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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,

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".

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. "

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. "

2. There is no dispute about fact that Respondent No.2 formulated a policy as published in Government Resolution dated 12th March 2013. Case of the Appellant is that, Respondent No.5 auctioned various sand-beds of Yavatmal District as per guidelines issued by the Government of Maharashtra in its Policy OM dated March 12th, 2013. He alleges that due to such illegality, extraction of sand by lease holders including Respondent No.6, one of such auction lease holder, being carried out. The Appellant is more concerned with sand-beds at village Babhulgaon. He would Misc Appln. No.155/2014 Page 3 submit that before grant of Environmental Clearance, State Environment Appraisal Committee (SEAC) ought to have considered whether the sand-bed is below 5 ha. area and distance between two (2) sand-beds is atleast 1 k.m. The SEAC failed to consider such kind of parameters and recommended the case to the SEIAA (Respondent No.4). The SEIAA thereafter granted the EC without proper assessment and appraisal. Consequently, the Appellant challenges the EC and the auction proceedings.

2. Briefly stated, case of the Appellant is that as per Judgment of Apex Court in "Deepak Kumar Vrs. State of Haryana, 2012(4) SCC 629" sand beds (sandghats) situated below 5 ha. area may be leased out only if distance between the two (2) ghats is of atleast 1 k.m. It is in keeping with such directions of the Apex Court that the MoEF has issued OM dated 24th December 2013. The State has no authority to consider the project activities of granting lease of area over and above 5 ha. of sandghats into the category of 'B-2' as per class 2(I)(iii) of the OM dated 24th December 2013. Such a project will have to be treated as category 'B-1' project for the purpose of appraisal and must be appraised by the MoEF. The SEIAA could not have done the work of assessment/appraisal nor the SEIAA could have granted the EC. According to the Petitioner the Respondents purposefully downsized the (J) Appeal No.10/2014 (WZ) 3 sand beds without keeping marginal space of 1 k.m. between the two (2) sand beds. It is stated that the auction conducted by both the Collectors is illegal and erroneous. Consequently the Appellant seeks to challenge the same and urges to quash the same.

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.

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.

----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.

2. Applicant Neeraj, who is in judicial custody, in Case Crime No. 107 of 2019, under Section 323, 504, 506, 354(D) and 376 IPC and Section 3(a) read with 4 of Protection of Children From Sexual Offences Act, 2012, Police Station Ganganahar, District Haridwar, has sought his release on bail.

3. Prosecution story, briefly stated is that the applicant and the victim were in relationship, but when the victim learnt about the bad habits of the applicant, she severed her relationship. But, the applicant started following her, pressurised her and started threatening her that in case, she would not follow the commands of the applicant, he would make her photographs viral. On 16.01.2019, the applicant telephonically called the victim; threatened her. Under the tremendous threat extended by the applicant, when the victim reached at the designated place, the applicant took her in a hotel, there the victim met two more boys, who guarded the room. There in the hotel, the applicant raped the victim; took her photographs and threatened her of dire consequences, if she reveals this incident to anyone. The boys, who were in the hotel with the applicant, started molesting her. Even the applicant made the photographs 2 viral. The FIR of the incident was lodged on 08.03.2019. It is this FIR, in which, after investigation, charge sheet has been submitted.

For State : Mr. S.K. Mahala, PP. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Counsel for the complainant has not given his detail, hence, could not be connected.

3. Petitioner has filed this bail application under Section 439 of Cr.P.C.

4. F.I.R. No.343/2019 was registered at Police Station Kotwali, Jhunjhunu for offence under Sections 323, 365, 201, 302/34 of I.P.C. (FIR has been lodged for offence under Section 302 of IPC.)

5. It is contended by counsel for the petitioner that eye witnesses have turned hostile. As per the FSL report, cause of death is inconclusive. There was only a bruise on the person of the prosecutrix.

For State : Mr. S.K. Mahala, PP.

