Delhi High Court

93,075 judgments

Year:

Mr. Yogesh Chhabra, Advocate v. CHATUR SAIN .....

17 Nov 2014 · HON'BLE MR. JUSTICE SUNIL GAUR · 2014:DHC:6106

The Delhi High Court set aside possession decrees passed under Order XII Rule 6 CPC due to an existing interim restraining order by the Mahila Court under the Protection of Women From Domestic Violence Act, directing that civil proceedings be deferred until such order is vacated.

civil appeal_allowed Significant Order XII Rule 6 CPC Protection of Women From Domestic Violence Act, 2005 interim restraining order possession decree

Mr. S.N. Parashar, Adv. v. UNION OF INDIA .....

17 Nov 2014 · HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(ORAL) · 2014:DHC:6108

The Delhi High Court allowed the appeal and awarded compensation to the legal heirs of a passenger who died after accidentally falling from a running train, holding that such an incident qualifies as an untoward incident under the Railways Act and that the passenger was bona fide despite holding a general ticket.

civil appeal_allowed Significant Railways Act 1989 untoward incident compensation bona fide passenger

Ms. Aruna Mehta, Adv. v. UNION OF INDIA .....

17 Nov 2014 · HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(ORAL); Applic... · 2014:DHC:6110

The Delhi High Court dismissed the appeal against the Railway Claim Tribunal’s rejection of compensation, holding that the appellants failed to prove the deceased was a bona fide passenger who died due to an untoward incident on the train.

civil appeal_dismissed Railways Act 1989 Section 123 Section 124-A bona fide passenger

JAGDISH P. KHANNA v. For the

17 Nov 2014 · HON'BLE MR. JUSTICE BADAR DURREZ AHMED; HON'BLE MR. JUSTICE... · 2014:DHC:6090-DB
Cites 2 · Cited by 0

The Delhi High Court held that acquisition proceedings under the 1894 Act lapse under Section 24(2) of the 2013 Act if compensation is not paid to the landowner and possession is not taken within five years, and mere deposit of compensation in Court without offering it to the landowner does not constitute payment.

property petition_allowed Significant Section 24(2) RTFCTLARR Act 2013 Land Acquisition Act 1894 compensation payment physical possession

AMIN KHAN & ORS v. CORAM:-

17 Nov 2014 · HON’BLE MR JUSTICE BADAR DURREZ AHMED; HON’BLE MR JUSTICE SI... · 2014:DHC:6114-DB
Cites 2 · Cited by 0

The Delhi High Court held that acquisition proceedings under the 1894 Act with an award older than five years and unpaid compensation are deemed lapsed under Section 24(2) of the 2013 Act.

property petition_allowed Significant Section 24(2) of 2013 Act Land Acquisition Act, 1894 lapse of acquisition proceedings non-payment of compensation

HARISH CHAND & ORS v. For the

17 Nov 2014 · HON'BLE MR JUSTICE BADAR DURREZ AHMED; HON'BLE MR JUSTICE SI... · 2014:DHC:6115-DB
Cites 2 · Cited by 0

The Delhi High Court held that acquisition proceedings under the 1894 Act lapse if compensation is not paid within five years of the award as per Section 24(2) of the 2013 Act, regardless of possession claims.

property petition_allowed Significant Section 24(2) of 2013 Act Land Acquisition Act 1894 compensation non-payment acquisition proceedings lapse

MOHD. NASEEM & ORS v. For the

17 Nov 2014 · HON'BLE MR JUSTICE BADAR DURREZ AHMED; HON'BLE MR JUSTICE SI... · 2014:DHC:6116-DB
Cites 2 · Cited by 0

The Delhi High Court held that acquisition proceedings under the Land Acquisition Act, 1894, where compensation remains unpaid for over five years before the 2013 Act, are deemed lapsed under Section 24(2) of the 2013 Act.

property petition_allowed Significant Section 24(2) RTFCTLARR Act 2013 Land Acquisition Act 1894 lapse of acquisition proceedings non-payment of compensation

USHA RANI v. LAND ACQUISITION COLLECTOR (SOUTH) & ANR

17 Nov 2014 · HON'BLE MR JUSTICE BADAR DURREZ AHMED; HON'BLE MR JUSTICE SI... · 2014:DHC:6119-DB
Cites 1 · Cited by 0

The Delhi High Court held that acquisition proceedings pending without possession or compensation for over five years under the 1894 Act are deemed to have lapsed under Section 24(2) of the 2013 Act.

property petition_allowed Significant Section 24(2) of 2013 Act Land Acquisition Act 1894 acquisition proceedings lapse possession and compensation

VIKRAMJIT SINGH & ANR v. For the

17 Nov 2014 · HON'BLE MR JUSTICE BADAR DURREZ AHMED; HON'BLE MR JUSTICE SI... · 2014:DHC:6113-DB
Cites 1 · Cited by 0

The Delhi High Court held that land acquisition proceedings pending without possession or compensation for over five years prior to the 2013 Act have lapsed under Section 24(2) of the Act, granting relief to the petitioners.

property petition_allowed Significant Section 24(2) of 2013 Act land acquisition Right to Fair Compensation and Transparency in Land Acquisition Act lapse of acquisition proceedings

dated 17.11.2014 PARAG JAIN ..... Plaintiff v. RAJNI JAIN & ORS ..... Defendant

17 Nov 2014 · HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) · 2014:DHC:6131

The Delhi High Court held that the plaint cannot be rejected under Order VII Rule 11 CPC merely due to absence of the owner's signature on the agreement to sell when there is sufficient material showing consent, and the suit discloses a cause of action.

civil appeal_dismissed Significant Order VII Rule 11 CPC rejection of plaint cause of action agreement to sell

MANJEET SINGH & ORS ..... Petitioners Through Mr. Anil Singh, Advocate with petitioners. v. STATE & ORS ....

