ma Professional baseball pitcher Mary Pratt, of the Rockford Peaches, has died aged 101 By www.dailymail.co.uk Published On :: Sun, 10 May 2020 05:42:15 GMT Mary Pratt (pictured), who played for the All-American Girls Professional Baseball League teams, The Rockford Peaches and Kenosha Comets in the 1940s, died Wednesday. Full Article
ma Metropolitan police officers' spokesman blasts coronavirus response as 'wishy washy' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:43:27 GMT The Metropolitan Police Federation's Ken Marsh said British authorities 'needed to be firmer right from the beginning'. Pictured: Sunbathers in Greenwich Park, London yesterday. Full Article
ma Britain's biggest unions threaten to tell workers to refuse return unless workplaces are made safe By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:45:00 GMT Leaders of unions such as Unite, Unison and the General have written an open letter to Boris Johnson demanding the government puts policies in place to make workplaces safe. Full Article
ma Major sport returns for first time during coronavirus pandemic as UFC 249 takes place in Florida By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:23:08 GMT Major sport returned for the first time during the coronavirus pandemic as UFC 249 took place without fans in Florida. The leading mixed martial arts promotion overcame controversy Full Article
ma Oprah walks 2.26 miles to mark Ahmaud Arbery's 26th birthday who was gunned down while jogging By www.dailymail.co.uk Published On :: Sun, 10 May 2020 06:57:51 GMT Oprah Winfrey walked 2.26 miles to mark Ahmaud Arbery's 26th birthday. 'I wonder what was he thinking in those last seconds of his life?,' Oprah wrote in the Instagram post. Full Article
ma Bill Maher says Democrats should ignore Biden sexual assault accuser Tara Reade's claims By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:30:05 GMT The comedian and political commentator devoted part of Friday's Real Time with Bill Maher monologue to addressing the potential fallout of Reade's claims against the former Vice President. Full Article
ma Sh. Jagannath Sharma. vs Himachal Road Transport ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Himachal Road Transport Corporation Mandi Depot through its Regional Manager at Mandi H.P. 3. Himachal Road Transport Corporation Rohru Depot through its Regional Manager at Rohru H.P. 4. Himachal Road Transport Corporation Shimla through its Managing Director at Shimla H.P. (HRTC Head Office)Shimla-III ......Respondents/Opposite parties Coram Hon'ble Justice P.S. Rana (R) President Hon'ble Ms. Sunita Sharma Member Hon'ble Mr. R.K. Verma Member Whether approved for reporting?1 Yes. For Appellant : Mr. Amit Kanwar Advocate. For Respondents : Mr. Dhiraj Kanwar Advocate. JUSTICE P.S. RANA (R) PRESIDENT: Full Article
ma Smt. Subbalakshmi Kurada, ... vs Assistant Commissioner Of Income ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ITA No.2493/Bang/2019 Page 2 of 6 2. We heard the parties and perused the record. During the year under consideration, the assessee sold a residential house property for a sum of Rs.12.75 crores on 06-11-2015. She purchased another residential house property on 17-02-2016 for Rs.11.02 crores. The new house property was purchased in the joint name of the assessee and her son Shri Kurada Sagar Chakravarthy. The assessee claimed deduction of Rs.8.47 crores u/s 54 of the Act towards the cost of new residential house property against the long term capital gain arising on sale of original house property. Since the new residential house property has been purchased in the name of assessee and her son, the AO restricted the deduction u/s 54 of the Act to 50%, i.e., he allowed deduction to the extent of Rs.4.23 crores only. The Ld CIT(A) also confirmed the same and hence the assessee has filed this appeal. Full Article
ma Manoj Kumar vs The State Of Bihar on 9 April, 2020 By indiankanoon.org Published On :: Thu, 09 Apr 2020 00:00:00 +0530 The petitioner is an accused in Samastipur Town P.S. Case No. 269 of 2018, registered for the offences punishable under Section 138 of the Negotiable Instruments Act, 1881 and Patna High Court CR. MISC. No.19079 of 2020(2) dt.09-04-2020 2/6 Sections 406, 420, 467, 468, 471 and 506 of the Indian Penal Code. My attention has been drawn by Mr. Rakesh Chander Agrawal, learned counsel appearing on behalf of the petitioner, to page 34 of the present application which is the written statement of the informant and the basis for registration of the First Information Report. It is alleged in the written statement that the informant runs a business in the name and style of Maa Vaishnav Galla Bhandar at Samastipur and deals in supply of mustard oil and other edible oils. The petitioner is the Director of S.B.O. Exports Private Limited, New Delhi. Certain supply was made by the informant to the Company for a sum of Rs.4,96,897/-. The petitioner, in his capacity as Director of the Company, had allegedly issued and delivered, at Samastipur, a cheque on 18.06.2018 in favour of the informant of the said amount of Rs.4,96,897/- for having delivered edible oils to the petitioner. The petitioner had requested the informant to present the cheque for encashment in July, 2018. Allegedly, when he presented the cheque, the same stood dishonoured because of insufficiency of fund in the account of the petitioner. There is statement made by the informant that on the petitioner's request, he had again deposited the cheque for encashment, which again Patna High Court CR. MISC. No.19079 of 2020(2) dt.09-04-2020 3/6 stood dishonoured for the same reason. Requisite statutory notice was issued to the petitioner for payment of the amount in question. The petitioner, however, did not pay the amount, which compelled the informant to lodge the First Information Report, the informant alleges. Full Article
