The airline has told 20,000 staff members to stand down and cut schedules from late March until May after the government recommended Australians do not travel overseas

Qantas CEO Alan Joyce has defended the decision to stand down 20,000 staff in the face of the coronavirus outbreak which he described as the worst crisis to ever hit the airline industry.

Supermarket giants Coles and Woolworths were the first to flag offers for staff members being made redundant during the coronavirus pandemic.

Virgin Australia has complained to the competition regulator about Qantas chief executive Alan Joyce's suggestion it would be unfair for the government to prop up one airline.

The 2GB morning show host slammed the airline boss as Qantas continues international flights before they're suspended next week, despite the outbreak growing to 2,675 cases in Australia and 11 deaths.

South Australia Health on Tuesday said they are investigating a COVID-19 cluster at Adelaide Airport.

Virgin Australia has warned the cost of flights would soar if the airline was forced to close, leaving Qantas and their budget arm Jetstar with a monopoly on the industry. 

Thousands of citizens are understood to be stranded overseas, but four international routes are now being subsidised by the federal government.

Both airlines announced 13 flights this month for Australians stuck overseas during the coronavirus pandemic after the government agreed to subsidise service costs.

The crew flew from Santiago to Sydney on March 29, with all passengers on the flight taken to hotels to quarantine for 14 days.

Luke Sikalias lost his claim for unfair dismissal at the Fair Work Commission after an incident before a flight from Melbourne to Sydney in May 2018.

It would supplement a federal government package worth $1billion which has already been committed to the ailing Australian aviation industry hit hard by the crisis' impact on global travel.

Worrying clusters have emerged in recent days of Qantas cabin crew and their family being infected with COVID-19 - including 15 reported cases from a rescue flight from Santiago on March 29.

Australian Deputy Prime Minister Michael McCormack said the move was about ensuring essential workers including frontline medical and defence workers were able to travel.

The Transport Workers Union took the airline to the Federal Court on behalf of workers on sick leave who can no longer access the entitlement after Qantas stood down two thirds of its workforce.

Qantas has moved to revamp its credit policy during the coronavirus crisis after a wave of anger from out-of-pocket customers.

Qantas is preparing to lose $40 million a week until the travel industry recovers from the coronavirus shutdown.

Qantas could drop the price of regional flights to just $19 as the airline tries desperately to recover from the coronavirus shutdown.

The Food and Drug Administration on Saturday announced emergency authorization for antigen tests which rapidly detects fragments of virus proteins in samples from nasal swabs.

The assistant has not been around Ivanka Trump for weeks and has been working remotely. Both Ivanka Trump and her husband, Jared Kushner, tested negative for COVID-19.

Sir Reginald Sheffield, Samantha Cameron's father, was targeted in the grounds of Normanby Hall near Flixborough outside Scunthorpe, in an alleged tussle with a man accused of stealing his iPhone 8.

The CEO of International Airlines Group has waded into the row over the UK government's proposals to force travellers arriving into Britain, including UK citizens returning from holiday, into quarantine.

Dr. Anthony Fauci (left), CDC head Robert Redfield (bottom right), and FDA chief Stephen Hahn (top right) will self-quarantine after coming into contact with an infected White House staffer.

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.

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.

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 Dr. R.C. Trivedi (Expert Member) Dated: October 16, 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 first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water.

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 Dr. R.C. Trivedi (Expert Member) Dated: October 16, 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 first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water.

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 Dr. R.C. Trivedi (Expert Member) Dated: October 16, 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 first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water.

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. Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

WP(C).8416/19 4

3. The singular contention urged by the learned counsel for the petitioner is that the first respondent had committed a fundamental error in adopting the revised assessed tax of the year 2007-08 as the basis for revising the assessment and refixing the compounded tax liability for the years 2008-09, 2009-10 and 2010-11. In support of this contention, attention is drawn to Section 7(b) of the KGST Act and reliance is placed on the decisions in Sicilia Hotel Pvt. Ltd (Supra), and Kalyan Tourist Home v. State of Kerala (2017 (2) KLT 761).

4. Opposing the contentions, the learned Government Pleader would submit that, the power for revising the assessment after payment of compounded tax under Section 7(b) cannot be limited to be based only on the tax payable as conceded in the return or accounts or the turnover tax paid for any of the previous consecutive three years. It is contended that there is no inhibition in Section 7 that revision of assessment cannot be on the basis of assessed tax. It is submitted that this position has been succinctly laid down by the Division Bench in Kalika Hotel and Bar, Amballur(M/s) v. State of Kerala (2012 (3) KHC 85) and The Commercial Tax Officer v. M/s Hotel Breezeland Ltd. (2019 (2) KLT 432).

