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Delhi Court October 2018 Judgments

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Oct 15 2018

Isha Sharma & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Oct-15-2018

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 5047/2018 Judgment delivered on:15. 10.2018 ISHA SHARMA & ORS versus STATE & ANR. ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner: For the... RESPONDENTS: Ms.Supriya Juneja, Advocate. Ms. Neelam Sharma, APP for the State. SI Ashok Kumar, P.S.Amar Colony. Mr. Satyam Thareja, Adv. for R-2 along with respondent No.2 in person. Mr.Rinku Sharma, R-3 in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1510.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek quashing of FIR No.292 of 2011 under Sections 420/406/384/506/494/120B of the IPC registered at Police Station Amar Colony, New Delhi, based on a settlement.2. Subject FIR is an off shoot of a matrimonial discord. Respondent No.2 is the husband of the petitioner No.1.3. Learned counsels for the parties submit that parties have settled their CRL.M.C. 5047/2018 Page 1 of 2 disputes before the Lok Adalat, Family Court,...


Oct 15 2018

Neetu Pal (Minor) vs.raj Bahadur Singh & Ors (The Oriental Insurance C ...

Court: Delhi

Decided on: Oct-15-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: October 15, 2018 + MAC.APP. 582/2018 DEVENDER KUMAR & ORS. ..... Appellants Through: Mr. Shekhar Aggarwal, Advocate Versus RAJ BAHADUR SINGH & ORS (ORIENTAL INSURANCE CO. LTD) .....Respondents Through: Mr. Ravi Sabharwal, Advocate + MAC.APP. 583/2018 1. NEETU PAL (MINOR) ..... Appellant Through: Mr. Shekhar Aggarwal, Advocate Versus RAJ BAHADUR SINGH & ORS (THE ORIENTAL INSURANCE CO LTD) Through: Mr. Ravi Sabharwal, Advocate ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) The above captioned two appeals arise out of impugned Awards of 13th December, 2017 and 24th January, 2018 vide which claim petitions of appellants have been dismissed on the ground that appellants have failed to prove that the accident in question had taken place due to rash and negligent driving of insured vehicle by its driver in an accident which MAC. APPs. 582-83/2018 Page 1 of 7 took place on 1st October, 2017. Since the groun...


Oct 15 2018

Indian Railway Catering and Tourism Corporation Ltd vs.m/s Ambuj Hotel ...

Court: Delhi

Decided on: Oct-15-2018

$~10 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15. h October, 2018 O.M.P. 1274/2014 INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD ........ Petitioner Through: Mr. Nikhil Majithia, Advocate (M- 9910415522). versus M/S AMBUJ HOTELS AND REAL ESTATE (P) LTD ..... Respondent Through: Mr. Prafulla R. Tiwary, Advocate (M- CORAM: JUSTICE PRATHIBA M. SINGH981864154). Prathiba M. Singh, J.(Oral) The Indian Railway Catering & Tourism Corporation (IRCTC) the 1.... Petitioner herein, floated a tender for catering services on New Delhi Patna Sampoorn Kranti Express. The Respondent submitted its bid for the same. By letter dated 15th February, 2002, it was communicated by the... Petitioner to the Respondent that the decision was taken to award the tender to the Respondent. Accordingly, the Respondent was called upon to deposit Rs.3,00,000/- towards security deposit; Rs.5,50,000/- towards licence fee and Rs.17,37,000/- instalment of concession fee. Total concession fee payab...


Oct 15 2018

M/S Continental Advertising Pvt. Ltd. Vs.m/s Karan & Co.

Court: Delhi

Decided on: Oct-15-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.577/2006 + % M/S CONTINENTAL ADVERTISING PVT. LTD. 15th October, 2018 Through: ..... Appellant Mr. Advocate (9811688721) Gaurav Mahajan, M/S KARAN & CO. versus Through: ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 31.05.2006 by which the trial court has dismissed the suit for recovery of Rs.6,00,000/- filed by the appellant/plaintiff. The suit has been dismissed on the ground that the same is barred by limitation. RFA5772006 Page 1 of 7 2. The facts of the case are that the appellant/plaintiff pleaded that it issued advertisements in the newspaper for the weekly draws of lotteries for the State of Meghalaya. It was pleaded, that as per the statement of account maintained by the appellant...


Oct 15 2018

Kanhaiya Lal & Ors vs.muli Devi (Deceased) Thr Her Lrs & Ors

Court: Delhi

Decided on: Oct-15-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15. h October, 2018 RSA1652016, CM No.22887/2016 (for stay), CM No.43712/2016 (u/O XLI R-27 CPC) & CM No.31144/2017 (u/S151CPC). KANHAIYA LAL & ORS Through: Mr. Om Prakash, Adv. ..... Appellants versus MULI DEVI (DECEASED) THR HER LRS & ORS ........ RESPONDENTS Through: Mr. Sharvan Dev, Adv. for R-4. Mr. Parvinder Chauhan, Adv. for DUSIB with Mr. R.C. Meena, Dy. Director (JJR), DUSIB. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 14th March, 2016 in RCA No.73/2015 (Unique Case ID No.02401C0480052015) of the Additional District Judge-II (Central)]. of dismissal of First Appeal under Section 96 of the CPC preferred by the appellants against the judgment and decree [dated 29th July, 2015 in CS No.4(Unique ID No.02401C0154042003) of the Court of Civil Judge-05 (Central)]. of dismissal of suit filed by the appe...


