Delhi Court August 2019 Judgments
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Oriental Insurance Co Ltd vs.shakuntala & Ors
Court: Delhi
Decided on: Aug-29-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. 08.2019 MAC.APP. 334/2019 & CM Nos.10376/2019 Through: Mr. R. K. Tripathi, Advocate. ..... Appellant ........ RESPONDENTS Through: Mr. Bhupesh Narula, Advocate for Respondent No.1. ORIENTAL INSURANCE CO LTD. $~27 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. SHAKUNTALA & ORS. Versus This appeal impugns the award of compensation dated 15.12.2018 passed by the learned MACT in MACT Claim Petition No.356706/2016, on the ground that 10% compensation granted towards future prospects is contrary to the decision of this Court in MAC. APP. No.520/2016, United India Insurance Co. Ltd. vs. Pappu Deo Yadav & Ors., decided on 13.09.2018. The court is of the view the same is no more applicable because in view of the dicta of the Supreme Court in Parminder Singh vs. New India Assurance Co. Ltd. & Ors., 2019 SCC OnLine SC802 decided on 01.07.2019, 50% towards loss of future prospects was granted to a person who had been e...
Community Works Welfare Society vs.chandra Sekhar Das
Court: Delhi
Decided on: Aug-29-2019
$~A-8 * % IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 407/2019 Date of order:29. 08.2019 COMMUNITY WORKS WELFARE SOCIETY ........ Petitioner Through: Mr. Animesh Khanna and Osama Suhail, Advocates versus CHANDRA SEKHAR DAS ..... Respondent Through: Mr. Abhishek Yadav, Advocate CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying for appointment of a Sole Arbitrator for adjudication of the disputes between the parties arising out of an agreement dated 21.07.2017. The petitioner had entered into an agreement with the respondent on 21.07.2017 to render distribution services in Ganjam District of Odisha. The petitioner avers that the required goods were delivered to the respondent between the period 17.08.2017 to 08.12.2018 worth Rs. 4,10,446/-. However, the entire payment was not made to the petitioner. The petitioner avers in the petition that repeated follow-ups for compl...
Krishna Construction vs.fakhruddin Memorial Cooperative Group Housing ...
Court: Delhi
Decided on: Aug-29-2019
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h August, 2019 CS(COMM) 33/2019 & IA No.6649/2019 (u/S8of the Arbitration & Conciliation Act, 1996) KRISHNA CONSTRUCTION ..... Plaintiff Through: Mr. Anil Panwar & Mr. Tanishq Panwar, Advs. Versus FAKHRUDDIN MEMORIAL COOPERATIVE GROUP HOUSING SOCIETY (REGD.) ..... Defendant Through: Mr. Sunil Narula, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit for recovery of principal amount of Rs.4,12,89,792/- together with pre-suit interest of Rs.2,11,04,794/- i.e. for a total sum of Rs.6,23,94,586/- from the defendant towards remaining dues of the plaintiff for construction of flats for the members of the defendant, a Co-operative House Building Society.2. The suit was entertained and summons thereof ordered to be issued. The defendant filed a written statement and to which a replication has been filed by the plaintiff. While the plaint and the replication are on record, the written sta...
Oriental Insurance Co. Ltd. Vs.ajay Gaur & Ors.
Court: Delhi
Decided on: Aug-29-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. 08.2019 MAC.APP. 333/2019 & CM Nos.10374 & 14984/2019 Through: Mr. R. K. Tripathi, Advocate. ..... Appellant ........ RESPONDENTS Through: Mr. Bhupesh Narula, Advocate for Respondent No.1. ORIENTAL INSURANCE CO LTD. $~26 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. AJAY GAUR & ORS. Versus Notice was sought to be effected upon respondent No.4 United India Insurance Company through ordinary process. However, the same was refused. The remarks of the Process Server - Mr. Gautam Madan, who visited respondent No.4 on 13.08.2019 at 3.04 p.m., reads as under:-"Today I Reached The Given Address And Enquired About The Concerned Person Who Shall Receive The Said Notice . On The Spot The Branch Manager Sunita Suman Declared Herself To Be The Said Receiving Person. I Served The Summons To Her And She After Going Through The Contents Returned The Said Summons By Saying That The Said Case Does Not Pertains To Their Bra...
Community Works Welfare Society vs.shri Krishna Electrical
Court: Delhi
Decided on: Aug-29-2019
$~A-7 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of order:29. 08.2019 + COMMUNITY WORKS WELFARE SOCIETY ..... Petitioner Through: Mr. Animesh Khanna and Osama ARB.P. 406/2019 versus Suhail, Advocates SHRI KRISHNA ELECTRICAL .. Respondent Through: Mr. Abhishek Yadav, Advocate CORAM: HONBLE MS. JUSTICE JYOTI SINGH ORDER JYOTI SINGH, J.(ORAL) This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying for appointment of a Sole Arbitrator for adjudication of the disputes between the parties arising out of an agreement dated 23.06.2017. The petitioner had entered into an agreement with the respondent on 23.06.2017 to render distribution services in the State of Odisha. The petitioner avers that the required goods were delivered to the respondent between the period 04.08.2017 to 12.12.2018 worth Rs. 8,67,45,260/-. However, the entire payment was not made to the petitioner. The petitioner avers in the petition that repeated follow-ups for comp...
