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Delhi Court July 2018 Judgments

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Jul 30 2018

National Insurance Co Ltd. Vs.varun Mahlawat & Anr.

Court: Delhi

Decided on: Jul-30-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 598/2017 Date of Decision: July 30, 2018 NATIONAL INSURANCE CO LTD. Versus Through: Mr. Sanjay Rawat, Advocate ..... Appellant VARUN MAHLAWAT & ANR. ..... Respondent Through: Mr. Rajesh Yadav & Ms. Ruchira + MAC.APP. 601/2017 Arora, Advocates NATIONAL INSURANCE CO LTD Through: Mr. Sanjay Rawat, Advocate ..... Appellant Versus VARUN MAHLAWAT ..... Respondent Through: Mr. Rajesh Yadav & Ms. Ruchira + MAC.APP. 651/2017 Arora, Advocates VARUN MEHLAWAT & ANR. ..... Appellants Through: Mr. Rajesh Yadav & Ms. Ruchira Arora, Advocates Versus PIYOOSH GUPTA & ORS (THE NATIONAL INSURANCE CO LTD) Through: Mr. Sanjay Rawat, Advocate ........ RESPONDENTS MAC.APP. 598/2017 MAC.APP. 601/2017 MAC.APP. 651/2017 MAC.APP. 655/2017 Page 1 of 7 + MAC.APP. 655/2017 1. VARUN MEHLAWAT & ORS. ..... Appellants Through: Mr. Rajesh Yadav & Ms. Ruchira Arora, Advocates Versus PIYOOSH GUPTA & ORS. (THE NATIONAL INSURANCE CO LTD) Through: Mr. Sanjay Rawat, Advocate...


Jul 30 2018

Harish Agarwal vs.gaon Sabha Rajokri & Ors

Court: Delhi

Decided on: Jul-30-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h July, 2018. RSA2772017 & CM No.44350/2017 (for stay) HARISH AGARWAL * % + CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 GAON SABHA RAJOKRI & ORS Versus Through: Mr. Sanjeev Mahajan, Advocate ..... Appellant ........ RESPONDENTS Through: Ms. Barnali Basak, Adv. for R1-R4 This second appeal under Section 100 of the CPC impugns the judgment and decree [dated 25th October, 2017 in RCA DJ No.5306/2016 of the Court of Additional District Judge, New Delhi]. allowing the first appeal under Section 96 of the CPC preferred by the respondents / defendants against the judgment and decree [dated 11th December, 2015 in Suit No.407/2015 (UID No.02401C0384682002) of the Court of Civil Judge-14, Central]. allowing the suit of the appellant / plaintiff against the respondents / defendants for permanent injunction restraining the respondents / defendants from interfering or demolishing any part of structure on the Farm House belonging to the...


Jul 30 2018

Vinod Kumar vs.state

Court: Delhi

Decided on: Jul-30-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h July, 2018 CRL.A. 729/2017 RAHUL @ KAKE @ RAJU ..... Appellant Represented by: Mr.K.Singhal, Advocate versus STATE Represented by: Ms.Meenakshi Chauhan, APP for the ..... Respondent + CRL.A. 748/2017 State with Insp.Balbir Singh, PS Vijay Vihar VINOD KUMAR ..... Appellant Represented by: Mr.Neeraj Bhardwaj, Advocate versus STATE Represented by: Ms.Meenakshi Chauhan, APP for the ..... Respondent State with Insp.Balbir Singh, PS Vijay Vihar CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. By the present appeals, the appellants challenge the impugned judgment dated 31st May, 2017 convicting them for the offence punishable under Section 304 (Part I) IPC read with Section 34 IPC and the order on sentence dated 9th June, 2017 directing them to undergo rigorous CRL.A. 729/2017 & CRL.A. 748/2017 Page 1 of 11 imprisonment for a period of ten years each and to pay a fine of 10,000/- each and in default of payment of fi...


