v Russian troops are using drones to track down members of failed Venezuelan coup, local media claims By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:18:39 GMT El Nacional published allegedly deleted tweets from state military command ZODI La Guaira center which claimed that Russian special forces members were aiding the search for coup members. Full Article
v Three children in New York die from a rare inflammatory syndrome that may be linked to coronavirus By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:23:57 GMT Three children in New York have died and 73 more cases have been reported of a rare inflammatory syndrome exhibiting symptoms similar to Kawasaki disease or toxic shock-like syndrome. Full Article
v Ahmaud Arbery's heartbroken mom hopes her son's killers spend the rest of their lives behind bars By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:30:38 GMT Wanda Cooper spoke out over her son's brutal slaying on what would have been his 26th birthday and slammed law enforcement for failing to bring his killers to justice for months. Full Article
v Harry says life has `changed dramatically´ in video message By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:39:36 GMT In a video posted on the event's Twitter account, the Duke of Sussex urged the 'Invictus family' to look out for each other and encouraged them to get involved with virtual activities. Full Article
v Matt Hancock now 'on borrowed time' after battles with Michael Gove, Rishi Sunak and Boris Johnson By www.dailymail.co.uk Published On :: Sun, 10 May 2020 00:44:41 GMT Matt Hancock is living on 'borrowed time' as Health Secretary following clashes with the three most powerful members of the Government over the Covid crisis, The Mail on Sunday has been told. Full Article
v Up to 50,000 coronavirus test samples are sent to the US for analysis after 'operational issues' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 01:07:19 GMT Daily coronavirus tests fell the below 100,000 target for a seventh day in a row. Health Secretary Matt Hancock urged Boris Johnson to 'give me a break' in a furious bust-up over the coronavirus crisis. Full Article
v Police fire pepper balls at crowd of protesters gathered at site of officer-involved fatal shooting By www.dailymail.co.uk Published On :: Sun, 10 May 2020 02:22:34 GMT Several dozen gathered at the intersection of 62nd Street and Michigan Road in Indianapolis on Saturday, where a police officer fatally shot Dreasjon 'Sean' Reed, 21, on Wednesday. Full Article
v Texas man who lives near El Paso arrested for allegedly making online threat to shoot up a Walmart By www.dailymail.co.uk Published On :: Sun, 10 May 2020 04:29:50 GMT Alex R. Barron, 29, of Horizon City, Texas, was arrested Friday evening after the FBI said it received a tip on Thursday evening about a social media post containing a threat against Walmart. Full Article
v Trump says US will start buying $3billion of agricultural goods from farmers to give to food banks By www.dailymail.co.uk Published On :: Sun, 10 May 2020 04:54:06 GMT President Trump announced the $3billion food buy - part of April's $16billion farmer assistance program - would begin next week, as unemployment continues to soar in the US. Full Article
v One-third of US coronavirus deaths are nursing home residents or workers with one-fifth in New York By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:27:29 GMT At least 25,600 residents and workers at US nursing homes or long-term care facilities for the elderly have died from coronavirus as of Saturday, new statistics show. Full Article
v 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
v Boris Johnson will tell public to 'stay alert, control the virus and save lives' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:45:58 GMT Boris Johnson is expected to drop the 'stay at home' slogan during a televised address to Britain on Sunday at 7pm in an effort to reopen parts of the economy damaged during the coronavirus crisis. Full Article
v Ivan Lendl says tennis 'GOAT' debate will be decided by who wins most Grand Slam titles By www.dailymail.co.uk Published On :: Sat, 09 May 2020 18:41:05 GMT Roger Federer, who will be 39 in August, leads the race with 20 Grand Slam singles titles. Rafa Nadal is hot on his heels with 19 titles, while Novak Djokovic is closing in quickly with 17. Full Article
v Fighters put in last-minute preparations ahead of UFC 249 headlined by Ferguson v Gaethje By www.dailymail.co.uk Published On :: Sat, 09 May 2020 19:53:57 GMT UFC 249 will be the first major US sporting event since the shutdown due to coronavirus. The main event will see Tony Ferguson fight Justin Gaethje for the interim lightweight championship. Full Article
v 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
