marc Kamrun Nessa vs Mr. Khalil Ahmed & Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 A five-storied building could not have been constructed in an unauthorised manner within a couple of days. It must have taken months for the same to be constructed. The Municipal authorities, as also the local police station, cannot feign ignorance of the building having coming up in their presence upto the fifth floor in an unauthorised manner. In such circumstances, the said Mr. Joysurja Mukherjee, as we are now told is posted as Officer-in-Charge, Tiljala Police Station, should also be present in Court on 20th March, 2020 to assist this Court and explain how could such an unauthorised structure came up upto the fifth floor. (ARINDAM MUKHERJEE, J.) (SUBRATA TALUKDAR, J.) K. Banerjee A.R. [C.R.] Full Article
marc Sanjay Jhunjhunwala vs Union Of India & Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 Full Article
marc Sefali Singh & Ors vs Kolkata Municipal Corporation & ... on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 2 She files affidavit of service to show copy of the application was served on Chief Law Officer, Legal Cell, Kolkata Municipal Corporation. It be kept with records. The writ petition has been listed along with the application. Sum and substance of applicant's submission is that she fears being dispossessed. In that context Court has perused letter dated 14th June, 2018, written on behalf of petitioners and communication dated 18th July, 2018, impugned in the writ petition, appearing respectively at pages 67 and 71. It appears, by impugned communication, made in reference to said letter dated 14th June, 2018, assessee number of premises occupied by, inter alia, applicant, has been automatically cancelled on amalgamation of premises. Full Article
marc Imraj Ali Molla vs Union Of India And Others on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 2 3. It is submitted by learned counsel for the petitioners that although only one of the companies was alleged to have committed default, the DIN of the petitioners was deactivated in respect of the other companies, in which they were directors, as well, which was de hors the law. 4. Moreover, even in respect of the defaulting company, the DIN of the petitioners could not be deactivated without giving an opportunity of hearing to the petitioners on the allegations made against them in respect of each company. 5. The disqualification of the company‐in‐question took place in the year 2014, that is, prior to the 2018 Amendment of the Companies Act, 2013 (hereinafter referred to as "the 2013 Act") and as such, the provisions of the 2018 Amendment would not be applicable thereto. Full Article
marc Primarc Tirumala Projects Llp vs Banke Behari Realcon Pvt Ltd And ... on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 Appearance: Mr. Snehashis Sen, Adv. ...for the petitioner. The Court : At the instance of the petitioner the matter is appearing today under the heading "To Be Mentioned" for correction of a typographical error crept in the order dated March 11, 2020. By the said order this Court disposed of the application, AP No.49 of 2020. Let the amount of money mentioned in the third line at the fourth page of the said order dated March 11, 2020 be corrected as Rs.9.8 crore in place and stead of Rs.9.2 crore. Full Article
marc Netai Chandra Barik vs Saralabala Barick & Ors on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 Appearance : Smt. Jayabati Barick, in person The Court :- Perused the report filed by the Registrar, Original Side of this Court dated 18th March, 2020. It appears from the said report to which a report of the Department of Ophthalmology, IPGME&R-SSKM Hospital, filed in terms of the order dated 12th February, 2020 passed by this Court is enclosed that Nader Chand Barik is having hundred per cent blindness as per Government of India Norms. It further appears from the Registrar's report that save and except the deposition, all cause papers in the TS 17 of 2017 and TS 1 of 2012 are available. The report further reveals that the Assistant Registrar, Testamentary Department has prayed for passing necessary direction upon various Record 2 Section of the Original Side i.e. Current Record Department, Old Record Department, New building Record (NBR) Department and Central Record Room at Khidderpore to make extensive searches to trace out the original deposition in the aforesaid suit. In my opinion, though specific direction is not required on each of the record sections for searching the record in the said departments as prayed for by the Assistant Registrar, Testamentary Department as indicated in the said report but by way of abundant precaution I pass direction upon the Registrar, Original Side as also Assistant Registrar, Testamentary Department to look for the deposition in the two suits being TS 17 of 2017 and TS 1 of 2012 in all possible places where records are either temporarily or permanently stored and/or kept in this Court premises or outside. Full Article
