ba Syed Ali Abbas vs State Of Uttar Pradesh on 11 November, 2024 By indiankanoon.org Published On :: 1. Though the Respondents No. 5 to 11 are served and affidavit of service has been filed but no one has entered the appearance on their behalf, nor any reply has been received from them. 2. The fresh report of the Joint Committee has been filed by the UPPCB along with the reply dated 08.11.2024. 3. Learned Counsel for the Applicant seeks one week time to examine the report and file objection, if required. 4. It has also been pointed out that OA No. 269/2024 involving the same issue against the same project proponent is pending. 5. List alongwith OA No. 269/2024 on 21.11.2024. Prakash Shrivastava, CP Sudhir Agarwal, JM Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November 11, 2024 Original Application No. 121/2024 dv.. Full Article
ba Sheikh Faruque Al Bash vs The State Of Assam And Anr on 8 November, 2024 By indiankanoon.org Published On :: Date : 08.11.2024 Heard Mr. H.R.A.Choudhury, learned Senior Counsel assisted by Mr. A. Ahmed, learned counsel for the petitioner and Mr. D.P.Goswami, learned Addl.P.P. for the State respondent No.1. Also heard Mr. J.Islam, learned counsel for the respondent No.2. By filing this petition under Section 482 of the Bharatiya Nagarik Surakshya Sanhita, 2023, the petitioner, namely, Sheikh Faruque Al Bash has prayed for granting pre-arrest bail, apprehending arrest in connection with Abhayapuri P.S. Case No. 158/2024 under Section 365/511/354/352/323 IPC r/w Section 12 of POCSO Act, 2012 r/w Section 75 of JJ Act. Case diary is received. The allegation in the FIR reveals that the daughter of the informant was dragged by the petitioner to an unknown place on his bike and sexually assaulted her. Full Article
ba Md. Fulbabu Sk vs The State Of Assam And Anr on 11 November, 2024 By indiankanoon.org Published On :: 11.11.2024 Heard Mr. N. J. Dutta, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State and Ms. P. Page No.# 2/6 Agarwal, learned counsel representing the respondent No. 2. 2. By filing this application u/s 482 Cr.PC, the petitioner has prayed for quashing of the FIR dated 25/07/2023 vide Mankachar PS case No. 308/2023 u/s 376 AB/511 IPC read with Section 8/10 of POCSO Act and section 67 of IT Act. 3. The allegation as per FIR is that on the date of incident when the minor daughter of the informant while visited the house of her father-in-law, the present petitioner along with other co-accused No. 3 and 4 handed over the victim to accused no. 1. The accused no. 1 had kissed the victim girl on her face and different parts of her body and tried to commit rape on her. They also took the photographs of the said incident and made them viral through mobiles. Full Article
ba Dr Kali Charna Sabat vs U O I Through National Institute Of ... on 8 November, 2024 By indiankanoon.org Published On :: Looking to the issue involved in the case that the petitioner was dismissed from service by way of punishment passed in a departmental enquiry but that has been questioned by the petitioner that the enquiry has been conducted in complete violation of principles of natural justice and contrary to the procedure prescribed under the law and as such, an order has been passed by this Court on 21.05.2024 directing the respondents to file an affidavit/counter to the petition. Reply has been submitted. Since pleadings are complete and counsel for the parties are ready to argue the matter finally, therefore, it is finally heard. 2 W.P. No.10021-2024 Full Article
ba M/S.Sree Gokulam Chit & Finance Co.(P) vs P.R.Balakrishnan on 8 November, 2024 By indiankanoon.org Published On :: 1 .R.BALAKRISHNAN, S/O.P.N.RAMAKRISHNAN RAO P PARTNER, M/S.WOODLANDS JEWELLERS, WOODLAND JUNCTION, M.G.ROAD, ERNAKULAM,, KOCHI-16. 2 /S.WOODLANDS JEWELLERS, M KOCHI-16. 3 TATE OF KERALA, REPRESENTED BY S THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 1 & R2 BY ADVS. R SRI.JOHN BRITTO SRI.C.A.RAJEEV R3 BY PUBLIC PROSECUTOR SMT.SEENA C. THIS CRIMINAL APPEALHAVING BEEN FINALLY HEARD ON 30.10.2024, THE COURT ON 08.11.2024 DELIVERED THE FOLLOWING: CRL.A NO. 1029 OF 2008 2 2024:KER:82742 "CR" J U D G M E N T The complainant in CC No.238 of 2002 on the file of Additional Chief Judicial Magistrate, Ernakulam, filed this appeal challenging acquittal of the accused, under Section 138 of the Negotiable Instruments Act (hereinafter referred as 'the NI Act'), as per judgment dated 31.05.2007. 2. The complainant, M/s.Sree Gokulam Chit & Finance Company,isaPrivateLimitedcompanyhavingitsregistered office at Chennai and a branch office at MG Road, Ernakulam. The complainant is represented by its power of attorney holder, who is the Assistant Manager of that company.Heisempoweredtoinstitutethecomplaintandto give evidence. The 2nd accused is M/s.Woodlands Jewellers and the1staccusedisitspartner.Rs.2,13,000/-wasdueto the complainant, from the accused, towards future instalments of kuri transactions, whichthe2ndaccusedhad subscribed with the complainant-company. Towards dischargeofthatdebt,the1staccusedissuedExt.P2cheque dated 14.12.2001, assuring that, it would be encashed on CRL.A NO. 1029 OF 2008 3 2024:KER:82742 presentation before the Bank. The complainant presented that cheque for collection but it was dishonoured for the reason, 'A/c transferred to suit file. No Balance.', as per Ext.P3 memo. Complainant sent Ext.P5 registered lawyer notice to the accused, and inspiteofreceiptofnotice,they did not repay that amount, though a reply was sent with untenable contentions. Hence the complaint. 3. After taking cognizance and on appearance of the accused before the trial court, particulars of offence were read over and explained, to which, they pleaded not guilty andclaimedtobetried.Thereupon,PW1wasexaminedand Exts.P1toP10andP10(a)weremarkedfromthesideofthe complainant. On closure of complainant's evidence, the accused were questioned under Section 313 of Cr.P.C. They denied all the incriminating circumstances brought out in evidence and according to them, they subscribed chitty conducted by the complainant, which was terminated on 12.11.1998. They paid the entire amount due, and thereafter their passbook was closed. Ext.P2 cheque was CRL.A NO. 1029 OF 2008 4 2024:KER:82742 given by the accused, as a blank one, only as a security, when he bid the chitty. After closing the chitty,theaccused demanded back the blank cheque given as security, but it was not returned, saying that it was kept intheheadoffice at Madras. No defence evidence was adduced. 4.Onanalysingthefactsandevidence,andonhearing the rival contentions from either side, the trial court acquitted the accused, finding that the complaint was not properly instituted, as PW1-Assistant Manager was not properly authorised to filethecomplaintortogiveevidence on behalf of the company. Moreover, the complainant failed to prove that, Ext.P2 cheque was issued towards discharge of a legally enforceable debt. Aggrieved by the acquittal of the accused, the complainant has preferred this appeal. 5. Heard learned counsel for theappellantandlearned counsel for the respondents. 6. Learned counsel for the appellant would contend that, since the complainant is a Private Limited company, which is an incorporeal body, only an employee or CRL.A NO. 1029 OF 2008 5 2024:KER:82742 representativeofthecompanycanpreferthecomplaint.The company becomes a de jure complainant and its employee or other representative representing the company in the criminalproceedingsbecomesthedefactocomplainant.Ina complaint, with regard to dishonour of a cheque issued in favour of a company, for the purpose of Section 142 of the NI Act, the company will be the complainant, and for the purpose of Section 200 of the Criminal Procedure Code, its employee,whorepresentsthecompany,willbethedefacto complainant. A company can be represented by an employee, or even by a non-employee authorised and empowered, to represent the company by a resolution or a power of attorney. 