Delhi Court August 2019 Judgments
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Raj Kumar Khurana & Anr vs.the Financial Commissioner, Government of N ...
Court: Delhi
Decided on: Aug-28-2019
$~A-17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:28. 08.2019 + W.P.(C) 10070/2016 RAJ KUMAR KHURANA & ANR. ........ Petitioners Through: Mr.Atul Nigam and Mr.Randhir Kumar, Advocates Versus THE FINANCIAL COMMISSIONER, GOVERNMENT OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Ms.Sapna Chauhan, Adv. for DDA Mr.Anil Tomar, Adv. for R1/GNCTD Mr.Naushad Ahmed Khan, ASC (Civil) with Mr.Zahid Hanief and Mr.Manish Chauhan, Advs. for GNCTD. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) 1. This writ petition is filed by the petitioner seeking a writ of certiorari/mandamus or any other appropriate writ to quash the order dated 16.10.2015 passed by the Financial Commissioner. Other connected reliefs are also sought including directing the respondents No.l to 4 to forbear themselves from interfering in any manner with the petitioner's right, title and interest and peaceful occupation and possession of land bearing khasra No.13/(1-17) & 10/2(1-8) at Village Go...
Banshi Dhar vs.union of India and Ors
Court: Delhi
Decided on: Aug-28-2019
$~9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 3134/2016 BANSHI DHAR Through: Dr. Kedar Nath Tripathy, Advocate. ........ Petitioner versus UNION OF INDIA AND ORS Through: Mr.Vikram Jetly, CGSC with ASI Krishan Kumar. ........ RESPONDENTS CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH % ORDER2808.2019 Dr. S. Muralidhar, J.:1. The short question that arises in this petition is whether the... Petitioner is liable to be given protection of his seniority in the rank of Sub-Inspector (SI) (CM) in the Indo-Tibetan Border Police (ITBP) from the date of promotion of his immediate juniors.2. The brief facts are that the... Petitioner is currently an SI (CM) in the ITBP. He was initially appointed as Constable on 11th March 1991 and promoted as Naik (CM) on 8th February, 1995. He was further promoted as ASI (CM) on 15th May 2008 and as SI (CM) on 30th July, 2008.3. While working as SI (CM) at the Sector Headquarter (SHQ) in Lucknow W.P.(C) 3134/2016 Page 1 of 6 he was, on 21st Februa...
Facebook Inc vs.surinder Malik & Ors
Court: Delhi
Decided on: Aug-28-2019
$~41 & 45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h August, 2019 + + FACEBOOK INC CM(M) 1263/2019 ........ Petitioner Through: Mr. Parag Tripathi, Sr. Advocate with Ms. Richa Srivastava, Ms. Nayantara Narayan, Ms. Mishika Bajpai & Ms. Malikah Mehra, Advocates SURINDER MALIK & ORS versus ........ RESPONDENTS Through: Mr. Vikas Khera, Mr. Vishal K. Sharma & Ms. Surabhi, Advocates (M-9971573450) INSTAGRAM LLC AND CM(M) 1267/2019 ........ Petitioner Through: Mr. Parag Tripathi, Sr. Advocate with Ms. Richa Srivastava, Ms. Nayantara Narayan, Ms. Mishika Bajpai & Ms. Malikah Mehra, Advocates SURINDER MALIK & ORS versus ........ RESPONDENTS Through: Mr. Vikas Khera, Mr. Vishal K. Sharma & Ms. Surabhi, Advocates CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) CM APPL. 38450/2019 (for exemption) in CM(M) 1263/2019 CM APPL. 38535/2019 (for exemption) in CM(M) 1267/2019 1. Allowed, subject to all just exceptions. Applications are disposed of. CM(M) 1263/2019 & C...
United India Insurance Co. Ltd. Vs.naresh Sareen & Ors.
Court: Delhi
Decided on: Aug-28-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. 08.2019 MAC.APP. 757/2019 & CM Nos. 38458-59/2019 Through: Mr. Animesh Sinha, Advocate. ..... Appellant .....Respondents UNITED INDIA INSURANCE CO. LTD. $~34 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. NARESH SAREEN & ORS. Through: Versus This appeal impugns the award of compensation dated 04.04.2019 passed by the learned MACT in MACT No.357877/2016 on two grounds: i) that there is no evidence apropos the incapacitation of the injured for 17 months, which was allegedly spent in recuperation from the injury, ii) that the ITR was filed for the Assessment Year (AY) 2016-17 and that the accident happened on 14.02.2016. The injured was earning about Rs.30,000/- per month and as per the aforesaid ITR, his gross income was Rs.3,29,700/- and on the said amount he had paid a tax of Rs.1,000/-. It is argued that the ITR had been inflated only for the purpose of the claim petition and that no ITR was filed for the ...
Bharti Axa General Insurance Co Ltd. Vs.indu Gupta & Anr.
Court: Delhi
Decided on: Aug-28-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI $~11 * % + MAC.APP. 510/2015, CM APPL. 11560/2015 & CM APPL. Decided on:28. 08.2019 8184/2019 BHARTI AXA GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. Navneet Kumar and Mr. Mohit Singh, Advocates. Versus INDU GUPTA & ANR ........ RESPONDENTS Through: Mr. Vineet Chadha, Mr. Ajay Kumar and Mr. Pavit Singh, Advocates. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) CM APPL. 8184/2019 (by R-1 & R-2 for early hearing) 1.2. This application seeks early hearing of the appeal. For the reasons mentioned in the application, it is allowed. MAC.APP. 510/2015, CM APPL. 11560/2015 3.4. At joint request, the appeal is taken up for hearing. The award of compensation dated 30.03.2015 in MACP No.706/2013 is impugned on the ground that no contributory negligence has been apportioned to the driver of the motor car. The appellant argues that the car which dashed into the insured vehicle was going at a high uncontrollable MAC.APP. No.510-2015 Pa...