The above appeal was originally filed as a 'Motor Accident Claim Appeal', ('MACA'). The appeal memorandum reflected that the appeal was filed under Section 341 of the Code of Criminal Procedure(Cr.P.C.), read with Section 169(2) of the Motor Vehicles Act, 1988. When the Registry of this court noted defect, the appeal was sought to be be filed under Section 173 of the Motor Vehicles Act. The Registry has not yet accepted the same for the reason that the order impugned is not an Award passed by the Motor Accidents Claims Tribunal, as required under Section 173 of the Motor Vehicles Act. The Unnumbered Crl. Appeal 16 of 2020 -:4:- Registry noted that, probably an original petition under Article 227 of the Constitution of India alone may lie against the order impugned. However, the matter was posted before the Bench for hearing on the question of maintainability. On 05.09.2016, learned counsel appearing for the appellants conceded that the Registry is correct in holding that an appeal will not lie under Section 173 of the Motor Vehicles Act. He sought time for curing the defect, which was allowed. Thereafter the case was re-presented with correction made in the 'Docket Sheet' in the cause title portion, styling it as an 'appeal', instead of "MACA". But the memorandum of appeal in all other respects remained as such. On the request of the counsel for the appellants, the matter was posted before this Bench, for hearing on the question of maintainability. Senior Advocate Sri. P. Vijayabhanu has consented to assist the court as Amicus Curiae. Hence the question of maintainability was heard in detail.

Income Tax Appeal Nos. 135/2019 & 146/2019 are filed challenging a common order passed by the Income Tax Appellate Tribunal, Cochin Bench in ITA Nos.536/Coch/2018 and 537/Coch/2018, dated 12-03-2019. Income Tax Appeal No.313/2019 is filed against the revised order passed by the same Tribunal ITA No.537/Coch/2018, dated 11-10-2019. The assessee was the appellant before the Tribunal, who is the appellant herein. The revenue is the respondent.

2. Appellant is a company registered under the Companies Act, engaged in wholesale and retail trade of beaverages within the State of Kerala, and is a 'State Government Undertaking' falling within the 'Explanation' provided under Section 40 (a) (iib) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short). With respect to I.T. Appeal Nos. 135, 146 & 313/2019 -5- the assessment year 2014-2015, the Deputy Commissioner of Income Tax, Circle-2 (1), Thiruvananthapuram finalized the assessment of income tax against the appellant, under Section 143 (3) of the Act, through the order of assessment dated 14- 12-2016. But, the Principal Commissioner of Income Tax, Thiruvananthapuram initiated proceedings under Section 263 of the Act and set aside the order of assessment, on holding that the same is erroneous and is prejudicial to the interest of the revenue, to the extent it failed to disallow the debits made in the Profit and Loss Account of the assessee with respect to the amount of surcharge on sales tax and turn over tax paid to the State Government, which ought to have been disallowed under Section 40 (a) (iib) of the Act. Against order of the Principal Commissioner of Income Tax, issued under Section 263 of the Act, dated 25-09-2018, the appellant approached the Tribunal in ITA No.536/Coch/2018.

2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor.

3. The registration of the first information report is the process in terms of which the criminal law is set in a cognizable case. True, the first information report and all further proceedings thereto can be quashed by this court either to prevent abuse of the process of any court or otherwise, to secure the ends of justice where the allegations made in the first information report, even if they are taken at their face value and accepted in their entirety, do not, prima facie, constitute any cognizable offence, or where the criminal proceedings is manifestly attended with malafide and/or where the proceedings is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to Crl.M.C.No.4440 of 2018 5 private and personal grudge. It is, however, settled that the power to quash the first information report is a power that must be exercised sparingly and with circumspection in rarest of rare cases. It is also settled that the court would not be justified in embarking upon an enquiry in such cases as to the reliability or genuineness or otherwise of the allegations made in the first information report. The court cannot also enquire whether the allegations in the first information report are likely to be established [See M.Narayandas v. State of Karnataka, (2003)11 SCC 251].

SHRI BALUBHAU ALIAS SURESH NARAYAN DHANORKAR (CHANDRAPUR): I beg to present the following Reports (Hindi and English versions) of the Standing Committee on Coal and Steel :-

(i)                 Third Report on 'Demands for Grants (2019-20)' pertaining to the Ministry of Coal.

