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Delhi Court April 2018 Judgments

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Apr 19 2018

Komal Kishan Chugh vs.vinod Kumar Chugh & Anr

Court: Delhi

Decided on: Apr-19-2018

$~18 & 19 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"19th April, 2018 + RC.REV. 533/2016 + SOMNATH CHUGH ........ Petitioner Through: Mr. Sanjeet Singh & Ms. Yamini Khurana, Advs. versus VINOD KUMAR CHUGH & ANR ........ RESPONDENTS Through: Mr. A.S. Chandhiok, Sr. Adv. with Mr. Sanjeev Sahay, Mr. Aditya Sharma, Ms. Sweta Kakkad, Ms. Pallavi Kumar & Mr. Angad, Advs. RC.REV. 576/2016 KOMAL KISHAN CHUGH ........ Petitioner Through: Mr. Sanjeet Singh & Ms. Yamini Khurana, Advs. versus VINOD KUMAR CHUGH & ANR ........ RESPONDENTS Through: Mr. A.S. Chandhiok, Sr. Adv. with Mr. Sanjeev Sahay, Mr. Aditya Sharma, Ms. Sweta Kakkad, Ms. Pallavi Kumar & Mr. Angad, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 ORDER (ORAL) These two revision petitions are directed against the judgment dated 10.06.2016 of the Additional Rent Controller (ARC) passed on the file of two separate eviction petitions (registered as eviction RCR53316, 5Page 1 of 13 petitions No.128/2012 and 127/2012) which were ins...


Apr 19 2018

‘X’ (Assumed Name) vs.state of Nct Delhi

Court: Delhi

Decided on: Apr-19-2018

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :19. h APRIL, 2018 TR.P.(CRL.) 14/2018, CRL.M.A.Nos.45& 45X (Assumed name) ........ Petitioner Through : Ms.Naomi Chandra, Advocate. versus STATE OF NCT DELHI Through : Ms.Radhika Kolluru, APP. ..... Respondent CORAM: HON'BLE MR. JUSTICE S.P.GARG + S.P.GARG, J.(Oral) 1. The petitioner has filed the present petition for transfer of the Sessions Case No.320/2017 registered vide FIR No.291/2016 under Sections 376D/509/5IPC at Police Station Palam, presently pending trial before the Court of leaned ASJ at Dwarka Court.2. I have heard the learned counsel for the petitioner and have examined the file.... Petitioners apprehension is that her evidence is not being recorded correctly by the learned Presiding Officer; she does not have confidence in the fairness of the proceedings.3. This Court finds no substance in the allegations.... Petitioners apprehension for not getting fair trial is imaginary. Record reveals that application moved ...


Apr 19 2018

Oriental Insurance Co Ltd. Vs.lalu Kumar and Ors.

Court: Delhi

Decided on: Apr-19-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 19, 2018 + MAC.APP. 978/2015 1. ORIENTAL INSURANCE CO LTD. ..... Appellant Through: Mr. Amit Gaur & Mr. Pradeep Gaur, Advocates Versus LALU KUMAR AND ORS. ........ RESPONDENTS Through: Mr. S.N.Prashar, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Appellant is the insurer of Crane, which was involved in vehicular accident and vide impugned Award of 5th October, 2015, compensation of `16,16,679/- has been awarded to respondent-injured with interest @ 9% p.a. The facts, as noticed in the impugned Award are as under:-"According to petitioner, on 06.09.2008 at about 16.50 hrs he was standing on road near Dua Metal Factory, Badli Industrial Area. All of a sudden, a crane bearing registration No.HR-67-2982 being driven by respdt. No.1 (Jageswar Kumar) rashly and negligently on very high speed came there and hit him violently. Due to forcefull impact, he fell down on road and suffered severe multiple grievous injurie...


Apr 19 2018

Jagannath D Parkhi vs.y. Hari Kumar, Io Cbi & Ors.