marc Ashok Panda vs The State Of West Bengal & Ors on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 Appearance: Mr. Subhendu Parui appears in person The Court: Mr. Subhendu Parui appears in person. None appears for the State. The matter is fixed for hearing on 26th March, 2020 at 10.30am. The petitioner, who appears in person, is requested to serve a copy of this order to the Government Pleader. Ld. Government Pleader is requested to appear in this matter on 26th March, 2020 at 10.30am. (RAJARSHI BHARADWAJ, J.) R.Bhar Full Article
marc Laxmi Pat Surana vs Pantaloon Retail India Ltd. & Ors on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 Appearance: Mr. Laxmi Pat Surana, ...petitioner in person The Court: The petitioner is present in Court. He requests for a date on which the matter may be taken up. List this matter on 1st April, 2020. (MOUSHUMI BHATTACHARYA, J.) Sbghosh Full Article
marc 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
marc Mahendra Investment Advisors ... vs Simplex Infrastructures Limited on 24 March, 2020 By indiankanoon.org Published On :: Tue, 24 Mar 2020 00:00:00 +0530 ... for the respondent. The applicant is the respondent in an appeal against a money decree. The applicant apprehends that during the pendency of the appeal, the appellant may dispose of its assets or alienate the same. Since the operation of the decree has not been stayed, it is open to the respondent to levy execution and seek the necessary protection. The injunction sought would not fall within the scope of this appeal. (SANJIB BANERJEE, J.) (I. P. MUKERJI, J.) SG Full Article
marc Md. Abbas vs The State Of Bihar on 17 March, 2020 By indiankanoon.org Published On :: Tue, 17 Mar 2020 00:00:00 +0530 - Gorgama, P.S.- Salkhua, District - Saharsa. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the State : Mr. Uma Shankar Prasad Singh, APP For the Informant : Mr. Sanjay Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State. Full Article
marc Pitambar Yadav vs The State Of Bihar on 17 March, 2020 By indiankanoon.org Published On :: Tue, 17 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Rizwanul Haque, Advocate For the State : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Ariyari PS Case No. 86 of 2016 dated 30.06.2016 instituted under Sections 302, 307 and 504/34 of the Indian Penal Code. Full Article
marc Manish Yadav vs The State Of Bihar on 17 March, 2020 By indiankanoon.org Published On :: Tue, 17 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Singh, Advocate For the State : Mr. Binay Krishna, SPL PP For the Informant : Mr. Indrajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant, who has suo motu appeared. Full Article
marc Avinav Apurwa @ Bam Singh @ Baban ... vs The State Of Bihar on 17 March, 2020 By indiankanoon.org Published On :: Tue, 17 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the State : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Barauni (Refinery) PS Case No. 521 of 2018 dated 06.11.2018 instituted under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act. Full Article
marc Gaurav Kumar @ Raja Bhardwaj vs The State Of Bihar on 17 March, 2020 By indiankanoon.org Published On :: Tue, 17 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N K Agrawal, Sr. Advocates Mr. Vikramaditya and Mr. Amnesh Kumar Sinha, Advocates For the State : Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State. Full Article
marc Mukhtar Mian vs The State Of Bihar on 17 March, 2020 By indiankanoon.org Published On :: Tue, 17 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Kundwa Chainpur PS Case No. 174 of 2019 dated 06.11.2019 instituted under Sections 272/273 of the Indian Penal Code and 30(a)/41(1) of the Bihar Prohibition and Excise Act, 2016. Full Article
marc Lalu Kumar Yadav vs The State Of Bihar on 17 March, 2020 By indiankanoon.org Published On :: Tue, 17 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Bihariganj PS Case No. 294 of 2019 dated 01.09.2019 instituted under Sections 25(1-B)(a)/26/35 of the Arms Act. Full Article
marc Sonu Kumar Yadav @ Sonu Kumar vs The State Of Bihar on 17 March, 2020 By indiankanoon.org Published On :: Tue, 17 Mar 2020 00:00:00 +0530 For the Petitioner/s : Mr. Md. Naushad Uzzoha with Mr. Shafiur Rahman, Advocates For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Gopalganj Excise Case No. 374 of 2019 dated 29.10.2019 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 3. It is alleged that from the house of the petitioner 6.480 litres of wine was recovered. Full Article
