anr 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
anr 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
anr Subhra Mukhopadhyay And Anr vs Union Of India & Ors on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 In such view of the matter, a strong prima facie case has been made out by the petitioners as to the fixation of dates and time for the general election being mala fide on the part of the respondent no. 4 authorities. The balance of convenience and inconvenience in favour of granting such injunction, since if the election is held and a newly elected body assumes power, the writ petition would be infructuous; on the other hand, in the event the writ petition fails, another date can be fixed for such election, if necessary upon imposition of compensatory costs being awarded against the petitioners. Although there is a notification of this Court requesting Judges not to take up matters for hearing in the absence of all the parties, since sufficient notice 3 has been given to the respondents and in view of the extreme urgency involved in the matter, the matter is taken up for hearing. Full Article
anr Banashree Neogi & Anr vs Soma Ghosh & Ors on 8 April, 2020 By indiankanoon.org Published On :: Wed, 08 Apr 2020 00:00:00 +0530 (Through Video Conference) Ms. Banashree Neogi (in person) ...plaintiff no.1 Mr. Megnath Datta, Adv. ...for added defendant no.3 The Court : The plaintiff no.1 appears in person on video conferencing. The added defendant no.3 is represented by Mr. Megnath Datta, Advocate via video conferencing. It is the allegation of the appearing plaintiff that the principal property involved in this partition and administration suit is under serious threat and trespassers are seeking to enter upon the same. Such position is denied on behalf of the appearing defendant. 2 Full Article
anr Pashupati Roy & Anr vs Debanath Dey on 16 April, 2020 By indiankanoon.org Published On :: Thu, 16 Apr 2020 00:00:00 +0530 To the mind of this Court, the Bank is only to perform a ministerial task subject to directions in the application. To the further mind of this Court, it would be appropriate that the Intending Purchaser who also stands to be affected qua its liquidify position arising out of the present crisis be given the opportunity to ventilate views before the Hon'ble Court as early as possible. On the other hand, the present crisis also affects the functioning of the Free School which is claimed to be surviving on the interest earned out of the said Fixed Deposits paid by the Intending Purchaser, as well as the ability of the Trustees to quickly find a new purchaser. Therefore, having regard to the interests of all under the present conditions of a pandemic as well as the balance of convenience, it is directed for the present that the Intending Purchaser shall not insist on the Refund of the Fixed Deposits/Consideration Money till normalcy returns. The Intending Purchaser shall, on the return of normalcy, write to the Learned Receiver invoking the Refund. On receipt of such 4 communication the Learned Receiver shall take apropo steps, including seeking a time limit from the appropriate Court. Full Article
anr Banashree Neogi & Anr vs Soma Ghosh & Ors on 16 April, 2020 By indiankanoon.org Published On :: Thu, 16 Apr 2020 00:00:00 +0530 That another co-owner namely Soma Ghosh resides in the 1st floor South East corner of the said premises. It is come off from the said suit premises that there have three tenants residing since long. One namely Prabir Paul (55) S/o- Late Ajay Paul resides in Ground floor North-West side of the premises. Tenant Krishna Dhar (73) W/o- Late Debabrata Dhar residing south portion of the said premises and Shambhu Das & his brother Alok Das are residing at the front portion 2nd floor of the said building as tenants since long. In course of present enquiry at the scheduled property i.e. 13, Kaliprosad Chakraborty Street, Kol-03 nothing unusual was found in respect of possessions, occupied by the co-owners and the tenants. Full Article
anr Banashree Neogi & Anr vs Soma Ghosh & Ors on 21 April, 2020 By indiankanoon.org Published On :: Tue, 21 Apr 2020 00:00:00 +0530 (Through Video Conference) Appearance: Ms. Banashree Neogi (in person). Mr. Meghnad Dutta , Adv. Mr. Arindam Paul , Adv. ... for the added defendant no.3 Mr. D. K. Chandra, Adv. ... for defendant nos.3(i) & 3(ii). The Court: It appears that by the order dated April 16, 2020, the parties were directed to file their respective affidavit in the application filed by the plaintiffs. The said order also records that in view of the subsisting interim order, the petitioners' interest in respect of the suit property is already protected. There was no direction that the application would be appearing before this Court today. This is also not disputed by the parties. Full Article
