an 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
an The Branch Managar State Bank Of ... vs The Managing Director Nakoda ... on 21 January, 2020 By indiankanoon.org Published On :: Tue, 21 Jan 2020 00:00:00 +0530 >. Learned counsel for the appellants has also filed written notes of arguments and in reply a further written note of arguments has been filed by learned counsel for the respondent. The respondent, as an account holder in the State Bank of India (SBI), suffered a loss of Rs. 18,35 lakh through 20 internet transactions and the money was transferred to 20 accounts, all with the SBI. The account holder/complainant filed Petition No. 1 of 2013 before the leamed A.O./Secretary to Government, Information Technology, Electronics and Communications Department, Government of Andhra Pradesh. After hearing the parties in detail and taking into consideration the defence of the Bank, which is the appellants herein, and all the relevant documents, learned A.O. by the impugned order dated 12,3.2014 has allowed claim of the complainant who is respondent herein and directed SBI to pay the entire amount of Rs. 18.35 lakh with interest from the date of loss ie. 13.5.2012 till the date of payment along with the costs of Rs. 39,750.00. The rate of interest is 18% per annum. Admittedly, nothing has been paid by SBI so far. Full Article
an Multi Reach Media Pvt Ltd vs Zee Entertainment Enterprise Ltd on 24 January, 2020 By indiankanoon.org Published On :: Fri, 24 Jan 2020 00:00:00 +0530 2. The subscriber reports furnished by the petitioner since the introduction. of new regime from 01.02.2019 as per new Regulations and Tariff Order of 2017 were not in accordance with the legal requirement. In the notice, the respondent had alleged under-reporting of subscribers in respect of its channels and later also alleged that petitioner was redistributing Zee Bangla channel in unencrypted mode. As the earlier orders would disclose, technical audit held under the orders of this Tribunal was not a smooth affair. The audit report of KPMG is on record. The parties have filed their response to the audit report. Some of the initial difficulties in the audit and reasons for delay of several months will appear from orders passed on 23.07.2019 and also some of the subsequent orders. The initial shortcomings in the petitioner's system are clear not only from the facts available on record and in the order sheets but also from reports of technical audit of petitioner's system prepared 'at the instance of some other broadcasters. As an interim measure, provisional bills were directed to be raised by the respondent on the basis of subscriber reports of the petitioner but it has been made clear that this arrangement shall not prejudice the claim of the respondent for a higher amount, if justified. Full Article
an Vodafone Cellular Limited vs Mr Sanjay Govind Dhande And Others on 14 February, 2020 By indiankanoon.org Published On :: Fri, 14 Feb 2020 00:00:00 +0530 Mr, Saniay Govind Dhande & Ors. .. Respondents BERPORE: HON BLE MR.FUSTICE SHIVA BIRTI SINGH, CHAIRPERSON For Petitioner (in C.A. No.l of 2014) =: Mr, Thyagrajan, Advocate Ms. Akanksha Banerjee, Advocate For Petitioner (in C.A. No.4 of 2014) : Mr. Alok Sharma, Advocate For Respondents > Mr. Arpun Natrajan, Advocate QRDER By S.K. Singh, Chairperson -- At the outset, it ig recorded that learned counsel for Vodafone Cellular Ltd, appellant in Cyber Appeal No.1 of 2014 has informed that the name of the above corporate entity now stands changed to Vodafone Idea Lid. He prays that this change may be recorded and the changed name should appear in the judgment. This prayer has not been opposed by the learned counsel for the other side and hence the change in the name of Vodatone Cellular Ltd. to that of Vodafone Idea Lid. is recorded and the cause title of this judgment and order is accordingly modified so as to teflect the name of Vodafone Idea Lid. Cyber Appeal No.1 of 2014 has been taken as the lead matter. The appellant in the other appeal (Cyber Appeal No.4 of 2014) Le. ICICT Bank Lid. is one of the respondents in Cyber Appeal No.1 of 2014, Full Article