marc Santosh Mahto vs The State Of Bihar on 17 March, 2020 By indiankanoon.org Published On :: Tue, 17 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Nath Sinha, Advocate For the State : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Special Case No. 70 of 2019 arising out of Maner PS Case No. 179 of 2019 dated 09.04.2019 instituted under Sections 341/323/354/504/506/379/34 of the Indian Penal Code, 8/12 of The Protection of Children from Sexual Offences Act, 2012 and 54 'D' of the I T Act. Full Article
marc Raju Mahto vs The State Of Bihar on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 For the Petitioner/s : Mr. Sanjay Kumar No 7, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody in connection with Nautan PS Case No. 184 of 2019 dated 15.05.2019 instituted under Section 364A of the Indian Penal Code. 3. The allegation against the petitioner is of kidnapping the brother of the informant. 4. Learned counsel for the petitioner submitted that he is not named in the FIR and only on suspicion has been arrested. It was submitted that because the petitioner was apprehended in Nautan PS Case No. 185 of 2019, he has been also made accused in the present case. Learned counsel submitted that there has been no recovery from the petitioner. Full Article
marc Sarwar Hussain @ Sarwar vs The State Of Bihar on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Raushanganj PS Case No. 129 of 2019 dated 10.07.2019 instituted under Sections 302/328 of the Indian Penal Code. Full Article
marc Ajad Paswan vs The State Of Bihar on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Parijat Saurav, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody in connection with Imadpur PS Case No. 55 of 2019 dated 06.08.2019 instituted under Sections 341/323/324/325/307/504/506/34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was also added. Full Article
marc Raushan Kumar vs The State Of Bihar on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Khutauna PS Case No. 116 of 2019 dated 17.11.2019 instituted under Sections 279, 337, 338, 272, 273 and 353 of the Indian Penal Code and 30(a0 of the Bihar Prohibition and Excise Act, 2016. 3. The allegation against the petitioner and three others is that from the Bolero vehicle he was driving, 405 litres of Nepali countrymade wine was recovered. Full Article
marc Ajit Kumar @ Ajit Sahni @ Ajit Kumar ... vs The State Of Bihar on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody in connection with Kankarbagh PS Case No. 233 of 2019 dated 27.02.2019 instituted under Sections 395/397 of the Indian Penal Code. Full Article
marc Anwari Khatoon @ Tunni @ Nikki vs The State Of Bihar on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 Late Navi Hasan @ Navi Hasan Miya 2. Jafrani Khatoon @ Zafrin Khatoon, female, aged about 24 years, W/o Md. Ezaj Kadri Both resident of Nardiganj Bazar, P.S.- Nardiganj, District- Nawadah ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dineshwar Prasad Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioners and learned APP for the State. Full Article
marc Katari Singh vs The State Of Bihar on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Kalyanpur PS Case No. 80 of 2019 dated 27.04.2019 instituted under Sections 272 and 273/34 of the Indian Penal Code and 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. Full Article
marc Ram Kishore Singh vs The State Of Bihar on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 ... ... Appellant Versus 1. The State of Bihar through its Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna. 3. The Principal Secretary, Primary and Secondary Education, New Secretariat, Patna. 4. The Regional Deputy Director, Tirhut Division, Muzaffarpur. 5. The District Magistrate, Sitamarhi. 6. The District Education Officer, Sitamarhi, District- Sitamarhi. ... ... Respondents ====================================================== Appearance : Full Article
marc Motorists granted a six-month exemption from MOT testing from 30 March By www.dailymail.co.uk Published On :: Thu, 26 Mar 2020 10:36:52 GMT MOT tests will be exempt for 6 months, says the DfT. However, it adds that vehicles must be 'kept in a roadworthy condition' and those found at the controls of unsafe motors can be prosecuted. Full Article
marc Everton news: Marco Silva insists Michael Keane can move past England howler By www.dailymail.co.uk Published On :: Fri, 13 Sep 2019 21:30:46 GMT Everton defender Keane was responsible for the mistake that led to Kosovo's opening goal in the first minute of the Euro 2020 qualifier, which England won 5-3. Full Article
