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Delhi Court September 2017 Judgments

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Sep 04 2017

Nishant Yadav & Ors. Vs.the State Nct of Delhi & Anr

Court: Delhi

Decided on: Sep-04-2017

$~19 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1534/2017 NISHANT YADAV & ORS. ........ Petitioners Through: Mr. Arun Kumar Yadav, Advocate with petitioners in person. versus THE STATE NCT OF DELHI & ANR ........ RESPONDENTS Through Ms. Kamna Vohra, ASC with SI Dharamvir Singh, P.S. CWC, Nanakpura, Delhi. Mr. Ankit respondent No.2 in person. Sharma, Advocate along with CORAM: HON'BLE MR. JUSTICE VINOD GOEL1 2.3. ORDER0409.2017 % Status report has been filed. 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 quashing of the FIR bearing No.17/2016, registered on 24.02.2016 against them with Police Station Crime (Women) Cell Nanak Pura, Special Police Unit for Women and Children, Delhi, under Sections 498A/4IPC on the complaint of respondent No.2. Respondent No.2 accompanied by her father and brother has appeared in person. She is bein...


Sep 04 2017

Uma Devi Dubey vs.manoj Kumar & Ors

Court: Delhi

Decided on: Sep-04-2017

$~15 & 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 749/2016 Decided on:04. h September, 2017 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Amit Gaur for Mr. Pradeep Gaur, Advocate versus UMA DEVI DUBEY & ORS ........ RESPONDENTS Through: Mr. Ashok Mahajan and Mr. Deepak T., Advocates for R-1 Mr. D.K. Singh, Mr. Gaurav Singh, Mr. Pankaj Chauhan, Ms. Savita Singh, Ms. Shanti Ranjan, Advocates for R-3 + MAC.APP. 222/2017 UMA DEVI DUBEY ..... Appellant Through: Mr. Ashok Mahajan and Mr. Deepak T., Advocates for cross-objector versus MANOJ KUMAR & ORS ........ RESPONDENTS Through: Mr. D.K. Singh, Mr. Gaurav Singh, Mr. Pankaj Chauhan, Ms. Savita Singh, Ms. Shanti Ranjan, Advocates for R- 2 Mr. Amit Gaur for Mr. Pradeep Gaur, Advocate for R-3/NIC CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) MACA Nos.7& 2Page 1 of 7 1. On 15.05.2010, a Tavera car bearing registration no.DL-4C- AD-6598 (car) was being driven by Manoj Kumar, a respondent in these appeals from Katra (...


Sep 04 2017

Uma Khosla vs.vijay Choudhary

Court: Delhi

Decided on: Sep-04-2017

$~O-7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Delivered on:04. h September, 2017 CS(OS) 1063/2014, IA No.14924/2014, 6171/2017 UMA KHOSLA Through : Mr.Pawash ..... Plaintiff and Piyush Mr.Sumeet, Advocates. % + versus VIJAY CHOUDHARY ..... Defendant Through : Mr.Amit Prakash Shahi, Advocate. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. Vide order dated 15.02.2017 the defendant was granted conditional leave to defend the suit on his deposit of a sum of `3,82,00,000/-, in the Court within a period of one month from 15.02.2017. Out of said amount, `1.80Crore was to be released to the plaintiff to satisfy her claim towards principal amount.2. Defendant carried the above order in appeal bearing FAO (OS) No.154/2017 but it was also dismissed vide order dated 17.05.2017, thus entailing finality to the order dated 15.02.2017 of conditional leave to defend. CS (OS) No.1063/2014 Page 1 of 2 3. Learned counsel for defendant submits that the defendant is unable to deposit the sai...


Sep 04 2017

Vip Industries vs.lt. Gen. Giri Raj Singh and Anr.

Court: Delhi

Decided on: Sep-04-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6390/2017 & C.M. APPL.26430/2017 Decided on:04. 09.2017 VIP INDUSTRIES LIMITED ........ Petitioner Through : Sh. Rajesh Pathak with Sh. Abhishek Chakraborty, Advocates. Versus DIRECTOR GENERAL OF ORDNANCE SERVICES AND ANR.. Respondents Through : Sh. Rakesh Kumar with Sh. Vinod Kumar, Advocates, for UOI. Sh. Karan Luthra, Advocate, for Respondent No.2. And connected matters: + W.P.(C) 6480/2017, C.M. APPL.26822/2017 + CONT. CAS (C) 620/2017 CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE CHANDER SHEKHAR MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % W.P.(C)_6480/2017 W.P.(C) 6480/2017 & CONT. CAS (C) 620/2017 Page 1 of 2 1. The writ petition is unmerited and has to fail. It is accordingly dismissed without order on costs. CONT. CAS(C) 620/2017 2. In view of our order above, nothing survives in this contempt petition to be decided. It is accordingly, dismissed. For detailed judgment, the decision dated 04.09.2017 in W.P.(C)...


Sep 04 2017

Romila Mayank Sharma vs.zee Media Corporation Ltd. (Earlier Known as Z ...