17 Nov 2014 · HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA SUDERSHAN KUMAR MI... · 2014:DHC:6122

The Delhi High Court quashed a non-compoundable criminal proceeding arising from matrimonial disputes under Sections 406, 498-A, and 34 IPC on the basis of an amicable settlement and mutual dissolution of marriage, applying its inherent powers under Section 482 Cr.P.C.

criminal petition_allowed Significant Section 482 CrPC quashing of FIR matrimonial disputes Section 498-A IPC

Mr. Ajay Kumar, Adv. v. GOVT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR .....

17 Nov 2014 · HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA SUDERSHAN KUMAR MI... · 2014:DHC:6123

The Delhi High Court quashed a non-compoundable criminal proceeding under Sections 498A/406 IPC and Dowry Prohibition Act based on an amicable settlement and divorce between the parties, applying the inherent powers under Section 482 Cr.P.C.

criminal petition_allowed Significant Section 482 Cr.P.C. quashing of FIR matrimonial disputes Section 498A IPC

In FAO(OS) 55/2012 NATIONAL HIGHWAYS AUTHORITY OF INDIA v. CORAM:

17 Nov 2014 · HON’BLE MR. JUSTICE S. RAVINDRA BHAT; HON'BLE MR. JUSTICE RA... · 2014:DHC:6082-DB

The Delhi High Court allowed review to set aside the arbitral award's direction for compound interest, holding that inadvertent counsel concessions on pure legal questions do not bind the client and arbitrators lack power to award compound interest under Section 31(7) of the Arbitration Act.

civil appeal_allowed Significant compound interest arbitral award Section 31(7) Arbitration Act review petition

Mr. Sachin Chauhan, Advocate. v. UNION OF INDIA & ORS. .....

17 Nov 2014 · HON'BLE MR. JUSTICE S. RAVINDRA BHAT · 2014:DHC:6124-DB

The Delhi High Court held that damages for unauthorized occupation of government accommodation must be determined through statutory proceedings under the Public Premises Act and set aside unilateral withholding of gratuity by the Directorate of Estates.

administrative petition_allowed Significant government accommodation general pool residential accommodation unauthorized occupation Public Premises (Eviction of Unauthorised Occupants) Act, 1971

THE ORIENTAL INSURANCE CO LTD ..... Through Mr.J.P.N. Shahi, Advocate. v. BHAGWAT SINGH & ORS .....

17 Nov 2014 · HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J. (ORAL) · 2014:DHC:6134

The Delhi High Court upheld the Motor Accident Claims Tribunal's award granting 50% future prospects in compensation and held the offending vehicle solely liable for the accident, dismissing the insurer's appeal.

civil appeal_dismissed Significant motor accident claim loss of dependency future prospects rash and negligent driving

NATIONAL INSURANCE CO LTD ..... Through Mr.Pradeep Gaur, Advocate v. UMAR MOHD AND ORS .....

17 Nov 2014 · HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J. (ORAL) · 2014:DHC:6135

The Delhi High Court upheld joint liability of two insurers for a motor accident compensation award, modified future income prospects enhancement, and condoned delay in filing appeal.

civil appeal_allowed Significant motor accident claim insurance liability functional disability future prospects

Through Mr. Ashish Pratap Singh, Adv v. M/S SENBO ENGINEERING LTD ....Defendant

17 Nov 2014 · HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J. · 2014:DHC:6129

The Delhi High Court held that the defendant contractor must pay the plaintiff subcontractor the outstanding amount for approved work after receiving payment from DMRC, rejecting unsubstantiated claims to withhold payment.

civil appeal_allowed recovery of money civil construction contract subcontractor payment final bill

Mr.Rajat Aneja, Advocate. v. SH. OM PRAKASH ARYA & ORS. ......

17 Nov 2014 · HON’BLE MR. JUSTICE VALMIKI J.MEHTA; To be referred to the R... · 2014:DHC:6111

The Delhi High Court allowed impleadment of a purchaser pendente lite as a necessary party in a property suit, clarifying the applicability of the Suraj Lamp judgment to documents executed before 24.9.2001.

civil appeal_allowed Significant purchaser pendente lite impleadment Order XXII Rule 10 CPC Agreement to Sell

th November, 2014 RADHEY SHYAM ..... Petitioner Through Mr. Sanjay Jain & Mr. Ashok Jain, Advocates. v. PUNJAB & SIND BANK & ORS. .....

17 Nov 2014 · HON'BLE MR. JUSTICE SANJIV KHANNA; HON'BLE MR. JUSTICE V. KA... · 2014:DHC:6125-DB

The Delhi High Court dismissed the writ petition upholding the recovery order against the petitioner for creating an equitable mortgage, holding that presummoning criminal evidence is inadmissible in recovery proceedings.

civil petition_dismissed equitable mortgage title deed Debt Recovery Tribunal Debt Recovery Appellate Tribunal

Mr. J.S.Vohra, Adv. v. SARWAN KUMAR ......

17 Nov 2014 · HON’BLE MR. JUSTICE VALMIKI J.MEHTA; To be referred to the R... · 2014:DHC:6121

The High Court held that a bonafide necessity eviction petition under the Delhi Rent Control Act can only be maintained by the owner, and a civil court's binding judgment denying ownership mandates dismissal of the eviction petition.

property appeal_allowed Significant Delhi Rent Control Act, 1958 bonafide necessity eviction ownership civil court judgment