v UFC star Niko Price suffers gruesome eye injury in defeat to Vincente Luque By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:44:02 GMT WARNING - GRAPHIC CONTENT: The Hybrid was felled in the third round and, with his eye noticeably swelling shut, the welterweight clash was called to a halt. Full Article
v Democrats propose coronavirus relief package to send $2,000 to each American every month By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:57:14 GMT Senators Kamala Harris, Bernie Sanders and Ed Markey introduced the Monthly Economic Crisis Support Act Friday. Full Article
v Fire breaks out in Moscow coronavirus hospital killing one By www.dailymail.co.uk Published On :: Sat, 09 May 2020 23:28:19 GMT One person was killed after a fire broke out tonight at a Moscow hospital treating patients infected with the new coronavirus, authorities said. Full Article
v MLB 'considers playing a shortened 80-game season where teams only face regional rivals' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 03:17:26 GMT Major League Baseball appears tentatively set to approve a plan that would call for an 80-game regular season beginning in early July. MLB Commissioner Rob Manfred is seen above. Full Article
v South Dakota governor gives Native American tribes 48 hours to remove checkpoints on highways By www.dailymail.co.uk Published On :: Sun, 10 May 2020 06:23:08 GMT South Dakota Governor Kristi Noem (bottom right) threatened legal action against the Oglala Sioux and Cheyenne River Sioux Tribes over checkpoints set up on roads leading to their reservations. Full Article
v Ruthie Ann Miles announces that she has given birth to daughter Hope Elizabeth By www.dailymail.co.uk Published On :: Sun, 10 May 2020 06:52:51 GMT Broadway star Ruthie Ann Miles, 37, has given birth to a baby girl and announced it on her Instagram. Hope Elizabeth was born last month to her and husband Jonathan Blumenstein. Full Article
v 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
v 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
v 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
v 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
v 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
v 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
v 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
v Chandra Bilash Singh vs The State Of Bihar on 20 April, 2020 By indiankanoon.org Published On :: Mon, 20 Apr 2020 00:00:00 +0530 Mr. Mrigank Mauli, learned counsel, assisted the Court on behalf of the petitioner and Mr. Vinod Kumar, learned Additional Public Prosecutor, assisted the Court on behalf of the State. In this application, filed under Section 397 read with Section 401 Cr.P.C., the petitioner has challenged the judgment dated 28.08.2019 passed by learned Additional Sessions Judge- XVI, Patna, in Cr. Appeal No.4 of 1999, whereby the lower appellate Court affirmed the judgment and sentence of conviction and punishment dated 10.12.1998 passed in Gardanibagh P.S. Case No.770 of 1988. Full Article
v Arjun Singh, vs The State Of Bihar on 22 April, 2020 By indiankanoon.org Published On :: Wed, 22 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 counsels for the petitioner, the State and the Bank. Learned counsel for the State and learned counsel for the Bank are directed to file paragraph wise counter affidavit within a period of eight weeks. In the meantime, learned counsel for the petitioner shall take all necessary steps to remove the defects as pointed out by the Stamp Reporter vide Office notes dated 21.04.2020 within a period of six weeks. Full Article
v Santosh Chaudhary vs The State Of Bihar on 23 April, 2020 By indiankanoon.org Published On :: Thu, 23 Apr 2020 00:00:00 +0530 Heard Dr. Anjani Prasad Singh, learned counsel for the petitioner and Mr. Dilip Kumar Singh, learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that the petitioner was apprehended by the police on suspicion, from out side his house, and thereafter house of the petitioner was searched and two litres of country made liquor was recovered. Full Article
v 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
v 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
v M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 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 learned counsel for the petitioner. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the BIADA. Learned counsel for the petitioner seeks permission for filing of Interlocutory Application to amend the relief/s as sought for in the writ application, whereby he wants to challenge the order dated 24.04.2020 issued vide Memo No. 1237/D by which the respondent nos. 5 to 7 have rejected the representation of the petitioner made vide Annexure-5 to the writ application. Full Article
