Delhi Court July 2019 Judgments
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Shriram Gic Insurance Co. Ltd. Vs.kamla Shankar & Ors.
Court: Delhi
Decided on: Jul-25-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI $~42 * % + MAC.APP. 1142/2018, CM APPL. 53484/2018 & CM APPL. Decided on:25. 07.2019 10194/2019 SHRIRAM GIC INSURANCE CO LTD ..... Appellant Through: Mr. Amit Kumar, Advocate. versus KAMLA SHANKAR & ORS Through: ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. The appellant impugns the award of compensation on the ground that when the physical disability was merely 58% in both the lower limbs, the functional disability has been considered as 80%.2. On a query put to the learned counsel for the appellant as to whether the disabled labourer, who was working as a helper with Delhi MRTS Project, Phase-III through M/s FEMC Pratibha JV, Delhi, would be able to carry on his work as a helper, he fairly concedes that because of 58% of both lower limbs being non functional, the injured victim is not likely to ever discharge the same nature of work and responsibilities. Likewise, the learned MACT has recorded that the c...
Ms. Deepika Kapila vs.director of Education and Ors.
Court: Delhi
Decided on: Jul-25-2019
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. 07.2019 + W.P.(C) 5860/2018 & CM APPLN. 22817/2018 MS. DEEPIKA KAPILA ........ Petitioner Through Mr.V.K. Garg, Sr. Adv. with Mr.Somyajit Pani, Ms.Noopur Dubey & Mr.Chhittranjan Singh, Advs. versus DIRECTOR OF EDUCATION AND ORS. Through Ms.Latika Chaudhary, Adv. ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) 1. Vide the present petition, the petitioner seeks direction thereby quashing the impugned suspension order dated 23.05.2003 and impugned charge memo dated 09.03.2018.2. Further seeks direction to reinstate the petitioner w.e.f. 23.01.2003 along with the payment of arrears, accruals, back wages and other consequential benefits.3. Brief facts of the case are that the petitioner was appointed as Language Teacher (Hindi-Gen]. in the pay scale of 5500-175-9000 by W.P.(C) 5860/2018 Page 1 of 15 respondent no.1 on 09.12.1997 and subsequently selected by the selection committee as PGT [Hi...
M/S Mukesh Agencies vs.commissioner, Trade & Taxes & Ors.
Court: Delhi
Decided on: Jul-25-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI $~30 * + W.P.(C) 13272/2018 and CM APPL. 51615/2018 (Direction) M/S MUKESH AGENCIES ........ Petitioner Through: Mr.Varun Nischal, Mr.Arif Ahmed Khan and Ms. Gauri Grover, Advocates. versus COMMISSIONER, TRADE & TAXES & ORS. ........ RESPONDENTS Through: Mr.Satyakam, ASC/GNCTD. Mr.P.W. Tapri, AVATO, Ward-3. Mr.Akshay Allagh, DTT, GNCTD. CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH % ORDER2507.2019 Dr. S. Muralidhar, J.:1. The... Petitioner is aggrieved by the failure of the... RESPONDENTS and in particular the Objection Hearing Authority (OHA) to dispose of the... Petitioners objections filed against the assessment order for the second quarter of 2009-10.2. The facts in brief are that the... Petitioner is a proprietorship registered under the Delhi Value Added Tax Act, 2004 (DVAT Act) as well as under the Central Sales Tax Act, 1956 (CST Act). For the second quarter of 2009- 10, the Value Added Tax Officer (VATO) framed notices of default as...
Kamlesh Devi vs.reliance General Insurance Co. Ltd. & Anr.
