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(08.11.2024)

01. Petitioner claiming to be owner of land measuring 3 Kanals comprising of Khasra Nos. 210 (02-00) & 216 (01-

00) situated at Phalyana, Tehsil & District Rajouri, which on requisition has been under the occupation of respondent Nos. 1 to 5 ever since the year 1961/62 and that the petitioner as owner of the land, had been receiving the settled rent for use of the land by the respondent Nos. 1 to 5, from the Collectorate.

02. Learned counsel for the petitioner submits that with the coming into effect of the Jammu & Kashmir Reorganization Act, 2019 on 31.08.2019, the State of Jammu and Kashmir was organized into two Union Territories of Jammu & Kashmir and Ladakh, and in terms of Section 95(2) of the aforesaid Act, all the laws mentioned in the 5th Schedule applicable to the existing State of Jammu & Kashmir, immediately before the appointed day were made applicable in the manner provided in the 5th Schedule; that the Requisition and Acquisition of Immovable Property Act, 1968 (State Act), was mentioned at serial no. 133 in TABLE-3 of 5th Schedule which contained the enactments which stood repealed correspondingly Requisition and Acquisition of Immovable Property Act, 1952 (Central Act) was made applicable. He further submits that the Central Act provides for a limitation of 17 years for holding the property on requisition and on expiry of 17 years from the date of occupying the property under occupation is either to be acquired in view of the law applicable or its possession is to be handed over to the owner.

1. By the present petition, the petitioner challenges the proceedings in Complaint Case No. 476576/2016 filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act').

2. The complaint was filed alleging that the petitioner and other co-accused persons, acting on behalf of the accused company namely M/s Fresco Foods Pvt. Ltd., entered into an agreement dated 12.03.2009 with the complainant whereby the respondent disbursed a sum of ₹1,60,00,000/- as a venture capital amount to the accused. This venture capital assistance was refundable upon the full repayment of the term loan. It is the case of the respondent that the accused undertook that in the event of the venture capital amount not being refunded on the same date as that of the repayment of the term loan from the bank, the same would attract interest at the same rate as that being charged by the bank for the term loan.

1. The present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 ('CrPC') challenging the judgment on conviction dated 18.11.2023 (hereafter 'the impugned judgment') and order on sentence dated 11.01.2024 (hereafter 'the impugned order on sentence'), passed by the learned Additional Sessions Judge, Tis Hazari Courts, Delhi, in SC No. 103/2017 (Old SC No. 39/2017) arising out of FIR No.732/2016, registered at Police Station Punjabi Bagh.

2. The learned Trial Court by the impugned judgment has convicted the appellant for the offences under Section 10 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'), Sections 354/354B of the Indian Penal Code, 1860 ('IPC'), Section 18 of the POCSO Act read with Section 6 of the POCSO Act, Section 511 of the IPC read with Section 376 of the IPC as well as Section 506 of the IPC.

1. Heard learned counsel for the parties.

2. The instant Criminal Appeals under Section 374 (2), Cr.P.C. have been filed by the appellants impeaching the judgment and order 10.11.2008 passed by the Additional Sessions Judge/F.T.C., Shravasti in Sessions Trial No. 6/2006 (State vs. Dharmendra Kumar & another) arising out of Case Crime No. 135/1997, under Section 25 Arms Act, P.S. Ikauna, District Shravasti thereby convicting and sentencing the appellant under Section 25 Arms Act for two and a half years rigorous imprisonment with fine of Rs. 30,000/- and in default of payment of fine five months' additional rigorous imprisonment.

3. An FIR was lodged on 25.06.1997 at Police Station- Ikauna, District- Shravasti registered as Case Crime No. 135/1997, under Section 307 IPC and Section 7 of Criminal Law Amendment Act and Section 25 Arms Act against the accused-appellant and Jitendra Kumar @ Guddu. As per the FIR, the case of the prosecution, in nutshell, is that on provocation of accused Jitendra Kumar @ Guddu, the appellant opened fire with country made pistol, which was recovered from the possession of the appellant, on police party. In this incident, no one sustained firearm injury.

This is the first application filed by the applicant under Section 438 of Cr.P.C, 1973 (Section 482 of BNSS, 2023) for grant of anticipatory bail relating to FIR No.401/2024, dated 07.09.2024, registered at Police Station Ashoka Garden, District Bhopal (M.P.) for commission of offence under Sections 296, 115, 118(1), 110, 3(5) of BNS, 2023 and Section 25 of the Arms Act. Applicant apprehending his arrest in the aforesaid offence has knocked at the portal of this Court for grant of anticipatory bail.

2. As per the prosecution story, on 06.09.2024, applicant/accused caused injury to Anuj by means of some blunt and hard object while her son Abhishek caused injury by means of knife to the complainant party. FIR was registered.

