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Union Of India vs Mi Marathi Media Ltd on 14 January, 2020

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,




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Union Of India vs Broadcast Initiatives Ltd on 3 March, 2020

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.




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Imcl vs Optimmus Media Network India Pvt ... on 20 March, 2020

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.




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Sudiep Shrivastava vs Union Of India Ors on 25 September, 2014

Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Prof. A.R. Yousuf (Expert Member) Dated: September 25, 2014

1. Whether the judgment is allowed to be published on the net?

2. Whether the judgment is allowed to be published in the NGT Reporter?

JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The Ministry of Environment and Forest (for short 'the MoEF'), Government of India vide their letter dated 21st December, 2011 accorded Environmental Clearance for Parsa East and Kanta Basan Opencast Coal mine project of 10 MTPA production capacity along with a Pit Head Coal Washery (10 MTPA ROM) to M/s Rajasthan Rajya Vidyut Utpadan Nigam Limited involving a total project area of 2711.034 hectare under the Environmental Impact Assessment Notification, 2006 (for short 'EIA Notification, 2006') subject to the specific conditions stated in that Order. 2




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The Goa Foundation Anr vs Union Of India Ors on 25 September, 2014

1. Goa Foundation Through Dinesh George Dias G-8, St. Britto's Apts. Feira Alta, Mapusa, Bardez, Goa - 403507.

2. Peaceful Society Through Kumar Kalanand Mani R/o Peaceful Society Campus Honsowado-Madkai, Post: Kundai 403115, Goa .....Appellants Versus

1. Union of India Through the Secretary Ministry of Environment and Forests Paryavaran Bhawan, CGO Complex Lodhi Road, New Delhi - 110003

2. State of Maharashtra Through its Chief Secretary, Mantralaya, Mumbai - 400023

3. State of Karnataka Through the Chief Secretary, Vidhan Soudha, Bangalore - 560001




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National Green Tribunal Bar ... vs Union Of India Ors on 29 September, 2014

National Green Tribunal Bar Association Through the Secretary Trikoot II Bikaji Cama Palace New Delhi .....Applicant Versus

1. Union of India Through Secretary Ministry of Environment & Forest Prayavaran Bhawan, CGO Complex, Lodhi Road, New Delhi-110003

2. State of Uttranchal Through Chief Secretary Department of Environment and Forest Uttranchal Secretariat, Dehradun Uttrakhand- 248006

3. Divisional Forest Officer IT Cell, PCCF Office, 87-Rajpur Road, Dehradun, Uttrakhand-248001

4. VS Sidhu IPS Officer Police Officers Colony Kishanpur, Dehradun Uttrakhand-24800 .....Respondents Counsel for Applicant:




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Shankar Raghunath Jog vs Union Of India Ors on 1 October, 2014

2. Considering above, the sentence in paragraph 30, reading "The industry has also filed M.A.No.145/2014 in connection with such closure with a prayer to direct MPCB to give hearing before restart" Should be read as "The industry has also filed MA No.145/2014, with a prayer to direct the MPCB to take decision on the Application of the Applicant for revocation of closure directions at the earliest, on the basis of merit of the matter".

3. Considering the above specific directions, we do not find any necessity to rectify the operative part of the Judgment. However, considering the fact that hearing has already been extended to the said Industry on 19.8.2014, by the Member Secretary, as mentioned by the Applicant- Industry, and also by MPCB in its affidavit Misc Appln. No.155/2014 Page 2 dated 2nd September, 2014, we expect that the learned Member Secretary will expedite decision making, and take a decision on the request of the Industry for re-start, in any case, not later than two (2) weeks from today.




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Inphase Power Technologies ... vs Abb India Limited on 31 January, 2020

5 Mr. Rishi Gulati, "IGBT-based power quality compensation solutions are high Business end solution in terms of technology as compare to non IGBT Development which our company manufacturing. As per my market Manager, experience, I can say that approximately IGBT based power Cummins India quality compensation solution cost double to the customer as Ltd. compare to non IGBT base solutions. Switching speed is in nano seconds in IGBT based solutions whereas switching speed is in milliseconds in TSC or non-IGBT solutions."