Jul 30 2018

Ashok Kumar Sharma & Ors vs.state (Nct of Delhi)

Court: Delhi

Decided on: Jul-30-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : July 30, 2018 CRL.A. 255/2015 PANKAJ SHARMA ..... Appellant Through: Mr.Vikram Singh Panwar, Mr.Mirza Hasan Beg and Mr.Vikas Walia, Advocates. versus STATE NCT OF DELHI ..... Respondent Through: Mr.Rajat Katyal and Ms.Aasha Tiwari, APP for the State with SI Manish Tyagi, PS Gandhi Nagar. Mr.S.S. Gandhi, Senior Advocate with Mr.Gagan Minocha and Mr.Bhavook Chauhan, Advocates for the complainant. WITH + CRL.A. 270/2015 MANOJ KUMAR & ANR ..... Appellant Through: Mr.A.K. Choudhary, Ms.Puja Shrivastava and Mr.Anil Choudhary, Advocates for appellant no.1. Mr.Rajeshwar Singh, Advocate for appellant no.2. versus Crl.A.255,270,302,312,329,418of2015 Page 1of 75 STATE (NCT OF DELHI) ..... Respondent Through: Mr.Rajat Katyal and Ms.Aasha Tiwari, APP for the State with SI Manish Tyagi, PS Gandhi Nagar. Mr.S.S. Gandhi, Senior Advocate with Mr.Gagan Minocha and Mr.Bhavook Chauhan, Advocates for the complainant. WITH + CRL.A. 302/2015 A...


Jul 30 2018

Sh. Sudesh Kakkar vs.sh. Satish Mittal

Court: Delhi

Decided on: Jul-30-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.216/2017 + % SH. SUDESH KAKKAR30h July, 2018 ..... Appellant Mr. S.K. Anand, Advocate. Through: versus SH. SATISH MITTAL Through: Mr. Sameer Nandwani, ..... Respondent Advocate with Mr. Pankaj Singh Thakur, Advocate. 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 28.11.2016 by which trial court has dismissed the suit for recovery of money filed by the appellant/plaintiff/proposed buyer against the respondent/defendant/proposed seller. A money decree of Rs.6,46,500/- was prayed by the appellant/plaintiff on the ground that the amount of Rs.6 lacs was paid under the subject Agreement to Sell RFA No.216/2017 Page 1 of 38 and this should be returned alongwith interest totaling to the amount of Rs.6,46,500/-.2....


Jul 30 2018

Sandeep Kumar Sharma vs.the State (Govt. Of Nct of Delhi) & Anr.

Court: Delhi

Decided on: Jul-30-2018

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 3740/2018 Judgment delivered on:30. 07.2018 SANDEEP KUMAR SHARMA ........ Petitioner versus THE STATE (GOVT. OF NCT OF DELHI) & ANR ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr. Kamal Kr. Ghai, Addl. PP for the State with SI Brij Mohan Mr. Nitin, Advocate for R-2 Mr. Keshava, Adv. along with petitioner in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT3007.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 28762/2018 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 3740/2018 1. The petitioner seeks quashing of FIR No.254 of 2015 under Sections 354-A/506/509 of the IPC registered at Police Station CRL.M.C. 3740/2018 Page 1 of 3 Mansrovar Park, Delhi, based on a settlement.2. The charge sheet has only been filed under Section 354-A of the IPC. The parties were referred to mediation and parties have settled before Delhi Mediation Centre on 22.01.2018.3. T...


Jul 30 2018

Shri Waryam Dass Khurana & Anr. Vs.union of India & Ors.

Court: Delhi

Decided on: Jul-30-2018

$~50 * % + W.P.(C) 9873/2017 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:30. h July, 2018 SHRI WARYAM DASS KHURANA & ANR. ........ Petitioners Through: Mr.Bhagwat Pershad Gupta and Ms.Priyanka Aggarwal, Advts. UNION OF INDIA & ORS. versus ........ RESPONDENTS Through: Mr.R.K.Sharma, Adv. for LAC/L&B. Mr.Ajay Verma, Sr.Standing counsel for DDA with Mr.Shlok Chandra, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. This petition has been filed by the petitioners under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings initiated in respect of the land of petitioners comprised in Khasra no.585, measuring 400 sq. yds. situated in the revenue estate of village Karkardooma, Delhi (hereinafter referred to as the subject land) are deemed to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettle...


