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Delhi Court August 2018 Judgments

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Aug 31 2018

Tarun Panwar vs.state (Govt. Of Nct of Delhi) & Anr.

Court: Delhi

Decided on: Aug-31-2018

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:31. 08.2018 CRL.M.C. 4387/2018 TARUN PANWAR ........ Petitioner versus STATE (GOVT OF NCT OF DELHI) & ANR........ RESPONDENTS Ms. Latika Chaudhary, Advocate. Advocates who appeared in this case: For the... Petitioner : For the... RESPONDENTS: CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Sanjeev Sabharwal, APP for the State. SI Ram Bhajan, PS Baba Haridas Nagar. JUDGMENT3108.2018 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner seeks quashing of FIR No.488/2015 under Sections 498A/406 IPC, Police Station Baba Haridas Nagar (South West).2. On oral prayer of the petitioner, petitioner Nos.2 to 5, who are the mother, sister and two sons are impleaded as petitioners. Amended memo of parties along with their supporting affidavits are taken on record. CRL.M.C. 4387/2018 Page 1 of 3 3. The subject FIR emanates out of matrimonial discord.... Petitioner No.1 is the husband of respondent No.2.... Petitioner No.2 is the mother-...


Aug 31 2018

Arvinder Walia vs.icici Lombard General Insurance Co Ltd & Ors.

Court: Delhi

Decided on: Aug-31-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: August 31, 2018 + MAC.APP. 422/2016 & C.M. 18889/2016 ARVINDER WALIA (OWNER) ..... Appellant Through: Mr. K.C.Mittal, Ms. Ruchika Mittal, Mr. Anil Kumar Verma, Ms. Asha Rani & Mr. Y.Mittal, Advocates Versus ICICI LOMBARD GENERAL INSURANCE CO LTD & ANR. ........ RESPONDENTS + MAC.APP. 448/2016 & C.M. 20326/2016 Through: Mr. A.K.Soni, Advocate ARVINDER WALIA (OWNER) ..... Appellant Through: Mr. K.C.Mittal, Ms. Ruchika Mittal, Mr. Anil Kumar Verma, Ms. Asha Rani & Mr. Y.Mittal, Advocates Versus ICICI LOMBARD GENERAL INSURANCE CO LTD & ORS. ........ RESPONDENTS Through: Mr. A.K.Soni, Advocate + MAC.APP. 449/2016 & C.M. 20444/2016 ARVINDER WALIA ..... Appellant Through: Mr. K.C.Mittal, Ms. Ruchika Mittal, Mr. Anil Kumar Verma, Ms. Asha Rani & Mr. Y.Mittal, Advocates Page 1 of 5 Versus MAC.APP. 422/2016 MAC.APP. 448/2016 MAC.APP. 449/2016 1. ICICI LOMBARD GENERAL INSURANCE CO LTD & ORS. ........ RESPONDENTS Through: Mr. A.K.Soni, Ad...


Aug 31 2018

Sunder Lal Raj Kumar vs.murari Lal Gupta

Court: Delhi

Decided on: Aug-31-2018

$~54 & 55 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31. t August, 2018 SUNDER LAL RAJ KUMAR % + WP(C) 6748/2013 & CM APPL. 14646/2013 MURARI LAL GUPTA versus Through: Mr. K. Sunil, Adv. ........ Petitioner ..... Respondent Through: Mr. D.K.Pandey and Mr. Sunil Dwivedi, Advs. SUNDER LAL RAJ KUMAR + WP(C) 6749/2013 & CM APPL. 14648/2013 BALRAM KANSAL versus Through: Mr. K. Sunil, Adv. ........ Petitioner ..... Respondent Through: Mr. D.K.Pandey and Mr. Sunil Dwivedi, Advs.1. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) The issues of fact and law, arising in these two writ petitions, are cognate and, to an extent, common, involving consideration of the same legal issues and leading to the same conclusion. They are, therefore, being decided by this common judgement. In order to facilitate an easier appreciation of the controversy, however, I would be deciding the issues arising for controversy in the context of WP (C) 6748/2013 (M/s Sunder Lal Raj Kumar v. Mur...