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Mr. Meet Shah & Other vs Union Of India, Ministry Of ... on 3 February, 2020

2. Brief facts and allegations in the present case are summarised as under:

a. The Informants i.e., Mr. Meet Shah and Mr. Anand Ranpara are individuals residing in Ahmedabad and Rajkot, respectively.

b. OP-1 is the Ministry of Railways, which controls Indian Railways, a departmental undertaking of the Government of India which is administered by the Railway Board. The Ministry of Railways through Railway Board also owns and administratively controls a large number of Public Sector Undertakings including IRCTC.

c. OP-2, IRCTC is a public sector enterprise incorporated under the Companies Act, 1956 and is stated to be an extended arm of Indian Railways. OP-2 is, inter-alia, engaged in online ticketing operations of Indian Railways.




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Plasser India Pvt. Ltd vs Harbour Sales Pvt. Ltd. & Others on 5 February, 2020

2. The Informant is stated to be a company engaged in manufacture of high performance and highly sophisticated machines for track maintenance, track laying and track renewal. OP-1 is a private limited company incorporated in India and OP-2 is a partnership firm established in India. OP-3, OP-4 and OP- 6 are Chinese companies engaged in developing railway track maintenance machinery. OP-5 is the Indian Railways, a Department of the Government of India.

Case No. 45 of 2019 2

3. The Informant states that OP-5 periodically invites tenders for the supply of track maintenance machinery. In this connection, it is averred that OP-5 invited electronic bids for supply of Dynamic Track Stabilizing Machine vide Tender No. 'TM 1709' which inter alia required that 'Manufacturer or their agents may note that an agent can represent or quote on behalf of only one firm in a tender' [Clause 1.4.1 of 'Instructions to Tenderers]. Further, Check List-II of tender document also reiterates the same by stating that 'Manufacturer or their sole selling agents may note that an agent can represent only one firm in a tender and any manufacturer cannot submit more than one offer against a tender through different sole selling agents, or one directly and others through sole selling agents. In such a situation all the offers will be rejected.'




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Cp Cell, Directorate General ... vs M/S Hp State Handicraft & Handloom ... on 21 February, 2020

2. The Informant in the present case had floated a Request for Proposal ("RFP") No. A/59876/Durries/ Clo-1/DGOS/OS-PII/Proc Sec dated 15.12.2015 for procurement of 8,18,009 Durries IT OG ("Item").

3. The Informant averred that 09 firms participated in the said tender including Standard Gram/OP-2 and out of the said 09 firms, only 06 qualified for opening of commercial bids. As stated by the Informant, Standard Gram/OP-2 could not qualify in technical evaluation as the firm was not registered with Association of Corporations and Apex Societies of Handlooms/Khadi Village Industries Commission ("ACASH/KVIC") which was a pre-requisite. It is further stated that while the contract was under progress, Standard Gram/OP-2 merged with Integrated Defence/OP-3. Subsequently, the L1 firm (HP Handicraft/OP-1) sublet the manufacture of the Item to Integrated Defence/OP-3 vide Letter No. HPSHHC:173/10(EM)/Durries/838081 dated 23.03.2018.




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Rubtub Solutions Pvt. Ltd vs Makemytrip India Pvt. Ltd. (Mmt) & ... on 24 February, 2020

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'.




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Western India Cashew Company vs The Branch Secretary on 5 May, 2020

2. Brief facts necessary to be noticed for deciding this petition are that in the above dispute raised under the provisions of the Industrial Disputes Act, 1947, the Labour court was called upon to adjudicate a reference wherein the issue was "whether the denial of employment of Smt.Ramani Amma, Smt.Geetha.G. and Geetha.R, who were employees of Western India Cashew Company, was justifiable and if it was found otherwise, the relief for which they were entitled to."

