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Delhi Court May 2018 Judgments

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May 29 2018

Abdul Rashid & Ors vs.sanjay & Ors (The New India Assurance Co Ltd )

Court: Delhi

Decided on: May-29-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. h MAY, 2018 $~35 * % + MAC.APP. 442/2018 ABDUL RASHID & ORS ..... Appellants SANJAY & ORS Through: Mr. Jatinder Kamra, Adv. versus (THE NEW INDIA ASSURANCE CO LTD ) ........ RESPONDENTS Through: Mr. R. K. Tripathi, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) CM APPL. 18742/2018 1. The delay of 20 days in filing the appeal is condoned. Application is disposed of. MAC.APP. 442/2018 2. The appellants have challenged the award of the Claims Tribunal whereby the compensation of Rs.70,000/- has been awarded to the appellants. The appellants are seeking enhancement of the award amount.3. On 03rd May, 2015 at about 5:30 PM, Abdul Rashid was going on his motorcycle from Meerut to Delhi with his wife, Hazra who was sitting as MAC. APP. 442/2018 Page 1 of 4 pillion rider when a speeding truck bearing No.HR-69A-6771 came from Garh side and hit the motorcycle which resulted in fatal injuries to Hazra. The deceased ...


May 29 2018

Mrs. Seema Sarin vs.the Hhec of India Ltd.

Court: Delhi

Decided on: May-29-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: May 29, 2018 W.P.(C) 5957/2018 & CMs 23210-11/2018 MRS. SEEMA SARIN ........ Petitioner Through: Mr. Hem C. Vashisht, Advocate versus THE HHEC OF INDIA LTD. Through: Nemo ..... Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Aggrieved by Seniority List (Annexure P-1), petitioner had made a Representation (Annexure P-4) to respondent on 11th May, 2018 while pointing out that persons, who were junior to petitioner, have been shown senior in the said list.2. Learned counsel for petitioner submits that there is no response to the aforesaid Representation (Annexure P-4) and that Departmental Promotion Committee meeting is to take place shortly to consider the case for promotion from Assistant Managers to Deputy Managers and before the promotions take place, petitioners Representation (Annexure P-4) against Seniority List (Annexure P-1) ought to be considered.3. Despite service of advance notice, there is no Represen...


May 29 2018

Vijay Gupta vs.krishan Babbar & Anr

Court: Delhi

Decided on: May-29-2018

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :29. h May, 2018 + VIJAY GUPTA ........ Petitioner CONT.CAS(C) 825/2017 Through: Mr. Rohan Garg, Advocate (M- 9811381190) along with... Petitioner in person. versus KRISHAN BABBAR & ANR CORAM: JUSTICE PRATHIBA M. SINGH ........ RESPONDENTS Through: Mr. Gaurav Sahrawat, Advocate. (M-8800488688) Prathiba M. Singh, J.(Oral) CONT.CAS(C) 825/2017 1. The present contempt petition has been filed alleging violation of order dated 15th April, 2010. The said order extracted herein below: - CM No.6715/2010 Exemption granted subject to all just exceptions. The application stands disposed of accordingly. RFA2302010 Issue notice to the respondents to show cause as to why the appeal be not admitted by ordinary process, registered A.D. post as also through the approved courier on the appellant taking the necessary steps within one week, returnable on 12th July, 2010. CM No.6714/2010 (stay) the Issue notice of respondents, returnable on 12...


May 29 2018

Anila Dasgupta (Deceased) Thr Lrs vs.maya Bhattacharjee (Deceased) Thr ...

Court: Delhi

Decided on: May-29-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h May, 2018 CM(M) 11/2017 & CM No.239/2017 (for stay) ANILA DASGUPTA (DECEASED) THR LRS ....... Petitioner Through: Mr. S.K. Bhandari, Ms. Vandana and Mr. Prem Prakash, Advs. Versus ..... Respondent * % + MAYA BHATTACHARJEE (DECEASED) THROUGH LRS Through: Mr. P.K. Maitra, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This petition under Article 227 of the Constitution of India impugns the order [dated 19th November, 2016 in CS SCJ No.7841/2016 of the Court of Civil Judge-04 (West), Tis Hazari Courts, Delhi]. allowing the application of the respondent/plaintiff under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the plaint.2. The petition came up first before this Court on 4th January, 2017 when notice thereof was ordered to be issued and on the application of the petitioner/defendant, the operation of the order impugned was stayed and owing whereto, the proceedings in the suit from which t...


May 29 2018

Vijay Kumar Sahu & Anr. Vs.govt. Of Nct and Ors

Court: Delhi

Decided on: May-29-2018

$~8 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:29. h May, 2018 + W.P.(C) 7785/2017 VIJAY KUMAR SAHU & ANR. ........ Petitioners Through: Ms. Anamika Ghai Niyazi, Advocate versus GOVT. OF NCT AND ORS ....... RESPONDENTS Through: Ms. Isha Khanna, Advocate for Ms. for Nidhi Raman, Advocates respondents no.1 and 3. Mr. Sriharsha Peechara, Standing Counsel with Ms. Vidhi Jain, Advocate for SDMC. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. The petitioners have filed the present writ petition under Article 226 of the Constitution of India. The petitioners claim to be hawking at their respective sites opposite Nehru Enclave, next to CNG Petrol Pump, Kalkaji, Nehru Place, New Delhi for the last 21 years. The petitions were admittedly removed in the month of August, 2017.2. Ms. Anamika Ghai Niyazi, learned counsel appearing on behalf of the petitioners submits that the petitioners are regular street vendors and thei...