Court: Delhi
Decided on: Jul-25-2019
$~17-20 & 24, 25, 29, 30, 31 IN THE HIGH COURT OF DELHI AT NEW DELHI * % + MAC.APP. 785/2018 & CM APPL. 35853/2018 Decided on:25. 07.2019 LAL CHAND ..... Appellant RELIANCE GENERAL INSURANCE CO LTD & ANR versus + MAC.APP. 1063/2018 KAMLESH DEVI ........ RESPONDENTS ..... Appellant versus RELIANCE GENERAL INSURANCE COMPANY & ANR ........ RESPONDENTS + MAC.APP. 790/2018 & CM APPL. 35878/2018 LAL CHAND ..... Appellant versus RELIANCE GENERAL INSURANCE CO LTD & ANR ........ RESPONDENTS + MAC.APP. 103/2019 BRAHAM PRAKASH & ORS ..... Appellants versus VED PARAKASH & ANR (RELIANCE GENERAL INSURANCE CO LTD ) ..... Respondent MAC.APP. Nos.785, 1063, 790,103,1076/2018, 51,323,324/2019 Page 1 of 7 + MAC.APP. 1076/2018 SUMITRA DEVI ( SINCE DECEASED) THR LRS .... Appellants versus RELIANCE GENERAL INSURANCE COMPANY LTD + MAC.APP. 51/2019 & CM APPL. 911/2019 VED PRAKASH & ORS versus ..... Respondent ..... Appellants VED PRAKASH & ANR ( RELIANCE GENERAL INSURANCE CO LTD ) ........ RESPONDENTS + MAC.A...
Shabana and Ors. Vs.national Ins Co. Ltd. And Anr
Court: Delhi
Decided on: Jul-25-2019
$~7, 8 & 9 * % + + + IN THE HIGH COURT OF DELHI AT NEW DELHI MAC.APP. 532/2016 KAMAR JAHAN AND ORS versus NATIONAL INS CO LTD AND ANR MAC.APP. 550/2016 Decided on:25. 07.2019 ..... Appellants ........ RESPONDENTS SHABANA AND ORS versus ..... Appellants NATIONAL INS CO LTD AND ANR MAC.APP. 543/2016 ........ RESPONDENTS RENU DEVI AND ORS ..... Appellants versus NATIONAL INS CO LTD AND ANR ........ RESPONDENTS Through: Mr. Anshuman Bal, Advocate for appellants. Mr. Arihant Jain and Ms. Shantha Devi, Advocates for R-1. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) The appellants have impugned an order dated 17.12.2015 dismissing 1. the claim for a compensation under 163A of the Motor Vehicles Act, 1988. MAC APP. 532, 550 & 543/2016 Page 1 of 4 The facts of the case are that three persons were attending to the punctured tyre of a truck near a petrol station. They were all employed by the owner of the truck. While they were standing near the truck and the mechanic was carryi...
Honey Tuli & Ors. Vs.state of Nct of Delhi & Ors.
Court: Delhi
Decided on: Jul-25-2019
$~13 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"25th July, 2019 + CRL.M.C. 876/2019 HONEY TULI & ORS. ........ Petitioners Through: Ms. Manish Bhandari, Advocate with petitioners in person. versus STATE OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Ms. Kusum Dhalla, APP for the State with SI Anil Kumar, PS Dwarka North. Mr. Kishore M. Gajaria, Adv. with Mr. Aayush Paranjpe, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The third respondent was married to the first petitioner as per Hindu rites and ceremonies on 25.11.2003 and, from out of the said wedlock two children, both daughters, took birth. The third respondent by her complaint submitted in May, 2016, however, leveled certain allegations including of cruelty on the part of the husband and other relatives, this having led to registration of first information report (FIR) No.270/2016 by Police Station Dwarka, North for investigation into offence under section 498-A of the Indian Penal Code, 186...
Om Prakash vs.amit Choudhary & Ors
Court: Delhi
Decided on: Jul-25-2019
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:01. 07.2019 Pronounced on:25. 07.2019 + CM(M) 282/2019 & CM APPL. 7818/2019 OM PRAKASH ........ Petitioner Through: Mr. V.K. Kalra, Advocate. versus AMIT CHOUDHARY & ORS ........ RESPONDENTS Through: Mr. Digvijay Singh, Advocate. % CORAM: HONBLE MR. JUSTICE PRATEEK JALAN JUDGMENT1 This petition under Article 227 of the Constitution of India is directed against an order dated 19.11.2018 passed by the Additional District Judge-09 (Central), Tis Hazari Courts, Delhi, in CS No.1202/2017. By the said order, the Trial Court dismissed the application of the petitioner/plaintiff under Order XVIII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC), seeking a direction upon the defendants to lead their evidence first. Facts 2. The plaintiff filed the suit against the defendants for recovery of a sum of 30,40,000/- alongwith interest thereupon. The plaintiff's CM(M) 282/2019 Page 1 of 11 case is that the defend...