M/S Madan Mohan Khullar & Co. Vs.ishwar Saran Mittal
Court: Delhi
Decided on: Aug-29-2019
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:29. 08.2019 RC.REV. 198/2019 M/S MADAN MOHAN KHULLAR & CO. ........ Petitioner versus ISHWAR SARAN MITTAL ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr. Ravi Joshi, Advocate. For the Respondent: None. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) RC.REV. 198/2019 & CM APPL. 15064/2019 (stay) 1.... Petitioner impugns order dated 16.02.2019, whereby, leave to defend application, filed by the petitioner, has been dismissed on the ground that the same was delayed and an eviction order has been passed.2. Subject eviction petition was filed by the respondent under Section 14(1)(e) read with Section 25-B of the Delhi Rent Control Act. Summons in the prescribed format were issued for service of the RC.REV. 198/2019 Page 1 of 5 tenant/petitioner herein.3.... Petitioner filed an application under section 151 C.P.C. on 16.01.2018 stating that he received the n...
The New India Assurance Co Ltd. Vs.munni Bhandari & Ors.
Court: Delhi
Decided on: Aug-29-2019
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 727/2018 & CM APPL. 31680/2018 THE NEW INDIA ASSURNACE CO LTD ..... Appellant Decided on:29. 08.2019 Through: Mr. Parveen Kumar Mehdiratta, Advocate. versus MUNNI BHANDARI & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate for R-1 to R-3. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award of compensation passed by the learned MACT on 09.05.2018 in MACT No.147on the ground that there was no proof of negligence on the part of the driver of the insured vehicle. The said vehicle met with an unfortunate accident, which resulted in the demise of three occupants. The owner/driver of the vehicle stated that some other vehicle had struck his insured vehicle, which resulted in the fatalities. However, no proof was led in this regard. The Investigating Officer had deposed that despite his best efforts, no other vehicle was traced which led to the said fatalities.2. The impugned or...
Varunarjun Trust & Anr vs.union of India & Anr.
Court: Delhi
Decided on: Aug-29-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI * + W.P.(C) No.6815/2019 and CM No.28489/2019 Judgment reserved on :26.07.2019 Date of decision :29.08. 2019 VARUNARJUN TRUST & ANR .....Petitioners Through: Mr.Naveen R. Nath, Adv with Bhat, Mrs.Lalita Mohan Advocates versus UNION OF INDIA & ANR. ........ RESPONDENTS Through: Mr. Abhay Prakash Sahay, CGSC for UOI. Mr.Vikas Singh, Sr. Advocate with Mr.T.Singhdev, Ms.Puja Sarkar Advocates for MCI. CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. The petitioner vide the present petition seeks the quashing of the impugned order of the respondents bearing no.MCI-34(41)(R- 81)/2019-Med./206776 of BOG- MCI dated 31.05.2019, in as much as the same refuses to grant renewal permission to the petitioner college from admitting 150 students for MBBS Course in the... Petitioner's Medical College for the academic session 2019-20 with consequential direction to the respondent No.2, to issue the renewal of letter of permission for admission of...
Sukh Lal (Deceased) Thr Lr vs.jagdish Prasad & Ors.
Court: Delhi
Decided on: Aug-29-2019
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:29. 08.2019 C.R.P. 63/2019 & CM APPL.Nos. 10746/2019 & 10748/2019 SUKH LAL (DECEASED) THR LR JAGDISH PRASAD & ORS versus ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : Ms Jesica Jacob, Adv For the Respondent : Ms.Ruchika Mittal, DHCLSC for R-1 CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 20.10.2018 whereby the application under Order 9 Rule 4 CPC filed by the respondent/plaintiff was allowed and the Suit restored.2. Respondent/plaintiff had filed the subject Suit during the pendency of which the predecessor of the petitioner as well as the respondent Nos.2 to 6 passed away. Since legal heirs were not brought on record, the Court held that the Suit had abated.3. An application under Order 22 Rule 9 CPC was filed by the... RESPONDENTS seeking setting aside of the abatement. There was no appear...
Uttar Pradesh Rajkiya Nirman Nigam Ltd vs.rajendra Tiwari
Court: Delhi
Decided on: Aug-29-2019
$~7 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. h August, 2019 + W.P.(C) 12228/2015 UTTAR PRADESH RAJKIYA NIRMAN NIGAM LTD ........ Petitioner Through: Mr. Sohaib Alam, Advocate.1. versus RAJENDRA TIWARI ..... Respondent Through: Mr. Sarfaraz Khan, Advocate. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The petitioner has challenged the award of the Labour Court dated 14th February, 2013 whereby compensation of Rs.1,60,000/- for illegal termination and litigation expenses of Rs.40,000/- have been awarded to the respondent.2. The petitioner filed an application under Section 10(4)(A) read with Section 33(2)(C) of the Industrial Disputes Act against the respondent on the averments that respondent joined the petitioner in 1981; he was posted as a Chowkidar at ESI Hospital, Basaidharapur since 1990 and the last drawn salary was Rs.1,545/- per month; the petitioner did not pay the salary since January, 1996; the petitioner also did not pay the provident fund and...
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