May 29 2018

M/S Ranchi Catholic Archdcocese & Ors. Vs.chandra Jyoti Book Publisher ...

Court: Delhi

Decided on: May-29-2018

$~9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h May, 2018 CM(M) 659/2018 and CM APPL.23235-23236/2018 M/S RANCHI CATHOLIC ARCHDCOCESE & ORS. ........ Petitioners Through: Mr. Abhik Kumar, Adv. with Mr. Rinku Mathur, Adv. versus CHANDRA JYOTI BOOK PUBLISHER & DISTRIBUTORS ........ RESPONDENTS Through: CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 ORDER (ORAL) The petitioners are first, second and fourth defendants jointly contesting the civil suit (CS No.199/2017), the third defendant also connected with the first petitioner having died the proceedings against him having since abated. The suit was instituted in March, 2003 seeking, inter alia, recovery of Rs.70,63,785/- against goods (books) supplied statedly pursuant to an agreement dated 05.04.1988 executed by the deceased defendant. The suit is being contested by the petitioners, inter alia, on the averments that the document described as agreement dated 05.04.1988 and connected documents described as receipts are forged and...


May 29 2018

Iffco Tokio General vs.indra Devi & Ors

Court: Delhi

Decided on: May-29-2018

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 1135/2017 IFFCO TOKIO GENERAL Date of Decision:29. h May, 2018 ..... Appellant Through: Mr. Mrinal Harshvardhan, Advocate versus INDRA DEVI & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate for respondents No.1 to 5 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA ]. JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.22,95,700/- has been awarded to respondents No.1 to 5.2. The accident dated 08th February, 2015 resulted in the death of Gajraj. The deceased aged 27 years was working as a driver and he was survived by his widow, mother and three minor sons who filed the claim petition. The Claims Tribunal took the minimum wages of Rs.8,632/- in respect of an un- skilled worker as income of the deceased, deducted 1/4th towards his personal expenses and applied the multiplier of 17 to compute the loss of dependency as Rs.13,20,696/-. The Claims Tribunal awarded Rs.4,50,00...


May 29 2018

Villayati Ram Mittal Pvt. Ltd. & Ors. Vs.institute for Socialist Educa ...

Court: Delhi

Decided on: May-29-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h May, 2018 CM(M) No.769/2017 & CM No.26038/2017 (for stay) VILLAYATI RAM MITTAL PVT. LTD. & ORS. .... Plaintiffs Through: Ms. Risha Mittal, Adv. Versus INSTITUTE FOR SOCIALIST EDUCATION ...Defendant Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This petition under Article 227 of the Constitution of India impugns the order [dated 25th April, 2017 in CS No.58677/2016 of the Court of Additional District Judge (ADJ)-01, Patiala House Courts, New Delhi]. of dismissal of the application of the petitioners / defendants under Section 8 of the Arbitration & Conciliation Act, 1996 as not maintainable for the reason of the petitioners / defendants, along with the application, having filed merely a scanned copy of the Collaboration Agreement containing the arbitration clause and not the original Collaboration Agreement containing the arbitration clause or certified copy thereof.2. The petition came up before this C...


May 29 2018

Ninika Dhawan vs.union of India & Anr

Court: Delhi

Decided on: May-29-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: May 29, 2018 W.P.(C) 5999/2018 & CM Nos. 23374-75/2018 NINIKA DHAWAN ........ Petitioner Through: Mr. Jayant Mehta, Ms. Shruti Iyer, Mr. Ananda K and Mr.Subhankar, Advocates versus UNION OF INDIA & ANR .....Respondents Through: Mr. Rakesh Kumar, CGSC for R-1 Mr. Naresh Kaushik, Mr. Omung Gupta, Mr. Devik Singh and Mr. Naman Maheshwari, Advocates For R-2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner had appeared for Civil Services Examination, 2017 and according to her, as per the results declared, she had secured 1027 marks and had got All India Rank - 264 but was shocked to discover that she had been awarded 15 penalty marks. Aggrieved by deduction of penalty marks, this writ petition has been filed. At the outset, learned counsel for respondent questions the maintainability of this petition by relying upon Section 14 (1)(a) of the Administrative Tribunals Act, 1985 to submit that all the matters concerning ...


May 29 2018

Rajesh Sharma vs.university Grant Commission and Anr.

Court: Delhi

Decided on: May-29-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~14 * + W.P.(C) 5955/2018 & CM Nos.23206-08/2018 RAJESH SHARMA ........ Petitioner Through: Mr.Nitin S.Tambwekar & Mr.Seshatalpa Sai Bandaru, Advs. versus UNIVERSITY GRANT COMMISSION AND ANR. ........ RESPONDENTS CORAM: HONBLE MS. JUSTICE HIMA KOHLI HONBLE MS. JUSTICE PRATIBHA RANI Through: None ORDER2905.2018 The petitioner is aggrieved by the order dated 04.01.2018, % 1. whereby the Tribunal has dismissed the Original Application filed by him praying inter alia that the selection process dated 13.04.2010, for the post of Dispatch Rider undertaken by the respondent No.1/UGC be quashed and set aside and consequential orders be passed.2. Briefly stated, the facts of the case as gleaned from the record are that vide letter dated 15.01.2010, the respondent No.1/UGC had sent a requisition to the Employment Exchange, Pusa Road, New Delhi to fill up one post of Dispatch Rider in the pay-scale of `5200 W.P.(C)5955/2018 Page 1 of 6 20200/- plus `1900/-...


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