7. According to the appellant, Ext.P8 extract of the resolution empowered PW1-Sri.A.T.K.Ajayan, who was the Assistant Manager ofthecompany,tofilethecomplaintand to give evidence. Ext.P8 is the extract from the minutes,of the proceedings of the Board of Directors meeting, held on 14.09.2000, at its corporate office at Chennai, which CRL.A NO. 1029 OF 2008 6 2024:KER:82742 authorisedtheAssistantManagerSri.A.T.K.Ajayan,todothe following acts: '( 1) Toinstitute,commence,prosecute,carryonor defend any suit or legal proceeding, (2)Tosignandverifyallplaints,writtenstatements and other pleadings, applications, affidavits, petitions or documents and produce them before any Court, (3) To appoint, engage and instruct any solicitor, Advocate or Advocates to act and plead and other wise conduct the case on behalf of the Company and to sign any Vakalathnama or other authority in this regard, (4) To give evidence on behalf of the Company in any Court of law, and (5) To do all other lawful acts,deedsandthingsin connectionwithfilingofanysuitandconducting anylegalproceedingsinanycourtoflawandto withdraw the case on behalf of the Company.' CRL.A NO. 1029 OF 2008 7 2024:KER:82742 8. Learned counsel for respondents 1 and 2 would contendthat,Ext.P8extractoftheminutesisnotadmissible in evidence and the minutes has to beprovedbyproducing theoriginal.HewouldrelyonadecisionoftheHighCourtof Judicature at Bombay in Ashish C. Shah v. M/s. Sheth DevelopersPvt.Ltd.&Othersreportedin[CDJ2011BHC 339:2011 KHC 6506], to say that, Section 194 of the Companies Act provides that, the minutes of meetings kept in accordance with the provisions of Section 193, shall be evidence of the proceedings recorded therein. No provision intheCompaniesActwasbroughttothenoticeofthatcourt which provides that, certifiedcopyorextractoftheminutes would be admissible in evidence, without proof of the original. Section 65(f) of the Evidence Act provides that, secondary evidence may be given, of the existence, conditionandcontentsofthedocument,whentheoriginalis the document, of which a certified copy is permitted bythe Evidence Act or by any other law in force in India, to be given in evidence. He would rely on another decisionofthe CRL.A NO. 1029 OF 2008 8 2024:KER:82742 Delhi High Court in Escorts Ltd. v.SaiAutosandOthers [1991 Company Cases Volume 72 Page 483] to say that, copy of resolution was not enough and the original of the minutes book, containing the resolution reliedon,hastobe brought to the court. 9. Section 119 of the Companies Act, 2013 which correspondstoSection196oftheCompaniesAct,1956says that,thebookscontainingtheminutesoftheproceedingsof any generalmeetingofacompanyorofaresolutionpassed by postal ballot shall be kept at the registered office of the company,anditshallbeopenforinspectionbyanymember during business hours and if any member make a request, for a copy of the minutes,itshallbefurnishedwithinseven days, onpaymentofprescribedfees.So,Section119ofthe Companies Act provides for copy of the minutes, and moreover, learned counsel for the appellant would saythat, copy of every resolution shall be sent to the Registrar for recording the same within 30 days of passing the same. Moreover, as per Section 54 of the Companies Act, 1956, a CRL.A NO. 1029 OF 2008 9 2024:KER:82742 document which requires authentication by a company may be signed by adirector,themanager,thesecretaryorother authorisedofficerofthecompany,andneednotbeunderits common seal. So, accordingtotheappellant,Ext.P8extract oftheminutes,whichcontainstheresolutionauthorisingthe Assistant Manager to file criminal or civil cases or to give evidenceetc.,signedbythedirectorofSreeGokulamChit& Finance Co.(P)Ltd.,wassufficientauthorityforPW1,tofile the complaint and to give evidence, on behalf of the company. 10. Learned counsel for the respondents would point outthat,Ext.P8wasnotproducedalongwiththecomplaint, and it was produced subsequently after questioning the accusedunderSection313ofCr.P.C.Relyingonthedecision M. M. T. C. Ltd. v. Medchil Chemicals And Pharma (P) Ltd. [2002 KHC 241], learned counsel for the appellant contended that, even if there was no authority initially, still thecompanycanrectifythatdefect,atanystage.Inpara12 of that judgment, we read thus: CRL.A NO. 1029 OF 2008 10 2024:KER:82742 "It has been held that if a complaint is madeinthe name of an incorporeal person (like a company or corporation) it is necessary that a natural person representssuchjuristicpersoninthecourt.Itisheld that the court looks upon the natural person to be the complainant for all practical purposes. It is held that when the complainant is a body corporate it is the de jure complainant, and it must necessarily associate a human being as defactocomplainantto represent the former in court proceedings. It has further been held thatnoMagistrateshallinsistthat theparticularperson,whosestatementwastakenon oath at the first instance, alone can continue to represent the company till the end of the proceedings. It has been held that there may be occasions when different persons can represent the company. It has been held that it is open to the de jure complainant companytoseekpermissionofthe court for sending any other person to represent the company in the court. Thus, even presuming, that initially there was no authority, still the company can, at any stage, rectify that defect. At a subsequent stage the company can send a person who is competent to represent the company. The complaintscouldthusnothavebeenquashedonthis ground." 11. In the decision, Bhupesh Rathod v. Dayashankar Prasad Chaurasia and Another[2 021 (6) CRL.A NO. 1029 OF 2008 11 2024:KER:82742 KHC 368], Hon'ble Apex Court held that, even if there was no authority initially, the company can at any stage rectify that defect by sending a competent person. In that case, copy of the board resolution was filed along with the complaint. An affidavit was brought on record by the company, affirming the factum of authorisation in favour of the Managing Director. Hon'ble Apex Court accepted the copy of board resolution, to find thattheManagingDirector was authorised to file complaint in the Court and to attend all such affairs which maybeneededintheprocessoflegal actions. Paragraphs 23 and 24 of that judgment read thus: "2 3. It is also relevant to note that a copy of the Board Resolutionwasfiledalongwiththecomplaint.Anaffidavit had been brought on record in the Trial Court by the Company, affirming to the factum of authorisation in favouroftheManagingDirector.AManageroraManaging Directorordinarilybytheverynomenclaturecanbetaken tobethepersonin-chargeoftheaffairsCompanyforits day - to - daymanagementandwithintheactivitywould certainlybecallingtheactofapproachingtheCourteither under civil law or criminal law for setting the trial in motion (Credential Finance Ltd. v. State of Maharashtra, 1998(3)MahL J805).Itwouldbetootechnicalaviewto take to defeat the complaint merely because the bodyof CRL.A NO. 1029 OF 2008 12 2024:KER:82742 the complaint does not elaborate upon the authorisation. The artificial person being the Company had to act through a person / official, which logically would include the Chairman or ManagingDirector.Onlytheexistenceof authorisation could be verified. 24.Whileweturntotheauthorisationinthepresentcase, itwasacopyand,thus,doesnothavetobesignedbythe BoardMembers,asthatwouldformapartoftheminutes of the Board meeting and not a true copy of the authorisation. We also feel that it has been wrongly concludedthattheManagingDirectorwasnotauthorised. If we peruse the authorisation in the form of a certified copyoftheResolution,itstatesthatlegalactionhastobe taken against the respondent for dishonour of cheques issued by him to discharge his liabilitiestotheCompany. To this effect, Mr. Bhupesh Rathod / Sashikant Ganekar were authorised to appoint advocates, issue notices through advocate, file complaint, verifications on oath, appointConstituentattorneytofilecomplaintintheCourt and attend all such affairs which may be needed in the process of legal actions. What more could be said?" 12. Obviously Hon'bleApexCourtacceptedcopyofthe resolutiontofindthefactumofauthorisationinfavourofthe Managing Director. 13.Inthecaseonhand,PW1-AssistantManagerofthe complainant-companyfiledthecomplaintandgaveevidence CRL.A NO. 1029 OF 2008 13 2024:KER:82742 on behalf of the company. Ext.P8 extract of the minutes shows that, the board of directors authorised him to do so. Thefactthatonlyextractoftheminutesbookwasproduced, without producing the original, or that Ext.P8 wasproduced at a belated stage, etc., will not take away that right from him. So, he could have filed the complaint and given evidence also on behalf of the company, on the strength of the resolution by the boardofdirectors,anextractofwhich was produced as Ext.P8. 