:

The Complainant filed an (offline) RTI application dated 20.05.2023 seeking the following information:

"I am enclosing herewith a Photocopy letter dated 25/9/23 regarding Departmental Grocery Card No CAO 5112259933/201N0o., which was not activated by the Aligarh Depot due to which I Could not got my necessary groceries items. Recognizing this I need information & copies of documents as per following points:-

1. Please intimate the date of receipt of aforesaid letter

2. Please provide a certified photocopy of aforesaid letter

3. Please provide the information regarding action taken on my above letter by the appropriate authority since the date of issuing to this date.

:

The Complainant filed an (offline) RTI application dated 20.05.2023 seeking the following information:

"I am enclosing herewith a Photocopy letter dated 25/9/23 regarding Departmental Grocery Card No CAO 5112259933/201N0o., which was not activated by the Aligarh Depot due to which I Could not got my necessary groceries items. Recognizing this I need information & copies of documents as per following points:-

1. Please intimate the date of receipt of aforesaid letter

2. Please provide a certified photocopy of aforesaid letter

3. Please provide the information regarding action taken on my above letter by the appropriate authority since the date of issuing to this date.

:

The Appellant filed an (offline) RTI application dated 06.05.2023 seeking the following information:

"1. प्रार्थी की पत्नि श्रीमति पायल शमाा के ईलाज में बेस हात्पपटल में दी गयी दवाइयो का समपि वववरण उपलब्ध कराये और यह भी अवगि करायें कक दी गयी दवाईयाां ककस बबमारी से सम्बत्धधि है ? जिवरी 2019 से ददसम्बर 2019 का समपि ररकार्ा उपलब्ध करायें।

2. अपीलीय अधधकारी का िाम व पिा अवगि कराये ?"

Page 1 of 5

The CPIO furnished a reply to the Appellant on 19.05.2023 stating as under:

"आपके द्वारा उपरोक्ि पत्र के पैरा 1 के अिुसार माांगी गई जािकारी को आरटीआई अधधतियम 2005, धारा ३, ६ (ⅰ), ८ (i) (ई) और धारा ११ के प्रावधािों के िहि िहीां ददया जा सकिा।"

4. In brief, the present appeal arises out of the dismissal of the appellant's suit under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights.

5. Learned counsel for the appellant submits that in the event the divorce suit subsequently initiated by the wife is decided, the same may prejudice the outcome of the present appeal.

6. That apart, the divorce suit was initiated by the wife subsequent to the initiation of the husband's suit for restitution of conjugal rights.

7. Accordingly, apart from the husband otherwise being entitled to an order of stay in lieu of the circumstances as indicated above, the principle of Section 10 of the Code of Civil Procedure may also be deemed to be applicable in the present case.

1. Challenging the impugned proceeding being GR Case no. 1238 of 2021, arising out of Lake Town police station case no. 263 of 2021, petitioners have preferred the present Application with a prayer for quashing the said proceeding, qua the petitioners herein.

2. Petitioner contended in the Application that complainant stated in the FIR (First Information Report) that the opposite party no.2/FIR maker was introduced to Mr. Sanjoy Kumar Agarwal by one Subhash Kumar Roy and one Samaresh Das and relying upon the representation that the said Sanjoy Kumar Agarwal is a developer, the petitioner expressed his desire to join Mr. Agarwal as partner in his firm and thereafter Mr. Agarwal took the opposite party as a partner with him in his partnership firm namely "Shree Krishna Realtors". It is alleged that relying upon said representation the opposite party no.2 along with aforesaid person entered into a registered development agreement dated 18.12.2016 and it is further alleged that when the construction work commenced, said Sanjay Kumar Agarwal took control of the project and also taking advantage of the same took custody and control of the bank account, cheque books, vouchers papers etc. It has been further alleged that the opposite party No. 2 from time to time deposited money in the accounts of his said partner Sanjoy Kumar Agarwal but he did not cooperate with the opposite party no.2 herein /FIR maker and not only that said Sanjay had made huge withdrawal of funds and also misappropriated the funds of the firm amounting to Rs. 40 lacs in between August 2016 to March 2020 on the basis of false and fabricated documents and thereafter retired from the said firm on 17th November, 2020. The allegation against the present petitioners is that said Sanjay and the petitioners are jointly fraudulently took advance money from different buyers pertaining to the said project but neither executed deed nor refunded refundable money.

Money is a sticking point in climate-change negotiations around the world. As economists warn that limiting global warming to 1.5 degrees Celsius will cost many more trillions than anticipated, WSJ looks at how the funds could be spent, and who would pay. Illustration: Preston Jessee/WSJ

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Lincoln : University of Nebraska Press, [1998]

Berlin ; Boston : De Gruyter, [2023]

Manchester : Manchester University Press, [2020]

Cambridge, United Kingdom ; New York : Cambridge University Press, 2023.

Abingdon, Oxon ; New York, NY : Routledge, 2018.

Winwick, Cambs. : The White Horse Press, 2022.

New York, NY : Oxford University Press, [2020]

Manchester : Manchester University Press, [2019]

Ciudad de México : Bonilla Artigas Editores ; Universidad Autónoma del Estado de Morelos, 2020.

London : Nick Hern Books, 2023.

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2024.