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(08.11.2024)

01. Petitioner through the medium of this petition filed under Article 226 of the Constitution of India seeks following reliefs:-

(i) Writ of mandamus commanding the respondents particularly respondent No. 3 to hand over the physical possession of plot No. 288/15 Sector-C measuring 44'x60' at Sainik Colony Jammu to the petitioner by executing all necessary documents.

(ii) The respondent No. 3 be further directed to extend the period of 05 years as stipulated in condition No. 4 of the perpetual lease deed dated 18/07/1994 for raising constructions.

(08.11.2024)

01. Petitioner through the medium of this petition filed under Article 226 of the Constitution of India seeks for the following reliefs:-

i) Commanding upon the respondents to allow the petitioner to work as Lambardar in view of his appointment vide order No. 145-47/TBG Auth dated 07.07.2022 and also in view of the J&K Lambardari Act, 1972 and J&K Lambardari Rules, 1980 till general elections are held.

ii) Commanding upon the respondents to confirm the appointment of the petitioner in accordance with the J&K Lambardari Act and Lambardari Rules.

Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners alongwith other co-accused persons came at the informant's shop and started assaulting him. When the informant's son came to save him then the co-accused, Madan Prasad, hit him with iron pipe which resulted into head injury. It is also alleged that the petitioner no. 2 has stolen Rs.35,000/- from the informant's shop.

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Dewaria P.S. Case no. 18 of 2024 registered under sections 376, 342, 323, 328 and 506 of the Indian Penal Code and section 67 of the Information and Technology Act.

3. As per the prosecution case, the informant states that the petitioner who happens to be the husband of her cousin sister took her to a room in a hotel, made her to drink an intoxicated tea and on her falling unconscious established physical relations with her. It is further stated that he took objectionable photographs and threatened that he would make Patna High Court CR. MISC. No.74140 of 2024(2) dt.11-11-2024 the same viral. It is further stated that he also sent the photographs to some persons from his mobile phone, details of which has been mentioned in the F.I.R.

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Buxar (Muffassil) Police Station Case No. 195 of 2024, disclosing offences under Sections 419/420/467/468/471/ 504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the informant and his sister-in-law Rani Devi purchased a piece of land by way of two registered sale deeds from Raghvendra Kishore Srivastava, situated at Mauza Hukaha, Thana No. 281, bearing Khata No. 185, Plot No. 46, having an area of 198 decimals. Thereafter, the informant got the information that accused Dhananjay Singh has executed a Patna High Court CR. MISC. No.71947 of 2024(2) dt.11-11-2024 forged sale deed, dated 24.01.2024, and in that sale deed some fictious person has been impersonated as seller Raghvendra Kishore Srivastava. The petitioner is one of the identifier and witness in the forged sale deed. After execution of the sale deed, the accused persons, armed with rifle, pistol, katta, lathi and bhala, came on 05.03.2024 and threatened to kill the informant and his family members.

PER SUBHASH CHANDRA  

1.      This First Appeal under Section 51 of the Consumer Protection Act, 2019 (in short, 'the Act') challenges order dated 16.12.2020 of the State Consumer Dispute Redressals Commission, Delhi (in short, the 'State Commission') in Complaint No. 188 of 2020 holding that the appellants herein are not "consumers" under the purview of the Act and dismissing the complaint filed by them.

2.      The delay of 80 days in the filing of this complaint has been considered in the light of the fact that the impugned order was dated 16. 12.2020 and while the appeal was required to be filed within 30 days of receipt of order, this period coincided with the COVID-19 Pandemic and in terms of the order of the Hon'ble Supreme Court in Suo Moto Writ Petition No. 3 of 2020 dated 10.01.2022 the period for limitation stood extended.

For Petitioner(s) : Mr. Mohd Shakir Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This second bail application has been filed by the accused- petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.339/2024, registered at the Police Station Shahpura (Jaipur Rural), District Jaipur Rural for the offences punishable under Sections 331(4) & 305(a) of BNS.

