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Delhi Court January 2018 Judgments

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Jan 31 2018

Ankur Mittal vs.anju Chitkara & Ors

Court: Delhi

Decided on: Jan-31-2018

$~13 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t January, 2018 FAO4332016 & CM No.19444/2017 (stay) ANKUR MITTAL .... Appellant Through: Mr. Sanjeet Kumar, Advocate. versus ANJU CHITKARA & ORS ........ RESPONDENTS Through: Mr. Ashish Pratap Singh with Ms. Aanchal Rana, Advocates for R-1 to 4. Ms. Neeta Goyal with Mr. Gaurav Gupta, Advocates for R-5 along with R-5 in person. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) The background facts leading to this appeal were noticed at 1. length in the proceedings recorded on 05.07.2017 which read as under:-"By the first appeal against order challenge is brought to the dismissal of the application under Order IX Rule 13 CPC by the Motor Accident Claims Tribunal by order dated 09.05.2016. The appellant had been impleaded as respondent no.2 in the accident claim case (MAC1542012) decided on 30.01.2014. FAO4332016 Page 1 of 5 The compensation in the sum of Rs.26,21,600/- was awarded with interest at the rate of 9% p.a. in ...


Jan 31 2018

Suresh Kumar Gera vs.syed Faiz Murtaza Ali and Others

Court: Delhi

Decided on: Jan-31-2018

$~OS-7 * % + CS(OS) 2457/2009 Date of decision:31. 01.2018 IN THE HIGH COURT OF DELHI AT NEW DELHI SURESH KUMAR GERA ..... Plaintiff Through Mr.Vinay Gupta, Adv. with Mr.Manish Dua and Ms.V.Deepti, Advs. versus SYED FAIZ MURTAZA ALI AND OTHERS E+..... Defendant Through Mr.Rajesh Pathak, Mr. K.B. Upadhyay and Mr. Abhishek Chakraborty, Advs. for D-1. Mr.T.N.Saxena and Mr.Nihar Berry, Advs. for D-3 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1.2. This suit is filed by the plaintiff for recovery of Rs.3.08 crores. The facts which are pleaded make a somewhat remarkable reading. It is stated that defendant No.1 was the recorded owner of the property i.e. A- 4, Chirag Enclave, New Delhi. The plaintiff is said to have become interested in purchasing the said property. He entered into an agreement to sell on 28.01.2005 whereby he along with defendant No.4 agreed to purchase the said property. A sum of Rs.30 lacs was paid in cash by the plaintiff to defendant No.1 on 28.01.2005....


Jan 31 2018

Harbhajan Singh Bagga vs.life Insurance Corporation of India and Ors

Court: Delhi

Decided on: Jan-31-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:31. 01.2018 + W.P.(C) 6945/2012 HARBHAJAN SINGH BAGGA ........ Petitioner Versus LIFE INSURANCE CORPORATION OF INDIA AND ORS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS ........ RESPONDENTS : : Ms Sagari Dhanda. Mr V.C. Mittal and Ms Suhani Dhingra. CORAM HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, impugning a circular dated 26.07.2011 (hereafter the impugned circular) passed by the Life Insurance Corporation of India (hereafter the LIC).2. The petitioner is aggrieved by the impugned circular inasmuch as it clarifies that the procedure followed for payment of full maturity claims under endowment type of policies, where the last years premium remains unpaid, would not be applicable to Jeevan Shree policies. W.P.(C) 6945/2012 Page 1 of 14 3. Admittedly, the procedure followed by the LIC for settling claims under the ...


Jan 31 2018

M/S Icici Bank Limited vs.kapil Dev Sharma

Court: Delhi

Decided on: Jan-31-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :15. h January, 2018 Date of decision :31. t January, 2018 RFA2992015 M/S ICICI BANK LIMITED ..... Appellant Through: Mr. Punit K. Bhalla & Ms. Chetna Bhalla, Advocates. (M-9810080772) versus ..... Respondent KAPIL DEV SHARMA Through: None. CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.The present appeal arises out of the impugned judgment/order dated 1. 19th February, 2015 by which the suit recovery filed by the Appellant/Plaintiff bank (hereinafter, Plaintiff bank) was dismissed. The primary ground on which the suit had been dismissed was that the Plaintiff bank had failed to file the original loan recall notice dated 10th April, 2014 in the Trial court. for Brief Background The Respondent/Defendant (hereinafter, Defendant) approached the 2. Plaintiff bank for financing of the purchase of a vehicle under loan cum hypothecation scheme for a sum of Rs.4,18,000/-. The Defendant agreed to repay the loan amount in...


Jan 31 2018

p.p. Buildwell Private Limited (Consortium) vs.delhi Metro Rail Corpor ...

Court: Delhi

Decided on: Jan-31-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P. (C) 10623/2017, CM APPL.43509-43511/2017 RESERVED ON:12. 01.2018 PRONOUNCED ON:31. 01.2018 P.P. BUILDWELL PRIVATE LIMITED (CONSORTIUM) ........ Petitioner Through: Mr. Dayan Krishnan, Sr. Advocate with Mr. Gautam Narayan, Mr. R.A. Iyer, Ms. Aakshi Lodha, Ms. Mahamaya Chatterjee and Mr. Sanjeevi, Advocates. Versus DELHI METRO RAIL CORPORATION AND ORS. ........ RESPONDENTS Through: Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Sanjay Kumar, Advocate for DMRC/R-1. Mr. Rajiv Bansal, Sr. Advocate with Mr. Naveen Kumar Raheja, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA S.RAVINDRA BHAT, J.1. The... Petitioner Consortium, in writ proceedings impugns an order dated 15.11.2017 and a consequential letter dated 16.11.2017, (hereafter referred to as the 'impugned orders) issued by the first respondent i.e. the Delhi Metro Rail Corporation (the Metro) rejecting its technical bid in respect of its t...