Court: Delhi

Decided on: Apr-19-2018

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h April, 2018 + W.P.(CRL) 2099/2017 and Crl. M.A. No.11766/2017 (stay) JAGANNATH D PARKHI ........ Petitioner Represented by: Mr. Ashok K. Panigrahi and Mr. Rajvardhan Singh, Advocates. versus Y. HARI KUMAR, IO C B I & ORS ........ RESPONDENTS Represented by: Mr.Sanjeev Bhandari, Spl. P.P. for CBI. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. By this petition, petitioner seeks quashing of Regular Case No.R.C.2(S)/98/SCBI/CBI/DLI dated 28th August, 1998 registered by CBI against the petitioner and to declare that the respondents illegally arrested the petitioner, thus are liable to pay exemplary damages and also action against respondents for false and frivolous case foisted on the petitioner.2. Above noted FIR was registered on a written complaint received by Superintendent of Police from J.C. Tiwari, Inspector/SCB-II on 24th August, 1998 alleging that the petitioner had cheated Government of India to the tun...


Apr 19 2018

Anita vs.sbi Gen Ins Co Ltd & Ors

Court: Delhi

Decided on: Apr-19-2018

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI ANITA Date of Decision:19. 04.2018 + CM(M) 371/2018 Through: Mr.Anshuman Bal, Adv. with ........ Petitioner petitioner in person. versus SBI GEN INS CO LTD & ORS ........ RESPONDENTS Through: Mr.Sameer Nandwani, Adv. for R-1. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. Vide the present petition, the petitioner impugns an order dated 18.01.2018 passed by the Motor Accident Claims Tribunal, Rohini Courts, Delhi in MACT Case No.5604/16, rejecting her application for pre-mature release of the amount lying in FDRs in her favour in accordance with the award dated 02.06.2017.2. The brief facts as set out in the petition are that the petitioners husband Late Shri Raj Kumar had met with a fatal car accident on 12.01.2015 being driven by one Shri Lal CM(M) 371/2018 Page 1 of 4 Bahandur. The said offending vehicle was duly insured with SBI General Insurance Company Ltd. i.e. respondent No.1.3. Vide the aforesaid award dated 02.06.2...


Apr 19 2018

Shri Ram General Ins Co Ltd vs.champa & Ors

Court: Delhi

Decided on: Apr-19-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: April 19, 2018 + MAC.APP. 691/2015 & CM179372015 + MAC.APP. 692/2015 & CM179472015 + MAC.APP. 693/2015 & CM431702015 + MAC.APP. 694/2015 & CM179642015 + MAC.APP. 695/2015 & CM179672015 SHRI RAM GENERAL INS CO LTD Versus RAVI & ORS MUKESH & ORS CHAMPA & ORS UMESH & ORS SANJAY @ SANJAY KUMAR & ORS ..... Appellant Through: Mr. Sameer Nandwani, Advocate .....Respondents Through: Ms. Guremeet Kaur Chawla, Advocate for Ms. Babita Tyagi, Advocate for respondents-Claimants + MAC.APP. 70/2017 CHAMPA & ORS .....Appellants Through: Ms. Guremeet Kaur Chawla, Advocate for Ms. Babita Tyagi, Advocate Versus SHRI RAM GENERAL INSURANCE CO LTD Through: Mr. Sameer Nandwani, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR MAC.APPs. 691-95/2015 & 70/2017 Page 1 of 7 1. JUDGMENT (ORAL) The above-captioned six appeals are directed against consolidated Award of 30th May, 2015 vide which the Motor Accident Claims Tribunal-02 (Central),...


Apr 19 2018

Subhash Chaudhary vs.nirmala Devi & Ors

Court: Delhi

Decided on: Apr-19-2018

$~7 * % + Date of Decision:19. h April, 2018 FAO2282016 and C.M. Appl. 18806/2016 SUBHASH CHAUDHARY Through: Appellant in person. ..... Appellant versus NIRMALA DEVI & ORS Through: Mr. R.K. Nain, Advocate ........ RESPONDENTS IN THE HIGH COURT OF DELHI AT NEW DELHI CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the order dated 15th November, 2016 passed by the Commissioner, Employees Compensation whereby compensation of Rs.6,77,760/- along with interest @ 12% per annum has been awarded to respondents no.1 to 3.2. The appellant is the owner of property bearing No.RZ-B-30, Mahavir Vihar, Sector-1, Dwarka, New Delhi and he was constructing the second floor of the said property through the contractor (respondent No.4) in September, 2014. On 04th September, 2014 at about 08:45 A.M., two labourers namely, Laxmi Pandit and Ramesh were pulling an iron window frame using a rope from the second floor of the building when the rope suddenly broke down due to ...