an Gmr/Hyderabad International ... vs Aera And Ors on 4 March, 2020 By indiankanoon.org Published On :: Wed, 04 Mar 2020 00:00:00 +0530 2. The Appellate Tribunal at the relevant time could not take up the appeals because of vacancies in its composition and therefore, the appellant approached the Hon'ble High Court of Hyderabad through a writ petition bearing WP No.22474/2014 to challenge the impugned Tariff Order dated 24.02.2014 and also to seek its suspension/stay. The High Court issued notices and by an order passed on 26.11.2014 it also directed the Registry to requisition/eall for the records of the present appeal. The Appellate Tribunal was also directed to send the records of this appeal which was accordingly sent within time. It may be noted that the High Court did not transfer the appeal to itself but only requisitioned the records. When the Appellate Tribunal began to function, then in the presence of learned counsel for the appellant, vide order dated 26.11.2015, it held that since the Hon'ble High Court has decided to examine the correctness and validity of the impugned Tariff Order challenged in the present appeal, the appeal has been rendered mfructuous. Full Article
an Reliance Jio Infocomm Ltd vs Tata Communications Ltd & Anr on 16 April, 2020 By indiankanoon.org Published On :: Thu, 16 Apr 2020 00:00:00 +0530 2. It may be useful to note that the facts relevant for the main issue of law indicated above are not in dispute and hence do not require detailed narration. For the sake of convenience, facts will be referred to from the records of T.P. No.77/2019 which has been heard as the lead matter, unless indicated otherwise. 3|Page 3. The two respondents, Tata Communications Ltd. and Bharti Airtel Ltd. are owners / operators of certain facilities which have been described as Cable Landing Operations. For these facilities they are entitled to levy three distinct charges i.e. (i) Access Facilitation Charges (AFC), (ii) Co-Location Charges(CLC) and (iii) Operation and Maintenance Charges (OMC). Prior to 07.06.2007, the charges were based purely on contract between the parties. In 2007, TRAI issued the "International Telecommunication Access to Essential Facilities at Cable Landing Stations Regulations 2007" (2007 Regulations). This introduced the requirement of framing of Cable Landing Stations - Reference Interconnect Offer (RIO) to be calculated on cost based method. Such RIOs for all the three charges were required to be submitted to TRAI, the Regulator for approval. This light- touch regulation was operational till the 2007 Regulations were amended by Amendment Regulation, 2012 dated 19.10.2012. This amendment enabled TRAI to fix and specify the highest charges which could be realizable as per agreement between the parties. On 21.12.2012, TRAI fixed all the three charges vide notification which brought into effect the "International Telecommunication Landing Station Access Facilities Charges and Co-Location Charges Regulations 2012. The said Regulations (No.27 of 2012) contained 3 schedules of charges made effective from 01.01.2013. Full Article
an Reliance Jio Infocomm Ltd vs Tata Communications Ltd &Amp; Anr on 17 April, 2020 By indiankanoon.org Published On :: Fri, 17 Apr 2020 00:00:00 +0530 2. Heard learned Senior Counsel for the petitioner, Mr. K.Vishwanathan and learned Senior Counsel for the non-applicant, Bharti Airtel, Mr.Gopal Jain through video-conferencing. 3. The applicant seeks a direction upon Bharti Airtel not to encash the Bank Guarantee (BG) to which it has become entitled vide judgment of this Tribunal dated 16.04.2020 whereby applicant's petition bearing T.P. No.77/2019 has been dismissed on merits. In the last paragraph of that judgment notice has been taken of an order of the Hon'ble Madras High Court dated 14.11.2019 and in view of the said consent order this Tribunal has directed that the BG submitted to the Tribunal stands invoked for immediate payment to the non-applicant. The prayer in the MA is solely on the ground that moving the Hon'ble Supreme Court in appeal is likely to take some time because of the prevailing pandemic COVID-19. Full Article
an The Goa Foundation Anr vs Union Of India Ors on 25 September, 2014 By indiankanoon.org Published On :: Thu, 25 Sep 2014 00:00:00 +0530 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 Full Article
an Jal Jungle Jameen Sangarsh Samiti vs Dilip Buildcon 7 Ors on 26 September, 2014 By indiankanoon.org Published On :: Fri, 26 Sep 2014 00:00:00 +0530 2. We heard the Learned Counsel for the parties. This application was filed by the Applicant in the matter of the grant of the mining lease to the Respondent No.1 for executing the construction work of the road from the Jaora-Piplodha-Jalandharkheda & Piploda - Sailana at the instance of the Respondent No. 8/Madhya Pradesh Road Development Corporation Ltd. (MPRDC). For the aforesaid purpose the Respondent No.1 was granted temporary mining lease in July, 2013 for mining of material i.e. stone/boulder and murrum from the land in Khasra no. 308/1/1/a, village Amba, Tahsil Sailana, District Ratlam. The question raised by the Applicant was looking to the close proximity to the site of the aforesaid mining lease granted to the Respondent No.1, to the Sailana Wildlife Sanctuary famous for the Lesser Floricon bird, commonly known as Kharmour which is reported to be on the verge of near extinction and the aforesaid Sanctuary is one of the few habitats left over for the breeding purpose preferred by this bird, would be extensively disturbed as a result of the mining activity in such close proximity of the Sanctuary as also the fact, as was revealed before the Tribunal during the hearing, that the extent of the area of the Sailana Wildlife Sanctuary was limited to just about 13 sq.km. Full Article