3. The case of the Union, which espoused the cause of the workers, was that the delinquent workers were employed by the management in their packing centre at Puthentheruvu, Karunagappally. Since 26.10.2012 was a public holiday owing to Bakrid, the factory was closed. On 27.10.2012, when the workers reached the factory, they were denied employment by the Management. The Union raised an industrial dispute and the matter reached the District Labour Officer, who convened a conference. In the meantime, a WP(C) No.12490/2018 3 show cause notice was issued to the workers and consequently on 2.11.2012, the workers were suspended from service pending enquiry. An enquiry officer was appointed who proceeded with the enquiry and submitted a report with the finding that the workers were guilty of all charges. Banking on the said report, the workers were dismissed from service with retrospective effect. According to the Union, the enquiry which was conducted was a farce and is therefore vitiated. The principles of natural justice were violated and the management failed to bring home the charge. They also contended that the punishment imposed was grossly disproportionate to the nature of charges levelled against the workers.




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K. Lakshmanan vs Union Of India on 5 May, 2020

"That CISF No.902292498 Constable K. Lakshmanan of CISF Unit, NMPT Mangalore was W.P.(C) No. 28322 of 2015 4 detailed for B' Shift duty on 29.05.2009 from 1300 hrs to 2100 hrs along with No.721370091 HC/GD K. Sreedharan at K.K. Gate-Out. Shri K. Korappan, AC, CISF Unit NMPT Mangalore, while carrying out surprise checking at 2055 hours on 29.05.2009 along with SI/Exe R.R. Singh, In-charge(CIW), Shri K. Korappan directed to SI/Exe R.R. Singh to conduct pocket checking of B' shift duty personnel deployed at K.K. Gate. Accordingly SI/Exe R.R. Singh conducted pocket checking of Constable K.Lakshmanan in presence of No. 753460102 ASI/Exe P.K. Thampy, In-charge, KK Gate and No.773430028 HC/GD Kuttan Pillai K.K., Main Gate-In and found an illegal money of Rs.1573/- (Rupees one thousand five hundred seventy three only) in possession of Constable K. Lakshmanan in various denominations and the amount was seized which was kept hidden between his belt and waist. When asked by Shri K. Korappan as to where the money came from and why he kept such huge amount with him, Constable K. Lakshmanan did not give any satisfactory reply. Immediately a seizure list was prepared wherein signature of witnesses were obtained. In this regard, a GD has been made at Sl. No.1324 at 2117 hours on 29- 05-09 at KK Gate. As per Unit standing instructions, duty personnel are not allowed to keep more than Rs.10/- for refreshment purpose during duty hours.




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Presentation Of 1St And 2Nd Reports Of The Standing Committee On ... on 6 December, 2019

SHRIMATI ANUPRIYA PATEL (MIRZAPUR): I beg to present the following Reports (Hindi and English versions) of the Standing Committee on Energy (2019-20) :-

(i)                 1st Report on Demands for Grants relating to the Ministry of New and Renewable Energy for the year 2019-20.

(ii)               2nd Report on Demands for Grants relating to the Ministry of Power for the year 2019-20.

 




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Sanjay Jhunjhunwala vs Union Of India & Ors on 18 March, 2020




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Imraj Ali Molla vs Union Of India And Others on 18 March, 2020

2

3. It is submitted by learned counsel for the petitioners that although only one of the companies was alleged to have committed default, the DIN of the petitioners was deactivated in respect of the other companies, in which they were directors, as well, which was de hors the law.

4. Moreover, even in respect of the defaulting company, the DIN of the petitioners could not be deactivated without giving an opportunity of hearing to the petitioners on the allegations made against them in respect of each company.

5. The disqualification of the company‐in‐question took place in the year 2014, that is, prior to the 2018 Amendment of the Companies Act, 2013 (hereinafter referred to as "the 2013 Act") and as such, the provisions of the 2018 Amendment would not be applicable thereto.




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Laxmi Pat Surana vs Pantaloon Retail India Ltd. & Ors on 20 March, 2020

Appearance:

Mr. Laxmi Pat Surana, ...petitioner in person The Court: The petitioner is present in Court. He requests for a date on which the matter may be taken up.

List this matter on 1st April, 2020.

