an Suresh Balubhai Solanki vs State Of Gujarat on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 Criminal Misc. Application No.1 of 2020: 1. Rule. Learned APP Mr. Himanshu K. Patel waives service of Rule on behalf of respondent - State. 2. The present application is filed by the applicant seeking extension of temporary bail for a period of 30 days on the ground of his own nasal surgery. The applicant is granted temporary bail by this Court vide order dated 20.04.2020 for a period of 10 days. Page 1 of 2 Downloaded on : Fri May 08 21:42:37 IST 2020 R/CR.MA/5981/2020 ORDER 3. Heard learned advocate for the applicant as well as learned APP for the respondent State and perused the application. Full Article
an Sanjaybhai Ishwarbhai Kahar vs State Of Gujarat on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 [2] Heard learned advocate for the applicant and learned APP for the respondent-State by video conferencing. [3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with C.R.No. 11196027200074 of 2020 registered with Karelibaug Police Station, Vadodara for the offences punishable under Sections 65(A)(E), 98(2) and 81 of the Gujarat Prohibition Act. [4] Learned advocate for the applicant appearing by video conferencing submits that the present applicant has been falsely implicated in the present offence only on the basis of statement of co- accused and the quantum of liquor is valued at Rs.12,000/- only. He further submits that the nature of allegations are such for which Page 1 of 4 Downloaded on : Fri May 08 23:13:13 IST 2020 R/CR.MA/5228/2020 ORDER custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Full Article
an Sanjaysinh Ghanshyamsinh ... vs State Of Gujarat on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Rule. Learned APP waives service of notice of rule on behalf of the respondent State. 3. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants-accused have prayed for anticipatory bail in connection with the FIR being I C. R. No. 11213015200127 registered with Gondal City Police Station for the offence punishable under Sections 420, 406, 465, 467, 471, 120(B) of the Indian Penal Code. 4. Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicants will keep themselves available during the course of investigation, trial also and will not flee from justice. Full Article
an Joebkhan Nadirkhan Sherkhan ... vs State Of Gujarat on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Heard learned advocates appearing for the respective parties. 3. The present petition is directed against order of detention dated 30.12.2019 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(c) of the Act. 4. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of two offences under Sections 379(A)(3) and 114 of the Indian Penal Code by Page 1 of 8 Downloaded on : Fri May 08 22:33:28 IST 2020 C/SCA/1836/2020 ORDER itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order. Full Article
an Piyush @ Degadi Kishanbhai ... vs State Of Gujarat on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Heard learned advocates appearing for the respective parties. 3. The present petition is directed against order of detention dated 28.1.2020 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(c) of the Act. 4. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of two offences Page 1 of 8 Downloaded on : Fri May 08 22:34:26 IST 2020 C/SCA/5912/2020 ORDER under Sections 379(A)(3) of the Indian Penal Code by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order. Full Article
an Gajendrasinh @ Kanusinh @ Gajiyo ... vs State Of Gujarat on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Heard learned advocates appearing for the respective parties. 3. The present petition is directed against order of detention dated 11.12.2019 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(b) of the Act. 4. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of solitary offence under Sections 66-1B, 65-AE, 98(2) and 116-B of the Prohibition Act by itself cannot bring the case of the detenue Page 1 of 8 Downloaded on : Fri May 08 22:34:07 IST 2020 C/SCA/52/2020 ORDER within the purview of definition under section 2(b) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order. Full Article