marc Chennai Metro Rail Limited vs Tamil Nadu Generation And ... on 2 March, 2020 By indiankanoon.org Published On :: Mon, 02 Mar 2020 00:00:00 +0530 1. The Appellant Company was established to execute what is known as Chennai Metro Rail Project ("CMRP"). On 15.02.2011, a Memorandum of Understanding ("MoU") was entered into between the Government of India, Government of Tamil Nadu and Chennai Metro Rail Limited ("CMRL"), the Appellant herein, inter-alia, for the purposes of sharing the financial burden of setting up of CMRP, the objective whereof concededly was to provide reliable, faster, economical and eco- friendly public transport services in the city of Chennai, the project undertaken being similar to the projects that have come up in different metro-cities of India including Delhi and Bangalore. Full Article
marc Indian Captive Power Producers ... vs Gujarat Electricity Regulatory ... on 2 March, 2020 By indiankanoon.org Published On :: Mon, 02 Mar 2020 00:00:00 +0530 1. The present appeal has been filed by Indian Captive Power Producers Association (ICPPA) (Appellant) against the daily order dated 01.02.2019 ("impugned order") passed by the Gujarat Electricity Regulatory Commission ("Respondent Commission") in Petition No. 1672 of 2017, preferred by the Appellant. Vide the present appeal, the Appellant is seeking necessary directions for expediting the proceedings in Petition No. 1672 of 2017 preferred by the Appellant. Under the aforesaid Petition, the Appellant is seeking amendment of the provisions of the Gujarat Electricity Regulatory Commission (Terms and Conditions of Intra-State Open Access) Regulations, 2011 ("GERC OA Regulations, 2011") as detailed therein. However, even after a lapse of more than 2 years, the Respondent Commission has failed to hear the Petition on merits, thereby leading to a delay in deciding the said case. Full Article
marc Swasti Power Limited vs Uttarakhand Electricity ... on 2 March, 2020 By indiankanoon.org Published On :: Mon, 02 Mar 2020 00:00:00 +0530 1. The present Appeal has been filed by the Swasti Power Limited ("Appellant") under Section 111 of the Electricity Act, 2003 ("Electricity Act"), challenging the legality, validity and propriety of the Uttarakhand Electricity Regulatory Commission's ("State Commission / Respondent No.1") Order dated 21.10.2015 in Petition No. 08 of 2015 ("Impugned Order") whereby the State Commission despite coming to the conclusion that the Respondents are in breach of their obligations towards construction of 220/33KV sub-station at Ghansali or in strengthening/augmentation of the existing 33KV evacuation system had erroneously dismissed the Petition filed by the Appellant while holding that there is no specific condition under the Power Wheeling Agreement dated 30.09.2005 and Power Purchase Agreement dated 03.07.2009 executed between the parties, under which the Appellant could be compensated for the loss of generation due to inactions of the Respondent No. 2 & 3. Full Article
marc Jaipur Vidyut Vitran Nigam ... vs Rajasthan Electricity ... on 3 March, 2020 By indiankanoon.org Published On :: Tue, 03 Mar 2020 00:00:00 +0530 2. The facts, which led to filing of this appeal, in brief, are as under: Admittedly, the 2nd Respondent is the HT consumer of electricity having Contract Demand of 3500 KVA with the Appellant. It entered into an agreement on 10.10.2011 with the Appellant-Discom for supply of power in terms of above Contract of Demand. 3. Apparently, consumer company made an application for energy drawl from open access through IEX and it was considered as short term open access (STOA) consumer. Admittedly, in terms of Regulation 26(vii) of the RERC (Terms and conditions for Open access) Regulations 2016 (for short "Regulations of 2016"), every short term open access consumer shall provide the injection/drawl schedule (block- wise maximum power) for inter-State transactions every day to SLDC, RDPPC and the Distribution Licensee before 10:00 am of the day 3 preceding the day of drawl/injection as per the open access capacity sanctioned. Full Article
marc Bamunara Industries Welfare ... vs West Bengal Electricity ... on 5 March, 2020 By indiankanoon.org Published On :: Thu, 05 Mar 2020 00:00:00 +0530 1. By this appeal, challenge has been brought to order dated 04.03.2015 of first Respondent i.e. West Bengal Electricity Regulatory Commission (hereinafter variously referred to as "WBERC" or "State Commission") in case No. TP-55/13-14 thereby determining Multi Year Tariff (MYT) for the period beginning with financial year (FY) 2014-15 upto FY 2016-17 by which the appellant, representing a set of industrial consumers, claims to be adversely affected. The grievances of the Appellant relate to alleged inherent inconsistency in the approach on account of "excessive allowance of power purchase cost"; non-compliance of Tariff Regulations in matter relating to "Provisional Determination of Project Cost" of specific units; incorrect treatment of "non-tariff income"; and, erroneous "recurring" allowance of "interest on working capital loan" provided by Government of West Bengal without scrutiny as to delay in repayment. Full Article