(MOUSHUMI BHATTACHARYA, J.) Sbghosh




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Subhra Mukhopadhyay And Anr vs Union Of India & Ors on 20 March, 2020

In such view of the matter, a strong prima facie case has been made out by the petitioners as to the fixation of dates and time for the general election being mala fide on the part of the respondent no. 4 authorities. The balance of convenience and inconvenience in favour of granting such injunction, since if the election is held and a newly elected body assumes power, the writ petition would be infructuous; on the other hand, in the event the writ petition fails, another date can be fixed for such election, if necessary upon imposition of compensatory costs being awarded against the petitioners.

Although there is a notification of this Court requesting Judges not to take up matters for hearing in the absence of all the parties, since sufficient notice 3 has been given to the respondents and in view of the extreme urgency involved in the matter, the matter is taken up for hearing.




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Commissioner Of Customs (Port) ... vs M/S. Steel Authority Of India Ltd. on 27 April, 2020

The dispute in this appeal relates to valuation under the Customs Act, 1962 of import of certain items made by the respondent Steel Authority of India Ltd. (SAIL) under two contracts, bearing nos. PUR/PC/MOD/08.01/Pt.II dated 31.10.1989 and PUR/PC/MOD/08.01/Pt-I dated 29th March 1990. These imports were made in connection with modernisation, expansion and modification 1 for their plant at Durgapur in West Bengal. For this purpose, SAIL had floated seven Global Tender Contract Packages. The two contracts were part of these Tender Contract Packages. They were registered with the customs authorities for the purpose of project import benefits in terms of the 1962 Act. The first contract involved in this appeal was with a consortium consisting of a German Company, Hoestemberghe & Kluisch, GMBH and H & K Rolling Mills Engineering Private Limited, an Indian Corporate entity. The second contract was also with a German Company, Siempelkamp Pressen Systeme and the Indian entity was Escon Consultants Private Ltd, with whom the consortium was formed. Both these contracts were in connection with modernisation of SAIL’s rolling mills at the aforesaid plant.




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Christian Medical College ... vs Union Of India on 29 April, 2020

1. Most of the cases have a chequered history. Initially, petitioners have questioned four notifications ­ two notifications dated 21.12.2010 issued by Medical Council of India (for short, ‘the MCI’) and other two notifications dated 31.5.2012, issued by Dental Council of India (for short, ‘the DCI’). The MCI by virtue of Regulations on Graduate Medical Education (Amendment) 2010, (Part II) notified by the Government of India, amended the Regulations on Graduate Medical Education, 1997. Similarly, the other notification issued by MCI called “Post­Graduate Medical Education (Amendment) Regulation, 2010 (Part­II)” to amend the Post Graduate Medical Education Regulations, 2000. The regulations came into force on their publication in the Official Gazette. The other two notifications dated 31.5.2012 issued by DCI were relating to admission in the BDS and MDS courses.




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Commr.Of Central Excise vs M/S Uni Products India Ltd. ... on 1 May, 2020