an Laljee Khangar vs Chairman M.P Seiaa 5 Ors on 30 September, 2014 By indiankanoon.org Published On :: Tue, 30 Sep 2014 00:00:00 +0530 Shri Dharamvir Sharma, Adv. Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member 1. Admit. 2. The grievance of the Applicant is that the Applicant is the land holder of Khasra No. 614 measuring 1.113 hectare in Village Barua, Tehsil Gaurihar, Dist. Chhatarpur, MP and as a result of flooding of river Ken huge amount of sand and muram got deposited on his agriculture field. With a view to cultivate the said land, he intended to remove the aforesaid deposit of sand and muram which would amount to mining operation and as such requiring the grant of EC from SEIAA. However, it was brought to his notice on approaching the authorities of MPSEIAA that under the orders issued in Office Memorandum dated 24.12.2013 by the MoEF, Government of India, no such application could be entertained. Full Article
an Ranjeet Singh Rathore vs Chairman M.P Seiaa 5 Ors on 30 September, 2014 By indiankanoon.org Published On :: Tue, 30 Sep 2014 00:00:00 +0530 Shri Dharamvir Sharma, Adv. Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member 1. Admit. 2. It is submitted by the Learned Counsel for the Applicant that the matter raised in this application has already been covered by the decision of this Tribunal in O.A.No. 315/2014 (CZ) in case of Ram Swaroop Chaturvedi V/s Chairman, MPSEIAA & Ors. decided on 11.09.2014 in the matter of the Office Memorandum dated 24.12.2013, issued by the MoEF, Government of India. 3. We have considered the application as well as submissions made before us. We would accordingly dispose of this petition in the light of our earlier judgement dated 11.09.2014 in O.A.No. 315/2014 and the directions contained therein shall also apply to the applicant in so far as the applicability of the aforesaid orders of MoEF dated 24.12.2013 is concerned. In case an application is submitted by the Applicant, online or as prescribed under the procedure alongwith requisite fee, such application shall be entertained by the MPSEIAA in accordance with law within two months without being influenced by the Office Memorandum dated 24.12.2013 issued by the MoEF in so far as its operations have been stayed by the Principal Bench of National Green Tribunal in Application No. 343 of 2013 (M.A.No. 1093/2013) in the case of Ranbir Singh Vs. State of H.P. & Ors and Page 2 of 3 Application No. 279/2013 (M.A.No. 1120 of 2013) in case of Promila Devi Vs. State & Ors. dated 28.03.2014. Full Article
an Shankar Raghunath Jog vs Union Of India Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 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. Full Article
an Shobha Phadanvis vs State Of Maharashtra Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions: 1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. " Full Article
an Shobha Phadanvis vs State Of Maharashtra Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions: 1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. " Full Article
an Shri Praveen Narayan Mule vs Moef Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 2. There is no dispute about fact that Respondent No.2 formulated a policy as published in Government Resolution dated 12th March 2013. Case of the Appellant is that, Respondent No.5 auctioned various sand-beds of Yavatmal District as per guidelines issued by the Government of Maharashtra in its Policy OM dated March 12th, 2013. He alleges that due to such illegality, extraction of sand by lease holders including Respondent No.6, one of such auction lease holder, being carried out. The Appellant is more concerned with sand-beds at village Babhulgaon. He would Misc Appln. No.155/2014 Page 3 submit that before grant of Environmental Clearance, State Environment Appraisal Committee (SEAC) ought to have considered whether the sand-bed is below 5 ha. area and distance between two (2) sand-beds is atleast 1 k.m. The SEAC failed to consider such kind of parameters and recommended the case to the SEIAA (Respondent No.4). The SEIAA thereafter granted the EC without proper assessment and appraisal. Consequently, the Appellant challenges the EC and the auction proceedings. Full Article