Oct 15 2018

Sh. Ravi @ Man Singh vs.state & Anr.

Court: Delhi

Decided on: Oct-15-2018

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:15.10.2018 CRL.M.C. 5289/2018 SH. RAVI @ MAN SINGH STATE & ANR. versus ........ Petitioner ........ RESPONDENTS Mr. Santosh Singh Bagga, Adv. Advocates who appeared in this case: For the... Petitioner : For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Sanjeev Sabharwal, Addl. PP for the State with SI Jeetendra Singh : JUDGMENT1510.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks quashing of FIR No.505 of 2013 under Sections 354-A/354-D/336/509 of the IPC, Police Station Saraswati Vihar, based on a settlement.2. The allegations in the FIR are that the petitioner had misbehaved with the complainant and when she objected he abused her.3. Learned counsel for the parties submits that the parties have settled their disputes with the intervention of friends and family members and compromise deed dated 14.08.2018 has been executed between the parties.... Petitioner has apologised to the responde...


Oct 15 2018

The Oriental Insurance Co Ltd vs.hemlata Alexander & Ors.

Court: Delhi

Decided on: Oct-15-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: October 15, 2018 + MAC.APP. 432/2016 THE ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate + MAC.APP. 440/2016 Versus KIRAN ALEXANDER & ORS. Through: Nemo. .....Respondents .....Appellant 1. THE ORIENTAL INSURANCE CO LTD Through: Mr. Pankaj Seth, Advocate Versus HEMLATA ALEXANDER & ORS. Through: Nemo. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) .....Respondents The above captioned two appeals arise out of separate Awards of even date i.e. 2nd February, 2016, vide which the Motor Accident Claims Tribunal (henceforth referred to as the Tribunal) has awarded compensation of `28,57,000/- with interest @ 9% p.a. to legal heirs of a Nursing Orderly - Rajesh, aged about 40 years, in a vehicular accident MAC.APP. 432/2016 MAC.APP. 440/2016 Page 1 of 7 which took place on 11th June, 2015.2. In this unfortunate accident in question, Kiran-mother of deceased- Rajesh, aged 68 years had sustained injuri...


Oct 15 2018

Chief Engineer, Pwd Nct Zone vs.rudal Rai

Court: Delhi

Decided on: Oct-15-2018

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15. h October, 2018 + W.P.(C) 6585/2015 & CM No.12011/2015 CHIEF ENGINEER, PWD NCT ZONE ........ Petitioner Through: Mr. Sanjoy Ghose, ASC-GNCTD with Mr. Rishabh Jetely, Adv. versus RUDAL RAI ..... Respondent Through: Mr. Anuj Aggarwal, Adv. with Mr. Tenzing Thinlay Lepcha and Mr. Ashutosh Dixit, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) These proceedings emanate out of an industrial dispute, raised 1. by the respondent-workman Rudal Rai, which culminated in an Award dated 11th March, 2015, passed by the learned Industrial Tribunal (hereinafter referred to as the learned Tribunal).2. The case, as set out by the respondent-workman in his statement of claim, was that he had been initially engaged, on 15th December, 1985, as a plumber, on work order, and was working under the direct control and supervision of the Junior Engineer/Assistant Engineer (JE/AE) and Executive Engineer, and that his services ha...


Oct 15 2018

M/S Grover Tankers Investment vs.m/s Otc Exchange of India

Court: Delhi

Decided on: Oct-15-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.580/2006 + % M/S GROVER TANKERS INVESTMENT15h October, 2018 ..... Appellant Through: Mr. Atul Bandhu, Advocate. M/S OTC EXCHANGE OF INDIA . versus ..... Respondent Through: None. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 29.05.2006 by which the trial court has dismissed the suit for recovery of Rs. 6,25,000/- filed by the appellant/plaintiff. The amount of Rs. 6,25,000/- was paid by the appellant/plaintiff for dealership of the respondent/defendant. Since the appellant/plaintiff could not fulfill Condition No.6 of Annexure I of the Undertaking for grant of dealership and this RFA No.580/2006 Page 1 of 12 condition was that appellant/plaintiff as per its Memorandum cannot be permitted to carry on fund ...


Oct 15 2018

Vaibhav Goel & Anr. Vs.the State & Anr.

Court: Delhi

Decided on: Oct-15-2018

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:15. 10.2018 CRL.M.C. 5284/2018 VAIBHAV GOEL & ANR versus THE STATE & ANR ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : For the... RESPONDENTS: Mr. Sarvesh Kumar, Adv. Mr. Kamal Kr. Ghai, Addl. PP for the State with W/SI Veera CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1510.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek quashing of FIR No.559 of 2016 under Sections 498A/406/323/5of the IPC registered at Police Station Vivek Vihar, Delhi, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.2. Learned counsels for the parties submit that parties have entered into a settlement and they have been living together as husband and wife since 26.01.2017.3. It is contended that the parties have reconciled their dispute and have started living together amicably.... Petitioner No.1-husband is present in CRL....


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