These two appeals against the decision of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) rendered on 16th July, 2008 require adjudication on the question as to whether 1 “car matting” would come within Chapter 57 of the First Schedule to the Central Excise Tariff Act, 1985 under the heading “Carpets and Other Textile Floor Coverings” or they would be classified under Chapter 87 thereof, which relates to “Vehicles other than Railway or Tramway Rolling-Stock and Parts and Accessories Thereof”. The appeals are against a common decision and we shall also deal with both these appeals together in this judgment. The respondent-assessee want their goods to be placed under Chapter heading 5703.90. We shall refer to the specific entries against this item later in the judgment. The respondent, at the material point of time were engaged in the business of manufacture of textile floor coverings and car matting. The subject-goods have been referred to interchangeably by the revenue also as car mattings and car carpets. The respondent, at the material time, were clearing the goods declaring them to be goods against Heading No.570390.90. Effective rate of excise duty on goods under that entry was 8% and education cess at the applicable rate for the subject period. We find this rate of duty, 2 inter-alia, from the order of the Commissioner dealing with the first and the second show-cause notices. The rate of basic excise duty would have been 16% apart from education cess if these goods were classified against goods specified in heading no.8708.99.00. Altogether three show-cause-notices were issued against the respondent over clearance of goods under the said heading. These notices required them to answer as to why they should not be charged the differential rate of duty and interest. We would like to point out here that in the show-cause notices, the respective chapter sub-headings have been referred to as 8708.99.00 and 570390.90 and in the order of the Tribunal also, the sub-headings have been referred to as such. But the authorities themselves in certain places described the sub-headings in shorter numerical forms, as 5703.90 and 8708.00. We find these minor variations in the paper-book. But this variation of the sub- headings represented in numerical form is not of any significance so far as adjudication of these appeals are concerned. The respondent were also to answer as to why penalty should not be 3 imposed upon them in terms of Section 38A of the Central Excise Act, 1944 read with Rule 25 of the Rules made thereunder. The first show-cause notice is dated 9th August, 2005 in regard to clearance of goods made during the period between 9 th July, 2004 and 31st March, 2005. They had cleared altogether 8,65,777 pieces of those items in different sizes in that period. The second show-cause notice was issued on 2 nd May, 2006 and related to clearance of 12,02,482 pieces of the same goods for the period between 1st April, 2005 and 31st January, 2006. The third show- cause notice is of 7th March, 2007 and the clearance involved 20,15,412 pieces from 1st February, 2006 to 31st January, 2007. For the period involved in the third show-cause notice, clearance was made by the respondent under Chapter sub-heading no.570500.19, which carried effective rate of duty @8%.




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Clp India Pvt Ltd vs Gujarat Urja Vikas Nigam Ltd. on 6 May, 2020

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:




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New India Assurance Co. Ltd vs Mst. Chand Sultana Mazumder And 5 ... on 8 May, 2020

Let this matter be listed in the first week of June, 2020 on a date to be fixed by the Registry. On the next date so fixed, this matter will be taken up for its disposal.

JUDGE Comparing Assistant




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Micromax Informatics Ltd. vs Union Of India & Anr. on 5 May, 2020

1. All the four writ petitions seek identical relief in the nature of a writ of Mandamus directing the respondents to permit the petitioners to avail input tax credit of the accumulated CENVAT credit as of 30th June, 2017 by filing declaration Form TRAN-1 beyond the period provided under the Central Goods and Services Tax Rules, 2017 (hereinafter, the "CGST Rules"). Additionally, petitioners also assail Rule 117 of the CGST Rules on the ground that it is arbitrary, unconstitutional and violative of Article 14 to the extent it imposes a time limit for carrying forward the CENVAT credit to the GST regime. However, all the petitioners have unanimously stated that if the Court were to give directions to the respondents to permit them to file the statutory Form TRAN-1 to avail the input tax credit, they would be satisfied and not press for the relief of challenging the vires of the provisions of the Act.




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Rohit Mahawar And Ors vs Union Of India And Ors on 8 May, 2020

W.P.(C) 3062/2020

1. The present petition under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein.

2. The writ petition has been heard by way of video conferencing.

3. Present public interest litigation has been filed seeking a direction to the respondents to a mandate that the travellers of Delhi Metro Rail should provide proof of their identities and addresses while purchasing Metro cards from Delhi Metro Rail Corporation.

W.P.(C) 3062/2020 Page 1 of 2

4. Petitioners, who appear in person, state that Delhi Metro Rail Corporation issues digital Metro cards or tokens (digital monies) to its customers, who in turn use it as travel coupons. They state that linking of Metro card and token with the address proof of the travellers would protect the right to property, in the event, the Metro card or token is lost. They further state that in the wake of ongoing COVID-19 pandemic, it is of utmost importance that the respondents should be aware about the details of the passengers travelling by Delhi Metro as it would help in preventing a patient from travelling and would also help in tracing the affected travellers in case a patient had unwillingly travelled in Delhi Metro.