ma Nawash Kumar @ Nawash Singh @ ... vs The State Of Bihar on 10 April, 2020 By indiankanoon.org Published On :: Fri, 10 Apr 2020 00:00:00 +0530 No one appears on behalf of State as copy of the petition has not been served in the Office of Advocate General. Learned counsel for the petitioner is directed to serve a copy of the regular bail petition in the Office of Advocate General through email i.e. advocategeneralbihar@gmail.com. List this case on 15.04.2020 at 11:00 am. (S. Kumar, J) ranjan/- U Full Article
ma Vinay Kumar Sinha @ Vinay Kumar ... vs The State Of Bihar on 10 April, 2020 By indiankanoon.org Published On :: Fri, 10 Apr 2020 00:00:00 +0530 It is submitted on behalf of petitioner that he is 62 years old and is hypertensive, diabetic and cardiac patient having blockage of 85 to 100 per cent and has been advised by- pass surgery. It is submitted that due to outbreak of COVID-19 Patna High Court CR. MISC. No.3391 of 2019(12) dt.10-04-2020 2/3 Pandemic, risk of petitioner being infected by the Corona virus is very high in view of his ill health and congested conditions of jail at present, as such he may be released on provisional bail for a period of 8 weeks, so, that he may live in isolation for said period and get proper treatment. Petitioner is in custody since 28.11.2017. Full Article
ma Bhola Roy @ Nawal Kumar vs The State Of Bihar on 10 April, 2020 By indiankanoon.org Published On :: Fri, 10 Apr 2020 00:00:00 +0530 This application has been filed seeking anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lodipur P.S. Case No. 15 of 2020, registered for the offence punishable under Sections 363 and 366A/34 of the Indian Penal Code. Father of the alleged victim is the informant and it appears from the First Information Report that the contents of the written statement of the informant are based on the information, which he had allegedly gathered from the victim on mobile-phone on 16.01.2020. It is alleged in the First Information Report that the informant's daughter had gone to attend her school on 09.01.2020, where she was studying in Class XII, but she did not return home, thereafter. According to the informant, a co-accused Vidyo Kumar Rai had kidnapped in the informant's daughter and the petitioner and another co- accused had accompanied the main accused. Full Article
ma Anil Sah @ Anil Kumar Gupta vs The State Of Bihar on 17 April, 2020 By indiankanoon.org Published On :: Fri, 17 Apr 2020 00:00:00 +0530 The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice at the instance of the learned counsel for the petitioner. Heard learned counsel for the petitioner and learned counsel for the State. Vide order dated 04.03.2020 passed in Cr. Misc. No. 66603 of 2019, the petitioner was granted bail in connection with Hussainganj P.S. Case No. 282 of 2018 giving rise to Sessions Trial No. 194/2019 to the satisfaction of learned Additional District and Sessions Judge-VII, Siwan but inadvertently in the last paragraph of order dated 04.03.2020, in place of Sessions Trial No. 194/2019, the same had been typed as Sessions Trial No. 194/2009. Full Article
ma Arun Kumar vs The State Of Bihar Through The ... on 27 April, 2020 By indiankanoon.org Published On :: Mon, 27 Apr 2020 00:00:00 +0530 Heard Mr. Rakesh Kumar Sharma, learned counsel for the petitioner and Mr. P.N.Shahi, learned Additional Advocate General for the State along with Mr. Sanjay Pandey, learned counsel of the Board. In this application under Section 482 Cr.P.C., the petitioner has sought for modification in the order dated 31.01.2020 passed in Cr. Misc. No.67419 of 2019 whereby a Bench of this Court had granted provisional bail to the petitioner in connection with Sastri Nagar P.S.Case No.733 of 2019 on fulfilling certain conditions and the provisional bail was to be confirmed only after fulfillment of the remaining part of the Patna High Court CR. MISC. No.19089 of 2020(2) dt.27-04-2020 2/4 terms. Full Article
ma Rajeev Kumar Sharma vs The State Of Bihar, Its Chief ... on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 Apr 2020 00:00:00 +0530 List this case on 11.05.2020, in order to enable learned counsel for the State to file counter affidavit. (S. Kumar, J) ranjan/- U Full Article
ma Rana Singh vs The State Of Bihar on 1 May, 2020 By indiankanoon.org Published On :: Fri, 01 May 2020 00:00:00 +0530 The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice at the instance of the learned counsel for the petitioners. Heard learned counsels for the petitioners and learned A.A.G.-4 for the State. Following reliefs have been sought for in paragraph 1 of the writ application: 1(i) To set aside/grant an order of stay of the order of settlement of Shairat of "Suhiya Bhagar Jalker", Shahpur, Bhojpur for the financial year 2020-21 contained in Memo No. 994/Ra, dated 07.04.2020 (Annexure-4) issued by the respondent no. 4, Additional Collector, Bhojpur as the same has been passed without following the procedure of open tender/Bid/Dak as per the Advertisement dated 27th February 2020 (Annexure-1) published in the local Daily Newspaper. Full Article