an Several Indian and Chinese soldiers injured in fresh face-off in Sikkim By www.businessinsider.in Published On :: Sun, 10 May 2020 11:24:01 +0530 Indian and Chinese soldiers were injured during a face-off along the boundary in north Sikkim, sources said.Four Indian soldiers and half a dozen of Chinese troops were injured during the confrontation on Saturday which took place at Naku La sector, ahead of Muguthang, a pass at a height of more than 5,000 metres, the sources added.In total, 150 soldiers were present when the confrontation took place, which was later resolved at the local level.The sources said that temporary and short duration face offs occur as boundaries are not resolved."Incidents of face off article took place. Aggressive behaviour and minor injuries took place from both sides. They were disengaged after dialogue and interaction at local level," they added.Troops resolve such issues mutually as per established protocols.This Full Article
an An American striker produced the MMA win of the year by torturing Tony Ferguson, stopping him in the 5th round at UFC 249 By www.businessinsider.in Published On :: Sun, 10 May 2020 11:33:15 +0530 Justin Gaethje tormented Tony Ferguson at UFC 249 on Saturday.Fighting in front of a reduced UFC production crew and no fans, Gaethje put together the best MMA win of the year so far.Gaethje relied on in-and-out footwork, leg kicks, and striking so accurate and powerful that he brutalized his opponent's thighs and tore his face apart.Gaethje now only has one opponent he wants to wage war against — lightweight champ Khabib Nurmagomedov. "I'm happy to represent the United States of America against Dagestan … Russia's best."Visit Insider's homepage for more stories.Justin Gaethje tortured Tony Ferguson at UFC 249 on Saturday, bringing an abrupt end to one of the most intimidating runs in mixed martial arts.Ferguson had been on a 12-fight winning streak which created one half of a salivating match-up Full Article
an Cricketers will have to live with dangers of COVID-19: Gambhir By www.businessinsider.in Published On :: Sun, 10 May 2020 12:06:51 +0530 New Delhi, May 10 () Former India opener Gautam Gambhir doesn't see major changes in the way cricket is played in the post COVID-19 scenario besides the ban on using saliva on the ball. The International Cricket Council is considering legalisation of the usage of artificial substances to shine the ball instead of saliva."I don't think a lot of rules and regulations will be changed, you can probably have an alternate for the usage of saliva – apart from that I don't think so many changes will happen," Gambhir told Star Sports. "Players and everyone else need to live with this virus; probably they have to get used to it that there is a virus and that it will be around. Players might end up catching it, and you got to live with it." Though social distancing is possible in cricket to a certain Full Article
an Zoa Morani donates blood plasma to help COVID-19 patients By www.businessinsider.in Published On :: Sun, 10 May 2020 12:10:40 +0530 Mumbai, May 10 () Nearly a month after recovering from the coronavirus, actor Zoa Morani says she has donated her blood plasma to do her bit in helping the patients currently suffering from the novel virus.The actor, who was quarantined and kept under medication in April, also urged those who have recovered from COVID-19 to donate their plasma."Donated my blood today for the Plasma therapy trials at Nair hospital. It was fascinating! Always a silver lining I suppose. The team there was so enthusiastic and careful. There was a general physician on standby just incase of emergency and the equipment brand new and safe (sic)," Zoa wrote on Instagram on Saturday.She thanked the doctors for taking care of her and hoped patients benefit from the donation."All #Covid19 recovered people can be a part Full Article
an FM to meet PSU bank chiefs on Monday; to review credit flow By www.businessinsider.in Published On :: Sun, 10 May 2020 12:32:39 +0530 New Delhi, May 10 () Finance Minister Nirmala Sitharaman will hold a review meeting with CEOs of public sector banks (PSBs) on Monday to discuss various issues, including credit offtake, as part of efforts to prop up the economy hit by the COVID-19 crisis. The meeting, to be held via video-conferencing, will also take stock of interest rate transmission to borrowers by banks and progress on moratorium on loan repayments, sources said. The RBI had on March 27 slashed the benchmark interest rate by a massive 75 basis points and also announced a three-month moratorium to be given by banks to provide relief to borrowers whose income has been hit due to the lockdown. Earlier this month, RBI Governor Shaktikanta Das held a meeting with heads of both public and private sector banks to take stock Full Article
