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Delhi Court September 2017 Judgments

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Sep 04 2017

National Insurance Co Ltd vs.satender Mishra & Ors

Court: Delhi

Decided on: Sep-04-2017

$~10, 11, 14 & 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:04. h September, 2017 + MAC.APP. 740/2016 and CM328562016 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Amit Gaur for Mr. Pradeep Gaur, Advocate versus RAHUL SHARMA & ORS ........ RESPONDENTS Through: Mr. Ashok Mahajan and Mr. Deepak Thukral, Adv. for R-1 & 2 Mr. Gaurav Singh, Mr. Pankaj Chauhan, Mr. D.K. Singh, Ms. Shanti Ranjan, Advocates for R-4 + MAC.APP. 741/2016 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Amit Gaur for Mr. Pradeep Gaur, Advocate versus SATENDER MISHRA & ORS ........ RESPONDENTS Through: Mr. Ashok Mahajan and Mr. Deepak Thukral, Adv. for R-1 to 3 MACA Nos.740-741/16, 7& 2Page 1 of 11 Mr. Gaurav Singh, Mr. Pankaj Chauhan, Mr. D.K. Singh, Ms. Shanti Ranjan, Advocates for R-5 + MAC.APP. 743/2016 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Amit Gaur for Mr. Pradeep Gaur, Advocate versus RAHUL SHARMA & ORS ........ RESPONDENTS Through: Mr. Ashok Mahajan and Mr. Deepak ...


Sep 04 2017

Indian Oil Corporation Limited Pipelines Division (Plho) vs.institute ...

Court: Delhi

Decided on: Sep-04-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: September 04, 2017 $~OS-14 * % + O.M.P. (COMM) 317/2017 INDIAN OIL CORPORATION LIMITED PIPELINES DIVISION (PLHO) ........ Petitioner Through Mr.Avinav Vashisht, Sr. Adv. with Mr.Nishant Menon, Mr. Abhishek Birthray and Mr. Shafiq Ahmed, Advs. versus INSTITUTE OF GEO-INFORMATICS PVT. LTD...... Respondent Through Mr. Anukul Raj, Ms.Nikita and Mr.Shashank Saurabh, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking to set aside the Award dated 05.05.2017 passed by the learned Arbitrator.2. On 19.11.2009, the petitioner is said to have invited sealed tenders for specified work. The respondent was declared as a successful bidder and a letter of acceptance was issued on 15.06.2010. Main contract was executed on 14.07.2010. The contract envisages execution of work of "Detailed Engineering ...


Sep 04 2017

Vodafone India Ltd. And Ors. Vs.telecom Regulatory Authority of India

Court: Delhi

Decided on: Sep-04-2017

$~ 51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6388/2017 & CM Nos. 26428/2017 & 28403/2017 VODAFONE INDIA LTD. AND ORS. ........ Petitioner Through Mr Vikas Singh, Senior Advocate with Ms Manjul Bajpai, Dr Shashwat Bajpai, Mr Jagjeet Singh Sahni and Ms Akriti Shashank, Advocates. versus TELECOM REGULATORY AUTHORITY OF INDIA ..... Respondent Through: Mr Kirtiman Singh and Mr Prateek, Advocates for TRAI. Mr A. M. Singhvi, Senior Advocate with Mr K. R. Sasiprabhu, Mr Raghav Shankar, Mr Biju P. Raman, Advocates for applicant in CM Appln. No.28403/2017. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER0409.2017 VIBHU BAKHRU, J1 The petitioners have filed the present petition, inter alia, praying as under:-"(a) Call for the records of the case; (b) Issue an appropriate Writ, order and / or direction including an order, direction or writ in the nature of mandamus under Articles 226 / 227 of the Constitution directing the Respondent TRAI to forthwith provide to / share with the... Pet...