anr Shyam Steel Industries Limited vs Shyam Sel And Power Limited & Anr on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 Apr 2020 00:00:00 +0530 2 The application has been filed on the ground of urgency that the special leave petition filed in the Supreme Court cannot be taken up immediately. In view of the present situation, the time to comply with the order passed by the Trial Court is extended till June 30, 2020. However, this order will not be a charter for the applicant to continue manufacturing its products. Indeed, it is submitted on behalf of the applicant that no manufacturing activity is being undertaken in the present situation. G. A. 804 of 2020 is disposed of without prejudice to the rights and contentions of the parties thereto. Full Article
anr Patal Paul And Anr vs Keshor Singh Barman And 4 Ors on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. None entered appearance on behalf of the petitioners. Further service report on the respondent Nos. 2 to 5 is yet to be received by the Registry. Accordingly, list after three weeks on a date to be fixed by the Registry. JUDGE Comparing Assistant Full Article
anr Junmani Barman And Anr vs The State Of Assam on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 JUDGE Comparing Assistant Full Article
anr Karim Ali Mondal And Anr vs The State Of Assam on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Page No.# 2/3 Presiding Judge. 3. Learned counsel for the applicant did not appear on 14.03.2020, 16.03.2020 and today again. This application has been pending since 02.03.2020. Learned counsel for the applicant has not been appearing consistently. I find no justifiable reason to adjourn the matter for any longer period. In any case the application is being disposed of considering the statutory provisions of Indian Penal Code and the Indian Evidence Act. Full Article
anr Micromax Informatics Ltd. vs Union Of India & Anr. on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 1. All the four writ petitions seek identical relief in the nature of a writ of Mandamus directing the respondents to permit the petitioners to avail input tax credit of the accumulated CENVAT credit as of 30th June, 2017 by filing declaration Form TRAN-1 beyond the period provided under the Central Goods and Services Tax Rules, 2017 (hereinafter, the "CGST Rules"). Additionally, petitioners also assail Rule 117 of the CGST Rules on the ground that it is arbitrary, unconstitutional and violative of Article 14 to the extent it imposes a time limit for carrying forward the CENVAT credit to the GST regime. However, all the petitioners have unanimously stated that if the Court were to give directions to the respondents to permit them to file the statutory Form TRAN-1 to avail the input tax credit, they would be satisfied and not press for the relief of challenging the vires of the provisions of the Act. Full Article
anr Sunder Kumar & Ors vs State & Anr on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 2. This writ petition, preferred under Section 482 of the Code of Criminal Procedure, 1973 read with Article 226 of the Constitution of W.P. (Crl.) 787/2020 Page 1 of 8 India, seeks quashing of FIR 319/2020, dated 20th April, 2020, registered against the petitioners at PS Moti Nagar. The FIR alleges that the petitioners have committed offences under Sections 188/269/186/353/332/506 read with Section 34 IPC. 3. The recital of the facts in the FIR may be summarized thus. At 5 PM on 20th April, 2020, one Rahul (Petitioner No.2 herein), who was known to the complainant Head Constable (HC) Rishi Kumar, and was a "bad character" of the area, was seen loitering in the area without wearing a mask, in violation of the Compliance Advisory issued by the Central Government in the wake of the COVID-19 pandemic. On the complainant intercepting Rahul and querying him in that regard, Rahul retorted that the complainant had no right to stop him from walking in the area without a mask. On the complainant attempting to control Rahul, with the assistance of Const. Pravin, Rahul caught hold of the collar of the shirt being worn by the complainant and tore the shirt. Rahul is also alleged to have assaulted Constable Pravin, by kicking him. During the melee, Rahul's brother Sundar (Petitioner No.1 herein) arrived at the spot, and joined Rahul in assaulting the complainant, by administering kicks and blows. It is further alleged that they also bit the complainant on his wrist, resulting in his bleeding profusely. Thereafter, it is stated that Rahul and Sunder were taken into custody and FIR was lodged as noted above. Full Article