an FM Nirmala Sitharaman to meet PSU bank chiefs on May 11 to review credit flow By www.businessinsider.in Published On :: Sun, 10 May 2020 12:44:56 +0530 Finance Minister Nirmala Sitharaman will hold a review meeting with CEOs of public sector banks (PSBs) on Monday to discuss various issues, including credit offtake, as part of efforts to prop up the economy hit by the COVID-19 crisis. The meeting, to be held via video-conferencing, will also take stock of interest rate transmission to borrowers by banks and progress on moratorium on loan repayments, sources said. The RBI had on March 27 slashed the benchmark interest rate by a massive 75 basis points and also announced a three-month moratorium to be given by banks to provide relief to borrowers whose income has been hit due to the lockdown. Earlier this month, RBI Governor Shaktikanta Das held a meeting with heads of both public and private sector banks to take stock of the economic situation Full Article
an Lockdown brings change in buying behaviour, more older people hop onto digital tech: Survey By www.businessinsider.in Published On :: Sun, 10 May 2020 12:58:38 +0530 New Delhi, May 10 () The coronavirus lockdown has brought a sea change in the buying behaviour of many Indians, such as purchasing vegetables and other consumables without asking for prices, far from the old habit of asking 'dhaniya' or 'mirchi' free from vendors, according to a survey by Enormous Brands. The web-based survey, conducted between March 30 and April 22, took feedback from 3,737 respondents in cities including Delhi-NCR, Mumbai, Bengaluru, Chennai, Pune and Ahmedabad. It found that there has also been a sharp increase in adoption of digital technology by older people to join the e-commerce bandwagon for ordering items like milk, grocery and home essentials and paying through wallets and UPI. The study also found that COVID–19 has helped in forming an opinion for pushing the Full Article
an NGOs for disabled facing severe financial crunch as funds get diverted for tackling COVID-19 By www.businessinsider.in Published On :: Sun, 10 May 2020 13:02:38 +0530 By Uzmi Athar New Delhi, May 10 () Several NGOs working in the disability sector are facing severe financial crunch as most of the funds and donations they would earlier get has been diverted towards tackling the COVID-19 crisis.Prashant Verma, general secretary, National Association for the Blind, says he could just pay 65 per cent salary to his employees in the last two months due to financial crunch and if no fresh donations are made he does not have any money to pay his 120 staff members this month."We feel as if we are at the end of the line," he told .Verma said his organisation used to get grants from many companies under Corporate Social Responsibility (CSR) and even from individuals, especially during March as it was the end of the financial year."But this year we didn't get any money. Full Article
an Lockdown: Air India flight brings home 239 Indians from UK By www.businessinsider.in Published On :: Sun, 10 May 2020 13:06:39 +0530 Mumbai, May 10 () An Air India flight landed here from London at 1.30 am on Sunday carrying 239 Indians from the UK who were stranded there due to suspension of commercial passenger air services and the subsequent lockdown, an official statement said. In addition to this, two more repatriation flights -- one each from Singapore and Manila ( Philippines) -- are expected to arrive in Mumbai on Sunday, it said. While the flight from Singapore (AI 343) will be carrying 243 passengers, the Manila-Mumbai flight (AI 387) would bring back 241 Indian nationals from the South East Asian country, as per the statement. "1st flight 2 #Mumbai landed- crew interaction less with the passengers. Protective kit was given 2 all-along with snack n meal kept on the seat beforehand. Next #quarantine. Watch Full Article
an Hilal Ahmad Wagay vs State Of J And K And Anr (Home ... on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 (Dhiraj Singh Thakur) Judge Srinagar: 18.03.2020. "Shameem H." SHAMEEM HAMID MIR 2020.03.24 12:42 I attest to the accuracy and integrity of this document Full Article
an Sajad Hussain Mir vs B.B.Vyas And Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 (Dhiraj Singh Thakur) Judge Srinagar: 18.03.2020. "Shameem H." SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document Full Article
an Abdul Ahad Dar vs State Of J And K And Anr (Home ... on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 (Dhiraj Singh Thakur) Judge Srinagar: 18.03.2020. "Shameem H." SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document Full Article