an Narmada Khand Swabhiman Sena vs State Of M.P Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 Counsel for Respondent Shri Sachin K. Verma,Adv. Nos. 1, 3, 4 & 8: Shri D.S.Kanesh, DFO Counsel for Respondent No. 2: Shri Rajendra Babbar, Adv. Counsel for Respondent No. 5: Shri Naman Nagrath, Sr. Adv. with Mr. Qasim Ali, Adv. Counsel for Respondent No. 6 & 7: Shri Om Shankar Shrivastav, Adv. & Shri Dharamvir Sharma, Adv. Dated : October 1st, 2014 J U D GEM E N T 1. This Application was originally filed as Writ Petition No. 6930/2009 in the High Court of Madhya Pradesh at Jabalpur as Public Interest Litigation. In pursuance of the order dated 05.12.2013 of the Hon'ble High Court of Madhya Pradesh in consonance with the judgement dated 9th August, 2012 of the Hon'ble Supreme Court in Bhopal Gas Peedith Mahila Udyog Sangathan and Others Vs. Union of India & Others (2012) 8 SCC 326, the Writ Petition was transferred to the Central Zone Bench, National Green Tribunal, Bhopal and was registered as Original Application No.114/2013. The matter was listed for hearing on 13-1- 2014 since the Hon'ble High Court, while ordering the transfer of the case, directed that the parties shall appear before this Tribunal on 13-1-2014. Full Article
an M/S. Sri Murugan Dyeing Rep. By Its ... vs The District Environmental ... on 15 October, 2014 By indiankanoon.org Published On :: Wed, 15 Oct 2014 00:00:00 +0530 1. Hon'ble Shri Justice M. Chockalingam, Judicial Member 2. Hon'ble Prof. Dr. R. Nagendran, Expert Member ------------------------------------------------------------------------------------------------ Date: 15th October, 2014 ------------------------------------------------------------------------------------------------ (Hon'ble Shri Justice M. Chockalingam, Judicial Member) These appeals have been filled by appellant herein challenging the order of the 2nd respondent, namely, the Appellant Authority, Tamil Nadu Pollution Control (Appellant Authority) made in Appeal Nos. 37 and 38 of 2013 dated 28.02.2014 whereby the appeals have been dismissed. Full Article
an M/S. Sri Murugan Dyeing Rep. By Its ... vs The District Environmental ... on 15 October, 2014 By indiankanoon.org Published On :: Wed, 15 Oct 2014 00:00:00 +0530 1. Hon'ble Shri Justice M. Chockalingam, Judicial Member 2. Hon'ble Prof. Dr. R. Nagendran, Expert Member ------------------------------------------------------------------------------------------------ Date: 15th October, 2014 ------------------------------------------------------------------------------------------------ (Hon'ble Shri Justice M. Chockalingam, Judicial Member) These appeals have been filled by appellant herein challenging the order of the 2nd respondent, namely, the Appellant Authority, Tamil Nadu Pollution Control (Appellant Authority) made in Appeal Nos. 37 and 38 of 2013 dated 28.02.2014 whereby the appeals have been dismissed. Full Article
an Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 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. Full Article
an Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 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. Full Article
an Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 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. Full Article
an Jsw Paints Private Limited vs Asian Paints Limited on 14 January, 2020 By indiankanoon.org Published On :: Tue, 14 Jan 2020 00:00:00 +0530 Case No. 36 of 2019 1 Brief facts and allegations 2. JSW Paints is stated to be a part of the JSW group of companies, which is involved in several sectors, including steel, energy, cement, etc. JSW Paints was incorporated in the year 2016 and launched its decorative paints in May 2019 in Bengaluru and Hubli in Karnataka. JSW Paints has introduced many innovative approaches in the paints industry for the first time in India. 3. Asian Paints is a listed company and is primarily engaged in manufacture and sale of decorative and industrial paints. According to its Annual Report for the FY 2018-19, it is the 3rd largest paint company in Asia and largest in India. In India, it has 8 manufacturing plants for decorative paints and 2 for industrial paints. Full Article