anr Meena Kapoor vs Ayushi Rawal & Anr. on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 2. It is the case of the plaintiff that on 5 th November, 2016, defendant No. 1 went to her parents' place along with her belongings and valuables and despite the best efforts of the plaintiff and her husband to try to settle the disputes between the defendant No. 1 and defendant No. 2 to save their marriage, due to adamant behaviour of defendant No. 1, no result was forthcoming. Defendant No. 2 thus filed the divorce petition on the ground of fraud and cruelty against defendant No. 1 which proceedings are pending before the Family Courts, Rohini. Since defendant No. 2 is also not residing in the suit property and has filed the divorce petition, defendant No. 1 has no right to come to the suit property. The suit premises is neither the matrimonial home of the defendant No. 1 nor a shared household. Full Article
anr Weatherford Oil Tool Middle East ... vs Vedanta Limited & Anr. on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. The hearing was conducted through video conferencing. OMP (I) (COMM.) 95 & 96/2020 Page 1 of 4 2. Petitioner, by the present petition, under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the "Arbitration Act"), inter alia seeks a restraint on the respondent from invoking and encashing the performance bank guarantees issued by respondent no. 2 on behalf of the petitioner and further seeks a direction to respondent no. 1 to release the payments due to the petitioner under the relevant contracts. 3. It is submitted that the respondent no. 2 is a Performa party. 4. Several contracts have been executed between petitioner and respondent no. 1 for provision of services, personnel and equipment. The contracts were executed as part of a composite transaction for the performance of services between petitioner and respondent no. 1 and are subject to and governed by Master Services Agreement and Master Supply Agreement. Full Article
anr O.P. Gupta vs Union Of India & Anr. on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. The present public interest litigation under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein. 2. The writ petition has been heard by way of video conferencing. 3. Present public interest litigation has been filed seeking a number of directions. The prayer clause is reproduced hereinbelow:- W.P.(C) 3068/2020 Page 1 of 8 "a) the respondent no.1 (Union of India) be directed to stop respondent no.2 (Govt. of Haryana) from doing all these restriction activities in violation of their orders dated 15.04.2020; Full Article
anr Gurpreet Singh And Anr vs State Of Punjab on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 The learned counsel for the petitioners contends that a perusal of the FIR clearly reveals that no offence under Section 307 IPC is made out against the petitioners. It has been further contended that an inquiry was conducted by the DSP (Major Crime) Moga (Annexure P2) subsequent to the registration of FIR which found the petitioners innocent as they were not present at the spot at the time of the alleged occurrence which lends credence to the factum of petitioners having been falsely implicated in the instant case. It has been thus prayed that the petitioners be granted the concession of regular bail as they have been behind bars since 01.03.2020 coupled with the fact that the injury allegedly attributed to the petitioners was found to be blunt in nature. Full Article
anr Vandana Vasant Deore vs Narendra Atmaram Deore Ana Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 PER COURT : 1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant. 2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:53:02 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear. Full Article
anr Parwati @ Parubai Balu Patil And ... vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 (ii) The applicants to deposit the fine amount in the trial Court within eight weeks from today; SQ Pathan 2/3 ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 06:03:59 ::: LD.VC.OCR.25.20.doc (iii) The applicants shall report to the trial Court once in six months, till the aforesaid appeal is finally heard and decided. 6 The Interim Application is accordingly disposed of. 7 All concerned to act on the copy of this order, digitally signed by the Senior Private Secretary. Full Article
anr Jalinder Murlidhar Naik And Anr vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 (ii) The applicant shall attend the concerned Police Station as and when called; (iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. SQ Pathan 3/4 ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 06:03:51 ::: Apeal.196.20.doc 8 Stand over to 3rd July 2020. 9 All concerned to act on the copy of this order, digitally signed Full Article