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.1055/2019 was registered at Police Station Jhotwara, District Jaipur for offence under Sections 343, 366, 376 of I.P.C.

4. It is contended by counsel for the petitioner that there is an inordinate delay of lodging in FIR. As per the medical report, prosecutrix is aged 20 years. There are no marks of injury on her person and private parts.

----Appellant Versus State Of Rajasthan

----Respondent S.B. Criminal Appeal (Sb) No. 489/2020 Ramdayal@r.d. S/o Ramkaran

----Appellant Versus State Of Rajasthan

Appearance :

Smt. Jayabati Barick, in person The Court :- Perused the report filed by the Registrar, Original Side of this Court dated 18th March, 2020. It appears from the said report to which a report of the Department of Ophthalmology, IPGME&R-SSKM Hospital, filed in terms of the order dated 12th February, 2020 passed by this Court is enclosed that Nader Chand Barik is having hundred per cent blindness as per Government of India Norms.

It further appears from the Registrar's report that save and except the deposition, all cause papers in the TS 17 of 2017 and TS 1 of 2012 are available. The report further reveals that the Assistant Registrar, Testamentary Department has prayed for passing necessary direction upon various Record 2 Section of the Original Side i.e. Current Record Department, Old Record Department, New building Record (NBR) Department and Central Record Room at Khidderpore to make extensive searches to trace out the original deposition in the aforesaid suit. In my opinion, though specific direction is not required on each of the record sections for searching the record in the said departments as prayed for by the Assistant Registrar, Testamentary Department as indicated in the said report but by way of abundant precaution I pass direction upon the Registrar, Original Side as also Assistant Registrar, Testamentary Department to look for the deposition in the two suits being TS 17 of 2017 and TS 1 of 2012 in all possible places where records are either temporarily or permanently stored and/or kept in this Court premises or outside.

1. Leave granted.

2. These appeals arise out of the common Judgment and Order dated 15.11.2018 passed by the High Court of Delhi at New Delhi in Criminal M.C. No.3391 of 2017 and in Criminal M.A. No.13845 of 2017, by which the High Court affirmed (i) the order dated 26.10.2016 passed by Mahila Court in proceedings initiated by the appellant under Section 12 of the DV Act1 and (ii) 1 The Protection of Women from Domestic Violence Act, 2005 CRIMINAL APPEAL NOS.417-418 OF 2020 @ SLP (CRL) NOS.4044-4045 OF 2019 NEELAM GUPTA VS. MAHIPAL SHARAN GUPTA AND ANOTHER 2 the order dated 15.04.2017 passed by Additional Sessions Judge-2, (North), Rohini Courts, Delhi in Criminal Appeal No.30 of 2016.

1. The present judgment will dispose of two appeals preferred under Section 125 of the Electricity Act, 2003. One appeal (CA 2969/2010) has been preferred by the Gujarat Urja Vikas Nigam Ltd. (hereafter,"Gujarat Urja"or "GUVN”) ；the second (CA 2793/2010) has been preferred by CLP (India) Pvt. Ltd. (formerly, Gujarat Torrent Energy Corporation Ltd; later, Gujarat Paguthan Energy Corporation Ltd, a generating company, hereafter collectively "CLP”). Both appeals challenge a common order of the Appellate Tribunal for Electricity（“APTEL” hereafter).

2. The erstwhile Gujarat Electricity Board (GEB) (now “Gujarat Urja”) entered into a power purchase agreement (“PPA”）with CLP on 03.02.1994. In terms of the Signature Not Verified PPA, Gujarat Urja was under an obligation to purchase - and CLP was under Digitally signed by DEEPAK SINGH Date: 2020.05.06 16:03:10 IST Reason:

1. Leave granted.

2. This appeal emanates from the judgment and order dated 29.8.2016 passed by the High Court of Judicature at Bombay 1 in Second Appeal No. 771/2015, whereby the judgment and decree dated 11.2.2015 passed by the District Judge, Ratnagiri 2 in Regular Civil Appeal No. 34/2011 came to be affirmed, as a result of which the suit filed by the respondent Nos. 1 to 19 (original plaintiffs) in the Court of Civil Judge, Senior Division, Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.05.06 16:03:13 IST Reason:

1 For short, “the High Court” 2 For short, “the first appellate Court” 2 Ratnagiri3 being RCS No. 25/2005 for permanent injunction against the appellant and respondent No. 20 (State of Maharashtra), restraining them from starting the Solid Waste Disposal Project4 at the suit property, has been decreed. In other words, the trial Court had dismissed the suit, but the first appellate Court allowed (decreed) the same, which decision has been upheld by the High Court in the Second Appeal.

1. This appeal takes exception to the judgment and order dated 26.4.2011 passed by the Division Bench of the High Court of Gujarat at Ahmedabad1 in Letters Patent Appeal (LPA) No. 233/2006, whereby, the writ petition being Special Civil Application No. 12602/2001 filed by the appellants came to be dismissed whilst setting aside the judgment and order dated 21.12.2005 passed by the learned single Judge of the High Court in the said writ petition. By the said writ petition, the appellants had sought following reliefs: ­ Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.05.06 “8. The petitioners pray that this Hon’ble Court be 16:03:09 IST Reason:

Heard learned counsel for the parties.

This criminal appeal under Section 397 and 401 of Cr.P.C. assails the judgment of the trial Court dated 16/03/2020 passed by the Sessions Judge, Sheopur, whereby applicant No. 1 has been convicted under Sections 452 and 325, 323/34 of IPC undergo 6 months, 6 months and 1 months and applicant No. 2 and 3 have been convicted under Sections 452 and 325/34, 323 of IPC to THE HIGH COURT OF MADHYA PRADESH Cr.R-1583-2020 (RAMCHARAN GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH) undergo 6 months, 6 months and 1 months alongwith fine of Rs.2000/-, Rs. 3000/- and Rs. 1000/- each respectively with default stipulation.

Heard learned counsel for the parties.

This criminal appeal under Section 397 and 401 of Cr.P.C. assails the judgment of the trial Court dated 13/03/2020 passed by Sessions Judge, Guna, whereby applicant has been convicted under Sections 452 and 323 of IPC to undergo six months and three months alongwith fine of Rs. 500/-, 00/- respectively with default stipulation.

THE HIGH COURT OF MADHYA PRADESH Cr.R-1601-2020 (LALARAM Vs THE STATE OF MADHYA PRADESH) Also heard on I.A. No.2869/2020, an application under Section 397(1) of Cr.P.C. for suspension of jail sentence on behalf of the applicant.

Learned counsel for the applicant submits that he has been falsely implicated in the matter. Applicant was on bail during trial and he has not misused the said liberty of bail. Hearing of this revision will take sometime, and therefore, the suspension of the jail sentence be suspended and he be released on bail by way of suspension of sentence.

Shri Sudeep Verma, Dy. Govt. Advocate for the State/respondent. Heard on IA No.01/2020 for suspension of sentence and grant of bail to the applicant.

Learned counsel for the applicant submits that the applicant has been convicted by the trial Court under Sections 456, 354 and 323 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.500/-, RI for one year and to pay fine of Rs.500/- and RI for three months and to pay fine of Rs.500/- respectively with default stipulations. Against the order of the trial Court the applicant has preferred an appeal before Additional Sessions Judge, Bemetara. The appellate Court vide its order dated 03.3.2020 dismissed the appeal and affirmed the judgment of the trial Court.

1 Learned A.P.P, on instructions, states that the statement of the victim girl has been recorded on 6 th May 2020 and that the police intend to register a C.R pursuant to the said statement. Statement accepted. 2 Stand over to 12th June 2020.

REVATI MOHITE DERE, J.

SQ Pathan 1/1

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:45 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.