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Delhi Court July 2019 Judgments

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Jul 18 2019

Satya Prakash & 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...


Jul 18 2019

Jai Prakash Singh Tomar vs.govt. Of Nct of Delhi & Ors

Court: Delhi

Decided on: Jul-18-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI $~1 * + Date of Decision:18. 7.2019 % W.P.(C.) No.6339/2019 JAI PRAKASH SINGH TOMAR ........ Petitioner Through: Mr. M. A.Niyazi, Ms. Anamika Ghai Niyazi and Mr. Manish Kumar, Advocates. Versus GOVT. OF NCT OF DELHI & ORS. .....Respondents Through: Ms. Avnish Ahlawat and Ms. Palak Rohmetra, Advocates. Mr. Shashi Pal Singh (OSD) and Mr.Santosh Kr. Sahni (VP) from Department. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR VIPIN SANGHI, J.(ORAL) CM No.26996/2019 Exemption allowed subject to just exceptions. The application stands disposed of. W.P.(C.) No.6339/2019 1. The petitioner assails the order dated 5.4.2019 passed by the Tribunal in OA No.1091/2019. The Tribunal has rejected the said Original Application preferred by the petitioner. At the same time, the Tribunal has observed that the non-extension of the term of re-employment of the W.P.(C.) No.6339/2019 Page 1 of 7 petitioner shall not be treated as a stigma u...


Jul 18 2019

Shelesh & Ors. Vs.veer Singh & Ors.

Court: Delhi

Decided on: Jul-18-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. 07.2019 Through: Mr. S.N. Parashar, Advocate. ..... Appellants ........ RESPONDENTS Through: Mr. A.K.Soni, Advocate for Insurance Company. MAC.APP. 216/2019 SHELESH & ORS. $~28 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. VEER SINGH & ORS. Versus The appellants are aggrieved by the award of compensation on two counts. Firstly, that the deceased being a matriculate, the minimum wages applicable to a matriculate in Delhi, where the deceased was temporarily residing, should have been considered by the learned Tribunal, while awarding the loss of dependency. In any case, the minimum wages for a matriculate applicable in Uttar Pradesh ought to have been taken into consideration.2. This argument is untenable because in his evidence by way of affidavit filed by Mr. Shelesh, husband of the deceased, states, inter alia, that the accident happened on 09.10.2016 somewhere near Village Sancholi, Police Station Sohna,...


Jul 18 2019

Shadab Khan & Ors vs.government of Nct of Delhi & Anr

Court: Delhi

Decided on: Jul-18-2019

$~3 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"18th July, 2019 + CRL.M.C. 248/2019 and Crl. M.A. 1060/2019 SHADAB KHAN & ORS ........ Petitioners Through: Mr. Sanobar Ali, Advocate versus GOVERNMENT OF NCT OF DELHI & ANR ........ RESPONDENTS Through: Ms. Meenakshi Chauhan, APP for State with SI Dharmender, PS Ranjit Nagar Mr. S.F.Ahmad, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent was married to the first petitioner as per Muslim Rights and Ceremonies on 01.03.2015. From out of the said wedlock, a male child named Mohammad took birth on 18.12.2015. The marriage ran into rough weather, the second respondent raised allegations of she having been subjected to cruelty and deprived of her stridhan, first information report (FIR) no.36/2018 having been registered on 19.01.2018 by police station Ranjit Nagar on her complaint involving offences punishable under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC), the case being direc...


Jul 18 2019

Jasvinder Singh & Ors. Vs.the State (Govt. Of Nct of Delhi) & Anr.

Court: Delhi

Decided on: Jul-18-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: July 18, 2019 + CRL.M.C. 3420/2019 & CRL.M.A. 31282/2019 JASVINDER SINGH & ORS. .....Petitioners Through: Mr. Pradeep Khatri, Advocate. Versus THE STATE (GOVT. OF NCT OF DELHI) & ANR. Through: Mr. M.S. Oberoi, Additional .....Respondents Public Prosecutor for State with ASI Ram Dutt. Mr. Vivek Kr. Chaudhary & Mr. Mandeep Singh, Advocates with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.1531/2015, under Sections 498-A/4of IPC, registered at Police Station Shalimar Bagh, Delhi is sought on the basis of affidavit of 15th July, 2019 of respondent No.2. Upon notice, learned Additional Public Prosecutor for respondent No.1-State submits that respondent No.2, present in the Court, is the complainant/first-informant of FIR in question and she has been identified to be so, by ASI Ram Dutt on the basis of identity proof produced by her. CRL.M.C. 3420/2019 Page 1 of 3 Respondent No.2, pre...


Jul 18 2019

Icici Bank Ltd. Vs.geeta Kathuria & Ors.

