. Pawan Sharma, PS Nihal Vihar. + CRL.A. 1106/2014 NAND RAM @ NAND LAL ..... Appellant Through: Mr. Mahipal Singh, Advocate. STATE Versus ..... Respondent Through: Mr. Rajat Katyal, APP alongwith Insp. Pawan Sharma, PS Nihal Vihar. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR CRL. A. No.1641/2014 & CRL. A. No.1106/2014 Page 1 of 33 G.S.SISTANI, J.(ORAL) 1. At the outset, we may note that when the application seeking regular bail of the appellant Jhunde Lal was taken up for hearing, both the counsels agreed that the appeal itself may be disposed of. With the consent of the parties, we have called for the appeal filed by the appellant Nand Ram @ Nand Lal pending before the Sing...
Kapil Kumar and Ors. Vs.mishro Devi & Ors.
Court: Delhi
Decided on: Sep-08-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.194/2015 + % KAPIL KUMAR AND ORS. MISHRO DEVI & ORS. Through: Dr. Reserved on:5. h September, 2017 Pronounced on:8. h September, 2017 ..... Appellants Through: Mr. Surender Chauhan, versus Advocate ........ RESPONDENTS J.C. Vashista, (Major) Advocate with Ms. Yashika Sood, Advocate for R-1 & R-2 Mr. G.S. Parasher, Adv. for R-3 & 4. Mrs. Alpana malik Mr.Prashant Advocates for R-5. Mr. Manoj Lohat, Advocate for R-6. and Bhardwaj, CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J1 This first appeal is filed under Order XLIII (1)(r) of the Code of Civil Procedure, 1908 (CPC) by the plaintiffs in the suit impugning the order of the trial court dated 23.02.2015 by which the trial court has dismissed the injunction application filed by the FAO No.194/2015 Page 1 of 12 appellants/plaintiffs under Order XXXIX Rules 1 and 2 CPC. Disputes pertain to the property bearing No.8706, Model Basti, Sidipu...
Surjeet Singh vs.bal Kishan Goel
Court: Delhi
Decided on: Sep-08-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SURJEET SINGH RFA No.769/2017 & CM No.32623/2017 8th September, 2017 ..... Appellant Mr. Abhay Kumar, Adv. Through: versus BAL KISHAN GOEL 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 under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the impugned order dated 27.5.2017 of the trial court whereby the trial court has dismissed the application under Order XXXVII Rule 4 CPC filed by the appellant/defendant and refused to set aside the judgment and decree dated 22.12.2015 under Order XXXVII CPC for a sum of Rs.9 lacs based on the dishonored cheque. Suit was decreed as appearance was not entered by the appellant/defendant. RFA No.769/2017 Page 1 of 4 2. Appellant/defendant does not dispute that he was served in the suit but his case pleaded was that he had gone on account of death of his relative to his native village...
M/S Aggarwal Tobacco Manufacturing Co. Vs.mr. Santosh Chaurasia
Court: Delhi
Decided on: Sep-08-2017
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:8. h September, 2017 + CS(COMM) 126/2017 M/S AGGARWAL TOBACCO MANUFACTURING CO. Through : Mr.Rajesh Jain, Advocate with Mr.Vishal Patel, Advocate. .... Plaintiff VERSUS Through : Mr.Ashok Anand, Advocate. MR. SANTOSH CHAURASIA CORAM: HON'BLE MR. JUSTICE S.P.GARG ..... Defendant S.P.GARG, J.(Oral) IA21662017 (u/O XXXIX R12 CPC) 1. In a suit filed for permanent injunction restraining infringement of trade mark, passing off goods, rendition of accounts, damages etc. the plaintiff seeks interim stay till the disposal of the suit to restrain the defendant from infringement of trade mark RALLY / AFGHAN RALLY and passing off his goods using trade mark RAILY as that of the plaintiff. The application is contested by the defendant.2. Plaintiffs claim is that he is running proprietorship firm under the name and style of M/s. Aggarwal Tobacco Manufacturing CS(COMM)126/2017 Page 1 of 7 Company and is engaged in the business of manufacturing,...
Sukhpali & Anr. Vs.delhi Transport Corporation & Ors.