marc Techno Electric And Engineering ... vs Central Electricity Regulatory ... on 5 March, 2020 By indiankanoon.org Published On :: Thu, 05 Mar 2020 00:00:00 +0530 Mr. Amit Kapur Ms. Poonam Verma Mr. Saunak Kumar Mr. Rajguru Mr. Sidhant Kaushik Ms. Aparajita Upadhyay Ms. Adhishree Chakraborty Ms. Sakshi Kapoor Counsel for the Respondent(s) : Ms. Abiha Zaidi for R-2 Order PER HON'BLE MR. S. D. DUBEY, TECHNICAL MEMBER IA No. 324 of 2020 Full Article
marc Zamil Infra Private Limited vs Haryana Power Purchase Centre ... on 6 March, 2020 By indiankanoon.org Published On :: Fri, 06 Mar 2020 00:00:00 +0530 1. The dismissal of the claim brought before the Haryana Electricity Regulatory Commission (the Commission) under Section 86(1)(f) of the Electricity Act, 2003 for recovery of Rs. 76,61,606/- on account of "deemed generation" against the Respondent Discom, registered as case No. HERC/PRO-69 of 2017 "for want of prosecution" by order dated 16.01.2019, followed by dismissal of the prayer for Appeal No. 75 of 2020 Page 2 of 6 restoration of the said case by order dated 25.04.2019, has led to the present appeal being instituted before us. 2. We have heard the learned counsel on all sides and have gone through the record. We are of the view that the appeal must be allowed. We set out our reasons hereinafter. Full Article
marc M/S. Sudhakara Infratech Private ... vs Uttar Pradesh Electricity ... on 6 March, 2020 By indiankanoon.org Published On :: Fri, 06 Mar 2020 00:00:00 +0530 1. Against the backdrop of validity of certain acts of the third Respondent (Procurer) encashing the Performance Bank Guarantee and terminating the Power Purchase Agreement (PPA) being questioned by the Appellant (Developer), the issues of the propriety of the approach of Appeal No. 319 of 2019 & IA Nos. 1565, 1566 & 1915 of 2019 Page 2 of 37 the first Respondent - Uttar Pradesh Electricity Regulatory Commission (hereinafter referred to variously as "UPERC" or "State Commission" or "Commission") - to the process of adjudication and the general expectation of its neutrality particularly at the stage of an appellate scrutiny of its decision by this Tribunal have come up for consideration in this appeal. Full Article
marc Adani Power Maharashtra Limited vs Maharashtra Electricity ... on 11 March, 2020 By indiankanoon.org Published On :: Wed, 11 Mar 2020 00:00:00 +0530 1. The brief facts that led to filing of the present appeal are as under: 3 In terms of guidelines issued by Ministry of Power (MoP) for determination of tariff by bidding process for procurement of power by distribution licensees, on 18.05.2009, Respondent No.3- MSEDCL issued a request for proposal for procurement of 2000 MW (+30%-20%) for a period of 25 years on long term basis. In that process, the following bidders were qualified: i. Emco Energy Ltd. ( 200 MW @2.879 Rs/kWh) ii. Rattan India Power Ltd. (Amravati) ( 1200 MW @ 3.260 Rs/kWh) iii. Adani Power Maharashtra Ltd (1200 MW @ 3.280 Rs/kWh) iv. Rattan India Power Ltd. (Nashik) (950 MW @ 3.450 Rs/kWh v. Wardha Power Company Ltd. (675 MW @ 3.620 Rs/kWh) Full Article
marc Madurai Power Corporation ... vs Tamil Nadu Electricity ... on 12 March, 2020 By indiankanoon.org Published On :: Thu, 12 Mar 2020 00:00:00 +0530 1. These two matters have come up against almost identical backdrop of proceedings recorded by Tamil Nadu Electricity Regulatory Commission (hereinafter referred to variously as "TNERC" or "State Commission" or "Commission"), the Appellant in first captioned appeal being Madurai Power Corporation Private Limited, which was the petitioner in D.R.P. No. 19 of 2012, the second captioned appeal having been instituted by Samalpatti Power Company Private Limited, petitioner in D.R.P. No. 16 of 2012. 