14.Learnedcounselfortherespondentswouldcontend that, Ext.P9 power of attorney was not executed or authenticated by theNotaryPublicandso,itcouldnothave been accepted to draw power for PW1, tofilethecomplaint or to give evidence. According to him, the two ingredients contained in Section 85 of the Evidence Act viz. execution before the Notary Public and the authentication by the Notary Public are very essential. The words 'executed before', and 'authenticated by', are the two conditionstobe satisfied in order to attract the presumption under Section CRL.A NO. 1029 OF 2008 14 2024:KER:82742 85 of the Evidence Act.HewouldrelyonthedecisionBank of India v. M/s. Allibhoy Mohammed and Others reported in [AIR 2008 BOMBAY 81], to support his argument.Inparagraph 18 of that judgment, we read thus: "18. Let me turn to the Legal Provisions; namely, Section 85 of the Evidence Act which lays down that the Court shall presume due execution and authentication of power of attorney when executed before, and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Counsel or it's Vice Counsel or representative of theCentralGovernment, etc. This presumption is available in favour of the originalPowerofAttorneyholderprovidedmandateof Section 85 is duly followed." 15. In the case on hand, though the original power of attorneyisproducedandmarkedasExt.P9,itdoesnotshow that it was executed by the complainant in presence of the Notary Public, and there is no authentication by the Notary Public, that it was executed before her. So, there is some forceintheargumentputforwardbylearnedcounselforthe respondents, that Ext.P9 power of attorney cannot be accepted,forwantofproperexecutionandauthenticationas CRL.A NO. 1029 OF 2008 15 2024:KER:82742 envisaged under Section 85 of the Evidence Act. 16. Learned counsel for the appellant would submit that,evenifthepowerofattorneyisignored,thenalso,the complaint is filed by an officer of the company and he was authorised as per board resolution dated 14.09.2000, the extract of which was marked as Ext.P8. So, this Court is of the view that, though Ext.P9 power of attorney was not liable to be accepted, being the officer of the company, authorised by board resolution dated 14.09.2000, PW1 was empowered to file the complaint and to give evidence. 17.Learnedcounselfortheappellantwouldsaythat,if the accused was disputing the authority of the complainant tofilethecomplaintortogiveevidence,itwasopenforhim to dispute andestablishthesameduringthecourseoftrial. Hon'ble Apex Court in TRL Krosaki Refractories Ltd. (M/s.) v. M/s. SMS Asia Pvt. Ltd. and Another [2022 (2) KHC 157:2022 (1) KLT OnLine 1043 (SC)] made that position clear, by holding that, when thecomplainant/payee is a company, an authorized employee can represent the CRL.A NO. 1029 OF 2008 16 2024:KER:82742 company. Such averment and prima facie material is sufficient for the learned Magistrate to take cognizance and to issue process. If at all there is any serious dispute with regard to the person prosecuting the complaint not being authorized, or if it is to bedemonstratedthatapersonwho filed the complaint has noknowledgeofthetransactionand assuchthatpersoncouldnothaveinstitutedandprosecuted the complaint, it would be open for the accused to dispute thepositionandestablishthesameduringthecourseofthe trial. 18. Though the respondents were disputing the authority of PW1, vide Ext.P8 extract of the resolution as wellasExt.P9powerofattorney,theydidnottakeanysteps to establish that position, during trial.So,thefindingofthe trialcourt,thatPW1wasnotauthorizedtofilethecomplaint and to give evidence on the basis of Ext.P8 extract of the resolution, is liable to be set aside. 19.Comingtothefactsofthecase,learnedcounselfor theappellantwouldsubmitthat,therespondentssubscribed CRL.A NO. 1029 OF 2008 17 2024:KER:82742 seven kuries of Rs.5,00,000/- each, with the appellant company, andtheyauctionedthatkurion14.02.1997.They defaulted payment of future instalments, and towards discharge of that liability, the 1st respondent issued Ext.P2 cheque dated 14.12.2001 for an amount of Rs.2,13,000/-. When that cheque was presented before Bank, it was returned dishonoured for the reason 'A/c transferred to suit file. No balance.' The respondents are not disputing the signatureinExt.P2chequeortheissuanceofthatchequeto the appellant. All statutory formalities to bring home an offence punishable under Section 138 of the NI Act was complied with. Moreover, the presumptions available under Sections 118 and 139 of the NI Act will come to the aid of the appellant to show that, Ext.P2 cheque was issued towards discharge of a legally enforceable debt. So, according totheappellant,learnedtrialcourtwentwrongin acquitting the accused. 20. The respondents would contend that, when they auctioned the kuri with the appellant, as a security for the CRL.A NO. 1029 OF 2008 18 2024:KER:82742 balance instalments, Ext.P2 cheque was given as a blank signed cheque, and even after they paid the future instalments fully, and closed the kuri, the blank cheque entrustedwiththeappellantwasnotreturned. Onlytosee, whether they could extract some more money from the respondents, they filed a false complaint, misusing that blank cheque. 21.RelyingonthedecisionoftheHon'bleApexCourtin Bir Singh v. Mukesh Kumar[(2019) 4 SCC 197], learned counsel for the appellant would argue that, even a blank cheque leaf, voluntary signed and handed over by the accused, which is towards some payment, would attract presumptionunderSection139oftheNIAct,intheabsence of any cogent evidence to show that the cheque was not issued in discharge of a debt. Paragraphs 33 to 36 of that judgment read thus: "33. A meaningful reading of the provisions of the Negotiable Instruments Act including, in particular, Sections 20, 87 and 139, makes it amply clear that a person who signs a cheque and makes it over to the payeeremainsliableunlessheadducesevidencetorebut CRL.A NO. 1029 OF 2008 19 2024:KER:82742 the presumption that the cheque had been issued for payment of a debt or in discharge of a liability. It is immaterial that the cheque may have been filled in by any person other than the drawer, if the cheque is duly signed by the drawer. If the cheque is otherwise valid, the penal provisions of Section 138 would be attracted. 34.Ifasignedblankchequeisvoluntarilypresentedtoa payee,towardssomepayment,thepayeemayfillupthe amount and other particulars. This in itself would not invalidate the cheque. The onus would still be on the accusedtoprovethatthechequewasnotindischargeof a debt or liability by adducing evidence. 35.Itisnotthecaseoftherespondent-accusedthathe either signed the cheque or parted with it under any threat or coercion. Nor isitthecaseoftherespondent- accused thattheunfilledsignedchequehadbeenstolen. The existence of a fiduciary relationship between the payeeofachequeanditsdrawer,wouldnotdisentitlethe payee to the benefit of the presumption under Section 139oftheNegotiableInstrumentsAct,intheabsenceof evidence of exercise of undue influence or coercion.The second question is also answered in the negative. 36. Even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the NegotiableInstrumentsAct,intheabsenceofany cogent evidence to showthatthechequewasnotissued in discharge of a debt." CRL.A NO. 1029 OF 2008 20 2024:KER:82742 22. The respondents are not disputing issuance of Ext.P2chequetotheappellant,thoughaccordingtothem,it wasissuedasablanksignedcheque.Theyarenotdisputing the fact that they auctioned the kuri which they subscribed with the appellant and future instalments were to be paid, evenafterauctioningthekuri.Obviously,Ext.P2chequewas issuednotunderanythreatorcoercion,andevenaccording totherespondents,itwasissuedasasecurityforthefuture instalmentstobepaidinthekuri,whichtheyhadauctioned. In Moideen v. Johny [2006 KHC 1055], this Court held that, even if a blank cheque was issued as a security, the person in possession of the blank cheque, can enter the amount of the liability and present it to the bank. When a blank cheque is issued by one to another, it gives an authority on the person, to whom itisissued,tofillitupat the appropriate stage, with the necessaryentitiesregarding the liability, and to present it to the bank. In the event of dishonour of that cheque, the accused cannot be absolved from his liability. CRL.A NO. 1029 OF 2008 21 2024:KER:82742 23.Anothercontentiontakenupbylearnedcounselfor the respondents is that, the appellant did not produce the account books of the chitty to show that Rs.2,13,000/-was due from them. Learned counsel for the appellant would submit that, production of account books etc. may be relevant in a civil court, but as far as a criminalcaseunder Section138oftheNIActisconcerned,thereispresumption in favour of the holder of the cheque, and so the burden is upon the respondentstorebutthatpresumption.Shewould rely on a decision of the Hon'ble Apex CourtinChandelD. K.v.M/s.WockhardtLtd.andAnother[2020KHC6204] which says that production of the account books/cash book may be relevant in a civil court; but may not be so, in the criminal case filed under Section 138 of NI Act, because of the presumption raised in favour of the holder of the cheque. 