v Sanjay Rai vs The State Of Bihar on 29 April, 2020 By indiankanoon.org Published On :: Wed, 29 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 APP for the State. The petitioner seeks bail in a case registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 1586.160 liters wine is recovered from the brick kiln. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.11.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There Patna High Court CR. MISC. No.10317 of 2020(3) dt.29-04-2020 2/3 is no allegation of tampering of witnesses against the petitioner. The name of the petitioner has come on the basis of disclosure made by the co-villagers. The names of the co-villagers have not been disclosed by the prosecution. It is alleged that 1586.160 liters wine is recovered from the brick kiln. The brick kiln in question belongs to the joint family of the petitioner. The petitioner had no knowledge regarding the alleged occurrence. There is no recovery from the conscious possession of the petitioner. A supplementary affidavit has been filed stating that the mother of the petitioner has expired on 13.04.2020. There is no compliance of Section 100 Cr.P.C. There is no chance of the trial being concluded in near future. Other similarly situated co- accused, namely, Babban Ray has been granted anticipatory bail by a Co-ordinate Bench of this Court vide Cr.Misc.No.78312 of 2019 dated 29.01.2020. Full Article
v 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
v 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
v 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
v 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
v 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
v 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
v 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
v 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
v Bank Of India vs Sandeep S/O Sureshchander ... on 20 December, 2019 By indiankanoon.org Published On :: Fri, 20 Dec 2019 00:00:00 +0530 3. Both the Appeals arise out of and are directed against the same order dated 19.5.2018 passed in Complaint No.14/2016 by Shri S V R Srinivas, Principal Seoretary, Information and Technology, Government of Maharashtra in the capacity of Adjudicating Officer (AO) exercising jurisdiction under section 46 of the Information Technology Act,2000, Since parties and the issues are common, both the Appeals have been heard together and shall be governed by this common judgement. 4. The proceedings before the learned AO commenced on filing of a complaint on 14.12.2015 by the complainant, Sandeep Singhal, a businessman residing at Nagpur. The complaint contains all the relevant informations with respect to both the respondents, Bank of India, Rana Pratap Nagar Branch, Nagpur and Vodafone Cellular Ltd., Maharashira, The particulars of claims show that Rs. 18,75,381.41 has been claimed towards actual losses sustained because of alleged negligence of the bank andfor because of negligence of M/s. Vodafone in illegally issuing the duplicate SIM Card to an imposter, Rs. 5 lakhs have been claimed towards actual costs on account of travelling and ldgation expenses etc. Rs 10 lakh has been claimed towards damages on account of mental agonies caused to the complainant. Full Article
v Siti Network Ltd vs I Right Television Network on 7 January, 2020 By indiankanoon.org Published On :: Tue, 07 Jan 2020 00:00:00 +0530 HOM BLE MR. JUSTICE SHIVA KIRTIE SINGH, CHAIRPERSON For Petitioner : Ms. Bitwik Nanda, Advocate MrAbhishek Bose, Advocate Ms.ApoorvaVijh, Advocate For Respondent : None Judgement(Oral) This petition has been beard ex-parte against the respondent because even after service of notice through paper publication it chose not to appear and has not filed any reply to contest the claim of the petitioner, to The prayer of the petitioner is as follows: - *(i} Pass a decree in favour of the Petitioner thereby directing the Respondent, pay a sum of Rs. 2,81,100/- (Rupees Two Lakhs Eighty One Thousand and One Hundred Only} to the Petitioner towards the outstanding dues as on date; Gi) Pass a decree in favour of the Petitioner awarding interest @ 18% from 08,16.2015 dil realization of the outstanding amount: Full Article
v Aircel Ltd vs Union Of India on 10 January, 2020 By indiankanoon.org Published On :: Fri, 10 Jan 2020 00:00:00 +0530 2. The petition was filed on 16.08.2019 against an order dated 11.07.2019 (Annexure N) whereby the petitioner's application for migration of CMTS Licence effective from 31.12.1998 for Tamil Nadu Service Area to Unitied Licence (UL) was rejected for the second time by the respondent. Before adverting to the issues, it will be useful to take note of some significant and relevant facts. 3. The historical facts relating to the petitioner company; its wholly owned subsidiary, Aircel Cellular Ltd. (ACL); the details of its licences and also subsequent allocation of spectrum which came to be bundled with the said licence are not in dispute. The petitioner's CMTS Licence for Tamil Nadu Circle was for a period of 10 years and due to expire on 30.12.2008. In terms of National Telecom Policy of 1999, DoT offered a migration package. The migration package, inter alia, changed the "Fixed Fee" policy for Indian Telecom Licences to a "Revenue Share" regime. The period of licence got extended upto 20 years and as a result petitioner's licence was to be valid till 30.12.2018. In 2010, the petitioner acquired 5 + 5 MHz of 2100 MHz (3G) and 20 MHz of 2300 MHz spectrum (BWA) in the Tamil Nadu Telecom Circle through auction. These are fully paid for and the validity of allotment is of 20 years i.e. till 2030. In 2015, the petitioner further acquired 10 + 10 MHz of 1800 MHz spectrum in the Tamil Nadu Telecom Circle through auction. Petitioner has the right to use the said spectrum for a period of 20 years Le. till 26.05.2035 and under a deferred payment plan, it claims to have paid 33% of its price. Full Article