an Satish Chander And Ors vs Union Of India And Ors. (Home ... on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 (Dhiraj Singh Thakur) Judge Srinagar: 18.03.2020. "Shameem H." SHAMEEM HAMID MIR 2020.03.24 12:42 I attest to the accuracy and integrity of this document Full Article
an Suhail Andleeb Wani vs Union Territory Of J&K And Others on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 List again on 17.04.2020. (Sanjeev Kumar) Judge JAMMU 18.03.2020 Shivalee SHIVALEE KHAJURIA 2020.03.18 16:52 I attest to the accuracy and integrity of this document Full Article
an Showkat Hussain Zargar vs Union Territory Of Jk And Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 Dasti notice is also permitted. List on 23.03.2020. (Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document Full Article
an Muzaffar Ahmad Wani And Others vs Union Territory Of J&K And Others on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 List again on 11.05.2020. Meanwhile, subject to objections from the other side and till next date before the Bench, respondent No. 5 shall indicate to the petitioner the bid which has been received by respondent No. 5 in respect to the e- auction Notice No. DGM/DMO/Spn/310-18 dated 07.02.2020. It is further provided that in case the petitioner has been found to be eligible in all respects and has given the bid higher then respondent No. 4, in that event, respondents shall not proceed further in the matter. (Sanjeev Kumar) Judge JAMMU 18.03.2020 SHIVALEE KHAJURIA 2020.03.18 16:52 Shivalee I attest to the accuracy and integrity of this document Full Article
an Aijaz Ahmad Wani vs Neeta Gupta And Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 List on 01.06.2020. (Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document Full Article
an Zakir Ahmad Peer And Anr vs Qazi Sarwar Ahmad And Anr on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 List on 01.06.2020. (Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document Full Article
an Qazi Mohammad Yaseen vs State Of Jk And Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 By virtue of order dated 29th January, 2020, it was made clear that if the matter was not argued on next date of hearing the interim directions issued would stand vacated. Today yet again Mr. Haqani is not present and a request is made for adjournment. SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document --2-- Request as made is rejected. The interim direction in all the three cases i.e. SWP No.2002/20132, SWP No.844/2012 and SWP No.2151/2011 are vacated. List again on 27th May, 2020. (Dhiraj Singh Thakur) Judge Srinagar: Full Article
an Ghulam Hassan Tantray And Anr vs Union Territory Of Jk And Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 " It is therefore, humbly prayed that a direction may kindly be given to the In Charge Sub District Jail, Kupwara to release the petitioners on bail after perusal of the report certified copy of which is placed on record and C. D file is called and the objections are called from the concerned prosecution agency and the arguments of both sides are heard in this behalf and till the instant bail application is finally decided the petitioners are making out a prima facie case for their release on interim bail and the accused may kindly be granted interim bail till the petition is finally decided as the same has been rules by the Hon'ble Supreme Court and the same prayer is made before this Hon'ble Court." Full Article
an Nazir Ahmad Malik vs Union Territory Of Jk And Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 Learned counsel for the petitioner submits that despite the fact that the petitioner approached initially the Chief Judicial Magistrate, Srinagar, for registration of case against the respondent No. 6, by filing application/complaint under Section 156(3) Cr. PC, but even on the directions of the concerned Magistrate, the Crime Branch has not acted upon the directions. It is further submitted that the petitioner approached the respondent Director School Education, and brought into his notice the fraudulent approach adopted by the respondent No. 6 in fabricating the documents for excluding the role of petitioner as Chairman of the Holy Mission School, Narbal, Budgam, but no action is taken. It is submitted that on failure of the official respondents to take action in tune with the statutory provisions, the petitioner has no option but to approach this Court for seeking the relief as prayed for. Full Article