24. The respondents are not disputing the fact that they had subscribed kuries with the appellant company. Ext.D1 passbook shows that the kuri commenced on 12.11.1996, and it was terminated on 12.11.1998. In the CRL.A NO. 1029 OF 2008 22 2024:KER:82742 first page of that passbook, a 'PAID' seal is found with the date14.02.1997.Accordingtotheappellant,itwasthedate onwhichthatkuriwasauctionedbytherespondents. Inthe 10th page of that passbook,thereisanendorsementinred ink, as 'c losed 14.12.1998'. So according to the respondents, the endorsement 'c losed 14.12.1998' andthe 'PAID' seal on the first pageofthepassbook,willshowthat he had paid the entire amount due under that kuri and so, no amount was due, so as to issue Ext.P2 cheque. 25. Learned counsel for the appellant would contend that,ifthekuriwasclosedon14.12.1998,thepassbookwill show the seal 'c losed', just like the 'PAID' seal in the first page. Since the kuri was auctioned by the respondents, definitely there would have been future instalments, to be paid monthly, till the termination of that kuri. When the respondents are alleging discharge of the entire kuri instalments duetotheappellant,itistheirburden,toprove itwithcogentevidence.Theycouldhaveverywellcalledfor the Registers pertaining to the kuri to show that the entire CRL.A NO. 1029 OF 2008 23 2024:KER:82742 amount has been paid by them. Learned counsel for the appellant would say that, since Ext.D1 passbook was in the custody of the respondents, they themselves might have made the red ink entry 'c losed 14.12.1998'. Since Ext.D1 passbook was with the respondents, the manipulation as alleged by the appellant cannot be ruled out. Learned trial court seems to have been carried away by the 'PAID' seal seen on the first page of Ext.D1 passbook to find that, the entire dues of the kuri was paid off by the respondents. Obviously, that 'PAID' seal was regarding payment by the company, when the kuri was auctioned by the respondents. 26.Learnedcounselfortherespondentswouldcontend that, on receipt of Ext.P5 lawyer notice, they sent Ext.D2 reply notice disowning theliabilityanddisputingissuanceof the cheque. But the appellant produced Ext.P10 notice sent by the respondents on receipt of Ext.P5 notice. In Ext.P10 notice, it was stated that the respondents were facing financial difficulties and they were making every effort to raise funds to settle the account. But, learned counsel for CRL.A NO. 1029 OF 2008 24 2024:KER:82742 the respondents would say that, they never sent Ext.P10 replynoticetotheappellant.ButExt.P10(a)postalcoverwill show that, it was sent by the respondents to Adv.Sri.K.S.Babu, who sent Ext.P5 notice. Ext.D2 notice as well as Ext.P10noticeareonthesamedayi.e.10.01.2002. But Ext.D2 was addressed to the appellant directly. The postalreceiptoracknowledgementcardofExt.D2noticewas not produced by the respondents. Since Ext.P5 notice was sent by an advocate, normally the reply also should have been given to that advocate. Ext.P10 notice along with Ext.P10(a) cover seem to be more reliable. On going through Ext.P10 notice, it could be seen that, the respondents were admitting their liability to certain extent, towards the balance amount due on prized chits. 27.Advertingtotheaforesaidfactsandcircumstances, this Court is of the view that, the trial court went wrong in acquitting the accused. So,theimpugnedjudgmentisliable to be set aside. There is evidence to show that Ext.P2 cheque was issued towards discharge of a legally CRL.A NO. 1029 OF 2008 25 2024:KER:82742 enforceable debt, and that cheque was dishonoured for the reason'A/ctransferredtosuitfile.Nobalance.'Theappellant had complied with all the statutory formalities in order to attract an offence punishable under Section 138 of the NI Act.ThecomplainantwasauthorizedasperExt.P8extractof the resolution, to file the complaint and to give evidence. The respondents failed to rebut the presumptions available in favour of the appellant, under Sections 118 and 139 of the NI Act. So, respondents 1 and 2 are found guiltyunder Section 138 of the NI Act. 28. As per Section 141 of the NI Act, if the person committing an offence under Section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Section 141(2) of the NI Act reads thus: CRL.A NO. 1029 OF 2008 26 2024:KER:82742 "141. Offences by companies. -- (1) xxx xxx xxx (2)Notwithstandinganythingcontainedinsub-section(1), where any offence under thisAct,hasbeencommittedby a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes, of this section,-- (a) "company"meansanybodycorporateandincludesa firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm." 29. In the case on hand, the 2nd respondent is a partnership firm and the 1st res Full Article
ba Sabah Rahman vs State Of Kerala on 8 November, 2024 By indiankanoon.org Published On :: This application under Section 389(1) Cr.P.C. has been filed seeking suspension of sentence of the applicant/accused in S.C.No.561 of 2023 on the file of the Court of Session, Manjeri. He has been found guilty of the offences punishable under Sections 341, 354 A (2) read with Section 354 A (1)(i), 363 of IPC, and Section 8 read with Section 7 of the PoCSO Act. He has been sentenced to varying terms of imprisonment for the aforesaid offences. The sentences have been directed to run concurrently. The maximum period of imprisonment he will have to undergo is 4 years. Crl.M.Appl. No.1 of 2024 in & 2. The application is opposed by the learned public prosecutor. Full Article
ba Balwinder Singh Alias Deepa vs State Of Punjab on 8 November, 2024 By indiankanoon.org Published On :: 1. Relief Sought The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for the grant of regular bail to the petitioner in FIR No. 07, dated 07.02.2024, under Sections 22, 29 of NDPS Act, 1985, registered at Police Station Talwandi Chaudharian, District Kapurthala. 2. Facts Facts as narrated in the FIR reads as under:- "Statement of ASI Nirmal Singh 51/Kpt: Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Stated that I was on duty at Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Today I alongwith ASI Parvinder Singh 1517/Kpt, ASI Kanwaljit Singh 1539/Kpt were checking vehicles at Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Then from side of Mundi Maur one motorcycle was seen coming and three persons with cut hair were riding the same. They were signaled to stop on seeing the naka of police they threw the 1 of 7 Neutral Citation No:=2024:PHHC:146061 motorcycle and tried to run back. The driver of the motorcycle from the pocket of his pant, the person sitting in the middle from the pocket of his pyjama and the person sitting at the end from the pocket of his pant took out one transparent polythene bag and threw the same on the side of the road and therein orange colored tablets were clearly visible. They were apprehended and their names and address was inquired. The driver of the motorcycle disclosed his name as Balwinder Singh @ Deepa son of Swaran Singh R/o village Hamira P.S. Subhanpur. The person sitting in the middle disclosed his name as Manjit Singh @ Katta son of Vaid Singh Resident of Hamira P.S. Subhanpur. The person sitting at the last disclosed his name as Gurnam Singh @ Gama son of Sewa Singh R/o Phulra P.S. Bhaini Mian Khan District Gurdaspur. I being local rank ASI cannot carry out proceedings under the NDPS Act. Therefore, I had given information at P.S. Talwandi Chaudhrian through phone to send investigating officer. You alongwith police party have reached at the spot. The polythene bags thrown by Balwinder Singh @ Deepa, Manjit Singh @ Katta and Gurnam Singh ® Gama are lying as it is. I have given my statement to you and same is correct." Full Article