(ii)               Fourth Report on 'Demands for Grants (2019-20)' pertaining to the Ministry of Mines.

(iii)              Fifth Report on 'Demands for Grants (2019-20)' pertaining to the Ministry of Steel.

डॉ. निशिकांत दुबे (गोड्डा): माननीय अध्यक्ष जी, मैं आपके माध्यम से … * भ्रष्टाचार की गंगोत्री है,के बड़े स्कैम की तरफ देश और पार्लियामेंट का ध्यान आकृष्ट करना चाहता हूं ।             महोदय, जब माननीय वाजपेयी जी की सरकार थी,वर्ष 2003 में सरकार ने तय किया था कि हम लोगों को एस बैंड के लिए कंपनी बनानी चाहिए और एन्ट्रिक्स को इसकी मार्केटिंग करनी चाहिए । वर्ष 2003 में एक आदमी के साथ उसकी बातचीत स्टार्ट हुई । हमारी सरकार चली गई । आपको जानकर आश्चर्य होगा कि हमारी सरकार के जाने के बाद 28 जनवरी, 2005 को एन्ट्रिक्स और देवास नाम की कंपनी के साथ एक एग्रीमेंट साइन हुआ । …(व्यवधान) देवास कंपनी 17 दिसम्बर, 2004 को बनी । …(व्यवधान) उसके साथ 60,000 करोड़ का एग्रीमेंट भारत सरकार ने साइन किया । …(व्यवधान)           महोदय, दूसरा सवाल है कि जिन कंपनियों से पैसा आया, मॉरिशस की कंपनी   …(व्यवधान) कंपनी 2006 में बनी, 2009 में बनी, 2010 में बनी ।…(व्यवधान) और … * जी ने एफआईपीबी का क्लियरेंस दिया । …(व्यवधान) माननीय अध्यक्ष: श्री संतोष पाण्डेय जी ।

2. Notice issued shall indicate that reply shall be filed within two days of the receipt of notice.

List on 27th April 2020.

(RAJNESH OSWAL) (GITA MITTAL) JUDGE CHIEF JUSTICE Jammu 23.04.2020 Raj Kumar RAJ KUMAR 2020.04.23 15:38 I attest to the accuracy and integrity of this document

Issue notice of this application to the respondents. Mr. Amit Gupta, AAG accepts notice.

2 WP(C) PIL NO. 41/2019 Let a copy of this application be sent to Mr. Amit Gupta, AAG by Mrs. Deepika Mahajan, Advocate, who shall seek instructions that immediate steps are taken to ensure food and all facilities to these survival of natural calamity.

Let a copy of this application be also furnished to Mr. M. K. Sharma, Member Secretary, State Legal Services Authority, Jammu and Ms. Sandeep Kour, Secretary, District Legal Services Authority, Udhampur to ensure that these people are given immediate assistance.

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.

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

VERSUS ASCON AGRO PRODUCTS EXPORTERS AND BUILDERS PRIVATE LIMITED BEFORE The Hon'ble Justice SHAMPA SARKAR Date: 28th April, 2020 Apperance Mr. Saunak Ghosh, Adv. with Mr. Rajib Mullick, Adv.

..for the decree holder Mr. Dipanjan Roy, Adv (in person) ..for the judgment debtor The Court: GA No.803 of 2020 is an application filed by the decree holder for non-prosecution of the Execution Case no.302 of 2019 arising out of a judgment and decree dated July 26, 2017 passed in CS No.115 of 2013, in view of settlement arrived at by and between the parties.

1. Leave granted.

2. This appeal arises out of the final judgment and order dated 14.12.2018 passed by the High Court1 in Writ Petition (Civil) No.2730 of 2018 preferred by the appellant herein.

3. The facts leading to the filing of this appeal, in brief, are as under:-

1

High Court of Delhi at New Delhi CIVIL APPEAL NO. 2377 OF 2020 (@ SLP (C) NO.1169 OF 2019) VODAFONE IDEA LTD (EARLIER KNOWN AS VODAFONE MOBILE SERVICES LIMITED) VS. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 26 (2) & ANR.) 2 A] The appellant-Vodafone Idea Ltd. (earlier known as Vodafone Mobile Services Ltd or VMSL for short) is engaged in providing telecommunication services in different circles.