2. The First Bail Application No.11258/2024 filed by the accused- petitioner was dismissed as withdrawn vide order dated 19.09.2024 with liberty to file fresh bail application after filing of the charge-sheet.

HON'BLE MR. JUSTICE SAMEER JAIN Order 08/11/2024 The matter pertains to the Year 2021. From a perusal of the Court file it is noted that no sincere efforts are taken by the counsel representing the parties, to contest the instant matter.

Even today, when the matter was called, no one appeared on behalf of the petitioner.

Connected With S.B. Civil Writ Petition No. 4282/2021

1. Rahul Choudhary Son Of Shri Devendra Singh, Aged About 24 Years, Resident Of Ajeetpatti, Magorra, Mathura U.p.

2. Suresh Kumar Gautam Son Of Shri Udal Prasad Gautam, Resident Of 90, Saroj Vihar, Balajipuram, Aurangabad, Mathura, U.P.

3. Deepak Singh Son Of Shri Gulab Singh, Resident Of Baroli Chauth, Bharatpur (Raj.)

4. Ankit Chaturvedi Son Of Shri Gyanendra Chaturvedi, Resident Of Nayabas, (Kyrakhera), Koyal, Raya, Mathura, U.P.

5. Anuj Kumar Son Of Shri Rohtash Singh, Resident Of House No. 8/62/3, New Kaushalpur, Agra, Dayalbag, U.P.

For Petitioner(s) : Mr. Meghraj Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.438/2024, registered at the Police Station Niwai, District Tonk for the offences punishable under Sections 3, 25(1)(b) & 25(8) of Arms Act.

2. Heard.

3. Considered.

4. Having regard the submissions made by counsel for the petitioner so also the fact that no recovery has been effective from the accused-petitioner and more particularly the co-accused have already been enlarged on bail by this Court on 24.10.2024 and the accused-petitioner is in custody since long time, this Court without expressing any opinion on the merits and demerits of the case, [2024:RJ-JP:46152] (2 of 2) [CRLMB-13712/2024] deems just and proper to enlarge the petitioner on bail.

For Petitioner(s) : Mr. Ashindra Gautam For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.179/2024, registered at the Police Station Mantown, District Sawai Madhopur for the offences punishable under Sections 365, 382, 336, 379, 323 & 143 of IPC.

2. Counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this matter. Counsel further submits that co-accused namely; Abhishek S/o Hira Lal has already been enlarged on bail by this Court on 24.10.2024. Counsel further submits that the accused-petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail.

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.71/2024, registered at the Police Station Clock Tower, District Ajmer for the offences punishable under Sections 143, 323, 341 & 308 of IPC.

2. Counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this matter. Counsel further submits that co-accused have already been enlarged on bail by this Court on 22.10.2024. Counsel further submits that the accused-petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail.

YASHWANT VARMA, J.

1. This Letters Patent Appeal1 is directed against the judgment rendered by the learned Single Judge on 19 February 2013 in terms of which an Award rendered by the Industrial Tribunal2 has come to be upheld. In terms of the Award dated 05 October 2005, the petitioner- appellant was directed to frame a policy of regularisation in respect of the respondent workmen. Both the Tribunal as well as the learned LPA Tribunal Single Judge have essentially held against the appellant on the ground that the engagement of the respondent-workmen through a contractor was merely a ruse to overcome the obligations which would have stood attached in case it were to be recognized to be the principal employer.

CHANDRA DHARI SINGH, J.

1. The instant regular first appeal has been filed by the appellants under Section 96 of the Code of Civil Procedure, 1908 (hereinafter as 'CPC') seeking the following reliefs:

Signature Not Verified

RFA 9/2022 Page 1 of 60

Digitally Signed By:PRAVEEN

KUMAR BABBAR

Signing Date:12.11.2024

18:37:54

"(a) call, summon and peruse the records of the Ld. Trial Court of Sh. Jay Thareja, Ld. ADJ-07, South-East District, Saket Courts, Delhi in Civil Suit No.7447/2016 titled as "Apama Ashram Vs. Mohan Jha & Ors. ";

1. In this original application, registered suo motu, the Tribunal is considering the issue of delay in filing the reports by the State Expert Committees and its effect on the unclassed forests.