ba Dilbagh Singh Etc vs Jasbir Kaur on 7 November, 2024 By indiankanoon.org Published On :: INDEX 1. Challenge in the present Para 1 Page 1-2 appeal 2. Background of the case Paras 2-9 Pages 2-6 3. Arguments on behalf of the Paras 10-13 Pages 6-10 appellants 4. Arguments on behalf of Paras 14-15 Pages 10-12 respondent no.1/plaintiff 5. Analysis and Findings Paras 16-38 Pages 12-25 CHALLENGE IN THE PRESENT APPEAL 1. Defendant Nos.2 to 4 have filed the present appeal under Section 41 of the Punjab Courts Act, 1918. Challenge in the present appeal is to the judgment dated 11.09.1992 vide which the Ist Appellate Court had set aside the judgment and decree dated 02.12.1988 passed by the trial Court and had decreed the suit filed by the plaintiff/respondent 1 of 25 Neutral Citation No:=2024:PHHC:145434 RSA-1920-1992 (O&M) [2] No.1 (presently represented by his LRs) for specific performance. BACKGROUND OF THE CASE Full Article
ba Joban Singh @ Jobanbir Singh vs State Of Punjab on 8 November, 2024 By indiankanoon.org Published On :: 1. Relief Sought The jurisdiction of this Court under Section 483 BNSS, 2023, has been invoked for the grant of regular bail to the petitioner in FIR No. 85, dated 12.09.2023, under Sections 379-B(2), 341, 336, 411, 201, 34 of IPC and Sections 25/27 of Arms Act, registered at Police Station Shekhwan, Police District Batala, District Gurdaspur, Punjab. 2. Facts Facts as narrated in the FIR reads as under:- "Statement of Kawaljit Singh S/o Kuldeep Singh R/o House No. 177 Loharka Road, Gali No.9 NRI Colony, Amritsar aged 49 years. M. No. 98884-30028. Stated that I am resident of aforementioned address and is doing work of Fashion Designer at Amritsar. My in-laws are residing in village Talwandi Jangla. My father in law name is Sucha 1 of 6 Neutral Citation No:=2024:PHHC:145797 Singh son of Mohan Singh. Today I along with my wife Sarabjit Kaur aged 40 years went to meet my in-law's family at village Talwandi Jangla on Bullet Motorcycle No. PB-02-DV-4128 colour black. After meeting them at around 07:00 PM I along with my wife left for our house and at around 07:20 PM when we reach Qullian on Qadian to Batala road then one motorcycle came from back on which three boys were sitting. Two were clean shaved and one was in turban. They park their motorcycle in front of my motorcycle and stopped us. The boys told us that we should give them motorcycle and when I refused then one Hindu clean shaved person took our pistol and fired three shots in air to make us afraid. They took away my bullet motorcycle colour back No. PB02-DV-4128. I informed police by calling at 100 number and you have come at the spot." Full Article
ba Amandeep Singh Alias Boban vs State Of Punjab on 8 November, 2024 By indiankanoon.org Published On :: 1. Relief Sought This petition has been filed under Section 483 BNSS, 2023 for grant of regular bail to the petitioner in Case FIR No. 69 Dated 02.03.2023 registered under Sections 302, 364, 201, 406, 420, 120-B IPC at Police Station City Kharar District SAS Nagar (Mohali). 2. Prosecution story set up in the present case as per the version in the FIR reads as under :- 'Statement of Gagan Kumar Son of Paramjit Singh Resident of House No.-2213/55 C New Vijay Nagar Street No-3 Tajpur Road, Ludhiana, District Ludhiana aged about 26 years, stated that I am a resident of the aforesaid address and working in a private job at Ludhiana. My brother-in-law Rajinder Singh son of Hardev Singh Village Post Office Mahauli Khurd Police Station Sandour District Malerkotla (aged about 33-34 years) who used to work for car sales and exchange at Kharar who lived on rent at Sri Krishna Dairy Sante Majra Colony Kharar near Swaraj Nagar that on dated 18-2- 2023 my brother-in-law came back from Gurgaon Haryana. With whom I spoke on the phone, who told me that I will come to 1 of 8 Neutral Citation No:=2024:PHHC:145880 Ludhiana on Monday. Full Article
ba Birbal Alias Lilu vs State Of Haryana on 8 November, 2024 By indiankanoon.org Published On :: 1. Relief Sought The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for second time seeking the concession of regular bail for the petitioner in FIR no.0608 dated 10.12.2023 under Sections 22(C), 29, 61 and 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Naraingarh, District Ambala (Annexure P-1), during the pendency of trial. 2. Prosecution story set up in the present case as per the version in the FIR read as under :- 'Respected Sir, To the Station House Officer, Police Station Naraingarh, District Ambala. Today on 10.12.2023, ASI Matlub Hussain No. 207/AMB HSNCB UNIT AMBALA, ASI SANDEEP KUMAR 75/A, EASI SURENDRA SINGH NO. Full Article
ba Baljinder Kaur Alias Preeti vs State Of Punjab on 6 November, 2024 By indiankanoon.org Published On :: 1. Since both the above appeals arise from a common verdict, made by the learned trial Judge concerned, hence both the appeals (supra) are amenable for a common verdict being made thereons. 2. Both the appeals (supra) are directed against the impugned verdict, as made on 20.09.2022, upon Sessions Case No.74 of 15.02.2018, by the learned Additional Sessions Judge, Ludhiana, wherethrough in 1 of 28 Neutral Citation No:=2024:PHHC:145851-DB CRA-D-1106-2022 AND CRA-D-62-2023 (O&M) -2- respect of charges drawn against the accused qua offences punishable under Sections 302/34 of the IPC, thus the learned trial Judge concerned, proceeded to record a finding of conviction against appellants-convicts. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced the appellants-convicts in the hereinafter extracted manner: Full Article
ba Amrendra Kumar Singh vs The Bihar State Bar Council on 12 November, 2024 By indiankanoon.org Published On :: and submitted an inspection report on 11.05.2024. 3. The learned counsel for the petitioner has submitted that in paragraph no. 9 of the inspection report dated 11.05.2024, the only allegation, which has been made, is regarding enhancement of charges in respect of hajri form disproportionately and Patna High Court CWJC No.10426 of 2024 dt.12-11-2024 discontinuance of the share of Advocates and Advocate clerks in the same, resulting in resentment in the Bar, apart from some allegations being made in the said report regarding functioning of the Committee during the period 2022 to 2024, for which the petitioner is not responsible, inasmuch as his financial power had been seized vide letter dated 19.07.2023. Full Article
ba ABA/1118/2024 on 12 November, 2024 By indiankanoon.org Published On :: Mr. Sanjay Kumar, Advocate for the applicant. Ms. Rangoli Purohit, Brief Holder for the State. Applicant seeks anticipatory bail in Criminal Case No.162 of 2024, State Vs. Dharmendra Kumar Agarwal, in FIR No. 467 of 2023, under Sections 406, 420, 504 and 506 IPC, Police Station Bajpur, District Udham Singh Nagar,, pending in the court of Civil Judge/Judicial Magistrate Bazpur, District Udham Singh Nagar. Full Article
ba Amar K Ramani vs State Bank Of India on 12 November, 2024 By indiankanoon.org Published On :: CIC/SBIND/A/2023/633692 1. The Appellant filed an RTI application dated 12.05.2023 seeking information on the following points: Page 1 of 5 (i) Entire file, inter alia, containing Copies of circulars, policies, notes, correspondence, Board resolutions, etc. generated on the issue of engagement of Housing Keeping Contracts, instead of getting such work done from the regular staff of the bank, and polices, circular etc. engagement of Contract labour by the bank. Entire record since last 12 years. (ii) Copies of tender floated by the Bank for its Corporate Centre office at Wadam Cama Road, for Housekeeping Contract or engagement of contract labour for any activities, during last three calendar years, Full Article
ba J Usha vs South Central Railway (Secunderabad) on 12 November, 2024 By indiankanoon.org Published On :: : The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information: "1. Please provide the below information of under all Railway Zones of Indian Railways on all India basis. S.No Name of the Full postal Address Name of the Telephone/Mo Email ID of Railway with PIN code of officer bile Nos. of the the Unions/Mazdoor the Railway Bearers and Officers Railway Sanghs/Associati Union/Mazdorr Designations bearers Unions/Ma ons Sanghs/Association zdoor s Sanghs/As sociations Full Article