ma Madhusudan Pandy, vs The State Of Bihar, on 1 May, 2020 By indiankanoon.org Published On :: Fri, 01 May 2020 00:00:00 +0530 Mr. N. K. Agarwal, learned Senior counsel assisted by Mr. Manoj Kumar Pandey, learned counsel appeared for the petitioner and Mr. Kumar Alok, Standing Counsel-27 appeared for the State respondents. The Office has pointed out some defects. The petitioner shall ensure removal of the defects within two weeks of the start of normal functioning of the Court, failing which this application would stand dismissed. In this writ application, the petitioner has sought for quashment of order contained in Annexure-1 vide Memo No. 683 dated 06.04.2020 passed by Sub-Divisional Officer, Sadar, Patna High Court CWJC No.5626 of 2020(2) dt.01-05-2020 2/3 Ara (respondent no.2), whereby the PDS License No. 13/2016 of the petitioner was cancelled. Full Article
ma M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 1 May, 2020 By indiankanoon.org Published On :: Fri, 01 May 2020 00:00:00 +0530 Heard learned counsels for the petitioner, the State and the BIADA. The present interlocutory application has been filed seeking amendment in the relief portion i.e. paragraph no. 1 of the writ petition and consequently in paragraph no. 2 and the prayer portion thereof. The amendment sought for in paragraph 2 of the I.A. is as follows: "1(iii) To issue an appropriate writ/order/direction in the nature of Certiorari quashing the order dated 24.04.2020 as contained in memo no. 1237/D dated 24.04.2020 whereby and whereunder the Respondent BIADA has rejected the application dated 22.04.2020 (Anx.-5 )filed by the petitioner Company for issue of lockdown pass; Full Article
ma M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 Learned counsels for the petitioner, the State and the BIADA are present. Mr. Yashraj Bardhan, learned counsel for the BIADA submits that the arguing counsel Mr. Lalit Kishore is engaged before D.B.-II, hence the matter be taken up tomorrow at 10.30 A.M. As prayed for, list this matter tomorrow i.e. on 06.05.2020 at 10.30 A.M. under the same heading. (Sudhir Singh, J) Pankaj/Narendra U Full Article
ma M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Learned counsels for the petitioner, the State and the BIADA are present. Mr. Yashraj Bardhan, learned counsel for the BIADA submits that there is a bereavement in the family of the arguing counsel Mr. Lalit Kishore, hence the matter may be passed over for the day. As prayed for, list this matter tomorrow i.e. on 07.05.2020 at 2.15. P.M. under the same heading. (Sudhir Singh, J) Pankaj/Narendra U Full Article
ma Jahangirpur Primary Agriculture ... vs The State Of Bihar on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 2. Naturally, filing of the writ application has been found to be defective being inconsistent with the filing procedure prescribed under the High Court Rules, on many counts. 3. The petitioner is a Primary Agriculture Cooperative Society (PACS) registered under the Bihar Cooperative Societies Act, 1935 and is, therefore, a body corporate. The PACS has been given licence to run a fair price shop. There is no averment in the writ application as to when such licence was granted to the PACS, though it is stated in paragraph-5 of the application that for last one decade various similar cooperative societies of the State are successfully conducting the business of fair price shops in addition to discharge of their other duties including procurement of food grains under the procurement schemes of the Government. Full Article
ma M/S Khushee Construction vs The State Of Bihar on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Heard Mr. P. K. Shahi, learned Senior Counsel, appearing for the petitioner and Mr. S. D. Yadav, learned Additional Advocate General No.9, appearing for the State- respondents. Patna High Court CWJC No.3963 of 2020(2) dt.06-05-2020 2/6 The petitioner is a partnership firm engaged in the business of government contract registered as Class-I Contractor. Since the petitioner was lowest bidder its bids were accepted by the respondent No.8, the Executive Engineer, Public Health Engineering Division, Saharsa, Bihar. Consequent upon the petitioner and respondent No.8 entered into 118 agreements separately for the purpose of different works as mentioned in different agreements, a copy at Annexure-4 series to the writ petition. The petitioner had deposited certificate of different deposits as security money for separate contracts. The certificates of deposits of money either in the fixed deposit or term deposit scheme were issued by the post office of Mithapur Branch. Later on those certificates were found to be forged document. Thereafter, the petitioner was intimated about by respondent No.8 and petitioner supplied fresh documents in the nature of certificate of deposit in the IDBI Bank as security for the referred