an Jameela Bano vs Union Territory Of Jk And Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 "6. Having said so, it would be open to the authorities concerned to consider the representation, if any, that is pending before them. However, no mandamus can be issued by this Court for enforcement of the clauses contained in the Transfer Policy for the purpose of enforcement. 02. In the present petition, the petitioner has impugned the order bearing endorsement No. GMS/B/20-1198 dated 12.03.2020, whereby, petitioner has, again, been transferred with immediate effect. 03. Since transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding transferable post has no right to insist that he should be allowed to serve at a particular place for a particular period. Full Article
an Rubina Siddiq vs Union Territory Of Jk And Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 "a). A writ of mandamus commanding upon the respondents more particularly respondent No. 1, to consider and decide the application of petitioner forwarded by respondent No. 2 Director School Education, Kashmir, vide communication No. DSEK/Estt- III/B-Trs/06/2019/Kup/5092 dated 27.08.2019. b) A writ of mandamus, commanding the respondents to consider the case of the petitioner for inter-District transfer in light of the policy in vogue and also in light of the Medical Board recommendations." 03. Since transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding transferable post has no right to insist that he should be allowed to serve at a particular place for a particular period. Full Article
an Shameem Ahmad Ganie vs The Detenu on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 2. The petitioner-detenu has challenged the order of detention on the following grounds: "a) that no compelling reason or circumstance was disclosed in the order or grounds of detention to take the detenu in preventive detention, moreso in view of the fact that as on the date of passing of the aforesaid order of detention, the detenu was already in custody; b) that the detenu has not been provided the material forming basis of the detention order, to make an effective representation against his detention order; Full Article
an Reserved On 06.03.202 vs State Of J&K And Ors on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 Hon'ble Mr. Justice Ali Mohammad Magrey. Whether approved for reporting: YES/No Judgment 1. Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 141/DMB/PSA/2019 dated 30.03.2019, purporting to have been passed by District Magistrate Baramulla, whereunder detenu namely Firdous Ahmad Wani s/o Late Ghulam Mohammad Wani R/o Mohalla Bazar Seri Warpora, Pattan District Baramulla, is under detention. 2. Grounds pleaded in support of prayer are that after having been quashed the earlier detention order no. 66/DMB/PSA/2018 dated 20th August 2018, the detenu was again detained in terms of the detention order impugned in this petition on the so called "dossier" placed before respondent no.2, on the same and similar grounds. It is submitted that his further detention was necessary to prevent him from indulging in activities prejudicial to the maintenance of the security of the State and national law, accordingly while in police custody he was ordered to be detained in preventive custody vide impugned detention order passed by District Magistrate, Baramulla. The earlier detention order was challenged in H.C. Petition No. 239/2018 which was allowed vide judgment dated 11th Dec. 2018, but instead of releasing him from custody, the detaining authority again passed the detention order impugned in the instant petition. During arguments the learned counsel has further elucidated the contents of petition with reference to annexures placed on record, and contended that neither the detention in question was legal nor were grounds HCP no155/2019 1|Page 2 thereof duly communicated to the detenu even though quite vague and unfounded. Full Article
an Mian Abdul Qayoom vs Union Territory Of Jk And Others on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 Permission is granted and the objections as also the report submitted by Mr T. M. Shamsi, ASGI, is taken on record. Perusal of the communication supra reveals that the detenue, on reference to Medical Superintendent of AIIMS Hospital on 3rd March, 2020, for medical examination, has been informed about constitution of Medical Board in terms of letter No. M.22- 9/Medical Board/ 2020-ESTT (H) dated 13.03.2020. The Medical Superintendent has, however, reported that at present the general condition and vitals of the inmate are stable and satisfactory. The communication further reveals that the detenue will be sent to the Medical Board as and when called by it. Let Mr B. A. Dar, learned Sr. AAG, keep the detention records available on the next date of hearing. Full Article
