Delhi Court July 2019 Judgments
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National Insurance Co. Ltd. Vs.meenakshi Gupta & Ors.
Court: Delhi
Decided on: Jul-19-2019
$~20 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. 07.2019 + MAC.APP. 1122/2017 & CM APPL. 46976/2017 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Pradeep Gaur, Advocate. ........ RESPONDENTS Versus MEENAKSHI GUPTA & ORS CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. Through: This appeal impugns compensation in MACT No.39dated 31.10.2017 awarded by the learned MACT on the ground that it is devoid of any basis and is not supported by any medical evidence. According to the appellant, the claimants have placed no medical records or the post-mortem Report to substantiate their claim that the death of the injured/victim, six months after the accident, was related to the accident itself.2. The learned Tribunal dealt with this issue as under:-"20. It was argued on behalf of insurance company that in the absence of any postmortem report, it cannot be held that the injured died due to the accidental injuries, more so when the death took place after abou...
M/S Datar Security Services Group vs.government of Nct of Delhi and An ...
Court: Delhi
Decided on: Jul-19-2019
$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. 7.2019 + W.P.(C) 5820/2018 M/S DATAR SECURITY SERVICES GROUP ........ Petitioner Through: Mr. T.K.Ganju, Senior Advocate with Mr. Garauv Dudeja and Mr. Farhaan S. Haque, Advocates versus GOVERNMENT OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Ramesh Singh, Standing Counsel with Mr. Chirag Jain and Ms. Ishan Agarwal, Advocates for respondent- GNCTD + W.P.(C) 6869/2018 JAIDEEP SINGH ........ Petitioner Through: Ms. Rashmi B. Singh and Mr. Mohinder Kumar Madan, Advocates versus GOVERNMENT OF NCT OF DELHI & ORS .....Respondents Through: Mr. Ramesh Singh, Standing Counsel with Mr. Chirag Jain and Ms. Ishan Agarwal, Advocates for respondent- GNCTD + W.P.(C) 1242/2019 WELL PROTECT MANPOWER SERVICES PVT. LTD. ........ Petitioner W.P.(C).5820/2018 etc. 1 of 17 Through: Mr. Raman Kapoor, Senior Advocate with Mr. Tarkeshwar Nath and Mr. Mahavir Rawat, Advocates versus GTB HOSPITAL AND ANR. .....Respondents Through: Mr. ...
Ravi Dutt & Ors. Vs.dal Chand
Court: Delhi
Decided on: Jul-18-2019
$~OS-7 * % + CS(OS) 99/2017 RAVI DUTT & ORS. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. 07.2019 ..... Plaintiffs Through Mr.Ashish Mohan and Mr.Shashwat Panda, Advs. DAL CHAND versus Through Mr.Dinesh Kumar,Adv. ..... Defendant CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) This suit is filed seeking a decree of partition of the suit property 1. between the respective families/successors in interest of late Shri Bhawani, Late Shri Chunni Lal and Shri Trikha to the extent of 1/3rd share in the suit property. The case of the plaintiff is that the suit property is an ancestral property and the parties claim their rights through a common ancestor late Shri Dayaram. It is further pleaded that as per the family tree the respective branches of late Shri Chunni Lal, Shri Trikha and late Shri Bhawani are the owners of the land in question in equal proportion.2. It is also pointed out that the suit property was notified for acquisition on 25.11.1980 vide Notificat...
P. Raja & Anr. Vs.state
Court: Delhi
Decided on: Jul-18-2019
$~42 + IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPL. 1124/2019 Decided on:-"18th July, 2019 P. RAJA & ANR. ........ Petitioners Through: Mr. Vinay Vats & Mr. Rajesh STATE Kumar, Advs. versus ..... Respondent Through: Mr. Amit Chadha, APP for the State with SI Avinash Pratap, PS Chankya Puri. Mr. Kirti Uppal, Sr. Adv. with Mr. Aditya Awasthi, Mr. Rajesh Paul & Mr. Chander Shekhar, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The first petitioner is described as sole proprietor of Mednob Healthcare, a proprietory concern located in Madurai (Tamil Nadu), the second petitioner statedly being his Manager. The said entity had entered into a contract described as Memorandum of Understanding (MoU) dated 12.12.2014 with Primus Super Speciality Hospital (the complainant) regarding supply of five diagnostic equipments. It appears from the documents and it is not disputed that the petitioners received from the opposite party, an amount of Rs. 1.48 crore out of the total consider...
Bharti Axa General Insurance Co Ltd. Vs.santosh Kumar & Ors
Court: Delhi
Decided on: Jul-18-2019
Through: Mr. Vimal Kumar, Advocate. ........ RESPONDENTS Versus SANTOSH KUMAR & ORS CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. $~30 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. 07.2019 MAC.APP. 226/2019 & CM APPL. 6233/2019 BHARTI AXA GENERAL INSURACE CO LTD ..... Appellant Through: Mr. Ved Vyas Tripathi, Advocate. This appeal impugns the award of compensation on the ground that 45% physical disability has been taken as 60% functional disability. The claimant had testified that he was a painter by vocation.2. The learned MACT considered the claimant to be a skilled worker. The injury caused to the claimant was to his head and other multiple injuries in his leg and hand. He had been advised for physiotherapy and advised to visit the hospital after two months. He did not file any record of follow up treatment.3. Nevertheless, 45% physical disability was considered as disability for the whole body. In other words, the injured-claimant would not be ab...