contract. A copy of the fresh documents dated 13.12.2019 are at Annexure-5 series. The respondent No.8 verified the genuineness of the subsequent documents from the IDBI Bank vide letter at Annexure-10 series dated 26.12.2019. The Bank reported that the documents are genuine one. Patna High Court CWJC No.3963 of 2020(2) dt.06-05-2020 3/6 The petitioner has stated on oath that respondent No.8 accepted the subsequent documents of deposit in the IDBI Bank as security money and the said documents are still in possession of respondent No.8. The acceptance of the subsequent security document was by necessary implication as respondent No.8 verified the genuineness of those documents from the bank authorities and the bank authorities reported the same as genuine documents. The act of verification was for some purpose and not for fun. Full Article
ma M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 Heard Mr. Sanjay Singh and Mr. Nikhil Kumar Agrawal for the petitioner, Mr. Lalit Kishore, Senior Counsel and Mr. Yashraj Bardhan for the BIADA and Mr. Vikas Kumar, S.C.-11, for the State. Order is reserved. Learned counsels for the parties seek permission to file a written note of argument by tomorrow. Permission is accorded. Put up this matter on 12.05.2020 at 10.30. A.M. under the heading 'For Orders'. (Sudhir Singh, J) Pankaj/Narendra U Full Article
ma Union Of India vs Mi Marathi Media Ltd on 14 January, 2020 By indiankanoon.org Published On :: Tue, 14 Jan 2020 00:00:00 +0530 2. Only to avoid repetition of facts relating to the petitioner and because the nature of agreements with the respondent(s) in both the petitions are similar, both the petitions involving claim for a money decree have been heard together and shall be governed by this common judgement and order. 3. As noted earlier, the petitions have been filed for money decree. In BP No. 39 of 2018, the total claimed amount is for Rs.1,31,40,753.00 involving dues payable from October 2015 onwards, In B.P. No, 163 of 2018, the claim is for an amount of Rs.7,53,44,675.00 to cover dues from January 2011 | onwards. The prayer has been made for pendente lite and future interest also at the rate of 18% p.a. in both the petitions. In B.P. No.163 of 2018, there is an additional prayer for an amount of Rs. 63,843.00 said to have been deducted by the respondent{s) as TDS during the Financial Year 2011-12 but allegedly not deposited with the Income Tax Authorities, Full Article
ma The Branch Managar State Bank Of ... vs The Managing Director Nakoda ... on 21 January, 2020 By indiankanoon.org Published On :: Tue, 21 Jan 2020 00:00:00 +0530 >. Learned counsel for the appellants has also filed written notes of arguments and in reply a further written note of arguments has been filed by learned counsel for the respondent. The respondent, as an account holder in the State Bank of India (SBI), suffered a loss of Rs. 18,35 lakh through 20 internet transactions and the money was transferred to 20 accounts, all with the SBI. The account holder/complainant filed Petition No. 1 of 2013 before the leamed A.O./Secretary to Government, Information Technology, Electronics and Communications Department, Government of Andhra Pradesh. After hearing the parties in detail and taking into consideration the defence of the Bank, which is the appellants herein, and all the relevant documents, learned A.O. by the impugned order dated 12,3.2014 has allowed claim of the complainant who is respondent herein and directed SBI to pay the entire amount of Rs. 18.35 lakh with interest from the date of loss ie. 13.5.2012 till the date of payment along with the costs of Rs. 39,750.00. The rate of interest is 18% per annum. Admittedly, nothing has been paid by SBI so far. Full Article
ma Union Of India vs Broadcast Initiatives Ltd on 3 March, 2020 By indiankanoon.org Published On :: Tue, 03 Mar 2020 00:00:00 +0530 2. At the outset, it is deemed useful to record that besides the two agreements both dated 1.4,2012 between the parties which are covered by present petition, the petitioner and a sister concern of the respondent namely, Mi Marathi Media Ltd. also had a similar agreement with the petitioner. Some of correspondences ayailable on record support the aforesaid fact and disclose common meetings on the issue of outstanding dues. 3. Against Mi Marathi Media Utd, alryost in similar factual situation, petitioner had preferred BP No. 39 of 2018 for claiming an amount of Rs. 1.31 crores approximately. After considering ali the relevant issues, that broadcasting petition alongwith BP No. 163 of 2018 was heard ex-parte and substantially allowed by a recent judgment and order of this Tribunal dated 14.2.2020. Learned counsel for the petitioner has placed strong reliance upon that judgment more so because this petition is also against the sister concern of Ml Marathi Media having aimest identical factual background and is also being heard ex-parte. This petition has been filed for a money decree for an arnount of Rs. 2,46,20,606/- and for pendente lite and future interest @ 18% ¢.a, 4, The petitioner is Union of india in the capacity of a service provider. The respondent, who is a broadcaster Heencee, is.alse a service previder. The respandent has been shawn ta be ef a "Hcencee" within the meaning of the term under the TRA! Act, 1997. The petition is, therefore, claimed ta be covered within the ambit of Section 14 of the TRAI Act. Full Article