an Reserved On March 19Th 202 vs State Of J&K And Ors on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 Hon'ble Mr. Justice Ali Mohammad Magrey. Whether approved for reporting: YES/No Judgment Through the instant petition, petitioner father of detenu seeks quashment of detention order bearing no. DMS/PSA/81/2019 dated 16.08.2019, passed by District Magistrate Srinagar, whereby the detenu namely Tufail Ahmad Zaldar S/o Mohammad Shafi Zaldar R/o Ranger Stop Zaldar Mohalla, Saidakadal, Srinagar, is under detention. 2. In the dossier it is alleged that the detenu is involved in anti- national activities, disturbing the public tranquility and peace in the area of Saidakadal and its adjacent areas. It is submitted that the detenu was found indulging in disturvbing the maintenance of public order by way of resorting to stone pelting. It is submitted that the detenu is a constant threat to the security of the State. It is submitted that the detenu was arrested in cases FIR no. 70/2019 u/s 307, 147 RPC and FIR 47/2019 u/s 147, 148, 336 RPC registered at Police Station Nigeen. Therefore, on these allegations he was slapped under Public Safety Act, 1978. Full Article
an Badri Sah @ Badri Saw @ Badri Nayak vs The State Of Jharkhand on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 --------- For the Appellants : Mr. Vijay Kumar Roy, Advocate. For the State : Mr. Praveen Kumar Appu, A.P.P. --------- 04/Dated: 06/05/2020 Heard, learned counsel for the appellants Mr. Vijay Kumar Roy and learned counsel for the State Mr. Praveen Kumar Appu, Additional Public Prosecutor. At the very outset, learned counsel for the appellants has submitted that he may be permitted to make necessary correction in application regarding the provision of law. Permission is granted. Learned counsel for the appellants is directed to make necessary correction within 30 days after the lock down period is over as the country is passing through pandemic disease (COVID- Full Article
an Seth Choubey @ Ravi Shankar ... vs The State Of Jharkhand on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 --------- For the Appellant : Mr. Manoj Kumar Choubey, Advocate. For the State : Mr. Rakesh Ranjan, A.P.P. --------- 04/Dated: 06/05/2020 The appeal has been filed under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per Act, prayer for bail of the accused is to be considered under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in appeal under Section 14A of the Act. From perusal of record, it appears that earlier this appellant has moved before this Court in Cr. Appeal (S.J.) No. 917 of 2019, which was dismissed as withdrawn by Coordinate Bench of this Court (Anubha Rawat Choudhary, J.) on 16.10.2019. Subsequently, the appellant has preferred the present appeal, which is instituted as Cr. Appeal (S.J.) No. 147 of 2020 on the ground that the appellant is in custody since his surrender on 20.06.2019 and co-accused has been enlarged on bail by the police during investigation of the case. Full Article
an Bina Devi vs The State Of Jharkhand on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 2. Kanthi Choudhary ...Opp. Parties CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : - Mr. Vijay Kumar Roy, Advocate For the State :- Mr. Pankaj Kumar, A.P.P. 06/06.05.2020 The present revision petition is taken up through Audio/Video conferencing. Heard learned counsel for the petitioner as well as the learned A.P.P. appearing on behalf of the State of Jharkhand (opposite party no.1). Admit. Issue notice to the opposite party no. 2. Full Article
an Upendra Kumar Singh vs The State Of Jharkhand on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 2. Chitranjan Kumar Singh ...Opp. Parties CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : - Mr. Manish Kumar, Advocate For the State :- Mrs. Laxmi Murmu, A.P.P. 06/06.05.2020 The present revision petition is taken up through Audio/Video conferencing. Heard learned counsel for the petitioner as well as the learned A.P.P. appearing on behalf of the State of Jharkhand (opposite party no.1). Admit. Issue notice to the opposite party no. 2. Full Article