Apr 19 2018

Manpreet & Anr. Vs.state (Govt. Of Nct of Delhi) & Anr.

Court: Delhi

Decided on: Apr-19-2018

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:19. 04.2018 CRL.M.C. 1498/2018 MANPREET & ANR ........ Petitioners versus STATE (GOVT OF NCT OF DELHI) & ANR Advocates who appeared in this case: For the... Petitioners ........ RESPONDENTS : Mr. S.K. Mishra and Mr. B.P. Pandey, Advocates. For the... RESPONDENTS : Mr. Mukesh Kumar, APP for the State. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1904.2018 SANJEEV SACHDEVA, J.(ORAL) CRL.M.C. 1498/2018 & Crl.M.A.5444/2018 (stay) 1.... Petitioners seek quashing of FIR No.385/2017 under Sections 354/380/498A IPC and Section 4 of Dowry Prohibition Act, based on a settlement. Subsequently, Section 376 IPC has been added after recording statement of the prosecutrix under Section 164 Cr.P.C.2. The allegation against the petitioner No.2, who is the sister of the petitioner No.1, is of alleged demand of dowry. Insofar as the CRL.M.C. 1498/2018 Page 1 of 3 petitioner No.1 is concerned, the allegations are not only of dem...


Apr 19 2018

Shri Ram General Ins Co Ltd vs.sanjay @ Sanjay Kumar & Ors

Court: Delhi

Decided on: Apr-19-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: April 19, 2018 + MAC.APP. 691/2015 & CM179372015 + MAC.APP. 692/2015 & CM179472015 + MAC.APP. 693/2015 & CM431702015 + MAC.APP. 694/2015 & CM179642015 + MAC.APP. 695/2015 & CM179672015 SHRI RAM GENERAL INS CO LTD Versus RAVI & ORS MUKESH & ORS CHAMPA & ORS UMESH & ORS SANJAY @ SANJAY KUMAR & ORS ..... Appellant Through: Mr. Sameer Nandwani, Advocate .....Respondents Through: Ms. Guremeet Kaur Chawla, Advocate for Ms. Babita Tyagi, Advocate for respondents-Claimants + MAC.APP. 70/2017 CHAMPA & ORS .....Appellants Through: Ms. Guremeet Kaur Chawla, Advocate for Ms. Babita Tyagi, Advocate Versus SHRI RAM GENERAL INSURANCE CO LTD Through: Mr. Sameer Nandwani, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR MAC.APPs. 691-95/2015 & 70/2017 Page 1 of 7 1. JUDGMENT (ORAL) The above-captioned six appeals are directed against consolidated Award of 30th May, 2015 vide which the Motor Accident Claims Tribunal-02 (Central),...


Apr 19 2018

Vinod Kumar & Anr. Vs.ajay Kumar Singhal

Court: Delhi

Decided on: Apr-19-2018

$~14 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"19th April, 2018 R.C. REV. 374/2015 VINOD KUMAR & ANR. ........ Petitioners Through: Mr. Dinesh Kumar Gupta, Mr. Vidit Gupta & Mr. Prakash Pandey, Advs. versus AJAY KUMAR SINGHAL ..... Respondent Through: Mr. Lalit Bhasin, Mr. Sanjay Gupta & Mr. Ajay Pratap Singh, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) Review Petition No.307/2016 1. The applicant in the review petition had instituted a case (E No.105/2013) on 19.03.2011 in the court of rent controller seeking an order of eviction on the ground of bona fide requirement under Section 14 (1) (e) of Delhi Rent Control Act, 1958 against the opposite party (non-applicants) in respect of premises described as shop at ground floor forming part of property No.4756/4758, Ward No.3, Laxmi Bazar, Cloth Market, Delhi -110006. On the application of the non-applicants (the tenants), leave to defend was granted and, thereafter, the case went to trial. On the basis of evidence...



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