Jan 31 2018

Jagvati Devi & Ors vs.union of India & Ors

Court: Delhi

Decided on: Jan-31-2018

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9358/2015 JAGVATI DEVI & ORS ........ Petitioners Date of Judgment :31st January, 2018 Through Mr.Anuj Kumar Garg, Advocate. versus CORAM: ........ RESPONDENTS UNION OF INDIA & ORS Through Mr. Dev P. Bhardwaj, CGSC with Mr. Satya Prakash Singh, Adv. for UOI. Mr. Satyakam with Mr.Shashwat Parihar, Advocates for GNCTD. Mr. Siddharth Panda, Advocate for L&B/LAC. Mr.Pawan Mathur, Adv. for DDA. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. This is a petition under Article 226 of Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to half share of land of the petitioners falling in Khasra no.305 min (1-0) and Khasra no.306(1-14), total land measuring area (02-07), situated in the revenue estate of village Pul Prahladpur, New Delhi (hereinafter referred to as the subject land) stand lapsed in view of section 24(2) of Righ...


Jan 31 2018

M/S Icici Bank Limited vs.gurdev Singh

Court: Delhi

Decided on: Jan-31-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :15. h January, 2018 Date of decision :31st January, 2018 RFA3002015 M/S ICICI BANK LIMITED ..... Appellant Through: Mr. Punit K. Bhalla & Ms. Chetna Bhalla, Advocates. (M-9810080772) versus GURDEV SINGH Through: None. CORAM: JUSTICE PRATHIBA M. SINGH ..... Respondent JUDGMENT Prathiba M. Singh, J.Present appeal arises out of judgment and order dated 7th March, 1. 2015 by which the suit filed by Appellant-ICICI Bank (hereinafter Plaintiff bank) was dismissed. for CPC) Brief Background Plaintiff bank filed a suit under Order XXXVII of the Code of Civil 2. Procedure, 1908 (hereinafter, recovery of an amount of Rs.4,63,982.20 from the Respondent/Defendant (hereinafter, Defendant). The allegations in the plaint are that the Defendant applied for and obtained a credit card from the Bank which was duly delivered. The Bank made payments to various establishments where the Defendant had used the credit card and sent monthly credit card...


Jan 31 2018

New Delhi Television Limited vs.s.k. Srivastava

Court: Delhi

Decided on: Jan-31-2018

$~10 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 153/2012 NEW DELHI TELEVISION LIMITED ..... Plaintiff Through: Mr. Abhinav Vasisht, Sr. Adv. with Mr. Sarojanand Jha, Ms. Naina Dubey and Ms. Priya, Advs. S.K. SRIVASTAVA ..... Defendant Through: Mr. Om Prakash and Mr. Pradeep Versus Kumar Tripathi, Advs. Ms. Sonali Negi, Adv. for Mr. Vishnu Sharma, Adv. for applicant in IA No.15018/2015. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER3101.2018 % IA No.1195/2012 (of plaintiff u/O XXXIX R-1&2 CPC) 1. In this suit for recovery of damages (the senior counsel for the plaintiff states, for defamation) and for permanent injunction restraining the defendant from further publishing or causing to be published the defamatory contents with respect to the plaintiff, vide ex-parte ad-interim order dated 20th January, 2012 (which continues to be in force), the defendant was restrained from publishing/circulating any defamatory material, internet publication and material as contained in the ...


Jan 31 2018

Mangal vs.north Municipal Corporation of Delhi & Ors.

Court: Delhi

Decided on: Jan-31-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 31, 2018 + W.P.(C) 907/2018 & C.M. 3826/2018 1. MANGAL ........ Petitioner Through: Mr. Mukesh Kumar & Ms. Nazia Khanam, Advocates Versus NORTH MUNICIPAL CORPORATION OF DELHI & ORS. ........ RESPONDENTS Through: Ms. Biji Rajesh, Advocate for Mr.Gaurang Kanth, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL... Petitioner is a retired Safai karamchari of respondent-Corporation, who seeks release of his retiral benefits.2. Learned counsel for petitioner submits that an application was filed to seek retiral benefits but to no avail and petitioner had to issue a Legal Notice (Annexure P-6), on 26th October, 2017 to which also there is no response by respondent-Corporation. Counsel for petitioner further submits that no response has been received by petitioner to the information sought under The Right to Information Act, 2005.3. Learned counsel for respondent-Corporation submits that this is a service matter con...


Jan 31 2018

Rakesh Singh @ Harkesh Singh vs.state Nct of Delhi

Court: Delhi

Decided on: Jan-31-2018

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:24. 01.2018 Judgment delivered on:31. 01.2018 CRL.A. 42/2013 & Crl. M.A. No.8419/2016 RAKESH SINGH @ HARKESH SINGH ..... Appellant Through Appellant with his counsel Mr. Kulwant Saroop, Adv. versus STATE NCT OF DELHI ..... Respondent Through Ms. Neelam Sharma, APP for the State CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.For orders, see file of Crl. Appeal No.1458/2012. INDERMEET KAUR, J JANUARY31 2018 A...


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