Court: Delhi
Decided on: Sep-08-2017
$~R-177 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:8. h September, 2017 + MAC.APP. 96/2010 SUKHPALI & ANR. ..... Appellants Through: Mr. Nitinjaya Chaudhary, Advocate versus DELHI TRANSPORT CORPORATION & ORS. ........ RESPONDENTS Through: Mr. Sarfaraz Khan, Advocate for R-1. Ms. Harsh Lata, Advocate for Ms. Shantha Devi Raman, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 21.09.2005, a motor vehicular accident took place due to negligent driving of motor vehicle bearing registration No.DL-1PB- 1113 (DTC bus), admittedly insured against third party risk with the second respondent for the period in question. It resulted in injuries being suffered by one Mohinder Singh and Narender Singh, the latter dying in the consequence. Two accident claim cases, including one (Suit No.417/2006) by the appellants herein, came to be instituted, the other being for and on behalf of Mohinder Singh (the injured person), both seeking compensation. The tribunal clubb...
Gsv Products & Anr vs.united India Insurance Co Ltd & Ors
Court: Delhi
Decided on: Sep-08-2017
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:08. h September, 2017 + MAC.APP. 808/2017 and CM Nos.32782-32785/2017 GSV PRODUCTS & ANR ..... Appellants Through: Mr. Akhilesh Arora and Mr. R.N. Tiwary, Advocates Versus UNITED INDIA INSURANCE CO LTD & ORS Through: Mr. Pankaj Seth, Adv. for R-1 ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. A motor vehicular accident that occurred on 02.12.2015 which became subject matter of the accident claim case (old case no.51/2016, new MACT case no.477305/16) resulting in judgment dated 15.04.2017 of the Motor Accident Claims Tribunal (Tribunal), which is impugned by the appeal at hand involved negligent driving of oil tanker bearing registration no.HR-63-5427 proved at the inquiry to have been driven by the second appellant, it being a vehicle registered in the name of the first appellant, both of whom were parties before the tribunal during the inquiry, in addition to the first respondent / insurance company...
Veer Bhan & Anr vs.ramphal & Ors.
Court: Delhi
Decided on: Sep-08-2017
* + % IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.774/2017 8th September, 2017 ..... Appellants Through: Mr. Shanul Kadian, Advocate VEER BHAN & ANR. RAMPHAL & ORS. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA versus ........ RESPONDENTS To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. 32798/2017 (Exemption) 1. Exemption allowed, subject to all just exceptions. Application stands disposed of. RFA No.774/2017 2. This first appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) by the appellants/plaintiffs in the suit impugning the judgment of the trial court dated 30.05.2017 whereby trial court has rejected the plaint under Order VII Rule 11 CPC as being time barred. Appellants are legal heirs of the original plaintiff, RFA No.774/2017 Page 1 of 6 and referenace in this judgment to the plaintiffs will include reference to the original plaintiff.3. The subject suit was filed by the appellants/plaintiffs seeking declaration of ownership of ...
Garg Agencies vs.m/s Nisha Card Products
Court: Delhi
Decided on: Sep-08-2017
$~6 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 709/2017 STATE GOVT OF NCT OF DELHI Through: Ms.Aashaa Tiwari, APP for State. ..... Appellant versus ARBIND KUMAR Through: None. ..... Respondent CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER0609.2017 List on 23.11.2017. VINOD GOEL, J.SEPTEMBER06 2017 shailendra...
Chander Prakash Naweja @ Sachin & Ors vs.govt of Nct of Delhi & Anr
Court: Delhi
Decided on: Sep-08-2017
$~54 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2601/2017 CHANDER PRAKASH NAWEJA @ SACHIN & ORS...... Petitioners Through: Mr.Aditya Soni, Advocate along with petitioner no.1 in person. versus GOVT OF NCT OF DELHI & ANR ........ RESPONDENTS Through: Mr.Rajesh Mahajan, ASC for State with Mr.Sachin Gupta, Advocate along with ASI Shri Ram, PS Hari Nagar, Delhi. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER0809.2017 Crl.M.A. 14894/2017 (exemption) % Exemption allowed subject to all just exceptions. Application is disposed of. W.P.(CRL) 2601/2017 1.2. 3. Notice. Learned ASC, who appears on an advance copy having been served, accepts notice. Notice to respondent No.2 also. She appears in person and accepts the notice. She is duly identified by IO ASI Shri Ram. 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 quas...
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