Roop Chand vs.union of India & Anr.
Court: Delhi
Decided on: Jul-25-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI $~09. * + % W.P.(C.) No.11637/2018 ROOP CHAND Date of Decision:25.07.2019 ........ Petitioner Through: Mr. Chetan Lokur with Mr. Nitish Chaudhary, advs. With petitioner in person. versus UNION OF INDIA AND ANR. .....Respondent Through: Ms. Barkha Babbar, adv. with Mr. Senior Sachan, Sujeet Kumar Accountant CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR VIPIN SANGHI, J.(ORAL) 1. The writ petition preferred by the petitioner to seek pro-rata pension under Rule 49(2) of the CCS (Pension) Rules, 1972 was initially dismissed by this Court on 05.12.2018 on the premise that the petitioner did not have 10 years of qualifying service. In this regard, the facts taken into account were that the service record of the petitioner was not available; the respondents had computed the period of petitioners qualifying service as 9 years 8 months and 7 days and; even the petitioner had himself enclosed as Annexure P-12 a set of docume...
Udaibir & Ors. Vs.reliance General Insurance Company Ltd. & Anr.
Court: Delhi
Decided on: Jul-25-2019
$~17-20 & 24, 25, 29, 30, 31 IN THE HIGH COURT OF DELHI AT NEW DELHI * % + MAC.APP. 785/2018 & CM APPL. 35853/2018 Decided on:25. 07.2019 LAL CHAND ..... Appellant RELIANCE GENERAL INSURANCE CO LTD & ANR versus + MAC.APP. 1063/2018 KAMLESH DEVI ........ RESPONDENTS ..... Appellant versus RELIANCE GENERAL INSURANCE COMPANY & ANR ........ RESPONDENTS + MAC.APP. 790/2018 & CM APPL. 35878/2018 LAL CHAND ..... Appellant versus RELIANCE GENERAL INSURANCE CO LTD & ANR ........ RESPONDENTS + MAC.APP. 103/2019 BRAHAM PRAKASH & ORS ..... Appellants versus VED PARAKASH & ANR (RELIANCE GENERAL INSURANCE CO LTD ) ..... Respondent MAC.APP. Nos.785, 1063, 790,103,1076/2018, 51,323,324/2019 Page 1 of 7 + MAC.APP. 1076/2018 SUMITRA DEVI ( SINCE DECEASED) THR LRS .... Appellants versus RELIANCE GENERAL INSURANCE COMPANY LTD + MAC.APP. 51/2019 & CM APPL. 911/2019 VED PRAKASH & ORS versus ..... Respondent ..... Appellants VED PRAKASH & ANR ( RELIANCE GENERAL INSURANCE CO LTD ) ........ RESPONDENTS + MAC.A...
Reliance General Insurance Co. Ltd. Vs.vimal Devi & Ors.
Court: Delhi
Decided on: Jul-25-2019
$~10 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. 07.2019 MAC.APP. 547/2016 RELIANCE GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. A.K. Soni, Advocate. versus VIMAL DEVI & ORS ........ RESPONDENTS Through: Mr. Gurmit Singh Hans, Mr. Vishal and Ms. Komal Arora, Soni Advocates for R-1 to R-7. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) MAC.APP. 547/2016, CM APPL. 26023/2016, CM APPL. 29065/2017, CM APPL. 43314/2017, CM APPL. 46348/2017 1. This appeal impugns the award of compensation on both pecuniary and non-pecuniary heads. It is argued that the compensation of Rs. 1 lac each for loss of consortium, loss of estate and loss of love and affection is on the higher side and not inconformity with the dicta of the Supreme Court in Sarla Verma vs. Delhi Transport Corporation (2009) 6 SCC121 Similarly, Rs. 25,000/- have been granted towards funeral expenses, is also on the higher side. MAC.APP. 547/2016 Page 1 of 3 2. The learned counsel for the respo...
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