Delhi Court September 2019 Judgments
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Anand Singh vs.majoor Saha & Ors (Shriram General Insurance Co Ltd)
Court: Delhi
Decided on: Sep-12-2019
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 1116/2018 Decided on:12. 09.2019 ANAND SINGH ..... Appellant Through: Mr. Shekhar Aggarwal, Advocate. versus MAJOOR SAHA & ORS (SHRIRAM GENERAL INNSURANCE CO LTD) ........ RESPONDENTS Through: Mr. Sameer Nandwani, Advocate for CORAM: insurance company. HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award of compensation dated 29.09.2018 passed by the learned MACT in D-1126/2016 and seeks enhancement on the ground that it has erred in not granting compensation for loss of earning capacity. The appellant was injured in a motor vehicular accident resulting in permanent physical disablement of 15% in relation to his right upper limb which was on account of his having suffered fracture proximal humerus right in the right upper limb.2. The appellant has been granted Rs. 50,000/- as compensation on account of pain and suffering, however, apropos the disablement, the learned Tribunal has dealt with ...
Usha Gupta vs.bank of India
Court: Delhi
Decided on: Sep-12-2019
$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:05. h September, 2019 Pronounced on:12. h September, 2019 + RFA3522007 USHA GUPTA Through : Mr.Anunaya Mehta & Mr.Akshay ..... Appellant Deep Singhal, Advocates. BANK OF INDIA ..... Respondent Through : Mr.S.K.Garg, Mr.Aditya Kapoor, versus + RFA3422007 & CM APPL No.8823/2007 Ms.Mita Tandon, Advocates. BANK OF INDIA ..... Appellant Through : Mr.S.K.Garg, Mr.Aditya Kapoor, Ms.Mita Tandon, Advocates. USHA GUPTA versus ..... Respondent Through : Mr.Anunaya Mehta & Mr.Akshay Deep Singhal, Advocates. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. Both appeals impugn the judgment and decree dated 10.04.2007 passed by the learned Additional District Judge, Tis Hazari Courts, Delhi (hereinafter referred as the learned Trial Court) in Suit No.294/2004 whereby the suit was decreed in favour of Smt.Usha Gupta for damages @ Rs.1.00 Lac per month for use and occupation of the suit premises by the respondent/ bank unauthorizedl...
National Insurance Co Ltd. Vs.ravi Kumar Srivastava & Ors
Court: Delhi
Decided on: Sep-12-2019
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 388/2019, CM APPL. 13129/2019 & CM APPL. Decided on:12. 09.2019 37390/2019 NATIONAL INSURNACE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate. versus RAVI KUMAR SRIVASTAVA & ORS ........ RESPONDENTS Through: Mr. Navneet Goyal, Advocate for R Mr. Vaibhav Verma Indrajeet, Advocates for R-2 & R-3. and Mr. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award of compensation on the ground that the FIR was registered after 140 days of the alleged accident. Therefore, the FIR itself cannot form the basis of either negligence or the substratum for award of compensation.2. The learned counsel for the claimant submits that the FIR was only a corroborative document and did not form the very basis of the claim. The disability suffered is not in doubt. It has been duly proven that the claimant is 100% disabled, i.e. paraplegic in terms of the disability certificate issued by Guru Teg Bah...
Rohit Rana & Ors. Vs.state & Anr.
Court: Delhi
Decided on: Sep-12-2019
$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. 09.2019 + CRL.M.C. 4578/2019 ROHIT RANA & ORS. ........ Petitioners Through: Ms. Anu Sharma, Mr. Prince Gupta and Mr. Anshul Garg and Mr. Rukban Tyagi, Advs. versus STATE & ANR. ........ RESPONDENTS Through: Mr.M.S. Oberoi, APP for State with SI Ravi Rana Mr. Jayant Dabas and Mr. Nitesh, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL. M.A. 35644/2019 Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 4578/2019 Vide the present petition, the petitioners seek quashing of FIR No.32/2016, dated 21.01.2016, registered at Police Station Bawana (Outer) for the offences punishable under Sections 498A/4of the IPC and consequent proceedings arising therefrom. CRL.M.C. 4578/2019 Page 1 of 3 Notice. Notice is accepted by learned APP for the State and counsel for the respondent No.2 and with the consent of the counsel for the parties, the present petition is taken up for fi...
Om Prakash & Anr. Vs.bhim Singh Saini
Court: Delhi
Decided on: Sep-12-2019
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:12. 09.2019 RC.REV. 599/2016 & CM No.40762/2019 OM PRAKASH & ANR versus BHIM SINGH SAINI ........ Petitioners ..... Respondent Advocates who appeared in this case: For the... Petitioner: Ms.Shalini Kapoor, Advocate with Ms.Bindita Chaturvedi, Mr.Bharat Misra and Mr.Jitender Singh, Advocates along with petitioner no.1 in person. For the Respondent: Mr.N.S. Dalal, Advocate with Ms.Suman Chaudhary, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners impugn order dated 21.07.2016 whereby the leave to defend application of the petitioners has been dismissed.2. Respondent/landlord had filed the subject eviction petition seeking eviction of the petitioner on the ground of bonafide necessity from a shop on the ground floor in property No.1536, Tota Ram Bazar, Tri Nagar, Delhi-110035 more particularly shown in red colour in the site plan attached to the Eviction Petiti...