ma Gmr/Hyderabad International ... vs Aera And Ors on 4 March, 2020 By indiankanoon.org Published On :: Wed, 04 Mar 2020 00:00:00 +0530 2. The Appellate Tribunal at the relevant time could not take up the appeals because of vacancies in its composition and therefore, the appellant approached the Hon'ble High Court of Hyderabad through a writ petition bearing WP No.22474/2014 to challenge the impugned Tariff Order dated 24.02.2014 and also to seek its suspension/stay. The High Court issued notices and by an order passed on 26.11.2014 it also directed the Registry to requisition/eall for the records of the present appeal. The Appellate Tribunal was also directed to send the records of this appeal which was accordingly sent within time. It may be noted that the High Court did not transfer the appeal to itself but only requisitioned the records. When the Appellate Tribunal began to function, then in the presence of learned counsel for the appellant, vide order dated 26.11.2015, it held that since the Hon'ble High Court has decided to examine the correctness and validity of the impugned Tariff Order challenged in the present appeal, the appeal has been rendered mfructuous. Full Article
ma Indusind Media & Communications ... vs Perfect Octave Media Projects Ltd on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 os Nobody has appeared on behalf of the respondent even after service of notice and as a result the petition has been heard ex parte. The respondent has not appeared at any stage and has filed neither reply nor any affidavit of evidence 2. The petitioner company carries on the business of receiving signals from broadcasters of various television channels and of redistributing the same through franchisee cable network. The respondent company carries on business as a broadcaster/eontent provider. Both the parties are service providers and as such amenable to the jurisdiction of this Tribunal. 3. Through this petition, the petitioner is seeking recovery of Bs.13,41,756/- said to be the outstanding dues inclusive of interest as on 15.03.2016 along with interest @ 18% til the date of realization from the respondent. The dues are towards carriage fee for the services availed by the respondent from the petitioner for carriage of its television channels. Full Article
ma Imcl vs Optimmus Media Network India Pvt ... on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 3. Through this petition, the petitioner is seeking recovery of Rs. l6,52,587/- said to be thé outstanding dues inclusive of Interest as on 15.03.2016 along with interest @ 18% ail the date of realization from the respondent. The dues are iowards carriage fee for the services availed by the respondent from the petitioner for carriage of tts television channels. of areas and other details including the schedule of carriage foe and payment schedule are mentioned in the agreement dated LB.1O2013 which was valid for one year for the period 23.05.2015 to 22.05.2016. A oypy of the agreement is annexed with the petition and has also been proved as exhibit. Trac and correct copies of the inveices and a credit note have also heen proved as an exhibit icolly.). These show that the dues are as per invoices and pertain to the period covered by the agreement. Full Article
ma Indusind Media & Communications ... vs Lemon Entertainment Ltd on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 2. Yhe petitioner company carries on the business of receiving signals from Pt gh ei ae broadcasters of various television channels and of redistributing the same thr franchisee cable network. The respondent company carries on business as a broadeaster/content provider. Both the purlies are service providers and as such amenable to the jurisdiction of this Tebunal, 3. Through this petition, the petitioner is seek dng recovery of Re.4d0 98 000/. aid to be the oufstand) me dues inelusive of interest as on 1s 03 2016 along with os interest @ 18% till the date of realization from the re Spondent. The dues are a towards carriage fee for the services availed by the respondent trom the petitioner for carnage of its television channels. Full Article
ma Delhi International Airport Ltd vs Airport Economic Regulatory ... on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 2. The other appeal (No.7of 2013) has been preferred by Federation of Indian Airlines (FIA) which has challenged the legality etc. of a subsequent Order No.30/2012-13 dated 28.12.2012 issued by AERA in exercise of powers under Section 13(1)(b) of the AERA Act read with Section 22A of the Airports Authority of India Act 1994(AAI Act) to re-determine the amount of DF at IGI Airport, New 4 Delhi. By this order AERA reviewed the earlier DF Order dated 14.11.2011 in a small measure, reduced the rate of DF w.e.f. 01.01.2013 and extended the levy period upto April, 2016 subject to further review. The FIA, it appears, had challenged the earlier DF order dated 14.11.2011 also. Its stand is that levy of DF to bridge the funding gap for IGI Airport is contrary to law and the relevant agreements which cast a duty upon DIAL to arrange for funds for development of the Airport. It is also pleaded that the project cost has been blown-up beyond realistic proportions and AERA has failed to exercise the required level of scrutiny which would have kept the final project cost at a reasonable and permissible level. Full Article