anr Sarjerao S/O. Gulabrao Dhamdhere vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. The appellant is apprehending the arrest in Crime No.282 of 2019 registered with Ghargaon Police Station, Sangamner, Dist. Ahmednagar for the offence punishable under Sections 294, 504, 506 of Indian Penal Code and under Sections 3(1)(r)(s), 3(2)(va) of the Atrocities Act. The first information report has been lodged by present respondent No.2. 3. Heard learned Advocate Mr. L. S. Mahajan for appellant, learned APP Mr. P. K. Lakhotia for respondent No.1-State and learned Advocate Mr. S. B. Ghatol Patil for respondent No.2. Perused the affidavit-in-reply along with documents. 4. It has been vehemently submitted on behalf of the appellant that the learned Special Judge failed to consider the enmity between the applicant and the informant. A complaint application has been filed by the present appellant in respect of the property dispute. It was contended that there is a Big house (Wada) of the forefathers of the appellant. It is now in dilapidated condition. There was certain space behind the said Wada. When the family -2- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 ::: 2-Apeal-6-2020.odt of respondent No.2 started levelling the land behind the Wada, it was objected by the appellant so also a written complaint was filed on 08-09- 2015 to the Grampanchayat. However, the Grampanchayat with some political motive had made entries in the name of the family of respondent No.2. Therefore, a complaint application was then made by him to the Collector. The informant got annoyed with the same and, in fact, application under Section 14-G of the Maharashtra Grampanchayat Act was filed by the appellant against the Sarpanch, Deputy Sarpanch and the Gram Sewak of the Grampanchayat. It was stated that all of them together had shown the open space belonging to the appellant in the name of one Maruti Karbhari Mundhe, Suresh Karbhari Mundhe and Pramod Rambhau Mundhe. It is further stated that present respondent No.2 is the near friend of said Mundhe family and by taking advantage of the caste of the informant false complaint has been lodged and those two persons from Mundhe family whose name has been taken in the application before Collector by the appellant are shown to be the eye witnesses to the incident. In fact, these two witnesses by name Mundhe were not even present when the incident had taken place. Therefore, when the FIR is filed with mala fide intention, the learned Special Judge ought not to have considered that there is bar for entertaining pre- arrest bail applications in view of Section 18-A of the Atrocities Act. -3- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 ::: Full Article
anr Sunny Spices Pvt Ltd And Others vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Rule is made returnable forthwith with consent of ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:34:03 ::: (2) Cr.WP 1611/2016 both the parties and matter is taken for fnal hearing at the stage of admission itself. 3. Present petition has been fled by the original accused, invoking the constitutional powers of this Court under Article 227 of Constitution of India and the inherent powers under Section 482 of Code of Criminal Procedure for quashing and setting aside order passed in Criminal Revision Application No. 55 of 2015 dt. 21-09-2016 by learned Sessions Judge, Jalgaon and also to challenge the order passed below Ex.1 in Regular Criminal Case No. 573 of 2006 dt. 26-11-2014 passed by learned Chief Judicial Magistrate, Jalgaon. Full Article
anr Bapusaheb S/O. Laxman Darandale ... vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Present appeal has been filed by original accused under Section 14(A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989 (herein after referred to as the Atrocities Act) with Section 438 of Cr.P.C. in order to challenge the order of rejection of their bail petition No.78/2020 passed by learned Additional Sessions Judge, Aurangabad (Special Court) on 17.1.2020. 3. It has been submitted on behalf of the appellants that they are apprehending arrest at the hands of M.I.D.C., Waluj Police Station in respect of Crime No.12/2020 dated 07.01.2020, on the basis of the First Information Report lodged by the respondent No.2, for the offences punishable under Section 294, 452, 504, 506 read with Section 34 of the Indian Penal Code and under Section 3(1)(w)(i) Full Article
anr Pratik S/O. Rameshwar Kopulwar ... vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Since arguable points are made, the appeals are admitted. 3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:31:54 ::: 3 CriAppeal 114-2000 +1 4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Full Article
anr Arjun S/O. Mohan Rathod And Others vs The State Of Maharashtra And Anr on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Since arguable points are made, the appeals are admitted. 3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:00 ::: 3 CriAppeal 114-2000 +1 4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Full Article