an Assay Ceramics & Chemicals Pvt. ... vs The State Of Jharkhand Through The ... on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 2. Learned counsel for the petitioner undertakes to file the court fee as soon as the judicial work in the High Court gets normal after end of the lockdown prevailing due to Corona (Covid-19) pandemic. 3. The present writ petition has been preferred by the petitioner for quashing and setting aside the notice dated 17.04.2020 issued by the District Certificate Officer, Seraikella-Kharsawan (the respondent no.5) whereby the Director of the petitioner-company has been directed to show cause as to why he should not be committed to civil prison for not depositing the certificate amount. Further prayer has been made for quashing and setting aside the letter as contained in memo no. 667 dated 16.04.2020 issued by the Deputy Commissioner, Seraikella-Kharsawan (the respondent no. 3) directing the respondent no. 5 to immediately issue warrant of arrest against the Director of the petitioner-company and to take steps for attachment of its property. The petitioner has also prayed for setting aside the final order if any passed under Section 10 of the Bihar & Orissa Public Demand Recovery Act, 1914 (in short "the Act, 1914") and to restrain the respondent authorities from taking any precipitate action against the petitioner including suspension of its agreement for milling of rice. Learned counsel for the petitioner, in course of argument has also prayed for an interim protection from any action to be taken by the respondent authorities pursuant to the impugned notice dated 17.04.2020. Full Article
an Umesh Choudhary vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 ----- For the Petitioner : Mr. Suraj Singh, Advocate For the State : Mr. Hardeo Prasad Singh, A.P.P. ----- 02/07.05.2020. The bail application of Umesh Choudhary has been moved by Mr. Suraj Singh, learned counsel for the petitioner and opposed by Mr. Hardeo Prasad Singh, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. Mr. Suraj Singh, learned counsel for the petitioner submits that he will remove the defects when the physical appearance in the High Court will start. Full Article
an Lalu Kumar Rana @ Lalu Rana vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 ----- For the Petitioner : Mr. Rahul Ranjan, Advocate For the State : Mr. Ravi Prakash, A.P.P. ----- 02/07.05.2020. The bail application of Lalu Kumar Rana @ Lalu Rana has been moved by Mr. Rahul Ranjan, learned counsel for the petitioner and opposed by Mr. Ravi Prakash, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. In view of the allegations, let the case diary and antecedent report of the petitioner be called for from the court concerned. Full Article
an Jatin Kumar Manjhi @ Jatin Manjhi vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 ----- For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mr. Arun Kumar Pandey, A.P.P. ----- 02/07.05.2020. The bail application of Jatin Kumar Manjhi @ Jatin Manjhi has been moved by Mr. Rohan Mazumdar, learned counsel for the petitioner and opposed by Mr. Arun Kumar Pandey, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. Full Article
an Renu Devi & Ors vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 --------- For the Petitioners : Ms. Shamma Parveen, Advocate For the State : Ms. Lily Sahay, A.P.P. --------- th 02/Dated: 07 May, 2020 1. The petitioners have been made accused for the offence registered under Sections 370/ 366A of the Indian Penal Code. 2. Learned counsel for the petitioners is present. 3. Learned A.P.P., submits that case diary is required to assist this Court in the matter, hence prays for time to procure the case diary. 4. Heard. On prayer of learned A.P.P, office to list this case on 08.06.2020. Full Article
an Deepak Mahto vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 --------- For the Petitioners : Mr. Birju Thakur, Advocate For the State : Mr. P. K. Jaiswal, A.P.P. --------- 02/Dated: 07th May, 2020 1. The petitioners have been made accused for the offence registered under Sections 323, 354(A), 354(B), 376, 511 and 34 of the Indian Penal Code. 2. Having heard learned counsel for the petitioners and learned A.PP and on perusal of the deposition of the victim, i.e., P.W. - 1, at Annexure - 2, it appears that during the trial, the victim has deposed that accused Bajrang along with three other accused had caught hold of her and she has identified Bajranj but has not identified the petitioners. In cross- examination she has categorically stated that the petitioners were not present at the time of occurrence. Full Article