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O.P. Gupta vs Union Of India & Anr. on 8 May, 2020

1. The present public interest litigation under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein.

2. The writ petition has been heard by way of video conferencing.

3. Present public interest litigation has been filed seeking a number of directions. The prayer clause is reproduced hereinbelow:-

W.P.(C) 3068/2020 Page 1 of 8

"a) the respondent no.1 (Union of India) be directed to stop respondent no.2 (Govt. of Haryana) from doing all these restriction activities in violation of their orders dated 15.04.2020;




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Avr Enterprises vs Union Of India on 8 May, 2020

CM(M) 769/2018 with CM APPL. 27219/2018

1. Petitioner impugns order dated 18.04.2018 whereby the Trial Court has rejected the preliminary objection raised by the Petitioner that the petition filed by the Respondent under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called the Arbitration Act) impugning award dated 14.07.2016 was liable to be dismissed because Respondent had not deposited 75% of the awarded amount as stipulated in Section 19 of the Micro, Small and Medium CM(M) 769/2018 Page 1 of 16 Enterprises Development Act, 2006 (hereinafter referred to as the MSMED Act).

2. Respondents had issued a Tender Enquiry for procuring Cover Water Proof 9.1 M x 9.1 M. The bid of the Petitioner was accepted by the Respondents and contract dated 05.04.2005 was entered between the parties.




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Gopal Prasad Shivhare vs Union Of India on 8 May, 2020

The petition is being filed by the petitioner and challenge is being made to the order dated 04.03.2020, whereby the petitioner is directed to retire on completion of 62 years of age. It is submitted that the petitioner is a Physical Instructor and is equivalent to Teacher as has been held by the Full Bench of this Court in the case of State of M.P. & Others Vs. Yugal Kishore Sharma, in W.A.No.613/2016. Petitioner has placed reliance upon the Clause F of Regulation 8 of Ministry of Human Resources and Development Department as under :-

"(f) Age of Superannuation :- (i) In order to meet the situation arising out of

shortage of teachers in universities and other teaching institutions and the consequent vacant positions therein, the age of superannuation for teacher in Central Education Institution has already 2 HIGH COURT OF MADHYA PRADESH WP.No.7385/2020 (Gopal Prasad Shivhare Vs. Union of India & Others) been enhanced to sixty five years, vide the Department of Higher Education letter No. F.No.1- 19/2006-U.II dated 23.03.2007, for those involved in class room teaching in order to attract eligible persons to the teaching career and to retain teachers in service for a longer period. Consequent on upward revision of the age of superannuation of teachers, the Central Government has already authorized the Central Universities, vide Department of Higher Education D.O. Letter No.F.1-24/2006-Desk(U) dated 30-03-2007 to enhance the age of superannuation of vice- Chancellors of Central Universities from 65 years to 70 years, subject to amendments in the respective statutes, with the approval of the competent authority (Visitor in the case of Central Universities).




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Sarga Singh Tandi vs State 8 Cra/944/2017 Mahipal ... on 8 May, 2020

1. The appeal is directed against judgment dated 06.4.2010 passed by Sessions Judge Raipur in Session Trial No.161/2008 wherein the said Court convicted appellant for commission of offence under Section 304 Part-II of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for 05 years and to pay fine of Rs.1000/- with default stipulation.

2. In the present case, name of the deceased is Kalu @ Tarun Bagh. As per the version of the prosecution, on 11.6.2008 at 2 noon, the appellant and the deceased were drinking liquor in the house of the appellant. During the course of drinking, a dispute arose regarding daughter of the appellant namely Suman. On this dispute, the appellant and other persons assaulted the deceased and the appellant sat on the chest of the deceased and pressed his neck due to which the deceased become unconscious. He was taken to hospital but succumbed to the injuries. The matter was reported, investigated and the appellant was charge sheeted and convicted as mentioned above.