an Satyen Narendra Bajaj vs Payu Payments Private Limited & ... on 29 January, 2020 By indiankanoon.org Published On :: Wed, 29 Jan 2020 00:00:00 +0530 2. The Informant is an individual user/consumer of the services provided by PayU and other e-payment gateways. 3. PayU is a fintech company that provides payment technology solutions to online merchants. It was founded in the year 2002 and has its head-quarter at Hoofddorp, Netherlands. It allows online businesses to accept and process payments through payment methods that can be integrated with web and mobile applications. Further, PayU is the e-payment division of Naspers, a global internet and entertainment group and one of the leading technology investors in the world. Naspers is a leading financial services provider in the global growth markets and is engaged in the business of providing payment gateway services and other digital payment enablement services to both consumers and businesses. It also holds a Non- Banking Financial Company ('NBFC') license in India to offer credit services. Full Article
an Inphase Power Technologies ... vs Abb India Limited on 31 January, 2020 By indiankanoon.org Published On :: Fri, 31 Jan 2020 00:00:00 +0530 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." Full Article
an Assam Plywood Manufacturers ... vs Assam Petrochemicals Ltd on 6 February, 2020 By indiankanoon.org Published On :: Thu, 06 Feb 2020 00:00:00 +0530 Case No. 34 of 2019 1 2. The Informant is an association of the plywood manufacturers in State of Assam. The OP is a public sector undertaking of Government of Assam established for production of methanol and formalin. 3. As per the Information, formalin is used by plywood units for manufacture of resin, which, in turn, is used as a binding agent in the manufacture of plywoods. The Informant states that formalin is purchased by them from OP, which is the sole unit in North-Eastern India manufacturing the same. The Informant has alleged that the OP is abusing its dominant position by charging a discriminatory price of formalin in State of Assam and State of West Bengal, while it charges Rs. 15,300/- per Metric Tonne ('PMT') in State of Assam, it charges only Rs. 11,000/- PMT in State of West Bengal. Full Article
an Mr. Makarand Anant Mhaskar vs Usv Private Limited & Other on 7 February, 2020 By indiankanoon.org Published On :: Fri, 07 Feb 2020 00:00:00 +0530 2. As stated in the information, the Informant is a pharmaceutical wholesaler who had placed an order for purchase of drugs from USV on 31.07.2019. Kundan vide its letter dated 06.08.2019, confirmed receipt of the said order of the Informant along with documents and demand draft. 3. The Informant alleged that USV imposed the following unfair conditions on the Informant: Collection of goods from Pune C&F agent (Kundan), which is 360 km away from the Informant's location. The Informant is not entitled to return any product purchased from USV for any reason whatsoever including those on account of expiry or damage. Advance payment to be paid every time. The Informant cannot purchase the products of USV from any other C&F agent. Full Article
an Cp Cell, Directorate General ... vs M/S Hp State Handicraft & Handloom ... on 21 February, 2020 By indiankanoon.org Published On :: Fri, 21 Feb 2020 00:00:00 +0530 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. Full Article
an In Re: Cartelisation In The Supply ... vs Bridgestone Corporation, Japan & ... on 26 February, 2020 By indiankanoon.org Published On :: Wed, 26 Feb 2020 00:00:00 +0530 1. The present case pertains to alleged cartelisation amongst certain parties in relation to Requests for Quotations ('RFQs') issued by certain Automobile Original Equipment Manufacturers ('OEMs') for supply of (i) Anti-Vibration Rubber Products ('AVR Products'); and (ii) Automotive Hoses (Water and Fuel) ('Hoses'). Suo Motu Case No. 01 of 2016 1 PUBLIC VERSION 2. The case commenced upon receipt of certain information under the provisions of Section 46 of the Competition Act, 2002 (the 'Act') read with the Competition Commission of India (Lesser Penalty) Regulations, 2009 (the 'LPR') which disclosed that two or more of the following companies had exchanged information and/ or reached agreements amongst themselves, as to who would supply AVR Products and Hoses in response to the RFQs issued by certain Automobile OEMs: Full Article
an Xyz vs Association Of Man Made Fibre ... on 16 March, 2020 By indiankanoon.org Published On :: Mon, 16 Mar 2020 00:00:00 +0530 2. It was stated that OP-1 is an association of man-made fibre manufacturers in India; OP-2 is the largest producer and seller of Viscose Staple Fibre (VSF) in India; OP-3 is a company registered in Thailand and promoted by OP-2; and OP-4 is a company belonging to the Aditya Birla Group operating in Indonesia and engaged in the business of manufacturing, selling and exporting VSF to customers located in the US, Europe, Turkey, Japan, Korea, China and other countries in both textile and non-woven segments. 3. The Informant alleged that OP-2 is the sole producer of VSF having a market share of almost 100% in India and it is misusing its sole position in the domestic market to squeeze the textile industry consumers. With regard to OP-3 and OP-4, it was alleged that OP-2 imports and markets its products and Case No. 62 of 2016 2 Public Version OP-3, operating from Thailand and OP-4, operating from Indonesia, have joined hands to exploit the Indian market. Full Article