Jul 30 2018

Future Generali India Insurance Co Ltd. Vs.swati Jain & Ors

Court: Delhi

Decided on: Jul-30-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of Decision: July 30, 2018 FUTURE GENERALI INDIA INSURANCE CO LTD....Appellant Through: Mr. Rajeev M. Roy, Advocate + MAC.APP. 979/2016 & CM436002016 + MAC.APP. 981/2016 & CM436722016 + MAC.APP. 982/2016 & CM437092016 + MAC.APP. 985/2016 & CM438782016 Versus UMESH CHAND JAIN & ORS RASHMIKA JAIN & ORS SWATI JAIN & ORS AJAY KUMAR JAIN & ORS .....Respondents Through: Mr. Sanjay Kumar Singh and Mr. Rakesh Satija, Advocates for respondents-Claimants CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 24th September, 2016 rendered by Motor 1. Accident Claims Tribunal (henceforth referred to as the Tribunal) grants compensation to respondents-Claimants on account of death of a businessman-Ashish S/o Rajender Kumar Jain, aged 34 years; a Senior Finance Officer-Abhishek S/o Ajay Kumar Jain, aged 28 years and an Executive-Nidish, son of Umesh Chand Jain, aged 28 years and a Sales Executive-Abhishek S/o Anand Jain, aged 29 years. ...


Jul 30 2018

Daulat Ram Gupta vs.usha Gupta

Court: Delhi

Decided on: Jul-30-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h July, 2018. MAT.APP. 15/2011 DAULAT RAM GUPTA .... Appellant Through: Ms. Pariksha & Ms. Swati, Advs. Versus ..... Respondent Through: Mr. Yudhvir Singh Chauhan, Adv. USHA GUPTA CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This appeal under Section 28 of the Hindu Marriage Act, 1955 impugns the judgment [dated 13th October, 2010 in HMA No.R1762006 of the Court of Additional District Judge-01 (West), Delhi]. of dismissal of a petition for dissolution of marriage by a decree of divorce under Section 13(1)(ia) and (ib) of the Act filed by the appellant / husband.2. The appeal came up first before this Court on 4th March, 2011 when notice thereof was ordered to be issued. The counsel for the respondent / wife has been appearing. On the last date of hearing i.e. 16th May, 2018, parties were referred to Mediation Cell of this Court. Mediation has been unsuccessful. The counsels for the parties have been heard.3. The couns...


Jul 30 2018

Union of India vs.pradeep Vinod Const., Co.

Court: Delhi

Decided on: Jul-30-2018

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :30. h July, 2018 + O.M.P. 296/2005 & I.A. 6390/2005 UNION OF INDIA PRADEEP VINOD CONST., CO. CORAM: JUSTICE PRATHIBA M. SINGH ........ Petitioner Through: Ms. Geetanjali Mohan, Advocate. versus (M-9810017132) ..... Respondent Through: Mr. S. W. Haider, Advocate. (M-9311307710) Prathiba M. Singh, J.(Oral) 1. The present petition has been filed under Section 34 of the Arbitration & Conciliation Act, 1996 (1996 Act), challenging the award dated 16th May, 2005 passed by the Arbitral Tribunal. The only issue that has been raised in the present petition is in respect of award of interest by the Tribunal.2. The submission of Ms. Geetanjali Mohan, learned counsel for the... Petitioner, is that the pre-reference interest and pendente lite interest cannot be granted by the Arbitrators in view of clause 16 of the General Conditions of Contract (hereinafter, GCC). She relies upon the judgment of the Supreme Court in Sri Chittaranjan M...


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