Mahender Kumar & Ors. Vs.lt. Governor of Delhi & Ors
Court: Delhi
Decided on: Jul-18-2019
$~29 and 30 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 3791/2015 and CM APPL. 6789/2015 MAHENDER KUMAR & ORS. ........ Petitioners versus Salwan, Advocates. Through: Ms. Anusuya Salwan with Ms.Nikita + W.P.(C) 3822/2015, CM APPLs.6828/2015 and 10203/2019 LT. GOVERNOR OF DELHI & ORS ........ RESPONDENTS Through: Mr.Yeeshu Jain, Standing Counsel with Ms.Jyoti Tyagi, Advocate for LAC/L&B. Mr.Arjun Pant, Advocate for DDA. SATYA PRAKASH & ORS ........ Petitioners Through: Ms. Anusuya Salwan with Ms.Nikita Salwan, Advocates. versus LT. GOVERNOR OF DELHI & ORS ........ RESPONDENTS Through: Mr.Yeeshu Jain, Standing Counsel with Ms.Jyoti Tyagi, Advocate for LAC/L&B. Mr.Arjun Pant, Advocate for DDA. CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH % ORDER1807.2019 W.P.(C) 3791/2015 and W.P.(C) 3822/2015 Page 1 of 15 Dr. S. Muralidhar, J.:1. These two petitions arise out of a common set of facts, seeking similar reliefs and are accordingly being disposed of by this common order. Neverth...
The Oriental Insurance Co. Ltd. Vs.renu &Ors.
Court: Delhi
Decided on: Jul-18-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI $~20 * % + MAC.APP. 960/2018 & CM APPL. 45214/2018 & 3148/2019 Decided on:18. 07.2019 THE ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. Amit Gaur & Mr. Pradeep Gaur, Advs. versus RENU & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar, Adv. for R- 1 & 2. Mr. Brij Kishore Ray & Mr Pradeep Kataria, Advs. for R- 3 & 4. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal does not dispute the quantum of damages awarded to the claimants on account of the fatality suffered by their kin in a motor vehicle accident. Although the appellant seeks a right of recovery, no such prayer is made in this appeal. The claim petition had been filed against the insurance company. The appellant insurance company was better equipped to identify the owner and driver of the offending vehicle. It could have also moved an application for impleadment of the owner and driver to establish that a case for recovery against the owner or driv...
Hamidullah vs.state
Court: Delhi
Decided on: Jul-18-2019
#R-13 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:18. h July, 2019 CRL.A. 183/2002 HAMIDULLAH STATE versus ..... Appellant ..... Respondent Advocates who appeared in this case: For the Appellant For the Respondent : Mr. Madhav Khurana, Advocate (Amicus Curiae) along with Mr. Ankit Bhatia, Advocate with appellant in person. : Mr. Ravi Nayak, APP with ASI Puram Singh, PS Gokulpuri. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT SIDDHARTH MRIDUL, J (OPEN COURT) 1. The present appeal under section 374 of the Code of Criminal Procedure, 1973, (hereinafter referred to as Cr.P.C.) assails the judgment and order dated 04.02.2002 and the order of sentence dated 04.02.2002, rendered by the Additional Sessions Judge, Karkardooma Court, Shahdara, Delhi in FIR No.356/99, PS Gokalpuri, whereby the appellant has been convicted for offences Crl.A.183/2002 Page 1of 22 under Sectionand 307 IPC and sentenced to undergo rigorous imprisonment for 5 ...
s.k. Yadav vs.union of India and Ors.
Court: Delhi
Decided on: Jul-18-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18.07.2019 $~09. * + % W.P.(C) 1715/2015 S.K. YADAV ........ Petitioner Through: Ms. Jasvinder Kaur, Adv. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Ajay Digpaul,CGSC with Mr. Soumava Karmakar and Mr. P.N. Shukla, Advs. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR VIPIN SANGHI, J.(ORAL) 1. The petitioner has preferred the present writ petition to assail the order dated 24.04.2014, passed by the respondent rejected the petitioners representation for re-assignment of his seniority, and consequential anomaly and disparity in pay. The petitioner also seeks a direction to the respondents to accord him notional promotion in the rank of Inspector (GD) w.e.f. the date when his immediate junior Mr. K.L. Lamba was promoted to the rank of Inspector(GD), and, accordingly, to fix his seniority. The petitioner seeks a direction to the respondents to accord notional promotion to the petitione...
Mahendera Verma vs.suresh T. Kilachand
Court: Delhi
Decided on: Jul-18-2019
$~6. * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 2220/2007 MAHENDERA VERMA ..... Plaintiff Through: Ms. Ankita Bajpai and Ms. Geetika Sharma, Advs. versus SURESH T. KILACHAND ..... Defendant Through: Mr. Rajshekhar Rao, Ms. Meghna Mishra, Mr. Dheeraj P. Deo, Mr. Raghav Kacker and Mr. Raghuveer Kapur, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER1807.2019 IA No.14605/2017 (u/O IX R-13 CPC) & IA No.14606/2017 (u/S151CPC).1. The counsel for the defendants/applicants states that the application for setting aside of the ex parte decree dated 10th September, 2013 has been filed by the three sons of the deceased defendant. It is informed, (i) that the plaintiff instituted this suit for recovery of Rs.20 lacs paid as advance for purchase of a property owned by the defendant, with interest thereon; (ii) that the defendant was contesting the suit; (iii) that the defendant died on 15th January, 2012; (iv) that an application for substitution of the applicants in place of the ...
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