ba J Usha vs South Central Railway (Secunderabad) on 12 November, 2024 By indiankanoon.org Published On :: : The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information: "1. Please provide the below information of under all Railway Zones of Indian Railways on all India basis. S.No Name of the Full postal Address Name of the Telephone/Mo Email ID of Railway with PIN code of officer bile Nos. of the the Unions/Mazdoor the Railway Bearers and Officers Railway Sanghs/Associati Union/Mazdorr Designations bearers Unions/Ma ons Sanghs/Association zdoor s Sanghs/As sociations Full Article
ba Reena Meena vs Punjab National Bank on 12 November, 2024 By indiankanoon.org Published On :: 1. The Appellant filed an RTI application dated 05.04.2023 seeking information on the following points: (i) "Copy of Service Book/PF of my husband late sh. Raju Ram Meena, (Peon)/Cat- IV employee, was posted at PNB branch-PUR, circle office Alwar(Rajasthan) (ii) Present status of payment payable in death case to the dependent of deceased employee with full details. (iii) Copy of my application along with documents submitted for compassionate appointment and its Present status, (iv) Please Provide reasons for unnecessary delay in processing the same. Page 1 of 4 Full Article
ba Smita Sah vs Reserve Bank Of India on 12 November, 2024 By indiankanoon.org Published On :: 1. The Appellant filed an RTI application dated 22.05.2023 seeking information on the following points: (i) Party wise detailed break up of the amount pertaining to each of the debtors whose debt has been assigned vide aforesaid agreement. Page 1 of 5 (ii) Details of Actual amount paid by the ARC to the bank pertaining to each individual debt. (iii) Copies of Correspondence with regards to the above between the Assignor (Bombay Mercantile Co-operative Bank Ltd) and Assignee Invent Assets Securitisation Reconstruction Pvt. Ltd prior to and subsequent to the alleged Assignment Full Article
ba B.Vijaya @ Vijayalakshmi vs R.Balakrishnan on 7 November, 2017 By indiankanoon.org Published On :: R.SAKTHIVEL, J. These Civil Miscellaneous Appeal and Cross Objection are at the instance of the petitioner / appellant and the respondent respectively. In both the cases, challenge is to the Judgment and Decree dated November 7, https://www.mhc.tn.gov.in/judis Page No.2 of 24 CMA NO.3541 OF 2017 & CROSS OBJ. NO.51 OF 2019 2017 passed by the ‘Principal Family Court, Coimbatore’ ['Family Court' for short], in H.M.O.P.No.1445 of 2015. This Common Judgment will govern both of them. Full Article
ba M.V.Balaji vs The District Collector on 27 September, 2024 By indiankanoon.org Published On :: This writ petition has been filed challenging the order passed by the second respondent dated 10.10.2023, thereby partly allowed the complaint filed by the fifth respondent and ordered to pay a sum of Rs.25,000/- per month, in favour of the fifth respondent. 2. The petitioner is the son of the fifth respondent and the respondents 6 & 7 are the daughters of the fifth respondent. The fifth respondent got married one Kala and gave birth to the petitioner and the https://www.mhc.tn.gov.in/judis respondents 6 & 7 herein. The property ad measuring 493 sq.ft., situated at Door No.7/1, 9th lane, Narayan nayakkan Street, Pudupet, Chennai, was settled in favour of the fifth respondent by his father. It consists ground floor plus 2 floors. In the ground floor, there is an yarn company and employees are staying in the said premises. The fifth respondent's wife owned property at Chintadripet, in which the petitioner is receiving the rent of Rs.25,00,000/- per month. The petitioner is doing his business in the Chintadripet house. Full Article
ba Ms/.Sree Basaveshwar Sugars Ltd vs M/S.Uttam Industrial Engineering Pvt. ... on 28 October, 2024 By indiankanoon.org Published On :: [Judgment of the Court was made by M.SUNDAR, J.,] Captioned intra-Court appeal i.e., 'Original Side Appeal' {hereinafter 'OSA' for the sake of brevity} is under Section 37 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity]. 2. Short facts (shorn of particulars not imperative for appreciating this order) are that the appellant before this 'Commercial Appellate Division' {'CAD' for the sake of brevity} is engaged in the business of manufacturing, producing and distributing Sugar and its by-products; that the appellant shall hereinafter be referred to as 'SBSL' denoting 'Sree Basaveshwar Sugars Limited'; that the respondent before this CAD is a company which is https://www.mhc.tn.gov.in/judis engaged in the business of designing, manufacturing and supplying / selling plant, machinery and equipment required for sugar plants; that the respondent before CAD shall hereinafter be referred to as 'UIEPL' denoting 'Uttam Industrial Engineering Private Limited'; that short facts / abbreviations are deployed for the sake of brevity and convenience; that fulcrum or in other words nucleus of lis between the parties is a 'contract dated 05.05.2011' {hereinafter 'said contract' for the sake of brevity}; that vide said contract, UIEPL {to be noted, 'UIEPL' shall be referred to as 'contractor' also for the sake of brevity and convenience} was to design and supply Sugar Mill House Equipments for sugar factory of SBSL {to be noted, 'SBSL' shall be referred to as 'employer' also for the sake of brevity and convenience}; that under the said contract, contractor was to supply employer in Karnataka all material and equipments so as to enable erection and commissioning of Mill House equipments including Cane Handling on or before April 2012; that said contract broadly had three aspects included in it namely, (i) Commercial Terms and Condition for supply at site, (ii) Technical Terms and Conditions and (iii) Data Sheet and Annexure; that under the said contract, contractor UIEPL supplied the sugar house https://www.mhc.tn.gov.in/judis equipments till May 2012; that thereafter, said contract ran into rough weather as according to the contractor, employer did not make payments though clause 1.14.6 of the said contract stipulates that employer has to pay as per invoice without making deductions unless the details of such claims have already been communicated to the contractor; that according to the contractor, as per clause 1.14.1(d) of said contract, money should have been settled within 15 days; that this Court is on a legal drill under Section 37 of A and C Act and therefore it is really not necessary to delve into numbers in terms of claims with specificity and exactitude; that it will suffice to say that employer in and by a notice dated 12.02.2012 terminated the said contract; that this lead to eruption of arbitrable disputes and constitution of a three member 'Arbitral Tribunal' {'AT' for the sake of brevity}; that before AT, UIEPL contractor was claimant and SBSL employer was respondent; that contractor as claimant made a claim for a sum of a little over Rs.4.43 Crores stating that the same are monies due from employer SBSL for supply of machinery and equipments supplied during the period of 23.12.2011 to 15.03.2018 under said contract; that this amount of a little over Rs.4.43 Crores (Rs.4,43,56,687/- to be precise) was claimed with interest at 14% per https://www.mhc.tn.gov.in/judis annum; that employer SBSL as respondent before AT resisted the claim and also made a counter claim for Rs.5 Crores saying that the same is towards damages said to have been suffered by SBSL for breach of terms of said contract; that this damages of Rs.5 Crores was claimed by employer SBSL with 18% interest per annum; that AT, after full contest, made an 'award dated 03.08.2019' {hereinafter 'impugned award' for the sake of brevity} inter alia returning a verdict in favour of claimant / contractor / UIEPL in a sum of Rs.4,43,56,687/- together with 12% interest per annum besides costs of Rs.6 Lakhs; that as regards the counter claim of employer SBSL i.e., counter claim of Rs.5 Crores, the entire counter claim was dismissed as a case of no evidence {no pleadings with specificity too}; that the employer SBSL assailed the impugned award under Section 34 of A and C Act vide O.P.No.39 of 2020 and Section 34 Court in and by an 'order dated 30.06.2021' {hereinafter 'impugned order' for the sake of brevity} dismissed the Section 34 petition; that against the impugned order of Section 34 Court, captioned OSA has been filed by SBSL employer; that the captioned appeal was heard out in full; Full Article