2. By order dated 31.07.2024, 38 respondents were impleaded and notices have been served upon them.

3. Replies on behalf of only UT of Ladakh and State of Andhra Pradesh have been received.

4. The previous order also indicates that there are 7 States, i.e., Goa, Haryana, Jammu & Kashmir, Ladakh, Lakshadweep, Tamil Nadu and West Bengal, who do not appear to have constituted the Expert Committees till now.

5. Learned Counsel appearing for the MoEF&CC submits that the Ministry is in touch with the authorities of all the States and the last meeting was held on 03.10.2024 and that after collecting the relevant information, the MoEF&CC will file the reply within four weeks.

Order 11/11/2024

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No. Particulars of the Case 2. Concerned Police Station Sojat Road 3. District Pali 4. Offences alleged in the FIR Under Sections 307/34 of of the NDPS Act and Section 3/25 of the Arms Act of the 5. Offences added, if any --

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 11/11/2024 Heard Ms. B Devi, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent.

2. This application under Section 439 of the Cr.P.C. (New Section 483 BNSS) has been filed by the petitioner, namely, Jashim Uddin Laskar, son of Late Jalal Uddin Laskar, resident of Village- Barnagad, P.O. Kalibaribazar, P.S. Algapur, District-Hailakandi, seeking bail in Silchar P.S. Case No. Page No.# 2/3 1935/2023 registered under Sections 379 IPC (Section New 303 BNS) corresponding to G.R. No. 3650/2023, wherein he was arrested on 11.09.2024 and is in custody since then.

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.

BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA Advocates for the petitioner : Mr. A. I. Uddin, Advocate For the respondents :

Dates of hearing : 08.11.2024 Date of Judgment : 12.11.2024 JUDGMENT AND ORDER (CAV)

1. Heard Mr. A. I. Uddin, learned counsel for the petitioner, who submits that the petitioner submitted his bid in respect of the E-Tender Notice No.06/2023- 2024 issued by the Divisional Forest Officer, Social Forestry Division, Pune, Government of Maharashtra, for supply of minimum 4 months old bamboo seedlings from certified seed source in around 4"x5" size polybags.

1. Heard on I.A.No.20559/2024, an application under Section 301(2) of Cr.P.C. seeking permission to assist the Public Prosecutor.

2. On due consideration and the reasons contained in the application, the same is allowed. Shri Vijay Kumar Agrawal, Advocate and his associates are permitted to assist the Public Prosecutor at the time of hearing of this case.

3. The applicant has filed this second repeat application under Section 439 of Cr.P.C. for grant of bail. The applicant has been arrested on 01.03.2024 by Police Station Morar, District Gwalior, M.P. relating to Crime No.66/2013 for the offences punishable under Sections 147, 148, 149, 307, 302, 120B of IPC and Sections 25 and 27 of Arms Act. First application was dismissed as withdrawn vide order dated 16.07.2024 passed in M.Cr.C.No.27396/2024.

This is first application filed under Section 483 of B.N.S.S. (S.439 of Cr.P.C.) for grant of bail to the applicants in connection with Crime No. 190 of 2024 registered at Police Station - Sirol, District Gwalior for the offences punishable under Sections 109, 296, 54 and 3(5) of the BNS and sections 25/27 of the Arms Act.

2. Learned counsel for the applicant/accused argued that the applicants are innocent and have been falsely implicated. There is no evidence on record to connect them with the crime. Further submission is that the FIR does not indicate that the applicants were present in the Car. Applicants were arraigned in this case only on account of statement of memorandum. Further submission is that order-sheet of learned trial Court dated 13/9/2024 (Annexure A/2) indicates that until 13/9/2024 no allegations were made against the applicants/accused persons. Even Creta Car does not belong to NEUTRAL CITATION NO. 2024:MPHC-GWL:19418 2 MCRC-45016-2024 the applicants. They are under custody since 21/9/2024. Their custodial interrogation is not required anymore as material investigation has already been concluded. Applicant Aakash is permanent resident of Village Girgaon, Maharajpura, Gwalior, while applicant Rahul is permanent resident of Noorabad, District Morena and there is no likelihood of their absconsion or tampering with the prosecution evdience. They shall abide by all the terms and conditions as may be imposed by this Court. Hence, learned counsel prays for grant of bail to the applicants

By way of this order, I intend to dispose off aforesaid-captioned appeals. These appeals involve similar question of law in the background of identical set of facts.