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Navdeep Malik vs Medical Council Of India And ... on 8 May, 2020

The petitioner has already made representation against the impugned order dated 13.12.2019 (Annexure P-1) to the Vice Chancellor, Shree Guru Gobind Singh Tricentenary University, Gurugram. The worthy Vice Chancellor is directed to decide the representation within a period of two weeks from today, strictly as per the University Statues & Ordinance as well as on the basis of compromise arrived at between the petitioner and the 1 of 2 ::: Downloaded on - 09-05-2020 20:40:51 ::: CWP-7284-2020 -2- complainants.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 2 of 2 ::: Downloaded on - 09-05-2020 20:40:51 :::




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Subash Chander vs Union Of India And Ors on 8 May, 2020

The petitioner is permitted to make a representation to the General Manager, Food Corporation of India, Chandigarh within a period of one week from today. The General Manager shall decide the representation by passing a speaking/detailed order by referring to the terms and conditions incorporated in the tender document.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 08-05-2020 20:39:14 :::




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Labour candidate's old Facebook posts praise Boris Johnson

James Wilder, who is standing in the safe Conservative seat of Newbury, was gushing over the Prime Minister in a series of unearthed Facebook posts.




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Indian pharmacist dies after drinking chemical mix they made to come up with coronavirus treatment

K Sivanesan, 47, and his colleague Rajkumar worked for a herbal medicine company and tested their treatment - a mix of nitric oxide and sodium nitrate - at a home in southern Chennai city.




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Recruiter Eliza Kirkby lists the three biggest mistakes job candidates make on social media

An Australian recruiter has listed the three biggest mistakes job candidates make on social media that could cost them a career.




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Mark Cavendish and Greg Rutherford lead British athletes' Rio Olympics 2016

Britain's bronze medal long jumper Greg Rutherford had an emotional reunion with his partner Susie Verrill and son Milo, while silver medallist Mark Cavendish also returned from Rio.




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Marie Stopes abortion charity accepted millions of pounds in funding from US porn baron

Marie Stopes International (MSI) has received more than £7.5million from sex-toy salesman Phil Harvey, critics have now accused the charity of betraying its stated aims.




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Michael Owen reveals teenage son suffers with degenerative eye condition and won't be a footballer

Owen has revealed that his 13-year-old son, James, was diagnosed with Stargardt disease several years ago, which means his retina will slowly degenerate, causing a loss of vision.




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Indian Railways vs Tamil Nadu Electricity Board ... on 27 February, 2020

1. Indian Railways, an establishment working under the control of the Central Government in terms of the Railways Act, 1989, has been constrained to come to this Tribunal by the present appeal under Section 111 of the Electricity Act, 2003 to assail the decision of the Tamil Nadu Electricity Regulatory Commission (hereinafter referred to as "TNERC" Appeal No. 188 of 2019 & IA No.980 of 2019 Page 2 of 9 or "State Commission") dated 25.03.2019 passed in Petition No. M.P. 4 of 2019, declining to entertain the request, inter-alia, for direction to the respondents - State Transmission and Distribution Companies - to process the application and grant non-discriminatory open access based on its claim of being a deemed licensee with certain other ancillary reliefs, the prime reason being that the State Commission was not satisfied with the "form" in which such petition had been presented.




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Indian Captive Power Producers ... vs Gujarat Electricity Regulatory ... on 2 March, 2020

1. The present appeal has been filed by Indian Captive Power Producers Association (ICPPA) (Appellant) against the daily order dated 01.02.2019 ("impugned order") passed by the Gujarat Electricity Regulatory Commission ("Respondent Commission") in Petition No. 1672 of 2017, preferred by the Appellant. Vide the present appeal, the Appellant is seeking necessary directions for expediting the proceedings in Petition No. 1672 of 2017 preferred by the Appellant. Under the aforesaid Petition, the Appellant is seeking amendment of the provisions of the Gujarat Electricity Regulatory Commission (Terms and Conditions of Intra-State Open Access) Regulations, 2011 ("GERC OA Regulations, 2011") as detailed therein. However, even after a lapse of more than 2 years, the Respondent Commission has failed to hear the Petition on merits, thereby leading to a delay in deciding the said case.




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HAMISH MCRAE: Why we need a spending spree

Willingness to spend will be one key element determining the force of the bounce. Ability to work will be the other. Here, the Government's plan will be very important.