Aug 31 2018

Mrs Karuna Singh vs.state & Anr.

Court: Delhi

Decided on: Aug-31-2018

$~13 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t August, 2018 + CRL.M.C. 3551/2017 and Crl.M.A.14453/2017 MRS KARUNA SINGH ........ Petitioner Through: Mr. Maninder Singh, Advocate with Mr. Abhishek Swaroop, Ms. Smriti Asmita, & Mr. Naman Bagga, Advocates versus STATE & ANR. ........ RESPONDENTS Through: Mr. Mukesh Kumar, APP for the State Mr. S.S. Jauhar, Advocate with Mr. Jai Prakash, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner had instituted a criminal complaint (CC No.215/1/2010) on 24.09.2004 against the second respondent alleging offence under Section 138 of the Negotiable Instruments Act, 1881 having been committed on account of non-payment inspite of notice of demand issued and statedly served in the wake of dishonor of a cheque No.544936 dated 01.09.2004, drawn against account of the second respondent (the accused) with Bank of India, Okhla Industrial Area, Branch, New Delhi. The said cheque for Rs.25 lacs had statedly been issued ...


Aug 31 2018

Ravinder Pratap Singh vs.state Govt. Of Nct of Delhi & Anr.

Court: Delhi

Decided on: Aug-31-2018

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:31. 08.2018 CRL.M.C. 3345/2013, & Crl. M.A. 12316/2013, 12767/2016 & 31154/2018 RAVINDER PRATAP SINGH ........ Petitioner STATE GOVT. OF NCT OF DELHI & ANR. versus ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : For the... RESPONDENTS: Mr. Ravinder Pratap Singh, Advocate in person. Mr. Panna Lal Sharma, Addl. PP for the State with SI Sunil Dagar Mr. Kamal Anand, Adv. for R-2 CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT3108.2018 SANJEEV SACHDEVA, J.(ORAL) 1. Mr. Kamal Anand, Advocate for respondent No.2 prays for an adjournment. Keeping in view the facts and circumstances, I am not inclined to accede to the request.2. The petitioner is an accused in FIR No.237 of 2012 under Sections 420/468/471 of the IPC registered at Police Station Safdarjung Enclave, New Delhi. CRL.M.C. 3345/2018 Page 1 of 3 3. The subject FIR was registered on the complaint of the wife of the petitioner...


Aug 31 2018

Uttar Pradesh State Road Transport Corporation vs.sudhakar & Ors

Court: Delhi

Decided on: Aug-31-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: August 31, 2018 + MAC.APP. 625/2017 & CM255482017 + MAC.APP. 627/2017 & CM255612017 UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Mr. Shadab Khan, Advocate for Ms. Garima Prashad, Advocate Versus SUDHAKAR & ORS .....Respondents Through: Mr. Jatinder Kamra, Advocate for respondents No.1 to 3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) In the above-captioned appeals, the challenge is to Award of 18th 1. April, 2017 rendered by Motor Accident Claims Tribunal (henceforth referred to as the Tribunal), which grants compensation of `7,36,472/- with interest @ 10% per annum, to legal heirs of deceased-Rajendra Kumar, aged 45 years, and compensation of `7,19,672/- with interest @ 10% per annum, to legal heirs of deceased-Veerwati, aged 42 years.2. The factual background of this case, as noticed in the impugned Award, is as under:-"The facts common to both the petitions are like this. MAC.APPs. 625 & ...