ma Indusind Media & Communications ... vs Mi Marathi Media Ltd on 16 April, 2020 By indiankanoon.org Published On :: Thu, 16 Apr 2020 00:00:00 +0530 2. The petitioner company carries on the business of receiving signals from broadcasters of various television channels and of redistributing the same through franchisee cable network. The respondent company carries on business as a broadcaster/content provider. Both the parties are service providers and as such amenable to the jurisdiction of this Tribunal. 3. Through this petition, the petitioner is seeking recovery of Rs.1,44,84,050/- (Rupees One Crore Forty Four lakhs Eighty Four Thousand Fifty Only) said to be the outstanding dues inclusive of interest as on 09.02.2016 along with interest @ 18% till the date of realization from the respondent. The dues are towards carriage fee for the services availed by the respondent from the petitioner for carriage of its television channel "Mi Marathi". Full Article
ma Laljee Khangar vs Chairman M.P Seiaa 5 Ors on 30 September, 2014 By indiankanoon.org Published On :: Tue, 30 Sep 2014 00:00:00 +0530 Shri Dharamvir Sharma, Adv. Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member 1. Admit. 2. The grievance of the Applicant is that the Applicant is the land holder of Khasra No. 614 measuring 1.113 hectare in Village Barua, Tehsil Gaurihar, Dist. Chhatarpur, MP and as a result of flooding of river Ken huge amount of sand and muram got deposited on his agriculture field. With a view to cultivate the said land, he intended to remove the aforesaid deposit of sand and muram which would amount to mining operation and as such requiring the grant of EC from SEIAA. However, it was brought to his notice on approaching the authorities of MPSEIAA that under the orders issued in Office Memorandum dated 24.12.2013 by the MoEF, Government of India, no such application could be entertained. Full Article
ma Ranjeet Singh Rathore vs Chairman M.P Seiaa 5 Ors on 30 September, 2014 By indiankanoon.org Published On :: Tue, 30 Sep 2014 00:00:00 +0530 Shri Dharamvir Sharma, Adv. Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member 1. Admit. 2. It is submitted by the Learned Counsel for the Applicant that the matter raised in this application has already been covered by the decision of this Tribunal in O.A.No. 315/2014 (CZ) in case of Ram Swaroop Chaturvedi V/s Chairman, MPSEIAA & Ors. decided on 11.09.2014 in the matter of the Office Memorandum dated 24.12.2013, issued by the MoEF, Government of India. 3. We have considered the application as well as submissions made before us. We would accordingly dispose of this petition in the light of our earlier judgement dated 11.09.2014 in O.A.No. 315/2014 and the directions contained therein shall also apply to the applicant in so far as the applicability of the aforesaid orders of MoEF dated 24.12.2013 is concerned. In case an application is submitted by the Applicant, online or as prescribed under the procedure alongwith requisite fee, such application shall be entertained by the MPSEIAA in accordance with law within two months without being influenced by the Office Memorandum dated 24.12.2013 issued by the MoEF in so far as its operations have been stayed by the Principal Bench of National Green Tribunal in Application No. 343 of 2013 (M.A.No. 1093/2013) in the case of Ranbir Singh Vs. State of H.P. & Ors and Page 2 of 3 Application No. 279/2013 (M.A.No. 1120 of 2013) in case of Promila Devi Vs. State & Ors. dated 28.03.2014. Full Article
ma Shobha Phadanvis vs State Of Maharashtra Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions: 1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. " Full Article
ma Shobha Phadanvis vs State Of Maharashtra Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions: 1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. " Full Article
ma Amit Maru vs Moef Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 2. The Project Proponent (M/s Windosor Reality Pvt Ltd), has come out with a case that the plans for construction of commercial building were issued by the Planning Authority on 7.7.1993. The project work was started long back. The construction work was going on for about a period almost over and above 8/10 years. The Project Proponent alleges that the building having 28 floors, 3 level podium and 2 voids, in total 33 floors, have been constructed and that by itself must be deemed to be a notice to the Applicant. So, it is not open for the Applicant now to raise such a dispute under false and frivolous allegations that 'cause of action' to file the Application has arisen first on 23rd October, 2013. The Applicant cannot raise such a dispute at a belated stage by giving goby to the specific provisions of Section 14 (3) read with Section 18 of the National Green Tribunal Act, 2010. The Hon'ble Bombay High Court and Hon'ble Supreme Court interpreted the special enactments like the Arbitration Act, 1998, the Electricity Act, 2003 and held that where a statute prescribes shorter period of limitation and different scheme of limitation is provided under such a Statute, the provisions of the Limitation Act, 1963, are excluded and the Tribunal must apply the period of Page 4 (J) M.A. No.65/2014 in Application No.13/2014 (WZ) limitation as prescribed under the special enactment while exercising its powers. So, when the special provision is set out under Section 14(3) of the NGT Act, then time cannot be extended any more by Application of Section 5 of the Limitation Act, 1963, or any such analogues provision. Full Article
