Delhi Court September 2017 Judgments
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Ct/Cd Rambabu Chandrawanshi vs.union of India and Ors.
Court: Delhi
Decided on: Sep-07-2017
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4765/2015 Date of decision:7. h September, 2017. CT/CD RAMBABU CHANDRAWANSHI ........ Petitioner Through: Mr. N.L. Bareja, Advocate versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Ms. Monika Arora, CGSC and Mr. Harsh Ahuja, Advocate CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA Sanjiv Khanna J: (ORAL) Constable Rambabu Chandrawanshi had applied for selection and appointment as Head Constable/General Duty through Limited Departmental Competitive Examination, 2013.2. Having qualified the written test, physical efficiency test, and physical standard test, he had appeared for medical examination before the Recruiting Medical Officer on 16th February, 2014 at Bilaspur on 27th February, 2014. He was declared unfit for Left Sided Inguinal Hernia, 11 degree Haemorrhoid at 3O clock position and CH Skin disease. W.P. (C) No.4765/2015 Page 1 of 5 3. Thereafter, the petitioner had obtained a medical c...
New India Assurance Company Ltd vs.rakesh Kumar & Ors
Court: Delhi
Decided on: Sep-07-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * % 15 + MAC.APP. 628/2015 and C.M. Appl. 14136/2015 NEW INDIA ASSURANCE COMPANY LTD Date of Decision:7th September, 2017 Through: Mr. Vijay Singh and Mr. Abhishek Kumar, Advocates ..... Appellant versus RAKESH KUMAR & ORS Through: Mr. S.N. Parashar, Advocate ........ RESPONDENTS 16 + MAC.APP. 7/2017 RAKESH KUMAR RAM SUMIRAN & ORS ..... Appellant Through: Mr. S.N. Parashar, Advocate versus ........ RESPONDENTS Through: Mr. Vijay Singh and Mr. Abhishek Kumar, Advocates for New Indian Assurance Co. Ltd.1. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The Claims Tribunal has awarded compensation of Rs.14,52,044/- to the injured, Rakesh Kumar, which is under challenge in these appeals. The insurance company is seeking reduction of the award amount whereas the MAC.APP. 628/2015, 7/2017 Page 1 of 5 claimant/injured is seeking enhancement of the award amount.2. On 27th October, 2009, Rakesh Kumar was driving car bearing No.CH-04E-0362 while g...
General Manager, Rsrtc & Anr. Vs.bablu Kumar Mahto
Court: Delhi
Decided on: Sep-07-2017
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:7. h September, 2017 + MAC APPEAL No.137/2015 & CM No.2351/2015 GENERAL MANAGER, RSRTC & ANR. ..... Appellants Through: Dr. Ritu Bhardwaj, Adv. versus BABLU KUMAR MAHTO ..... Respondent Through: Mr. Rajiv Ranjan Dwivedi, Mr. Kabir Hazarika & Mr. Anish Kr. Mishra, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 JUDGMENT (ORAL) On 22.09.2010, the first respondent was moving in car bearing registration No.DL-1-Temp-AB-8719 (the car), when it came to be involved in a collision with bus bearing registration No.RJ-23-PA- 3315 (the bus) of the appellant, at about 4.25 p.m. at the area of Rajokri Flyover, National Highway-8, New Delhi, resulting in he sustaining injuries. On accident claim case (petition No.275/2013) instituted by the first respondent (claimant) on 01.08.2011, the tribunal, after inquiry, by judgment dated 30.10.2014, upheld the case that the accident had occurred due to negligent driving of the bus by the second appellant, ...
Atul Maithel vs.state Bank of India & Anr
Court: Delhi
Decided on: Sep-07-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7th September, 2017 CM(M) 934/2017 & CM No.31221/2017 (for directions) ATUL MAITHEL ........ Petitioner Through: Mr. Sarvesh Bisaria and Mr. Prakash Chandra Sharma, Advs. Versus STATE BANK OF INDIA & ANR ........ RESPONDENTS Through: Mr. Anil Kumar Sangal and Mr. Siddharth Sangal, Advs. for R-1. Mr. Lovleen Goyal, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This petition under Article 227 of the Constitution of India impugns the order [dated 14th February, 2017 in Succession Case No.6024/2016 of the Court of Administrative Civil Judge (South), Saket Courts, New Delhi]. directing issuance of Succession Certificate to the petitioner on filing of court fees and an Indemnity Bond for the value of the debts and securities detailed in Schedule-A to the petition filed for obtaining Succession Certificate under Section 372 of the Indian Succession Act, 1925.2. 3. The counsel for the petitioner has been heard. The c...
The Oriental Ins. Co. Ltd. Vs.rina Devi & Ors.
Court: Delhi
Decided on: Sep-07-2017
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:7. h September, 2017 + MAC APPEAL No.922/2014 THE ORIENTAL INS. CO. LTD. .... Appellant , Adv. Through: versus RINA DEVI & ORS. ........ RESPONDENTS Through: Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The motor vehicular accident that occurred on 19.03.2008 in the area of police station Najafgarh, Delhi, involved negligent driving of truck bearing registration No.HR-63A-2688 by the third respondent, it being registered in the name of fourth respondent at whose instance the appellant insurance company had issued insurance policy covering third party risk for the period in question, the accident resulting in death of Subhash, husband of the first respondent and son of the second respondent (collectively, the claimants). Accident claim case (MACT No.771A/2008) was instituted by the claimants on 08.05.2008, impleading the appellant, third and fourth respondents as parties. After inquiry, the tribunal by judgment dat...