anr Dr. Abdul Gaffar Quadri And Anr vs Munawar Ahmed S/O. Naem Ahmed And ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 3 Present respondent No.1 is the original complainant, who has filed private complaint bearing R.C.C. No.106/2015 before learned Judicial Magistrate First Class, Khultabad, Dist. Aurangabad. It was filed against five persons contending that they have committed offence punishable under Section 467, 468, 469, 409, 420 read with Section 34 of the Indian Penal Code. 4 Brief facts narrated in the complaint are, that the original accused No.3 is the President of institution by name Anjuman Eshat-e-Taleem and accused No.4 is the Secretary. The said institution is registered as Trust under the Maharashtra Public Trust Act. It receives 100% grants from the Government to run college by name Maulana Azad Higher Secondary School at Khultabad. Accused No.1 is serving as Assistant Teacher since 2011 and ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 4 Cri.WP_932_2019+1_Jd prior to that he was serving as Shikshan Sevak in the subject of Phychology and Sociology. Accused No.2 is the Headmistress of the said school since 2008. Original accused No.5 was then Deputy Director of Education. It is contended that when accused No.1 was in service, he has completed the course of M.A. 1st part in Psychology for the academic year of 2008-09 from Vivekanand College, Aurangabad. His attendance on the Transfer Certificate of said college is said to be 75%. Thereafter, for the year 2010-11 he has completed the M.A. 2nd part in Psychology as a regular student of the said college. The college timing is stated to be 4.00 p.m. to 7.00 p.m. and for 2010-11 it is from 12.00 noon to 5.40 p.m.. The Institution record shows that during the said period, he has taken only 8 days Earned Leave. This shows that accused No. 1, in conspiracy with the accused Nos.1 to 4, was only signing the attendance register and taking the salary/honorarium of Rs.9,000/- per month, amounting to Rs.2,00,000/- for two years. It is stated that in the past also there were instances in the said college run by the accused, in respect of payments made towards salary without candidate putting any work. That amount has been recovered by the Government. All those persons had come to this Court, however, those petitions were rejected and criminal proceedings are pending against two of them. The complainant had given a complaint application on 18.01.2012 to the Deputy Director of Education, Aurangabad. He has passed an order on 11.06.2012. It was ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 5 Cri.WP_932_2019+1_Jd directed that the accused No.1 should deposit the entire amount, which he has received towards honorarium with the Government. Further directions were given to take action under Rule 28(5) of Maharashtra Private Schools (Terms of Service) Rules, 1981. It was also stated in the said order that since the accused No.1 has derelicted from duty, inquiry be held and after the report is received then only the further action of continuation in his service would be taken. Therefore, the continuation was not done and as the salary was not given, accused No.1 staged agitation from 09.07.2012 in front of the office of Deputy Director of Education. He was advised on 12.07.2012 to file an appeal and he was then prevented from continuing the agitation. The appeal was filed by him and stay was granted to the order passed. In view of the said stay the accused No.1 was given continuation of service. No opportunity was given to the complainant to put forth his say by the Director of Education when stay was granted. The complainant thereafter filed writ petition before this Court bearing Writ Petition No.6756 of 2012. In that petition the Director of Education was directed to file affidavit. Accordingly, affidavit was filed on 24.04.2013. It was specifically stated that on 17.04.2013 further order has been passed that the stay has been vacated and the order passed by Deputy Director of Education Aurangabad on 11.06.2012 is confirmed. In view of the said contentions in the writ petition, the writ petition came to be rejected. In the meantime, accused No.5 took charge as ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 6 Cri.WP_932_2019+1_Jd Deputy Director of Education, Aurangabad and he gave letter on 24.06.2013, thereby cancelling the confirmation to the service given to accused No.1. Accused Nos.2 to 4 had not taken any steps for inquiry in view of the order dated 11.06.2012. A false report was submitted to the Deputy Director of Education. Accused No.1 has not even deposited the amount of Rs.2,00,000/- which he had taken as honorarium for two years. Yet, after accepting the false report the accused No.5 has continued the services of accused No.1 by letter dated 26.08.2013. It has been submitted that all the accused persons with common intention with each other prepared false report, prepared false attendance register, pay bills and other documents, thereby all of them have cheated the Government as well as the students, and therefore, he says that offence has been committed by all the accused persons. He, therefore, prayed for issuing process and punishing the accused persons. Full Article