2. It appears that the said two petitions had come up for consideration before the State Commission around the same point of time, the hearing having been concluded, the orders having been reserved by similar proceedings recorded on 21.12.2018. Noticeably at that stage, the State Commission was functional in full strength with the Chairman and two Members in position. Before orders could be passed in either of the said matters, one of the members (Mr. G. Rajagopal) Appeal No. 127 of 2019 and Appeal No. 146 of 2019 Page 3 of 8 demitted office in January, 2019. Meanwhile, certain written submissions had been placed on record by the parties which were respondents before the State Commission (respondents in these appeals as well). Along with the said written submissions, certain documents were submitted to which exception was taken by the appellants primarily on the ground that it was new material, taking on board the same amounting to (as per their contention) amendment of the pleadings, it being statedly impermissible at the stage at which it had been tendered for record. Since the Registry of the Commission seems to have returned such material upon objections being taken, the respondents herein were constrained to file applications - i.e. IA No. 1 of 2019 in the first captioned matter and IA No. 2 of 2019 in the other matter. Full Article
marc Southern Power Distribution ... vs Andhra Pradesh Electricity ... on 12 March, 2020 By indiankanoon.org Published On :: Thu, 12 Mar 2020 00:00:00 +0530 1. This Appeal is filed by Southern Power Distribution Company of Andhra Pradesh Limited challenging the impugned order dated 03.11.2017 passed by Andhra Pradesh Electricity Regulatory Commission (hereinafter referred to as "APERC/Commission"). 2. The brief facts which led to filing of the present Appeal are as under: (i) 2nd Respondent - M/s SNJ Sugars & Allied Products Pvt. Ltd. is a sugar plant with co-generation power plant having capacity of 20 MW. It uses bagasse as a fuel for power generation. It approached the Non-conventional Energy Development Corporation of Andhra Pradesh Limited (known as "NEDCAP") for setting up of power plant and accordingly it got the approval on 07.04.2000. Full Article
marc West Bengal State Electricity ... vs Central Electricity Regulatory ... on 13 March, 2020 By indiankanoon.org Published On :: Fri, 13 Mar 2020 00:00:00 +0530 1. The Appellant West Bengal State Electricity Distribution Company (WBSEDCL) has come up with the present appeal challenging the order dated 01.11.2019 of Central Electricity Regulatory Commission (the Central Commission) in Petition No. 298/MP/2018 which had been instituted by the Respondent Damodar Valley Corporation (DVC) seeking declaration as to right to recover a sum aggregating Rs.111,74,47,434 Crores towards principal and delayed payment surcharge at the rate of 1.5% per month as on 31.08.2019 along with further interest till payment. It appears that the Appellant had resisted the claim by raising the issue of limitation pleading that the Appeal No. 20 of 2020 Page 2 of 5 petition of DVC could not be entertained, it being time barred. Full Article
marc Marcus Rashford says he would NOT ban racist online accounts but it's important to stand up to them By Published On :: Thu, 05 Mar 2020 15:16:32 +0000 The Manchester United striker, 22, was subject to a barrage of abuse after missing a penalty in a 2-1 defeat to Crystal Palace last year. Full Article
marc Napoli set to return to training on March 25 despite appeals by AIC to wait until April By Published On :: Fri, 20 Mar 2020 23:02:54 +0000 Napoli will return to training on March 25 despite appeals to wait until the nation's lockdown ends on April 3 and criticism from the AIC for endangering players' health. Full Article
marc Manchetser United's Aaron Wan-Bissaka hails Marcus Rashford By Published On :: Wed, 15 Apr 2020 07:30:53 +0100 Aaron Wan-Bissaka insists pitting himself against Manchester United team-mate Marcus Rashford everyday in training has massively helped him develop as a defender. Full Article
marc 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
marc Sajad Hussain Mir vs B.B.Vyas And Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 (Dhiraj Singh Thakur) Judge Srinagar: 18.03.2020. "Shameem H." SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document Full Article
marc 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
marc Satish Chander And Ors vs Union Of India And Ors. (Home ... on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 (Dhiraj Singh Thakur) Judge Srinagar: 18.03.2020. "Shameem H." SHAMEEM HAMID MIR 2020.03.24 12:42 I attest to the accuracy and integrity of this document Full Article
marc Suhail Andleeb Wani vs Union Territory Of J&K And Others on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 List again on 17.04.2020. (Sanjeev Kumar) Judge JAMMU 18.03.2020 Shivalee SHIVALEE KHAJURIA 2020.03.18 16:52 I attest to the accuracy and integrity of this document Full Article
marc Showkat Hussain Zargar vs Union Territory Of Jk And Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 Dasti notice is also permitted. List on 23.03.2020. (Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document Full Article