v Gtpl Hathway Ltd vs Om Cable And Network on 10 January, 2020 By indiankanoon.org Published On :: Fri, 10 Jan 2020 00:00:00 +0530 2. The petition was filed on 16.08.2019 against an order dated 11.07.2019 (Annexure N) whereby the petitioner's application for migration of CMTS Licence effective from 31.12.1998 for Tamil Nadu Service Area to Unitied Licence (UL) was rejected for the second time by the respondent. Before adverting to the issues, it will be useful to take note of some significant and relevant facts. 3. The historical facts relating to the petitioner company; its wholly owned subsidiary, Aircel Cellular Ltd. (ACL); the details of its licences and also subsequent allocation of spectrum which came to be bundled with the said licence are not in dispute. The petitioner's CMTS Licence for Tamil Nadu Circle was for a period of 10 years and due to expire on 30.12.2008. In terms of National Telecom Policy of 1999, DoT offered a migration package. The migration package, inter alia, changed the "Fixed Fee" policy for Indian Telecom Licences to a "Revenue Share" regime. The period of licence got extended upto 20 years and as a result petitioner's licence was to be valid till 30.12.2018. In 2010, the petitioner acquired 5 + 5 MHz of 2100 MHz (3G) and 20 MHz of 2300 MHz spectrum (BWA) in the Tamil Nadu Telecom Circle through auction. These are fully paid for and the validity of allotment is of 20 years i.e. till 2030. In 2015, the petitioner further acquired 10 + 10 MHz of 1800 MHz spectrum in the Tamil Nadu Telecom Circle through auction. Petitioner has the right to use the said spectrum for a period of 20 years Le. till 26.05.2035 and under a deferred payment plan, it claims to have paid 33% of its price. Full Article
v Union Of India vs Seashore Securities Ltd on 13 January, 2020 By indiankanoon.org Published On :: Mon, 13 Jan 2020 00:00:00 +0530 2. The petition has been filed for a money decree for an amount of Rs. L81,81,517/- and also for pendente lite and future interest with effect from Financial Year 2014-15 along with certain further claims which require i i s been consideration of foreign exchange fluctuations. The said amount has b 2 claimed for recovery of dues/outstanding dues in relation to an agreement between the petitioner and the respondent dated 10.08.2011 whereunder respondent was provided 3 MHz of Ku-band Space Segrnent Capacity on INSAT --~ Asiasat 5 Satellite System. 3. The petitioner, Government of India, has preferred this petition as a service orovider and the respondent, a broadcast licencee, is also a service orovider. The respondent has been shawn to be a "licencee" within the meaning of the term under the TRA] Act, 1997 (the Act}. The petition is thus claimed to be covered within the ambit of Section 14 of the Act. Full Article
v Indusind Media & Communications ... vs Allied Infotainment ... on 13 January, 2020 By indiankanoon.org Published On :: Mon, 13 Jan 2020 00:00:00 +0530 2. In the reply filed on behalf of the respondent in January 2014, two main defenses were raised against the claim. Firstly, the respondent pleaded that the channels of the respondent were not placed regularly and due to such irregularity, the respondent suffered loss of revenue and loss in viewership. Secondly, it on claimed that payment had been made regularly as per the agreed terms. In other words, the second defense was that all the lawful outstanding dues have been paid by the respondent and, therefore, the demand is on account of errors in accounts etc. 3. Through a rejoinder filed in February 2014, the petitioner denied the defense of the respondent and some other allegations and pointed out that at no point of time any grievance or notice was communicated to the petitioner about the alleged irregularity in placement. Through the rejoinder an updated statement of accounts in respect of both the channels was brought on record as annexure to show payment made after the filing of the petitioner and also updated claim of interest. On the basis of statement of accounts the rejoinder disclosed that the claimed amount stood reduced and the respondent was liable till 17.01.2014 only for Rs.2,34,11,352/-. Full Article
v 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