an Jeevan Singh vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : For Respondent(s) : Mr. S.K. Bhati, PP HON'BLE MR. JUSTICE ARUN BHANSALI Order 08/05/2020 Learned counsel for the applicant did not login. The Public Prosecutor was heard through video conferencing. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 06/2020, Police Station Sangaria, District - Hanumangarh for the offence under Section 8/22 of the NDPS Act. Full Article
an Sunil Jat vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 .. S.B. Criminal Misc. Bail Application No. 4048/2020. Sunil Jat S/o Shri Suwa Jat, aged about 29 years, resident of Bholi, Tehsil and District Bhilwara, Police Station Mangrop, District Bhilwara. ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Neeraj Kumar Gurjar (through video calling). For Respondent(s) : Mr. Anil Joshi, PP (through video calling). HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 08/05/2020 As per advisory, with regard to serious pandemic and infection of Novel Corona Virus (COVID-19), issued by the World Health Organisation (WHO), Rajasthan High Court, Central Government and the State Government for effective control over spread of COVID-19, none present in-person on behalf of the parties. Full Article
an Mahrilal vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 .. S.B. Criminal Misc. Bail Application No. 4047/2020. Mahrilal S/o Mohan B/c Joshi Age 55 Years R/o Uttarvada Police Station Badisadri, District Chittorgarh. ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Shreekant Verma (through video calling). For Respondent(s) : Mr. Anil Joshi, PP (through video calling). HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 08/05/2020 As per advisory, with regard to serious pandemic and infection of Novel Corona Virus (COVID-19), issued by the World Health Organisation (WHO), Rajasthan High Court, Central Government and the State Government for effective control over spread of COVID-19, none present in-person on behalf of the parties. Full Article
an Bharat @ Bhaku @ Balakram vs State Of Rajasthan-State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan-State, Through Pp ----Respondent For Petitioner(s) : None present. For Respondent(s) : None present. HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Defect pointed out by the office is overruled. Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 185/2019, Police Station Siwana, District Barmer for the offences under Sections 8/15 of the N.D.P.S. Act. Full Article
an Manohar Singh vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). Heard learned counsel for the petitioner and learned Public Prosecutor through Jitsi Meet Application. Full Article
an Anil Kumar @ Vijay vs State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State, Through P.p. ----Respondent For Petitioner(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). Heard learned counsel for the petitioner and learned Public Prosecutor through Jitsi Meet Application. The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 283/2019, Police Station Surajpol, District Udaipur for the offence under Section 457, 380 IPC. Full Article
an Vimal Kumar vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). Heard learned counsel for the petitioner and learned Public Prosecutor through Jitsi Meet Application. Full Article
an Nathu Khan vs State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ---Petitioner Versus State, Through P.P ----Respondent For Petitioner(s) : Mr. Pankaj Gupta, through video call For Respondent(s) : Mr. Anil Joshi-PP, through video call HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 08/05/2020 As per advisory, with regard to serious pandemic and infection of Novel Corona Virus (COVID-19), issued by the World Health Organisation (WHO), Rajasthan High Court, Central Government and the State Government for effective control over spread of COVID-19, none present in-person on behalf of the parties. Full Article
an Ganesh Lal Joshi vs State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 S.B. Criminal Miscellaneous Bail Application No. 3665/2020 1. Ganesh Lal Joshi S/o Late Shri Mithu Lal Joshi, Aged About 23 Years, By Caste Jain, R/o Sadar Bazar, Chikarda, Tehsil Dungla, District Chittorgarh. 2. Imak Lal Sain S/o Shri Devi Lal Sain, Aged About 30 Years, R/o Bus Stand Chikarda, Tehsil Dungla, District Chittorgarh. ----Petitioners Versus State, Through P.p. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3666/2020 Full Article