1 of 9 Neutral Citation No:=2024:PHHC:145543 other connected cases

2. For brevity, the facts are being culled out from from FAO No.1112 of 1988.

3. Instant appeal is directed against judgment dated 26th of August, 2022 passed by Sub Judge, 1st Class, Phagwara exercising powers as ESI Court under ESI Act, 1948 whereby the petition filed under Section 75-78 of the ESI Act, 1948 by the respondent has been allowed.

4. Recovery certificate under Section 45-A was issued and attachment proceedings were initiated against the respondent through Assistant Collector 2nd Grade, Phagwara for recovery of Rs.6690-95 paise. Respondent challenged the demand before ESI Court. It was claimed that the demand raised by the ESI Corporation was based on adhoc assessment without any survey. The demand has been raised w.r.t. 132 KV Sub Station, Phagwara. The same does not fall within the purview of ESI Act as the strength of the staff is only three in number. The staff employed for maintenance like Mali, Sweeper at the Sub Station are on the roles of XEN D/S and not on the roles of KV Sub Station. It was thus claimed that the respondent was not liable to pay any amount towards ESI contribution.

as contained in Memo No. 274 passed by the learned District Magistrate, Nawada to the extent, whereby the claim of the petitioner for his regularization has been turned down.

3. Learned Advocate for the petitioner contended that the petitioner has been working as daily wager against Class-IV Patna High Court CWJC No.2171 of 2019 dt.11-11-2024 post since long. Despite his continuous services for a long period, when his claim has not been considered for regularization, he moved before this Court in C.W.J.C. No. 15428 of 2010. The learned Court having considered the grievance of the petitioner has disposed off the writ petition with a direction to the petitioner to file a representation before the respondent no. 2, the District Magistrate, Nawada, to consider the claim of the petitioner and pass a reasoned and speaking order. Pursuant to the aforenoted direction, the petitioner filed a detailed representation. However, the claim of the petitioner has turned down by Annexure-5 to the writ petition, which is put to challenge.

Brief statement of reasons for the decision

1. This case has been instituted by the complainant, Mr. Pawan Kumar under Section 200 of Cr.P.C. against the accused, Mr. Ved Prakash Dhuria for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "NI Act").

Brief Facts:

2. The substance of the allegations and assertion of the complainant is that the complainant had advanced a friendly loan of Rs. 3,00,000/- to the accused on 09.10.2018 for four months with interest at the rate of 2% per month, given the needs of the accused and cordial relations between them. It is alleged that a loan agreement and receipt dated 09.10.2018 were also executed between the parties. It is further alleged that the accused issued two post-dated cheques, cheque No. 000029 dated 06.04.2021 and cheque No. 000030 dated 06.04.2021 both for a sum of Rs. 2,34,000/- each drawn on Bank, Of India, Pitampura Branch, Delhi in favour of the complainant (hereinafter referred to as the by MEENA MEENA CHAUHAN CHAUHAN Date: 2024.11.11 15:18:42 +0530 "impugned cheque"). After an expiry of four months and despite repeated demands, the accused did not repay the loan amount, then, a legal notice dated 14.03.2019 was sent to the accused to discharge his liability. Then, on instructions of the accused, the complainant presented the impugned cheques at his bank. However, both were dishonoured by the bank for the reasons "Funds Insufficient" vide memos dated 07.04.2021. Then, a demand notice dated 13.04.2021 was sent to the accused's address via Speed Post calling upon him to pay the cheque amounts. Despite the service of notice upon the accused, neither the accused paid the cheque amount nor replied to the notice. Hence, it is alleged that the accused has committed an offence punishable under Section 138 of the NI Act.