ma Narmada Khand Swabhiman Sena vs State Of M.P Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 Counsel for Respondent Shri Sachin K. Verma,Adv. Nos. 1, 3, 4 & 8: Shri D.S.Kanesh, DFO Counsel for Respondent No. 2: Shri Rajendra Babbar, Adv. Counsel for Respondent No. 5: Shri Naman Nagrath, Sr. Adv. with Mr. Qasim Ali, Adv. Counsel for Respondent No. 6 & 7: Shri Om Shankar Shrivastav, Adv. & Shri Dharamvir Sharma, Adv. Dated : October 1st, 2014 J U D GEM E N T 1. This Application was originally filed as Writ Petition No. 6930/2009 in the High Court of Madhya Pradesh at Jabalpur as Public Interest Litigation. In pursuance of the order dated 05.12.2013 of the Hon'ble High Court of Madhya Pradesh in consonance with the judgement dated 9th August, 2012 of the Hon'ble Supreme Court in Bhopal Gas Peedith Mahila Udyog Sangathan and Others Vs. Union of India & Others (2012) 8 SCC 326, the Writ Petition was transferred to the Central Zone Bench, National Green Tribunal, Bhopal and was registered as Original Application No.114/2013. The matter was listed for hearing on 13-1- 2014 since the Hon'ble High Court, while ordering the transfer of the case, directed that the parties shall appear before this Tribunal on 13-1-2014. Full Article
ma Assam Plywood Manufacturers ... vs Assam Petrochemicals Ltd on 6 February, 2020 By indiankanoon.org Published On :: Thu, 06 Feb 2020 00:00:00 +0530 Case No. 34 of 2019 1 2. The Informant is an association of the plywood manufacturers in State of Assam. The OP is a public sector undertaking of Government of Assam established for production of methanol and formalin. 3. As per the Information, formalin is used by plywood units for manufacture of resin, which, in turn, is used as a binding agent in the manufacture of plywoods. The Informant states that formalin is purchased by them from OP, which is the sole unit in North-Eastern India manufacturing the same. The Informant has alleged that the OP is abusing its dominant position by charging a discriminatory price of formalin in State of Assam and State of West Bengal, while it charges Rs. 15,300/- per Metric Tonne ('PMT') in State of Assam, it charges only Rs. 11,000/- PMT in State of West Bengal. Full Article
ma Mr. Makarand Anant Mhaskar vs Usv Private Limited & Other on 7 February, 2020 By indiankanoon.org Published On :: Fri, 07 Feb 2020 00:00:00 +0530 2. As stated in the information, the Informant is a pharmaceutical wholesaler who had placed an order for purchase of drugs from USV on 31.07.2019. Kundan vide its letter dated 06.08.2019, confirmed receipt of the said order of the Informant along with documents and demand draft. 3. The Informant alleged that USV imposed the following unfair conditions on the Informant: Collection of goods from Pune C&F agent (Kundan), which is 360 km away from the Informant's location. The Informant is not entitled to return any product purchased from USV for any reason whatsoever including those on account of expiry or damage. Advance payment to be paid every time. The Informant cannot purchase the products of USV from any other C&F agent. Full Article
ma Rubtub Solutions Pvt. Ltd vs Makemytrip India Pvt. Ltd. (Mmt) & ... on 24 February, 2020 By indiankanoon.org Published On :: Mon, 24 Feb 2020 00:00:00 +0530 2. The Informant, a company incorporated in May, 2015, has been operating under the brand name of Treebo Hotels' and is in the business of providing franchising services to budget hotels in India. In addition to this, Treebo also provides service to numerous independent budget hotels who partner with it under its newly launched 'Hotel Superhero' scheme. Under the said scheme, Treebo only provides services such as hotel management technology services, listing on its platform and other online travel aggregators, credit facilities, support and quality control of the staff and hotel management resources etc. but does not provide its brand name. 3. MMT is an Online Travel Agency (OTA) engaged in the business of providing travel and tourism related services in India. It is a part of MakeMyTrip group of companies (MMT Group). OYO, on the other hand, provides budget accommodation to customers and is in the market for providing franchising services to budget hotels under the brand name 'OYO'. Full Article
ma Shri Suprabhat Roy, Proprietor, ... vs Shri Saiful Islam Biswas, ... on 12 March, 2020 By indiankanoon.org Published On :: Thu, 12 Mar 2020 00:00:00 +0530 Case Nos. 36 of 2015, 31 of 2016 and 58 of 2016 33 Koushik Das: Yes, one BCDA N.O.C. is required with the application. Shri Arajit Das: Yes, that is essential, you prepare your papers I need the orders, otherwise it is problem to me. I have submitted my drug licence number, trade licence number everything. Koushik Das: Yes, but only those papers are not enough, there are something more, you have deal with Alembic before and done with other parties also. Shri Arajit Das: that is not required. Full Article