National Insurance Co. Ltd. Vs.ramnik Singh & Ors
Court: Delhi
Decided on: Sep-12-2019
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 735/2019 & CM APPL. 37026/2019 Decided on:12. 09.2019 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate. versus RAMNIK SINGH & ORS CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI Through: ........ RESPONDENTS NAJMI WAZIRI, J.(Oral) 1. In this appeal the insurer impugns the award of compensation dated 22.04.2019 passed by the learned MACT in MACT Case No.692/2017, on the ground that 42% disability has been assessed as 30% functional disability instead of 21% for the whole body. According to the disability certificate issued by the Guru Govind Singh Government Hospital, the victim/claimant had suffered 42% permanent disability in relation to his left upper limb. The said certificate was proven by Dr Naresh Chandra, PW-2. The condition of disability was categorised as non-progressive and not likely to improve either. The injured has also suffered post-traumatic instability in the right knee joint.2. The learned ...
Bank of India vs.usha Gupta
Court: Delhi
Decided on: Sep-12-2019
$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:05. h September, 2019 Pronounced on:12. h September, 2019 + RFA3522007 USHA GUPTA Through : Mr.Anunaya Mehta & Mr.Akshay ..... Appellant Deep Singhal, Advocates. BANK OF INDIA ..... Respondent Through : Mr.S.K.Garg, Mr.Aditya Kapoor, versus + RFA3422007 & CM APPL No.8823/2007 Ms.Mita Tandon, Advocates. BANK OF INDIA ..... Appellant Through : Mr.S.K.Garg, Mr.Aditya Kapoor, Ms.Mita Tandon, Advocates. USHA GUPTA versus ..... Respondent Through : Mr.Anunaya Mehta & Mr.Akshay Deep Singhal, Advocates. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. Both appeals impugn the judgment and decree dated 10.04.2007 passed by the learned Additional District Judge, Tis Hazari Courts, Delhi (hereinafter referred as the learned Trial Court) in Suit No.294/2004 whereby the suit was decreed in favour of Smt.Usha Gupta for damages @ Rs.1.00 Lac per month for use and occupation of the suit premises by the respondent/ bank unauthorizedl...
Naresh Chand & Ors vs.state & Anr
Court: Delhi
Decided on: Sep-12-2019
$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. 09.2019 + CRL.M.C. 4561/2019 NARESH CHAND & ORS ........ Petitioners Through Mr.Kuldeep Gola, Adv. versus STATE & ANR Through Mr. Izhar Ahmed, APP for State. ........ RESPONDENTS SI Sachin PS Subhash Place. Mr.J.S. Arya, Adv. with Ms.Dimple Nagpal, Adv. for complainant with complainant in person. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) Crl. M.A. 35591/2019 1.2. Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 4561/2019 3. Vide the present petition, the petitioners seek quashing of FIR No.421/2016 dated 18.07.2016 registered at Police Station Subhash Place instituted for the offences punishable under Sections 498A/4of the IPC and consequent proceedings arising therefrom. CRL.M.C. 4561/2019 Page 1 of 3 4.5. Notice issued. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present pet...
Narender Kumar Jain vs.p D Sharma
Court: Delhi
Decided on: Sep-12-2019
$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:12. 09.2019 RC.REV. 534/2016 & CM No.41753-41754/2016 NARENDER KUMAR JAIN versus P D SHARMA ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr.Surinder Jain, Advocate. For the Respondent: Mr.Ravi Varma, Advocate with Mr.Rakesh Kumar and Ms.Shurti Verma, Advocates. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner/tenant impugns order dated 04.07.2016, whereby the leave to defend application of the petitioner has been dismissed.2. Respondent/landlord filed an eviction petition under Section 14 (1) (b) and 14 (1) (e) of the Delhi Rent Control Act, 1958, seeking eviction of the petitioner from one shop measuring 10 ft. x 8 ft, on the ground floor in premises bearing no.1453, Gali No.100, Talab Road, Tri Nagar, Delhi-110035.3. The need expressed by the respondent in the eviction petition RC.REV.534/2016 Page 1 of 5 was that ...
Rekha Sharma vs.insolvency and Bankruptcy Board of India and Anr
Court: Delhi
Decided on: Sep-12-2019
$~22 * + W.P.(C) 7651/2018 REKHA SHARMA IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h September, 2019 ........ Petitioner Through: Appearance not given. versus INSOLVENCY AND BANKRUPTCY BOARD OF INDIA AND ANR. Through: Ms. Bindu K. Nair, Adv. for R-1. Mr. Atanu Mukherjee, Adv. for R2. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI JUDGMENT G.S.SISTANI, J.(ORAL) A very short issue comes up for consideration before this court. The petitioner has filed the present writ petition seeking to declare the amendment introduced to the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations 2016 (IBBI Regulations, 2016) notified on 27.03.2018 as unconstitutional to the extent that the amendment incorporates a criterion that the Limited Insolvency Examination is required to be cleared within the last 12 months before the application for enrolment is made with the Insolvency Professional Agency, as was c...
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