an Udailal @ Uda vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus 1. State Of Rajasthan, Through Secretary of Home Department Jaipur (Raj.) 2. The District Collector, Udaipur 3. The Superintendent, Central Jail, Udaipur ----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati through Video Conferencing For Respondent(s) : Mr.Abhishek Purohit for Mr.Farzand Ali, GA cum AAG through Video Conferencing HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 08/05/2020 This application is filed by the petitioner seeking directions to the respondents for extension of period of first parole granted to him pursuant to order dated 24.4.2020 passed by this Court. Full Article
an Okar Singh @ Ukar Singh vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 (Presently lodged at District Jail, Merta). ----Appellant Versus State of Rajasthan ----Respondent For Appellant(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). The instant appeal has been filed under Section 14A(2) of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 10/2020, Police Station Mulasar, District Nagour for the offences under Sections 376, 384 & 379 of I.P.C. and Section 3(1) (1)(I), 3(1)(W)(II) & 3(2)(V) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 30.04.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Merta whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected. (Downloaded on 08/05/2020 at 08:28:02 PM) Full Article
an Haneef Khan vs State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State, Through P.p. ----Respondent For Petitioner(s) : Mr. J.R. Choudhary Senior Advocate assisted by Mr. Pradeep Choudhary For Respondent(s) : Mr. S.K. Bhati, PP HON'BLE MR. JUSTICE ARUN BHANSALI Order 08/05/2020 Learned counsel for the applicant and learned Public Prosecutor were heard through video conferencing. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 336/2019, Police Station Gharsana (Sri Ganganagar) for the offence under Section 8/21 of the NDPS Act. Full Article
an Shambhu Lal vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus 1. State Of Rajasthan, Through Secretary Of Home Department Jaipur (Raj.) 2. The District Collector, Udaipur 3. The Superintendent, Central Jail, Udaipur ----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati through Video Conferencing For Respondent(s) : Mr.Abhishek Purohit for Mr.Farzand Ali, GA cum AAG through Video Conferencing HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 08/05/2020 This application is filed by the petitioner seeking directions to the respondents for extension of period of first parole granted to him pursuant to order dated 24.4.2020 passed by this Court. Full Article
an Gurav Chauhan @ Goru vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. Gurav Chauhan @ Goru S/o Rakesh Chauhan, aged about 20 years, Resident of Ward No. 25, Suratgarh, Police Station Suratgarh, District Sri Ganganagar 2. Jitendra Singh @ Jeetu S/o Umaid Singh, aged about 22 years, Resident of Ward No. 9, Near Baba Ramdev Temple, Suratgarh, Police Station Suratgarh, District Sri Ganganagar. (Presently lodged at District Jail, Sri Ganganagar) ----Appellants Versus State of Rajasthan ----Respondent For Appellant(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are abstaining from work in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). Full Article
an Subash Chandra vs State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. Subash Chandra S/o Ramgopal, Aged About 34 Years, By Caste Jat, R/o Dhani Ratanpura Bypass, Village Chotala, P.s. Sadar Dabawali, District Sirsa. (Presently Lodged At Sub Jail Sanghariya, District Hanumangarh). 2. Manpreet Singh @ Mana S/o Jasveer Singh, Aged About 19 Years, By Caste Jat Sikh, R/o Sanghariya, District Hanumangarh. (Presently Lodged At Sub Jail Sanghariya, District Hanumangarh). ----Petitioners Versus State, Through P.p. ----Respondent For Petitioner(s) : For Respondent(s) : Mr. S.K. Bhati, PP Full Article
an Gautam Lal vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus 1. State Of Rajasthan, Through Secretary Of Home Department Jaipur (Raj.). 2. The District Collector, Jodhpur. 3. The Superintendent, Central Jail Jodhpur. ----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati through Video Conferencing For Respondent(s) : Mr.Abhishek Purohit for Mr.Farzand Ali, GA cum AAG through Video Conferencing HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 08/05/2020 This application is filed by the petitioner seeking directions to the respondents for extension of period of first parole granted to him pursuant to order dated 24.4.2020 passed by this Court. Full Article