ma Xyz vs Association Of Man Made Fibre ... on 16 March, 2020 By indiankanoon.org Published On :: Mon, 16 Mar 2020 00:00:00 +0530 2. It was stated that OP-1 is an association of man-made fibre manufacturers in India; OP-2 is the largest producer and seller of Viscose Staple Fibre (VSF) in India; OP-3 is a company registered in Thailand and promoted by OP-2; and OP-4 is a company belonging to the Aditya Birla Group operating in Indonesia and engaged in the business of manufacturing, selling and exporting VSF to customers located in the US, Europe, Turkey, Japan, Korea, China and other countries in both textile and non-woven segments. 3. The Informant alleged that OP-2 is the sole producer of VSF having a market share of almost 100% in India and it is misusing its sole position in the domestic market to squeeze the textile industry consumers. With regard to OP-3 and OP-4, it was alleged that OP-2 imports and markets its products and Case No. 62 of 2016 2 Public Version OP-3, operating from Thailand and OP-4, operating from Indonesia, have joined hands to exploit the Indian market. Full Article
ma M/S Venkateswara Agencies vs Kerala Agro Machinery ... on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 2. As stated in the information, the Informant is running a sole proprietorship by the name of M/s Venkateswara Agencies (earlier known as Rohini Agencies) dealing with agricultural machineries, based in West Godavari District of Andhra Pradesh. The Informant has been the authorised dealer of KAMCO from the year 2006, for which dealership agreement dated 28.09.2006 was entered into between Informant and KAMCO. The scope of the agreement included supplying the products of KAMCO to Case No.38 of 2019 1 the customers in West Godavari, East Godavari, Krishna, Srikakulam and Guntur Districts of the state of Andhra Pradesh. Full Article
ma Ved Prakash Tripathi vs Director General Armed Forces ... on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 4. Saransh Biotech Pvt. Ltd Opposite Party No. 4 5. Aarav Pharmaceuticals Opposite Party No. 5 6. Laxmi Pharma Opposite Party No. 6 7. M C Pharma Opposite Party No. 7 8. Maa Ambey Enterprises Opposite Party No. 8 9. Goyal Pharma Opposite Party No. 9 10. MD Medical Store Opposite Party No. 10 CORAM Mr. Ashok Kumar Gupta Chairperson Ms. Sangeeta Verma Member Mr. Bhagwant Singh Bishnoi Member ORDER UNDER SECTION 26(2) OF THE COMPETITION ACT, 2002 Full Article
ma Jeevan Singh vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : For Respondent(s) : Mr. S.K. Bhati, PP HON'BLE MR. JUSTICE ARUN BHANSALI Order 08/05/2020 Learned counsel for the applicant did not login. The Public Prosecutor was heard through video conferencing. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 06/2020, Police Station Sangaria, District - Hanumangarh for the offence under Section 8/22 of the NDPS Act. Full Article
ma Sunil Jat vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 .. S.B. Criminal Misc. Bail Application No. 4048/2020. Sunil Jat S/o Shri Suwa Jat, aged about 29 years, resident of Bholi, Tehsil and District Bhilwara, Police Station Mangrop, District Bhilwara. ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Neeraj Kumar Gurjar (through video calling). For Respondent(s) : Mr. Anil Joshi, PP (through video calling). HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 08/05/2020 As per advisory, with regard to serious pandemic and infection of Novel Corona Virus (COVID-19), issued by the World Health Organisation (WHO), Rajasthan High Court, Central Government and the State Government for effective control over spread of COVID-19, none present in-person on behalf of the parties. Full Article
ma Mahrilal vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 .. S.B. Criminal Misc. Bail Application No. 4047/2020. Mahrilal S/o Mohan B/c Joshi Age 55 Years R/o Uttarvada Police Station Badisadri, District Chittorgarh. ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Shreekant Verma (through video calling). For Respondent(s) : Mr. Anil Joshi, PP (through video calling). HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 08/05/2020 As per advisory, with regard to serious pandemic and infection of Novel Corona Virus (COVID-19), issued by the World Health Organisation (WHO), Rajasthan High Court, Central Government and the State Government for effective control over spread of COVID-19, none present in-person on behalf of the parties. Full Article
ma Bharat @ Bhaku @ Balakram vs State Of Rajasthan-State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan-State, Through Pp ----Respondent For Petitioner(s) : None present. For Respondent(s) : None present. HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Defect pointed out by the office is overruled. Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 185/2019, Police Station Siwana, District Barmer for the offences under Sections 8/15 of the N.D.P.S. Act. Full Article
ma Manohar Singh vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). Heard learned counsel for the petitioner and learned Public Prosecutor through Jitsi Meet Application. Full Article