an Arvind Nayak @ Arbind Nayak vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 --------- For the Appellant : Mr. Gaurav, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. --------- th 05/Dated: 07 May, 2020 1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail, to the petitioner, during the pendency of the appeal. 2. The petitioner/ appellant has been convicted for the offence under Sections 25(1-A)/35, 26(2)/35 of the Arms Act and Section 17(2) of Criminal Law Amendment Act by the court of learned Additional Sessions Judge - I, Simdega, in Sessions Trial No.131 of 2017. Full Article
an Ranjit Kumar Sharma vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 --------- For the Petitioner : Mr. Suraj Singh, Advocate For the State : Mr. P. K. Jaiswal, A.P.P. --------- th 06/Dated: 07 May, 2020 1. Learned counsel for the petitioner submits that he shall file the requisites of notice under registered cover with A/D as well as under ordinary process, to be served upon O.P. No.02, at the earliest. 2. On prayer of learned counsel for the petitioner, office to list this case on 09.06.2020. (AMITAV K. GUPTA, J.) Chandan/- Full Article
an Pashupati Mahato vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 2. Manoj Mahato @ Manoj Kr. Mahato 3. Mantu Mahato @ Mantu Lal Mahato 4. Kirtichand Mahato @ Kiriti Bhushan Mahato 5. Nem Chand Mahato 6. Gopal Mahato --- --- Petitioners Versus The State of Jharkhand --- --- Opposite Party --- CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing --- For the Petitioners : Mr. Rakesh Kumar, Advocate For the State : Mr. Shiv Kumar Sharma, A.P.P. Full Article
an Tanvir Ahmad @ Sonu vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 Learned counsel for the petitioner submits that the name of the petitioner and his alias name in the body of the petition tallies with his name in the complaint petition, Aadhar Card, impugned order and also in the body of vakalatnama except where petitioner has inscribed his signature. Therefore, the same may be ignored. In view of the submission made, let the instant defect be ignored. Learned counsel for the petitioner, in present circumstances, undertakes to remove the remaining defect no. 9(ii) and (iii) regarding filing of certain pages within a week. Defect no. 9(v) is ignored as according to the learned counsel for the petitioner, last page of the restoration application is not of much relevance. Defect no. 9 (iv) is also ignored. Full Article
an Sanjay Kumar vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 Learned counsel for the petitioner prays that defect no. 9 (ii) and (iv) which relates to page no. 19 of the petition may be ignored as page is otherwise legible and complete except the last line which is not of much significance. Accordingly, defect no. 9 (ii) and (iv) is ignored. So far defect no. 9(iii) is concerned which relates to non-filing of duly certified typed copy of handwritten pages at Annexure-2 & 3, in view of the submission made by learned counsel for the petitioner, it is also ignored. 2. Petitioner is an accused in connection with C.P. Case No. 96/2019 for the offences registered under sections 498(A) and 323 of the Indian Penal Code, pending in the Court of Miss Babita Mittal, learned Judicial Magistrate, 1st Class, Bokaro. Full Article
an Md. Shamim @ Sotti vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 ----- For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mr. Gouri Shankar Prasad, A.P.P. ----- 02/07.05.2020. The bail application of Md. Shamim @ Sotti in connection with Jharia P.S. Case No. 499 of 2014, corresponding to G.R. No. 4917 of 2014 registered for the offences under Sections 25(1)(A)(B)(C) of the Arms Act, has been moved by Mr. Rohan Mazumdar, learned counsel for the petitioner and opposed by Mr. Gouri Shankar Prasad, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. Full Article
an Gulli Mandal @ Gurudeo Mandal vs The State Of Jharkhand on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 ----- For the Petitioner : Mr. Kaushal Kishor Mishra, Advocate For the State : Mr. Ravi Prakash, A.P.P. ----- 02/07.05.2020. The bail application of Gulli Mandal @ Gurudeo Mandal in connection with Cyber P.S. Case No. 08 of 2018 registered for the offences under Sections 419/420/467/468/471/120(B) of the Indian Penal Code and Sections 66(C) and 66(D) of the Information Technology Act, has been moved by Mr. Kaushal Kishor Mishra, learned counsel for the petitioner and opposed by Mr. Ravi Prakash, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. Full Article