anr Kheru Mondal & Anr vs Unknown on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 Apr 2020 00:00:00 +0530 And In the matter of : Kheru Mondal & Anr. ... Petitioners Mr. Subir Debnath .. for the Petitioners Mr. Neguive Ahmed ..for the State The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. Full Article
anr Sonu Singh & Anr vs Unknown on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 Apr 2020 00:00:00 +0530 And In the matter of : Sonu Singh & Anr. ... Petitioners Mr. Arka Chakraborty .. for the Petitioners Mr. Neguive Ahmed ..for the State The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. Full Article
anr Jahirdur Islam @ Jahedur & Anr vs Unknown on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 Apr 2020 00:00:00 +0530 04. 2020 b. CRM No. 3356 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Kushmandi Police Station Case No. 25 of 2020 dated 05.03.2020 registered for investigation into offences punishable under Sections 305/34 of the Indian Penal Code. And In the matter of : Jahirdur Islam @ Jahedur & Anr. ... Petitioners Ms. Jeenia Rudra .. for the petitioners Mr. Swapan Banerjee ..for the State The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. Full Article
anr Tata Power Delhi Distribution ... vs Ntpc Limited & Anr on 28 February, 2020 By indiankanoon.org Published On :: Fri, 28 Feb 2020 00:00:00 +0530 1. The relevant Tariff Regulations - Central Electricity Regulatory Commission (Terms & Conditions of Tariff) Regulations, 2014 (hereinafter referred to as "Tariff Regulations 2014") - in so far as they govern the obligation of the procurer of electricity to pay to the generating company for the supply received do not define or specify the "due date" for such payment. The Regulations do make provision for incentive for timely payment, the rebate admissible being subject to gradual decrease over the period specified also specifying surcharge leviable for late payment. As is the usual practice in the power industry, the Power Purchase Agreements (PPAs) contain stipulation, inter-alia, for Letter of Credit (LC), the terms and conditions settled by the parties indicating the event on which such LC can be encashed. It is the contention of the Appellant (Distribution Licensee - Procurer) that the period specified in the Regulations for rebate to be availed by payment of the bill for supply of electricity should also be treated as the period within which such payment can be legitimately insisted upon, the end of the said period being "due date" prior to which the LC cannot be invoked. The PPA which was entered upon between the parties herein carries a stipulation that the payment of the periodic bill (raised on Appeal No. 26 of 2018 & IA No. 131 of 2018 Page 2 of 24 month-to-month basis) is to be made by the last bank working day of the month in which it is raised, described as the "due date". It is also the contention of the Appellant that this stipulation (as to due date) runs contrary to the Tariff Regulations providing for the incentive (rebate) for timely payment (within 30 days), and the liability for late payment surcharge (LPSC) and, consequently, the PPA will have to be enforced only after being aligned and brought in line with letter and spirit of the Regulations. Full Article
anr 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
anr 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
anr 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
anr 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
anr Mayer 'Mike' Morganroth has been honored as one of America's Most Influential Attorneys by the International Association of Who's Who By www.24-7pressrelease.com Published On :: Thu, 05 Dec 2019 07:00:00 GMT Mayer 'Mike' Morganroth of Birmingham, Michigan is recognized by the International Association of Who's Who as one of America's Most Influential Attorneys. Full Article
anr Genevieve Hanran-Smith By www.abc.net.au Published On :: Fri, 20 Sep 2019 19:25:00 +1000 Full Article ABC South West WA southwestwa Environment:Environmental Impact:All Australia:WA:Busselton 6280
anr IPC, 1860 - Case Law - Section 375 - Tuka Ram and Anr. vs. State of Maharashtra By www.lawyersclubindia.com Published On :: Supreme Court overturned HCâs decision of convicting the men on the grounds that the HC had erred in accepting the argument of âpassive submissionâ as there was no fear or apparent threat. Supreme Court further added that since âno marks of injuryâ were found on Mathuraâs body there was âno resistanceâ on her part and since she did not âraise an alarmâ for help she âconsented to sex.âThe Apex Court acquitted both the accused stating that this alleged intercourse was a âpeaceful affairâ. Full Article