Sep 04 2017

Icici Lombard Gen. Ins. Co. Ltd vs.pinki and Ors

Court: Delhi

Decided on: Sep-04-2017

$~6 & 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:4. h September, 2017 + MAC.APP. 359/2017 ICICI LOMBARD GEN. INS. CO. LTD ..... Appellant Through: Mr. Garud M.V., Adv. versus PINKI AND ORS ........ RESPONDENTS Through: Mr. Anshuman Bal, Adv. for R- 1 to 4. + MAC.APP. 371/2017 ICICI LOMBARD GEN. INS. CO. LTD ..... Appellant Through: Mr. Garud M.V., Adv. versus RAKESH KUMAR AND ORS ........ RESPONDENTS Through: Mr. Anshuman Bal, Adv. for R CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 23.04.2012, a motor vehicular accident occurred at about 9.30 a.m., in which a tempo bearing registration No.UP14T8531turned turtle, it resulting in injuries being suffered, amongst others, by two persons namely Pintu and Rakesh, both of whom were travelling in the said goods vehicle at the relevant point of time, the former MAC Appeal No.359 & 371/2017 Page 1 of 4 (Pintu) dying in the process. Two accident claim cases, one (MACT No.209/2012) on account of death of Pintu instituted ...


Sep 04 2017

Sanjoly Singhal vs.central Board of Secondary Education & Ors

Court: Delhi

Decided on: Sep-04-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :25. 08.2017 Judgment delivered on :04. 09.2017 + W.P.(C) 6035/2016 SANJOLY SINGHAL Versus ........ Petitioner Ms Namita Roy and Mr Gautam, Advs CENTRAL BOARD OF SECONDARY EDUCATION & ORS ........ RESPONDENTS Through: Mr Atul Kumar, Adv for R-1. Ms Nishtha, Adv for R-2. Mr Puneet Saini, Adv for R-3. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 The petitioner before this Court is Sanjoly Singhal. She was born on 25.01.1997 to her parents namely Sanjay Singhal and Renu Singhal at Taluka-Deesa, District Banaskhantha, Gujrat. She was admitted to her school by the name of Sanjoly Agrawal. She continued with the name of Sanjoly Agrawal till her 12th class. She passed her 10th class in the year 2012. She successfully qualified in her 12th class examination in the year 2014. She took admission in the B.A. (Hons) course in Indraprastha College for Women, Delhi University under the same surname Sanjoly Agrawal. ...


Sep 04 2017

Bharti Axa General Insurance Co Ltd vs.rakesh Arora & Anr

Court: Delhi

Decided on: Sep-04-2017

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:4. h September, 2017 + MAC.APP. 652/2016 & CM No.30411/2016 BHARTI AXA GENERAL INSURANCE CO LTD Through: Mr. Navneet Kumar, Adv. ..... Appellant Versus RAKESH ARORA & ANR ........ RESPONDENTS Through: Mr. S.N. Parashar, Adv. for R-1 & 2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Vikas Arora, then 27 years old, a bachelor, died in motor vehicular accident that occurred on 08.06.2013 at about 10.15 a.m. due to negligent driving of motorcycle bearing registration No.DL4CE0823admittedly insured against third party risk with the appellant insurance company (insurer). His parents, first and second respondents (collectively, the claimants), instituted accident claim case (MACP2052013) on 08.07.2013. The tribunal, by its judgment dated 02.02.2016, awarded compensation in the sum of Rs. MAC Appeal No.652/2016 Page 1 of 5 71,10,000/- and directed the insurer to pay with interest @ ten per cent (10%) per annum.2. The insurer i...


Sep 04 2017

Pr. Commissioner of Income Tax-6, New Delhi vs.maruti Suzuki India Lim ...