1. Leave granted.

2. The moot question in this appeal emanating from the judgment and order dated 19.11.2018 in Writ Petition No. 39418/2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh1 is: whether the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India ought Signature Not Verified Digitally signed by to entertain a challenge to the assessment order on the sole DEEPAK SINGH Date: 2020.05.06 16:03:16 IST Reason:

1 For short, “the High Court” 2 ground that the statutory remedy of appeal against that order stood foreclosed by the law of limitation?

CS(COMM) 336/2019 Page 1 of 21

2. Case of the plaintiff in the suit is that the plaintiff is dealing in the medicinal and pharmaceutical product under the mark AMADAY which is used for treatment of high blood pressure, heart disease and the defendant is selling its drug under the name ANADAY which is deceptively similar to the plaintiff's well-known registered trademark and amounts to infringement of the plaintiff's rights in its trademark; even though the drug produced and sold by the defendant under the trademark ANADAY is used for treatment of breast cancer.

3. As per the plaintiff, plaintiff first obtained the title in the trademark AMADAY by its first application bearing No. 747783 on 10th July, 1997 and thereafter started using the said trademark AMADAY from 2001. On 4th February, 2008 defendant filed its application bearing No. 1649587 for the impugned mark ANADAY which was duly opposed by the plaintiff and the defendant did not pursue the said application and vide order dated 15 th March, 2016 of the Trade Mark Registry, the same was declared abandoned. On 8th October, 2016 defendant filed another trademark application for registration of the trademark ANADAY vide application No. 3384539 in Class 5 which is currently pending. In the third week of June, 2019 the representative of the plaintiff came across defendant's medicinal preparation AMADAY at Delhi, and hence the suit.

1. The hearing was conducted through video conferencing.

OMP (I) (COMM.) 95 & 96/2020 Page 1 of 4

2. Petitioner, by the present petition, under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the "Arbitration Act"), inter alia seeks a restraint on the respondent from invoking and encashing the performance bank guarantees issued by respondent no. 2 on behalf of the petitioner and further seeks a direction to respondent no. 1 to release the payments due to the petitioner under the relevant contracts.

3. It is submitted that the respondent no. 2 is a Performa party.

4. Several contracts have been executed between petitioner and respondent no. 1 for provision of services, personnel and equipment. The contracts were executed as part of a composite transaction for the performance of services between petitioner and respondent no. 1 and are subject to and governed by Master Services Agreement and Master Supply Agreement.

Law laid down Significant Para Nos.

Reserved on : 04.02.2020 Delivered on : 08.05.2020 (O R D E R) With the consent of learned counsel for the parties, since pleadings are complete, the matter is heard finally.

2. Heard on the question of admission.

3. This petition is under Article 226 of the Constitution of India. By the instant petition, the petitioner is claiming that he was working as 2 W. P. No. 1763/2020 Chairman/President of Municipal Council, Khandwa, by virtue of his election and certificate issued by the Returning Officer on 04.12.2014. The tenure of the President in the Municipal Council is over and the respondents/State is inclined to appoint an Administrator who is a Government Officer.

2. The case of prosecution against the appellants, in short, is that Vijay Pratap Singh (PW-9) while posted as S.H.O. of Police Station, Kotwali, Shahdol received information on 10/04/2007 that one Ravi Sharma alias Gudda is dealing with fake Indian currency notes and he is coming at bus stand with fake currency notes. SHO- Vijay Pratap Singh called two Panch witnesses Chandrakant Soni (PW-10) and Md Jakir khan (PW-3). and after informing them recorded the said information in Rojnamcha Sanha (Ex.P/1) and moved to spot along with panch witnesses, ASI Pradeep Dwivedi (PW-8), Constable Arvind Pyasi (PW-7), Swatantra Singh, Arvind Dubey, Mahesh Yadav, Satya Narayan (PW-4), Rahees Khan, Pramod Pandey, Shailendra Chaturvedi and driver Chandra Prakas in Government Vehicle No.M.P.03 5682 and recorded that Ravangi(outgoing) in Rojnamcha Sanha (Ex.P/31).

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Nath Sinha, Advocate For the State : Mr. Pranav Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Case No. 70 of 2019 arising out of Maner PS Case No. 179 of 2019 dated 09.04.2019 instituted under Sections 341/323/354/504/506/379/34 of the Indian Penal Code, 8/12 of The Protection of Children from Sexual Offences Act, 2012 and 54 'D' of the I T Act.

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 12:53:02 ::: 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.

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 12:52:51 ::: 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.