Court: Delhi

Decided on: Jul-18-2019

$~Reg.-8 *IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:18. 07.2019 RFA No.503/2012 ICICI BANK LTD. ..... Appellant Through Mr.RaunakSatpathy, Adv. versus GEETA KATHURIA & ORS. Through Ms.Anju Bhattacharya, Adv. with Ms.DeepikaKumari, Adv. for R-1 & 2. ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The present appeal under Section 96 of the Code of Civil Procedure, 1908, impugns the judgment and decree dated 04.06.2012, passed by the learned Trial Court whereunder the suit of the respondents has been decreed for a sum of Rs.8,17,753/-, along with pendent lite and future interest at the rate of 10% p.a.compounded annually on the decretal amount, w.e.f. 15.09.1998 till the date of realization.2. The admitted facts which emerge from the record and are necessary for adjudication of the present appeal may be noted at the outset. The respondent nos. 1 and 2, who were both senior citizens, approached the appellant/bank for the issuance of a F...


Jul 18 2019

Hdfc Ergo General Insurance Co. Ltd. Vs.puspa & Ors.

Court: Delhi

Decided on: Jul-18-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. 07.2019 MAC. APP. 122/2019 Through: Mr. Muish Kr. Sharma, Advocate. Versus PUSPA & ORS. MUBARIK & ORS ( HDFC ERGO GENERAL INSURANCE CO LTD.) ........ RESPONDENTS Through: Mr. Sameer Nandwani Advocate for Respondent Insurance Company. ..... Appellants MAC.APP. 325/2019 & CM No.10037/2019 HDFC ERGO GENERAL INSURANCE CO LTD. ..... Appellant PUSPA & ORS. Through: Mr. Sameer Nandwani Advocate Versus Through: Mr. Muish Kr. Sharma, Advocate. ........ RESPONDENTS $~24 & 35 * % + + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. In MAC.APP. No.122/2019 the claimants seek enhancement of the compensation of Rs.5,00,000/- awarded on 11.12.2018 by the learned Tribunal while in MAC. APP. No.325/2019 the insurer seeks setting aside of the award.2. Both the appeals are arising out of the same accident and same award and hence, they are being disposed-off by this common order. MAC.APP. Nos. 122 & 325 of 2019 Page 1 of 4 3. In MAC...


Jul 18 2019

Ashish Pandey & Ors vs.state & Anr

Court: Delhi

Decided on: Jul-18-2019

$~6 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"18th July, 2019 + CRL.M.C. 423/2019 ASHISH PANDEY & ORS ........ Petitioners Through: Mr. Kunal Madan, Advocate versus STATE & ANR ........ RESPONDENTS Through: Ms. Meenakshi Chauhan, APP for State with SI Daya Nand, PS Kotwali Mr. Jitender Dewan, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 04.02.2015. The marriage ran into rough weather, the second respondent raised allegations of she having been subjected to cruelty and deprived of her stridhan, first information report (FIR) no.166/2017 having been registered by police station Kotwali, Chandni Chowk, Delhi on her complaint involving offences punishable under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC). On conclusion of the investigation, police filed report under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) on which cognizance was tak...


Jul 18 2019

Municipal Corporation of Delhi vs.m/s Surender Kishan Gupta & Anr.

Court: Delhi

Decided on: Jul-18-2019

$~25 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:18. h July, 2019 MUNICIPAL CORPORATION OF DELHI O.M.P. 462/2009 ........ Petitioner Through: Mr. Sunil Goel, Standing Counsel (M-9810215488) M/S SURENDER KISHAN GUPTA & ANR. versus ........ RESPONDENTS Through: Mr. Uttam Datt, Ms. Sonakshi Singh & Mr. Rajat Sharma, Advocates (M- 9810041776) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) I.A. 3339/2018 (for delay) & I.A. 3338/2018 (for restoration) 1. For the reasons stated in the applications, the delay in filing the application for restoration is condoned. The petition is restored to its original number. I.As are disposed of. O.M.P. 462/2009 2. The matter has been heard on merits. The petition under Section 34 of the Arbitration and Conciliation Act, 1996 arises out of the impugned award dated 31st March, 2009 passed by the Ld. Sole Arbitrator. The Respondent was the contractor who was awarded a contract for construction of Jan Suvidha Complex under Y.A.P....


Jul 18 2019

Puspa & Ors. Vs.mubarik & Ors. (Hdfc Ergo General Insurance Co. Ltd.)

Court: Delhi

Decided on: Jul-18-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. 07.2019 MAC. APP. 122/2019 Through: Mr. Muish Kr. Sharma, Advocate. Versus PUSPA & ORS. MUBARIK & ORS ( HDFC ERGO GENERAL INSURANCE CO LTD.) ........ RESPONDENTS Through: Mr. Sameer Nandwani Advocate for Respondent Insurance Company. ..... Appellants MAC.APP. 325/2019 & CM No.10037/2019 HDFC ERGO GENERAL INSURANCE CO LTD. ..... Appellant PUSPA & ORS. Through: Mr. Sameer Nandwani Advocate Versus Through: Mr. Muish Kr. Sharma, Advocate. ........ RESPONDENTS $~24 & 35 * % + + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. In MAC.APP. No.122/2019 the claimants seek enhancement of the compensation of Rs.5,00,000/- awarded on 11.12.2018 by the learned Tribunal while in MAC. APP. No.325/2019 the insurer seeks setting aside of the award.2. Both the appeals are arising out of the same accident and same award and hence, they are being disposed-off by this common order. MAC.APP. Nos. 122 & 325 of 2019 Page 1 of 4 3. In MAC...


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