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Tory PR girl who loves partying with MPs and pictured bathing in MILK is standing in ex-mining area

Clare Ambrosino will try to win the Easington seat in County Durham on December 12 - a mining community that has always returned a Labour MP since the constituency was formed in 1950.




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George Osborne warns tight bank lending could crash the economy if Coronavirus causes firms to fail

The former politician, who oversaw austerity in the years following the 2008 financial crisis, raised the spectre of banks refusing to lend money if businesses start going to the wall.




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Schalke boss David Wagner reveals players will have individual salt and pepper sachets for meals

The Bundesliga is restarting on May 16 and players will be isolated in hotels before matches. Among the rules for the Bundesligas return are detailed instructions for coaches.




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Crystal Palace manager Roy Hodgson becomes the latest name to back ending 2019-20 campaign

England's top flight was suspended on March 13 due to the coronavirus pandemic and has been put on hold indefinitely until the virus has been suitably contained and it is safe for players to return.




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M/S Suretex Prophylactics India ... vs The Commissioner Of Central ... on 5 May, 2020

2. We have heard the learned Advocates appearing for parties and formulated following substantial questions of law on 26.02.2020, which reads:

"(i) Whether under Rule 5 of CENVAT Credit Rules, 2004 prior to and from 01.04.2012 appellant would be entitled to seek refund without reference to the limitation? Or

(ii) Whether the time prescribed under Section 11B of the Central Excise Act, 1944 would be applicable for claiming refund of CENVAT Credit?"

6

CEA No.35/2018 came to be admitted on 23.07.2019 to consider the substantial questions of law indicated thereunder.




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Several Indian and Chinese soldiers injured in fresh face-off in Sikkim

Indian and Chinese soldiers were injured during a face-off along the boundary in north Sikkim, sources said.Four Indian soldiers and half a dozen of Chinese troops were injured during the confrontation on Saturday which took place at Naku La sector, ahead of Muguthang, a pass at a height of more than 5,000 metres, the sources added.In total, 150 soldiers were present when the confrontation took place, which was later resolved at the local level.The sources said that temporary and short duration face offs occur as boundaries are not resolved."Incidents of face off article took place. Aggressive behaviour and minor injuries took place from both sides. They were disengaged after dialogue and interaction at local level," they added.Troops resolve such issues mutually as per established protocols.This




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COVID-19: First batch of 88 nurses from India arrive in UAE

Dubai, May 10 () The first batch of 88 nurses from India arrived in the UAE to help the country's stretched healthcare professionals amid a surge in the number of COVID-19 infections in the Gulf nation that has crossed 17,000, according to media reports.The Ministry of Health and Prevention said the UAE reported 624 new cases on Saturday, taking the total number of infections to 17,417.The number of fatalities reached 185 after 11 deaths were reported on the day.The nurses, who are from Aster DM Healthcare hospitals in the states of Kerala, Karnataka and Maharashtra, will be put under quarantine for 14 days after which they will be assigned to various field hospitals as per requirement, the Khaleej Times reported.They arrived on a special flight at the Dubai airport on Saturday.India's Ambassador




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Lockdown: Air India flight brings home 239 Indians from UK

Mumbai, May 10 () An Air India flight landed here from London at 1.30 am on Sunday carrying 239 Indians from the UK who were stranded there due to suspension of commercial passenger air services and the subsequent lockdown, an official statement said. In addition to this, two more repatriation flights -- one each from Singapore and Manila ( Philippines) -- are expected to arrive in Mumbai on Sunday, it said. While the flight from Singapore (AI 343) will be carrying 243 passengers, the Manila-Mumbai flight (AI 387) would bring back 241 Indian nationals from the South East Asian country, as per the statement. "1st flight 2 #Mumbai landed- crew interaction less with the passengers. Protective kit was given 2 all-along with snack n meal kept on the seat beforehand. Next #quarantine. Watch




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Satish Chander And Ors vs Union Of India And Ors. (Home ... on 18 March, 2020

(Dhiraj Singh Thakur) Judge Srinagar:

18.03.2020.

"Shameem H."

SHAMEEM HAMID MIR 2020.03.24 12:42 I attest to the accuracy and integrity of this document