The New India Assurance Co. Ltd. Vs.lakshmi Devi & Ors.
Court: Delhi
Decided on: Sep-07-2017
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:7. h September, 2017 + MAC APPEAL No.660/2015 THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Ms. Awantika Manohar, Adv. versus LAKSHMI DEVI & ORS. ........ RESPONDENTS Through: Mr. Arun Srivastava, Adv. for R-1 to 3. Mr. P.K. Srivastava, Adv. for R-8. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Jitender Singh @ Jitender Kumar, 22 and half years old, died as a result of injuries suffered in motor vehicular accident that occurred on 03.01.2012 at about 9:30 PM due to negligent driving of Maruti van bearing registration No.DL7B1709 admittedly insured against third party risk with the appellant insurance company. His wife and other members of the family dependent upon him, they being first to third respondents (collectively, the claimants), instituted accident claim case (case No.89/2012) on 30.01.2012 seeking compensation. In the claim proceedings besides Vineet @ Mantu, the driver of the offending vehicle, tw...
Pushpa Rathi & Anr vs.jugnu Bansal
Court: Delhi
Decided on: Sep-07-2017
* % + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h September, 2017 CM(M) 765/2011 & CMs No.12354/2011 (for stay) & 9743/2013 (of respondent u/S151CPC) PUSHPA RATHI & ANR Through: Mr. M.L. Bhargava, Adv. ........ Petitioners JUGNU BANSAL Versus ..... Respondent Through: Mr. Kuber Boddh and Ms. Ashima Mandla, Advs. AND CM(M) 1098/2011, CM No.16986/2017 (u/O XXII R-4 CPC) & CM No.16987/2017 (for condonation of 15 days delay in filing CM No.16986/2017) GOVERDHAN DASS BANSAL & ANR ........ Petitioners Through: Mr. Kuber Boddh & Ms. Ashima Mandal, Advs. DINESH KUMAR RATHI & ANR Versus ........ RESPONDENTS Through: Mr. M.L. Bhargava, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM (M) No.765/2011 1. This petition under Article 227 of the Constitution of India impugns the judgment [dated 5th March, 2011 in RCA No.35/2008 of the Court of Additional District Judge (ADJ)-03, (North-East), Karkardooma Courts, Delhi]. allowing the appeal preferred by the respondent/plaintif...
Santosh & Anr vs.krishan Kant Sharma
Court: Delhi
Decided on: Sep-06-2017
* % + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:6. h September, 2017. CM(M) 971/2017 & CM No.32438/2017 (for stay) DEEPAK MITTAL& ANR Through: Ms. Neha Garg, Adv. ........ Petitioners GEETA SHARMA & ORS Through: None. Versus ........ RESPONDENTS CM(M) 975/2017 & CM No.32454/2017 (for stay) AND SANTOSH & ANR ........ Petitioners Through: Ms. Neha Garg, Adv. Versus Through: None. KRISHAN KANT SHARMA CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ..... Respondent CM No.32544/2017 in CM(M) 971/2017 & CM No.32455/2017 in CM(M) 975/2017 (both for exemptions) 1.2. Allowed, subject to just exceptions. The applications are disposed of. CM(M) 971/2017 & CM(M) 975/2017 3. These petitions, both under Article 227 of the Constitution of India, impugn identical orders [both dated 16th August, 2017 in Arbitration No.23/2017 & Arbitration No.24/2017 of the Court of Additional District CM(M) Nos.971/2017 & 975/2017 Page 1 of 6 Judge-07 (ADJ) (Central), Tis Hazari Courts, Delhi]. though i...
Atc Telecom Infrstructure Pvt. Ltd vs.quadrant Televentures Ltd. & Anr
Court: Delhi
Decided on: Sep-06-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:06. 09.2017 ARB.P. 563/2017 $~OS-30 * % + ATC TELECOM INFRSTRUCTURE PVT. LTD......... Petitioner Through Mr.Amar Gupta, Mr. Divyam Agarwal and Ms. Ritika Gambhir Kohli, Advs. versus QUADRANT TELEVENTURES LTD. & ANR......... RESPONDENTS Through Mr. Yashvardhan and Mr.Devender Singh, Advs. for R-1 & 2. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) IA No.10214 /2017 (exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of. ARB.P. 563/2017 1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of a sole arbitrator to adjudicate the disputes between the parties.2. The case of petitioner is that the petitioner is a Telecom Infrastructure Service Provider. Respondent No.1 is a telecom operator and is said to be one of the customers of the petitioner. The parties have entered into an Infrastr...
New India Assurance Company Limited vs.dharmender Yadav & Ors.
Court: Delhi
Decided on: Sep-06-2017
$~R-165 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:6. h September, 2017 + MAC.APP. 68/2010 and CM APPL.2213/2010 (Order 41 Rule 27 CPC), CM APPL.2214/2010 (delay) NEW INDIA ASSURANCE COMPANY LIMITED..Appellant Through: Mr. Kanwal Chaudhary, Advocate versus DHARMENDER YADAV & ORS. ........ RESPONDENTS Through: Nemo. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the claim petition of the first respondent (MACT Claim Petition No.433/2008), instituted on 16.02.2005, the Tribunal after inquiry, by judgment dated 08.09.2009, awarded compensation in the sum of Rs.72,300/- and directed the insurance company to pay the same, it being compensation on account of injuries suffered in a motor vehicular accident that occurred on 18.01.2005 involving negligent driving of tempo/dumper bearing registration No.HR-55B-1466, admittedly insured against third party risk with the appellant insurance company (insurer). Concededly, during the inquiry before the Tribunal, the insurance co...
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