anr ANRPC trims natural rubber estimates, sights green shoots in glove demand By www.financialexpress.com Published On :: 2020-05-08T04:30:00+05:30 In April, the NR consumption forecast for 2020 to 13.016 million tonne which is down 5.1% from the previous year. Full Article Industry
anr East-West Center Welcomes New Diplomat-in-Residence, Nick Manring By feedproxy.google.com Published On :: Tue, 30 Sep 2014 02:41:32 +0000 HONOLULU (Sept. 25, 2014) – – Nicholas Manring, a 20-year veteran of the U.S. Foreign Service, has joined the East-West Center as Diplomat-in-Residence. He will be posted at the Center until June 2015. Full Article
anr Keidanren to suggest four-day workweek to reduce virus infection risk By www.japantimes.co.jp Published On :: Sat, 09 May 2020 22:09:35 +0900 Japan's largest business lobby plans to suggest that member companies introduce a four-day workweek as part of efforts to reduce risks of novel coronavirus infection.A ... Full Article News Keidanren covid-19 covid-19 in Japan
anr Partick Thistle seek legal action as Stranraer slam 'grossly unfair' decision to end Scottish Football League seasons By www.standard.co.uk Published On :: 2020-04-16T06:22:01Z Scottish clubs' decision to conclude the Scottish Professional Football League season has been met by threats of legal action. Full Article
anr Strictly's Janette Manrara reveals exciting baby plans with Aljaz Skorjanec By www.hellomagazine.com Published On :: Sat, 09 May 20 08:54:09 +0000 It seems Janette Marara has baby fever, and it's all thanks to Gorka Marquez and Gemma... Full Article
anr Dhanraj Pillay is impressed with Jemimah Rodrigues' skills By www.mid-day.com Published On :: 14 Apr 2020 02:45:59 GMT Hockey legend Dhanraj Pillay has hailed multi-talented India women's cricket star Jemimah Rodrigues after the teen cricketer recently recalled an interaction with the hockey star during her inter-school sports days. Jemimah, 19, got nostalgic when one of her Twitter followers posted her picture receiving an award from four-time Olympian Dhanraj Pillay during her hockey-playing days in school. "This was my first award ever! Had got the Promising Player Award in an inter-school hockey tournament. Was really special receiving it from Dhanraj Pillay Sir. Was 8 back then," Jemimah replied to the fan. India batswoman Jemimah Rodrigues during an ODI against New Zealand at McLean Park in Napier, NZ last year. Pic/Getty Images Impressive skillsInterestingly, even Pillay remembers the moment. "After presenting her that award, I remember, she continued to do well in hockey. I saw her play at the St Stanislaus and St Andrew's grounds in Bandra. I was very impressed with her skills. It's nice to know that she still remembers me and the award she received," Pillay told mid-day on Monday. Jemimah chose cricket later and excelled in it, but Pillay said she would have been equally good in hockey too. "She is a very talented girl. Going by her hockey skills, I have no doubt that she could have made her mark as an international hockey player too. She has proved that a hockey player can excel in any other sport. Her dedication and hard work have paid off," said the four-time World Cupper. Pillay said residents of Bandra, like Jemimah, are fortunate to have access to various sporting avenues. "There is something about people who live in and around Bandra, which is a prominent sports hub. Former India hockey stars like Joaquim Carvalho, Merwyn Fernandes, MM Somaya, Viren Rasquinha, Marcellus Gomes, John Fernandes…it's a long list of players…all excelled in two or more sports," added Dhanraj, who is the Secretary of the Air India Sports Control Board (Western Region). 'I follow her career'Pillay said he has also invited Jemimah to train at the Air India ground in Kalina. "I follow Jemimah's career whenever I get the time. I watched the women's T20 World Cup [in Australia] on TV last month and also followed the team's South Africa tour and other tournaments she featured in. "Last year, I met her at an awards function at the Air India ground in Kalina and told her that she can use our ground for net practice any time. "Being a sportsperson, I know how difficult it is for players to get grounds to train on in a space-starved city like Mumbai. She has made Mumbai and the country proud with her achievements and I hope she continues to play like this for years to come," Pillay signed off. Catch up on all the latest sports news and updates here. Also download the new mid-day Android and iOS apps to get latest updates. Mid-Day is now on Telegram. Click here to join our channel (@middayinfomedialtd) and stay updated with the latest news Full Article