Aug 31 2018

M/S Man Industries (India) Ltd vs.iocl

Court: Delhi

Decided on: Aug-31-2018

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. 08.2018 + FAO(OS) 125/2017 M/S MAN INDUSTRIES (INDIA) LTD Through: None. ..... Appellant IOCL versus Through: Mr. Abhinav Vasisht, ..... Respondent Sr. Advocate with Mr. Rajat Navet and Mr. Kushagra Pandit, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % CM APPL. 15221/2017 (for condonation of delay) 1. For the reasons mentioned in the application, the delay of 25 days in filing the instant appeal is hereby condoned. Application stands disposed of. FAO(OS) 125/2017 2. The appellant is not represented today. It was not represented even on the previous date of hearing.3. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter the Act) challenges the judgment FAO(OS) 125/2017 Page 1 of 6 and order of the learned Single Judge to the extent it allowed Section 34 petition of the respondent-Indian Oil Corpo...


Aug 31 2018

Rakesh vs.iffco Tokio Gen Ins Co Ltd and Ors

Court: Delhi

Decided on: Aug-31-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31. t August, 2018 IFFCO TOKIO GENERAL INSURANCE COMPANY LTD Through: Mr.Brijesh Bagga, Advocate versus ..... Appellant ........ RESPONDENTS Through: Mr.Manu Shahalia, Advocate for R-1 $~ 1 & 2 * % + MAC.APP. 346/2017 1 RAKESH & ORS + MAC.APP. 327/2018 2 RAKESH Through: Mr.Manu Shahalia, Advocate versus ..... Appellant IFFCO TOKIO GEN INS CO LTD AND ORS ........ RESPONDENTS Through: Mr.Brijesh Bagga, Advocate for R-3 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The parties have challenged the award of the Claims Tribunal whereby compensation of Rs.16,08,100/- has been awarded to the claimant.2. The accident dated 14th July, 2015 resulted in amputation of right lower limb of Rakesh (hereinafter referred as claimant). He remained hospitalized from 14th July, 2015 to 23rd July, 2015 and 30th July, 2015 to 08th August, 2015. The amputation resulted in 70% of permanent disability MAC.APP. 346/2017 & MAC.APP. 327/2018 Page ...


Aug 31 2018

Amar Singh vs.govt of Nct of Delhi and Ors

Court: Delhi

Decided on: Aug-31-2018

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgement:31. t August, 2018 + W.P.(C) 11189/2017 AMAR SINGH .....Petitioner Through: Mr. Lalit Kumar Rawal, Advocate. versus GOVT. OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Yeeshu Jain, Standing Counsel with for Jyoti Tyagi, Advocate, Ms. L&B/LAC. Arjun Pant, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.(Oral) 1. This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to (03-00) 1/24th share of the land comprised in Khasra No.89/3/1(07-16) and 89/3/2(64-05) admeasuring 72 Bighas 01 Biswa situated in the revenue estate of village Ghonda Gujran Khadar Shahdra, 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, Rehabil...


Aug 31 2018

Seema Sharma vs.reliance Gen Ins Co Ltd & Ors.

Court: Delhi

Decided on: Aug-31-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of Decision: August 31, 2018 + MAC.APP. 198/2017 & CM85272017 + MAC.APP. 199/2017 & CM86992017 + MAC.APP. 202/2017 & CM86462017 + MAC.APP. 203/2017 & CM86962017 + MAC.APP. 204/2017 & CM87002017 SEEMA SHARMA SEEMA SHARMA & ANR SEEMA SHARMA & ANR. SATINDER KUMAR SANTOSH KUMAR .....Appellants Through: Mr. Anshuman Bal, Advocate 1. Versus RELIANCE GEN INS CO LTD & ORS. .....Respondents Through: Mr. Rajeev M. Roy and Mr. P. Srinavasan, Advocates for respondent No.1 Mr. Yeeshu Jain, Advocate for respondents No.4 and 5 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) The above captioned five appeals arise out of common impugned Award of 29th September, 2016. With the consent of learned counsel for the parties, these five appeals have been heard together and are being decided by this common judgment.2. In this unfortunate accident, Priyanka, aged 16 years and Happy, aged 10 years have died and their parents-Satinder and Seema as well as MAC.A...


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