ba Unknown vs The Management Of Icici Bank Ltd on 12 November, 2024 By indiankanoon.org Published On :: This writ petition is filed seeking mandamus to direct the respondents to extend the petitioners an opportunity to exercise option notionally with effect from 1.8.2003 or any subsequent dates based on the date of cession of service, in any event as per the 9th bipartite settlement. 2. The facts in brief in this writ petition are that the petitioners were originally joined their service at the Bank of Madura at various positions on different dates. The Bank of Madura was amalgamated with the 1st respondent Bank under the Scheme of amalgamation sanctioned by the Reserve Bank of India with effect from 10.03.2001. As per the said scheme, all the employees of Bank of Madura stood transferred to the service of https://www.mhc.tn.gov.in/judis ICICI Bank Limited however, all the service conditions of the employees were protected. Full Article
ba L. Balaji vs State Of Odisha .... Opp. Party on 8 November, 2024 By indiankanoon.org Published On :: arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners and learned counsel for the State. This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Marine P.S. Case No.13 of 2020 corresponding to G.R. Case No.245 of 2020 pending in the Court of learned S.D.J.M., Chhatrapur for alleged commission of offences under sections 147/148/ 353/341/323/324/291/336/307/427/506/ 149 of the I.P.C. and section 3 of Epidemic Diseases Act, 1897. Learned counsel for the petitioners submitted that the petitioners were granted anticipatory bail by this Court in ABLAPL No.11824 of 2020 as per order dated 05.11.2020 and at that time, the investigation was under progress but in the meantime, charge sheet has already been submitted and in view of the decision rendered by the Hon'ble Supreme Court in the case of Sushila Aggarwal -Vrs.- State (NCT of Delhi) reported in AIR 2020 Supreme Court 831, the petitioners may be permitted to surrender in the Court below and move an application for bail and provisions laid down therein may be considered by the learned Court below while adjudicating the bail application. Full Article
ba Basudev Behera & Another vs State Of Odisha .... Opp. Party on 11 November, 2024 By indiankanoon.org Published On :: Heard. 2. At the instance of the petitioner No.2, the F.I.R. in connection with Bari Ramachandrapur P.S. Case No.94 of 2017 corresponding to G.R. Case No.631 of 2017 came to be registered against the petitioner No.1 for the offences punishable under Sections 498(A)/323/325/506/34 of the IPC read with Section 4 of the D.P. Act pending in the Court of learned S.D.J.M., Jajpur. Page 1 of 4 3. The petitioner No.1 is the husband of the petitioner No.2. Their marriage was solemnized in the year 2016. Few days after their marriage, dissention arose in their family for which the petitioner No.2 lodged the F.I.R. being Bari Ramachandrapur P.S. Case No.94 of 2017 for the above alleged offences. Full Article
ba Natabar Nayak & Others vs State Of Odisha & Another .... Opp. ... on 11 November, 2024 By indiankanoon.org Published On :: Heard. 2. At the instance of the opposite party No.2, the F.I.R. in connection with Ranpur P.S. Case No.10 of 2015 corresponding to S.T. Case No.22 of 2016 came to be registered against the petitioners for the offences punishable under Sections 341/ 323/ 294/ 354/ 307/ 506/324/452/427/34 of the IPC pending in the Court of learned Senior Civil Judge-cum-Assistant Sessions Judge (Women's Court), Nayagarh. 3. The allegation against the petitioners is that, on 10.01.2015, the complainant reported at the P.S. that, on the same day, when he was working with labourers, the petitioner Nos.1, 3 & 4 removed his stumps and destroyed. When the labourers opposed the same, they left the place. Then in the same evening, while the complainant was coming from his house to pay his labourers, the above accused persons being armed with lathi, katari etc. entered into his house and abused him in obscene languages. The petitioner No.2 attacked him by means of katari to kill him. At that time, one Sunil Samantaray of his village obstructed the same and he sustained bleeding injury on his left hand. Thereafter, his sister-in-law, father and mother also tried to rescue him, but the accused persons pushed them and dragged the saree of his sister- in-law and kicked her. At that time, his brother Harmohan Nayak, Prafulla Nayak, Gagan Nayak, Sanjay Nayak and others reached at the spot and rescued them. All the accused persons threatened to kill them. Hence, the F.I.R. Full Article
ba Mohammad Iqbal Bhat And Ors vs Union Of India And Ors on 11 November, 2024 By indiankanoon.org Published On :: 11-11-2024 1. Perusal of the record reveals that vide order dated 17th May, 2024 respondent no. 4 (State of J & K through Commissioner/Secretary to Government Revenue Department Civil Secretariat Srinagar/Jammu) and respondent no. 5 (Assistant Commissioner) were granted four weeks' time for filing reply, subject to payment of costs of Rs. 3000/-(three thousand) to be deposited in the Advocates Welfare Fund. Since the needful was not done, this Court vide order dated 3rd April, 2024 granted last and final opportunity to said respondents for doing needful, subject to payment of costs of Rs. 5000/ (five thousand) (inadvertently mentioned in order dated 16th October, 2024 as 50000/-) which order was also not complied with and in the aforesaid backdrop, this Court vide order dated 16th October, 2024 directed respondents 4 and 5 to appear before this Court on the next date fixed and to file an affidavit stating therein reasons for not complying orders passed by this Court mentioned supra. Full Article
ba Creditorii companiei Angst au aprobat vânzarea unor spații comerciale în valoare de 3,6 milioane de euro By www.forbes.ro Published On :: Tue, 12 Nov 2024 11:56:49 +0000 Adunarea Generală a creditorilor companiei Angst a aprobat valorificarea a patru spații comerciale din București și unul din Ilfov, cu valoare totală de piață de 3,6 milioane de euro. Infinexa, companie antreprenorială românească specializată în restructurarea și finanțarea firmelor aflate în dificultate, anunță scoaterea la licitație a cinci spații comerciale ce aparțin procesatorului de carne ... The post Creditorii companiei Angst au aprobat vânzarea unor spații comerciale în valoare de 3,6 milioane de euro appeared first on Forbes Romania. Full Article Actualitate
ba BASF primește aprobarea de finanțare pentru construcția celei mai mari pompe de căldură industriale din lume By www.forbes.ro Published On :: Tue, 12 Nov 2024 12:09:55 +0000 BASF a primit aprobarea de finanțare din partea Ministerului Federal German pentru Afaceri Economice și Acțiune Climatică pentru construcția celei mai puternice pompe de căldură industriale din lume. Astfel, în următoarele luni, compania va putea începe lucrările de construcție pregătitoare pentru acest proiect la platforma sa din Ludwigshafen. Proiectul își propune să aducă o contribuție ... The post BASF primește aprobarea de finanțare pentru construcția celei mai mari pompe de căldură industriale din lume appeared first on Forbes Romania. Full Article Actualitate Afaceri basf ministerul pentru afaceri economice Germania pompa de caldura industriala
ba Mallappa S/O Allappa Kumbali vs The State Of Karnataka on 6 November, 2024 By indiankanoon.org Published On :: (PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner who is arraigned as accused No.3 has filed this petition under Section 482 Bharatiya Nagarika Surksha Sanhita, 2023 (for short 'BNSS') to grant him anticipatory bail in Crime No.126/2024 of respondent Police Station for the offences punishable under Sections of 406, 419, 420 r/w 149 of Indian Penal Code. 2. In support of his petition, petitioner has contended that he has not committed the alleged offences and has been falsely implicated. He is innocent and law abiding citizen. He has not involved in any other criminal case. Though the alleged offences are non bailable, they are not punishable with death or imprisonment for life. The complaint is an after thought cock and bull story created by the complainant. The alleged incident has taken place on 27.06.2024, but complaint is filed on 10.07.2024. The inordinate delay in filing the complaint is not explained. Full Article
ba Gurudeva Brahmanand Trust Committee vs Sankappa S/O Ningappa Banavannavar on 5 November, 2024 By indiankanoon.org Published On :: (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present writ petition is filed by the plaintiff challenging the order dated 16.07.2024 passed in M.A.No.7/2023 by the Court of the Senior Civil Judge and JMFC, Kalaghatagi1. 2. The relevant facts leading to the present writ petition are that the plaintiff instituted a suit in O.S.No.11/2023 before the Civil Judge and JMFC, Kalghatagi2 wherein the respondents herein arrayed as defendants. The reliefs sought for in the suit are extracted herein for ready reference. "14. Prayer: That, the most respectfully and graciously prayed that, this hon'ble Court be please to pass decree in favour of plaintiff as under:- Full Article