an Virendra Kumar vs Vijay Kumar And Others on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant, being aggrieved by the judgment and order dated 21.9.2010 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court no.7, Mathura in Motor Accident Claim Petition No.239 of 2008 (Virendra Kumar vs. Vijay Kumar and others) awarding a sum of Rs.62,866/- for the expenses incurred towards medicines and treatment of the injuries sustained by the appellant in a motor accident, alongwith 6% interest from the date of filing of the claim petition till the date of payment of compensation. 3. The claimant aged 45 years filed MAC No.239 of 2008 against the driver & owner of the vehicle and the insurance company before the Motor Accident Claims Tribunal/Additional District Judge, Court No.7, Mathura claiming a compensation of Rs.10,00,000/- along with 12% interest in respect of the injuries suffered by him in the motor accident alleged to have occurred on 17.2.2008 around 12.30 p.m. Full Article
an Court On Its Own Motion vs Govt Of Nct Of Delhi & Anr on 9 May, 2020 By indiankanoon.org Published On :: Sat, 09 May 2020 00:00:00 +0530 This Suo-Moto Writ Petition has been taken up pursuant to a note dated 07.05.2020 of Registrar General, which was put up before Hon'ble the Chief Justice on 08.05.2020 and as directed, the same has been listed before this Division Bench today. We have perused the file and have heard Mr. Rahul Mehra, Ld. Standing Counsel (Criminal) for Government of NCT of Delhi and Mr. Sandeep Goel, Director General (Prisons). It has been noticed that for effective implementation of the directions issued by Hon'ble Supreme Court of India in Suo Moto Petition (Civil) W.P. (C) 3080/2020 Page 1 of 3 No.1/2020-In Re: Contagion of COVID-19 Virus in Prisons vide its orders dated 23.03.2020 and 13.04.2020, a High Power Committee (HPC) was constituted by High Court of Delhi to decongest the Jails to prevent the spread of COVID-19 (Novel Corona Virus) and as per the recommendations of this Committee dated 28.03.2020, 07.04.2020 and 18.04.2020 and on the basis of orders in WP (C) No.2945/2020 titled as "Shobha Gupta & Ors. vs. Union of India & Ors.", 2177 Under Trial Prisoners (UTPs) were released on interim bail for a period of 45 days from the date of their respective release. Full Article
an Hotel Vani vs Assistant Commissioner Of State ... on 30 April, 2020 By indiankanoon.org Published On :: Thu, 30 Apr 2020 00:00:00 +0530 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). Full Article
an C.V.Rajappan vs State Of Kerala on 30 April, 2020 By indiankanoon.org Published On :: Thu, 30 Apr 2020 00:00:00 +0530 While PW1 was doing patrol duty on 3.6.1999, he got reliable information that one Rajappan (the petitioner) was CRL.R.P.NO.5/07 3 indulging in sale of arrack from his house. Thereupon, the patrol party proceeded to the petitioner's house and on searching the house found 13 bottles hidden inside the kitchen, of which 11 bottles were of 1.5 ltrs and 2 bottles of 750 ml capacity. The contents of the bottle were examined by smelling and tasting and was identified to be arrack. The petitioner, who was present in the house was arrested and the contraband seized. From among the 13 bottles, sample was drawn from one bottle of 750 ML capacity. Thereafter the sample bottle as well as the 13 bottles containing the contraband were sealed in the presence of the petitioner and two independent witnesses. The requisite formalities like, filing of occurrence report, production of accused and seized articles along with sample before the jurisdictional Magistrate were complied without delay. Further investigation of the case was conducted by PW 5, who after completion of investigation filed charge sheet against the petitioner for commission of the offence under Section 8(1) of the Abkari Act. Full Article
an Balan vs State Of Kerala on 30 April, 2020 By indiankanoon.org Published On :: Thu, 30 Apr 2020 00:00:00 +0530 2. According to the prosecution case, on 22.09.2004, the Excise Party attached to the Thirurangadi Excise Division had found the accused at a place called Nagaram near the Chiramangalam Thirichilangady Road by about 8.30 p.m, carrying a white jerry can having capacity of 25 litres. The accused was accosted and the contents of the jerry can examined, upon which it was found to contain 'wash' used for manufacturing arrack. Thereupon Crl.A.No.1750 of 2007 3 the accused was arrested, 500 ml of wash drawn as sample and the sample bottle sealed. Thereafter, the balance wash in the jerry can was destroyed by pouring it out. On chemical analysis, the sample was found to contain 2.27% by volume of ethyl alcohol. Full Article