Court: Delhi

Decided on: Sep-04-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % R.F.A. No.733/2017 4th September, 2017 ..... Appellant Through: Ms. Rekha Rani Dey, Advocate. ROMILA MAYANK SHARMA ZEE MEDIA CORPORATION LTD. (EARLIER KNOWN AS ZEE NEWS LIMITED) Through: Mr. Bhagabati Prasad Padhy, Adv. versus ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) Caveat No.742/2017 Since there is appearance on behalf of the caveator, caveat stands discharged. C.M. Nos.29677-29679/2017 (for exemption) Exemption allowed subject to just exceptions. CMs stand disposed of. C.M. No.29676/2017 (for delay) For the reasons stated in the application, delay of 49 days in filing the appeal is condoned. RFA No.733/2017 Pag e 1 of 7 CM stands disposed of. RFA No.733/2017 & C.M. No.29675/2017 (for stay) 1. This Regular First Appeal under Section 96 of the Code Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the Trial Court da...


Sep 04 2017

Icici Lombard Gen. Ins. Co. Ltd vs.rakesh Kumar 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

Amit Saini & Ors. Vs.state (Nct of Delhi) & Ors.

Court: Delhi

Decided on: Sep-04-2017

$~18 * + % 1.2. 3. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1519/2017 AMIT SAINI & ORS. ........ Petitioners Through: Mr. B.S.Rana, Advocate along with petitioners in person. versus STATE (NCT OF DELHI) & ORS. ........ RESPONDENTS Through: Mr. Rajesh Mahajan, ASC for State along with ASI Ramesh Kumar, PS BHD Nagar, Delhi. Mr.Satyam Sisodia, Advocate for R-2 along with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER0409.2017 Status report has been handed over in court. The same is taken on record. Respondent No.2 is present. She is being represented by her counsel. She is duly identified by the IO ASI Ramesh Kumar. 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.834/2014, registered against them on 31.12.2014 with Police Station Baba Haridas Nagar, Delhi (South West District), under...


Sep 04 2017

Prem Anand vs.smt. Santosh Alias Bawa Alias Radhey Ma

Court: Delhi

Decided on: Sep-04-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 522/2016 & I.As. 15981/2013 & 15244/2016 PREM ANAND Through: Ms.Sucharita Ghosh, Advocate. ..... Plaintiff versus SMT. SANTOSH alias BAWA alias RADHEY MA Through: None ..... Defendant Date of Decision:4. h September, 2017 % CORAM: HON'BLE MR. JUSTICE MANMOHAN MANMOHAN, J: (Oral) JUDGMENT1 Today Ms.Padma Priya, Advocate enters appearance through the Delhi High Court Legal Services Committee.2. However, a perusal of the paper book reveals that the defendant had been proceeded ex parte vide order dated 10th March, 2017 and till date, no application has been filed for recall of the said order. Even today, no vakalatnama has been executed by the defendant in favour of Ms.Padma Priya, Advocate.3. On 01st September, 2017, this Court had heard the arguments and reserved orders. Consequently, the Court has no other option but to proceed ahead with the matter. CS (OS) 522/2016 Page 1 of 7 4. It is pertinent to mention that the present suit ha...


Sep 04 2017

National Insurance Co Ltd vs.uma Devi Dubey & Ors

Court: Delhi

Decided on: Sep-04-2017

$~15 & 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 749/2016 Decided on:04. h September, 2017 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Amit Gaur for Mr. Pradeep Gaur, Advocate versus UMA DEVI DUBEY & ORS ........ RESPONDENTS Through: Mr. Ashok Mahajan and Mr. Deepak T., Advocates for R-1 Mr. D.K. Singh, Mr. Gaurav Singh, Mr. Pankaj Chauhan, Ms. Savita Singh, Ms. Shanti Ranjan, Advocates for R-3 + MAC.APP. 222/2017 UMA DEVI DUBEY ..... Appellant Through: Mr. Ashok Mahajan and Mr. Deepak T., Advocates for cross-objector versus MANOJ KUMAR & ORS ........ RESPONDENTS Through: Mr. D.K. Singh, Mr. Gaurav Singh, Mr. Pankaj Chauhan, Ms. Savita Singh, Ms. Shanti Ranjan, Advocates for R- 2 Mr. Amit Gaur for Mr. Pradeep Gaur, Advocate for R-3/NIC CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) MACA Nos.7& 2Page 1 of 7 1. On 15.05.2010, a Tavera car bearing registration no.DL-4C- AD-6598 (car) was being driven by Manoj Kumar, a respondent in these appeals from Katra (...


Sep 04 2017

Icici Lombard General Ins. Co Ltd vs.johri Lal & Ors

Court: Delhi

Decided on: Sep-04-2017

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:04. h September, 2017 + MAC.APP. 230/2016 and CM88972016 ICICI LOMBARD GENERAL INS. CO LTD .... Appellant Through: Mr. Garud M.V., Advocate versus JOHRI LAL & ORS ........ RESPONDENTS Through: Mr. Naushad A. Khan, Adv.for R- 1 to 5 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Ram Bai @ Rama Bai, widowed mother of the first to fifth respondents (collectively, the claimants) died in a motor vehicular accident that occurred on 09.06.2010 due to negligent driving of a motorcycle bearing registration no.DL-8SAS-7687, admittedly insured against third party risk with the appellant / insurance company (insurer). The accident claim case (suit no.379/2010), instituted by the said respondents (claimants) on 14.07.2010 resulted in an award of compensation in the sum of Rs.4,77,514/- given by the tribunal by its judgment dated 15.01.2016, the liability having been fastened on the insurer to pay with interest at the rate of nine per...


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