ba Abhay Kumar Sribastav vs Unknown on 11 November, 2024 By indiankanoon.org Published On :: Petitioner is in custody for 11 months. He submits there was a romantic relationship between the parties. Victim has already been examined. Accordingly, he prays for bail. 2. Learned Advocate for the State opposes the bail prayer. 3. Inspite of notice nobody appears for the victim. 4. We have considered the deposition of the victim. Though she is a minor, she admitted there was friendly relationship between the parties. Her deposition is complete. There is little possibility of trial concluding in the near future. Full Article
ba Kali Kishore Bagchi vs Security And Exchange Board Of India & ... on 12 November, 2024 By indiankanoon.org Published On :: 1. The present revisional application has been preferred by the petitioner against an order dated 22.04.2022 passed by the learned Judge, 5th Special Court, Kolkata, in the proceeding being Special Case No. SEBI/39/2018. 2. The petitioner's case is that the petitioner had joined in Amrit Bio Energy and Industries Limited as an executive director on 27.04.2004, for the erection and commissioning of renewal energy power project. The said Amrit Bio Energy and Industries Limited is a group of companies under Amrit Projects Ltd. a company incorporated under the provisions of the companies Act, 1956. After being satisfied with the performance of the petitioner, Kailash Chand Dujari, the Managing Director of Amrit Projects Ltd. and its group of companies had offered the petitioner to become director of several other group companies of Amrit Projects Ltd. After joining the said Amrit Group the petitioner was to look into the development and set up of a power project of 10 M.W. in the District of Bankura, West Bengal. The said project was successfully completed under the supervision of the petitioner. The said Amrit Project Limited had started a business receiving deposits from the public at large without consulting with the petitioner. The petitioner had tendered resignation and resigned from the said Amrit Projects Limited and all its group of companies in the year 2013. Full Article
ba Ansarhussain Shamsherkhan Rasulbaks ... vs State Of Gujarat on 12 November, 2024 By indiankanoon.org Published On :: Full Article
ba Narendra Laxmikant Shah vs Pragati Sahakari Bank Limited on 12 November, 2024 By indiankanoon.org Published On :: Full Article
ba WSJ Opinion: Weak Foreign Policy Exacerbates Russia, Ukraine Tensions By Published On :: Fri, 10 Dec 2021 00:31:16 GMT Joe Biden came to office promising he'd take a tough stance with Vladimir Putin, but his foreign policy decisions to date haven't deterred Russia amassing thousands of troops in readiness to invade Ukraine. Images: Getty Images/Maxar Composite: Mark Kelly Full Article
ba Alibaba Tries to Go Global With ‘Singles Day,’ China’s Big Shopping Festival By Published On :: Thu, 11 Nov 2021 10:29:15 GMT Singles Day in China is the world’s largest annual shopping extravaganza. Its creator, the e-commerce giant Alibaba, is now exporting the event to the rest of the world as part of its push to challenge Amazon and others. Photo: Geoffroy Van der Hasselt/Agence France-Presse/Getty Images Full Article
ba U.S. and China Agreed on a Global Tax. Could They Resolve Other Issues? By Published On :: Thu, 28 Oct 2021 11:56:00 GMT Beijing and Washington have been at loggerheads on issues from tech to human rights and territorial claims, but a recent global tax deal shows how the rivals can also cooperate. WSJ looks at what’s next for U.S.-China relations as the G-20 meets in Rome. Photo Composite: Sharon Shi Full Article
ba Biden Says Build Back Better Will Likely Be Broken Up By Published On :: Thu, 20 Jan 2022 00:33:07 GMT President Biden said at a news conference Wednesday that the stalled $2 trillion Build Back Better proposal would likely have to be split up to get certain pieces, like provisions on climate, energy and early-childhood education, passed. Photo: Oliver Contreras/Sipa/Bloomberg News Full Article
ba For Clues to the Stock Market Selloff, Look to the Fed’s Balance Sheet By Published On :: Thu, 27 Jan 2022 16:21:29 GMT The stock market entered correction territory as investors reevaluate the market’s value after the Federal Reserve signaled plans to raise interest rates. WSJ’s Dion Rabouin explains. Illustration: David Fang Full Article
ba Australian Ports Sale is Largest Transport Deal Globally in 2013 By blogs.wsj.com Published On :: Mon, 15 Apr 2013 01:48:44 +0000 Friday’s 5.07 billion Australian dollar (US$5.3 billion) ports deal has set several milestones. Full Article Global Australia transport
ba OUE Likely To Reload After REIT Listing, Maybank-Kim Eng Says By blogs.wsj.com Published On :: Mon, 15 Apr 2013 08:35:14 +0000 Overseas Union Enterprise is likely to move ahead with new acquisitions after raising around $680 million by listing a real-estate investment trust listing later in the year, Maybank-Kim Eng says. Full Article Global IPOs Overseas Union Enterprise Property real estate REITs Singapore
ba Citigroup’s Corbat Gets Expenses Down By blogs.wsj.com Published On :: Mon, 15 Apr 2013 12:14:57 +0000 Chief Executive Michael Corbat is in the early stages of making good on his promise to turn Citigroup Inc. into a more efficient company. Full Article Global bank earnings Citigroup Michael Corbat PAID
ba Dish vs Softbank: A Comparison of Sprint Offers By blogs.wsj.com Published On :: Mon, 15 Apr 2013 15:29:48 +0000 Dish Network is now engaged in what is something of a tug-of-war with Japan’s Softbank over the future of Sprint. How their deals stack up. Full Article Global Dish Network Softbank sprint Sprint-Softbank Telecom Deals
ba Record Number of Banks in One Deal as HK’s IPO Market Heats Up By blogs.wsj.com Published On :: Mon, 06 May 2013 06:48:58 +0000 Hong Kong's IPO market is shifting into high gear this week with two billion-dollar offerings but one deal is crowded with a record number of banks who are being asked to do more to earn business. Full Article Global Hong Kong initial public offerings Investment banking IPOs PAID
ba Kyle Bass Keen on Yellow Pages Co. — Sohn Conference By blogs.wsj.com Published On :: Wed, 08 May 2013 17:27:01 +0000 By Emily Glazer The yellow pages business isn't dead yet. That's according to Kyle Bass, principal of Dallas-based hedge fund Hayman Capital Management L.P., who focused his presentation at the Ira Sohn conference Wednesday on directories business Dex Media Inc. Full Article Hedge Funds ira sohn PAID
ba Lithium for EV Batteries Is in High Demand, But Protesters Are Pushing Back By Published On :: Mon, 03 Jan 2022 10:30:15 GMT Lithium prices are rising as demand for the key ingredient in electric car batteries grows, amid a broader push to move away from oil and gas. But extraction of the metal is time consuming and potentially harmful to the environment, and plans to produce more have prompted protests. Photo: STR/Getty Images, Oliver Bunic/AFP/Getty Images Full Article
ba Orioles Pitchers Can’t Keep the Ball in the Park By blogs.wsj.com Published On :: Mon, 26 Jun 2017 19:08:15 +0000 The Orioles have gone nearly the entire month of June allowing at least one home run in every game. Full Article MLB
ba Should Homeowners Ban Drones Over Their Property? By Published On :: Tue, 24 May 2016 18:30:44 GMT The increased use of personal and commercial drones is raising questions about where they should be permitted to fly, and who should make that decision. The FAA estimates drone sales will reach 7 million by 2020. Photo: John Weber for The Wall Street Journal Full Article
ba On-Site Child Care: It's Paying Off at Clif Bar By Published On :: Mon, 26 Sep 2016 10:30:00 GMT Clif Bar & Co. is among only 5% of U.S. employers that offer a child care center on-site or near its offices. Kate Torgersen, an 18-year employee, explains how bringing her three children to the company's "Base Camp" child care center has benefited her as a working mother. Photo: Tim Hussin for The Wall Street Journal Full Article