Bimla Khurana vs.the Financial Commissioner, Government of Nct of Delh ...
Court: Delhi
Decided on: Aug-28-2019
$~A-20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 10073/2016 BIMLA KHURANA Date of Decision:28. 08.2019 ........ Petitioner Through: Mr.Atul Nigam and Mr.Randhir Kumar, Advocates Versus THE FINANCIAL COMMISSIONER, GOVERNMENT OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Ms.Sapna Chauhan, Adv. for DDA Mr.Anil Tomar, Adv. for R1/GNCTD Mr.Naushad Ahmed Khan, ASC (Civil) with Mr.Zahid Hanief and Mr.Manish Chauhan, Advs. for GNCTD. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) 1. This writ petition is filed by the petitioner seeking a writ of certiorari/mandamus or any other appropriate writ to quash the order dated 16.10.2015 passed by the Financial Commissioner. Other connected reliefs are also sought including directing the respondents No.l to 4 to forbear themselves from interfering in any manner with the petitioner's right, title and interest and peaceful occupation and possession of land bearing khasra No.13/1(4-12) at Village Goela, Delhi and also dir...
Morgan Securities & Credits Pvt Ltd vs.videocon Industries Ltd (Thro R ...
Court: Delhi
Decided on: Aug-28-2019
$~36 * + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(OS) 96/2019 and C.M.Nos.20780/2019 (Stay), 35960/2019 (for dismissal of appeal) MORGAN SECURITIES & CREDITS PVT LTD ..... Appellant Through: Mr.K.Datta and Mr.Simran Mehta, Advocates. VIDEOCON INDUSTRIES LTD (THRO RP) versus ..... Respondent Through: Mr. Arjun Pall and Mr. Rakshit Akshay Jha, Advocates. CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH % ORDER2808.2019 Dr. S. Muralidhar, J:1. This is an appeal directed against an order dated 7th February, 2019 passed by the learned Single Judge in O.M.P. No.1106/2012, being a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (Act) filed by the present Appellant.2. The background to the present appeal is that an Award dated 29th April, 2013 was passed in favour of the Appellant and against the Respondent/ Videocon Industries Limited (VIL). That Award was challenged by VIL before the learned Single Judge by filing O.M.P. No.665/2013 under Section 34 of the Act. Dur...
Rakesh Passi & Anr. Vs.hawa Singh & Ors (Bajaj Allianz General Insuran ...
Court: Delhi
Decided on: Aug-28-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. 08.2019 Through: Mr. D. K. Sharma, Advocate. ..... Appellants (BAJAJ ALLIANZ GENERAL .....Respondents Through: Mr. Pankaj Gupta, Advocate for Ms. Suman Bagga, Advocate for Insurance Company. Versus MAC.APP. 549/2015 RAKESH PASSI & ANR. $~29 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. HAWA SINGH & ORS INSURANCE CO LTD) This appeal impugns the award of compensation dated 08.04.2015 passed by the learned MACT in MAC. Petition No.264/2008 on three grounds. Firstly, that the multiplier has been wrongly applied; the age of the deceased was 29 years, therefore, the multiplier of 17 ought to have been applied instead of 5. Secondly, while computing the compensation under the head of loss of dependency, 40% should have been added towards loss of future prospects. Lastly, the appellant submits that 50% contributory negligence apportioned upon the deceased is on the higher side, specially because the offending truc...
Ram Gopal & Anr. Vs.manju Suri
Court: Delhi
Decided on: Aug-28-2019
$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 08.2019 RC.REV. 235/2013 & CM APPL. Nos. 24660/2018 (recall), 30050/2018 (directions) and 48840/2018 (directions) RAM GOPAL & ANR versus MANJU SURI ........ Petitioners ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Sunil K.Mittal, Adv. For the Respondent : Mr. O.P.Aggarwal, Adv. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner/tenant impugns order dated 14.03.2013 whereby the eviction petition filed by the respondent has been allowed after trial.2. Respondent/landlady had filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act read with Section 25B contending that respondent had purchased property No.5561-5564 consisting of three shops on ground floor, one room on first floor and terrace and two tin sheds on the second floor. RC.REV.235-2013 Page 1 of 3 3. It was further contended that petitioner/landlady...
Vipin Bhardwaj vs.union of India & Ors.
Court: Delhi
Decided on: Aug-28-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28.08.2019 $~61 & 62. * + % W.P.(C) 1078/2015 VIPIN BHARDWAJ ........ Petitioner Through: Ms. Smita Maan with Mr. Vishal Maan, Advs. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Anuj Aggarwal, adv. for PWD. W.P.(C) 1332/2015 Mr. Yeeshu Jain with Ms. Jyoti Tyagi, Advs. for R-1. YOGENDRA NATH BHARDWAJ & ANR ........ Petitioner Through: Mr. Anunaya Mehta with Mr. Akshay Deep Singhal, Advs. with petitioner in person. versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Mr. Anuj Aggarwal, adv. for PWD. Mr. Yeeshu Jain with Ms. Jyoti Tyagi, Advs. for R-1 W.P.(C.) Nos. 1078 & 1332/2015 Page 1 of 12 Mr. Vikas Mahajan with Mr. Aakash Varma and Mr. Prajesh, Advs. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA VIPIN SANGHI, J.(ORAL) 1. We have heard learned counsels and proceed to dispose of the writ petitions with their consent. The reliefs sought in both the petitions is identical, hence ...
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