Court: Delhi

Decided on: Sep-04-2017

$~ * 18 IN THE HIGH COURT OF DELHI AT NEW DELHI + PR. COMMISSIONER OF INCOME TAX-6, NEW DELHI ..... Appellant ITA No.65/2017 Through: Mr. Asheesh Jain, Senior Standing Counsel with Mr. Vikrant A. Maheshwari, Advocates MARUTI SUZUKI INDIA LIMITED (SUCCESSOR OF SUZUKI POWERTRAIN INDIA LIMITED) versus ..... Respondent Through: Mr. Ajay Vohra, Senior Advocate with Ms. Kavita Jha and Mr. Vikrant A. Maheshwari, Advocates CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH % ORDER0409.2017 Dr. S. Muralidhar, J.:1. This is an appeal by the Revenue against the order dated 21st July 2016 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.288/Del/2016 for the Assessment Year (AY) 2011-12.2. The question sought to be urged by the Revenue in this appeal is whether the order of the ITAT is perverse inasmuch as it invalidates the assessment order dated 29th December 2015 passed by the Assessing Officer (AO) for ITA652017 Page 1 of 8 AY201112 on the ground that it has framed in the name o...


Sep 04 2017

M/S Swet Chem Antibiotics Ltd Vs...

Court: Delhi

Decided on: Sep-04-2017

$~C-60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Delivered on:04. h September, 2017 CO.PET. 509/2010 M/S SWET CHEM ANTIBIOTICS LTD Through : Mr.Abhayraj Verma and Ms.Priyanka Ghosh, Advs. ........ Petitioner .. versus ..... Respondent Through : Mr.Arun Bhardwa, AAG for State of Haryana for R-1, 6 to 8 CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. It is submitted by learned counsel for the company refers to an order dated 22.09.2010 of the BIFR : 2.7.4 Having regard to the submissions made in the hearing today, and the background of the case as per the information on file, the Bench confirmed its earlier opinion that despite allowing adequate time and opportunity to the company/promoters and exploring other possible avenues also, it had not been possible to work out any acceptable revival scheme which could enable the company to run its networth positive within a reasonable time frame while discharging all its due financial obligations. Accordingly, the Bench observed...


Sep 04 2017

National Ins. Co. Ltd. Vs.rekha Mishra & Ors.

Court: Delhi

Decided on: Sep-04-2017

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:4. h September, 2017 + MAC APPEAL No.707/2016 NATIONAL INS. CO. LTD. ..... Appellants Through: Mr. Pankaj Seth, Adv. versus REKHA MISHRA & ORS. ........ RESPONDENTS Through: Mr. J.S. Kanwar, Adv. for R-1 to 6. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 21.12.2013, Vijay Pal Mishra was riding scooter No.DL13SE3051(the scooter) registered in the name of seventh respondent, it admittedly being insured against third party risk with the appellant insurance company for the relevant period. He was hit by an unknown vehicle at about 9.40 p.m. and suffered injuries consequent to which he died. First to sixth respondents (collectively, the claimants), being his wife and other members of the family dependent upon him, instituted accident claim case in the wake of detailed accident report (DAR No.D-40/2014) seeking compensation, impleading the owner and insurer of the scooter (which he was riding) as party respondents, the cl...


Sep 04 2017

Hemant Verma vs.nazibulla Khan & Anr

Court: Delhi

Decided on: Sep-04-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h September, 2017 CM(M) 955/2017 HEMANT VERMA ........ Petitioner Through: Mr. Rakesh Mukhija, Adv. Versus NAZIBULLA KHAN & ANR Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No.32043/2017 (for exemption) 1.2. Allowed, subject to just exceptions. The application is disposed of. CM(M) 955/2017 & CM No.32042/2017 (for stay) 3. This petition under Article 227 of the Constitution of India impugns the order [dated 23rd May, 2017 in CS No.771/of the Court of Additional District Judge (ADJ)-03, (Central), Tis Hazari Courts, Delhi]. allowing the application of the respondents/defendants under Section 151 of the Code of Civil Procedure, 1908 (CPC) for recall of the order striking off the defence of the respondents/defendants.4. The counsel for the petitioner/plaintiff has been heard and record perused.5. The petitioner/plaintiff instituted the suit, from which this petition arises, for recove...


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