anr Ishaan Khatter's father Rajesh Khattar introduces his baby boy Vanraj with an adorable post By www.mid-day.com Published On :: 4 May 2020 03:09:00 GMT Everyone in the world needs only and only positivity, faith, hope, and happiness to stay and survive this global pandemic called Coronavirus. People who have access to their phones are watching videos and pictures of Bollywood celebrities and their daily chores. Time to see something different and very adorable. Ishaan Khatter's father and actor Rajesh Khattar has introduced to all of us his baby boy and the newest member of the family, Vanraj. Taking to his Instagram account, he wrote- "Hello Everyone (my first hello to all you wonderful people)Dad says world is going through trying times but this too shall pass & for us children,you all are going to make this world more beautiful than it ever was. We kids believe & thank all of you for this promise #stayhome #staysafe & keep us safe." (sic) Have a look at the post right here: View this post on Instagram Hello Everyone (my first hello to all you wonderful peopleðÂÂÂ)Dad says world is going through trying times but this too shall pass & for us children,you all are going to make this world more beautiful than it ever was. We kids believe & thank all of you for this promise #stayhome #staysafe & keep us safe ð #vanrajkhattar ( #happyanniversary #momdad ,though ur 12th but its a special one as your first with me ðÂÂÂ) A post shared by Rajesh Khattar (@rajesh_khattar) onMay 2, 2020 at 9:01pm PDT Khattar and wife Vandana Sajnani welcomed Vanraj last year in August and he even announced this on his Instagram account, have a look right here: View this post on Instagram Overwhelmed .. thank you for blessing the little one ð Keep the love flowing A post shared by Rajesh Khattar (@rajesh_khattar) onAug 31, 2019 at 9:01am PDT Well, these cute and charming pictures are surely likely to put a smile on your face amid this crisis. So are we all set to witness another social media sensation? Catch up on all the latest entertainment news and gossip here. Also, download the new mid-day Android and iOS apps. Mid-Day is now on Telegram. Click here to join our channel (@middayinfomedialtd) and stay updated with the latest news Full Article
anr Bepannaah’s Harshad Chopda and Shehzad Shaikh are in awe of their reel life father Rajesh Khattar’s son Vanraj By Published On :: Thu, 07 May 2020 15:30:59 GMT Bepannaah is one of the few Indian television serials that have left a mark on its audience. It has been a year and a half since the show went off-air and it still seems to be making rounds in the news. Starring Harshad Chopda, Jennifer Winget, Sehban Azim, Namita Dubey, Rajesh Khattar, Shehzad Shaikh, Anchal Goswami, Parineeta Borthakur and more, this show will always have a special place in its audience’s hearts. The star cast still shares a special bond with each other and make sure to get together whenever possible. Rajesh Khattar, who played Harshwardhan Hooda on the show, has recently had a baby boy named Vanraj. Taking to his Instagram, Rajesh has revealed the first picture of baby Vanraj Khattar and the internet couldn’t stop gushing over the little cutie! He also shared pictures of Harshad Chopda and Shehzad Shaikh meeting Vanraj for the first time. The caption reads, “#throwback Reel one’s awed by Real One ♥️♥️ @harshad_chopda @shehzadss #vanrajkhattar” Take a look at the pictures and they are going to leave you in awe of this trio, too! View this post on Instagram #throwback Reel one’s awed by Real One ♥️♥️ @harshad_chopda @shehzadss #vanrajkhattar A post shared by Rajesh Khattar (@rajesh_khattar) on May 7, 2020 at 7:58am PDT Also Read: HOT ALERT! Harshad Chopda’s SHIRTLESS picture will drive your midweek blues away! Full Article
anr Chiranjeevi, TSR Nagarjuna honour Rekha and Sridevi at ANR National Award 2019 By Published On :: Mon, 18 Nov 2019 11:43:41 +0530 Megastar Chiranjeevi, T Subbarami Reddy and Akkineni Nagarjuna honoured Bollywood actress Rekha and late Sridevi with ANR National Award 2019 at a grand ceremony held at the Annapurna Studios in Hyderabad on Sunday. Full Article
anr Strictly's Janette Manrara and Aljaz Skorjanec reveal they're broody By www.dailymail.co.uk Published On :: Fri, 13 Mar 2020 14:12:01 GMT The dancing duo, aged 36 and 30, appeared on the ITV chat show to talk about their new dance show Remembering The Oscars. Full Article
anr JOFRA ARCHER: South Africa know those deliveries to Anrich Nortje were not beamers By www.dailymail.co.uk Published On :: Tue, 31 Dec 2019 22:38:26 GMT JOFRA ARCHER: Much was made about the two full tosses I bowled in consecutive balls at Anrich Nortje on the second evening, and they certainly weren't beamers. Full Article
anr Indian Hockey Team Needs to Develop Consistency: Dhanraj Pillay By www.news18.com Published On :: Thu, 25 Jul 2019 09:12:30 +0530 Indian hockey legend Dhanraj Pillay feels that the men's team needs to be more consistent with its performance. Full Article
anr Dhanraj Pillay Donates Rs 5 Lakh to PM CARES Fund in Fight against Coronavirus By www.news18.com Published On :: Mon, 6 Apr 2020 07:12:36 +0530 Indian hockey legend Dhanraj Pillay contributed Rs 5 lakh to the PM-CARES Fund to aid in the fight against coronavirus. Full Article