ba Ahmaud Arbery's heartbroken mom hopes her son's killers spend the rest of their lives behind bars By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:30:38 GMT Wanda Cooper spoke out over her son's brutal slaying on what would have been his 26th birthday and slammed law enforcement for failing to bring his killers to justice for months. Full Article
ba Piers Morgan admits he has probably 'taken things a bit too far' with his criticism of Meghan Markle By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:40:20 GMT The Good Morning Britain presenter has previously accused the Duchess of Sussex of having 'ditched' her own relatives and splitting her husband Prince Harry from the Royal Family. Full Article
ba Matt Hancock now 'on borrowed time' after battles with Michael Gove, Rishi Sunak and Boris Johnson By www.dailymail.co.uk Published On :: Sun, 10 May 2020 00:44:41 GMT Matt Hancock is living on 'borrowed time' as Health Secretary following clashes with the three most powerful members of the Government over the Covid crisis, The Mail on Sunday has been told. Full Article
ba Police fire pepper balls at crowd of protesters gathered at site of officer-involved fatal shooting By www.dailymail.co.uk Published On :: Sun, 10 May 2020 02:22:34 GMT Several dozen gathered at the intersection of 62nd Street and Michigan Road in Indianapolis on Saturday, where a police officer fatally shot Dreasjon 'Sean' Reed, 21, on Wednesday. Full Article
ba Trump says US will start buying $3billion of agricultural goods from farmers to give to food banks By www.dailymail.co.uk Published On :: Sun, 10 May 2020 04:54:06 GMT President Trump announced the $3billion food buy - part of April's $16billion farmer assistance program - would begin next week, as unemployment continues to soar in the US. Full Article
ba Professional baseball pitcher Mary Pratt, of the Rockford Peaches, has died aged 101 By www.dailymail.co.uk Published On :: Sun, 10 May 2020 05:42:15 GMT Mary Pratt (pictured), who played for the All-American Girls Professional Baseball League teams, The Rockford Peaches and Kenosha Comets in the 1940s, died Wednesday. Full Article
ba Ivan Lendl says tennis 'GOAT' debate will be decided by who wins most Grand Slam titles By www.dailymail.co.uk Published On :: Sat, 09 May 2020 18:41:05 GMT Roger Federer, who will be 39 in August, leads the race with 20 Grand Slam singles titles. Rafa Nadal is hot on his heels with 19 titles, while Novak Djokovic is closing in quickly with 17. Full Article
ba Smt. Subbalakshmi Kurada, ... vs Assistant Commissioner Of Income ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ITA No.2493/Bang/2019 Page 2 of 6 2. We heard the parties and perused the record. During the year under consideration, the assessee sold a residential house property for a sum of Rs.12.75 crores on 06-11-2015. She purchased another residential house property on 17-02-2016 for Rs.11.02 crores. The new house property was purchased in the joint name of the assessee and her son Shri Kurada Sagar Chakravarthy. The assessee claimed deduction of Rs.8.47 crores u/s 54 of the Act towards the cost of new residential house property against the long term capital gain arising on sale of original house property. Since the new residential house property has been purchased in the name of assessee and her son, the AO restricted the deduction u/s 54 of the Act to 50%, i.e., he allowed deduction to the extent of Rs.4.23 crores only. The Ld CIT(A) also confirmed the same and hence the assessee has filed this appeal. Full Article
ba Bank Of India vs Sandeep S/O Sureshchander ... on 20 December, 2019 By indiankanoon.org Published On :: Fri, 20 Dec 2019 00:00:00 +0530 3. Both the Appeals arise out of and are directed against the same order dated 19.5.2018 passed in Complaint No.14/2016 by Shri S V R Srinivas, Principal Seoretary, Information and Technology, Government of Maharashtra in the capacity of Adjudicating Officer (AO) exercising jurisdiction under section 46 of the Information Technology Act,2000, Since parties and the issues are common, both the Appeals have been heard together and shall be governed by this common judgement. 4. The proceedings before the learned AO commenced on filing of a complaint on 14.12.2015 by the complainant, Sandeep Singhal, a businessman residing at Nagpur. The complaint contains all the relevant informations with respect to both the respondents, Bank of India, Rana Pratap Nagar Branch, Nagpur and Vodafone Cellular Ltd., Maharashira, The particulars of claims show that Rs. 18,75,381.41 has been claimed towards actual losses sustained because of alleged negligence of the bank andfor because of negligence of M/s. Vodafone in illegally issuing the duplicate SIM Card to an imposter, Rs. 5 lakhs have been claimed towards actual costs on account of travelling and ldgation expenses etc. Rs 10 lakh has been claimed towards damages on account of mental agonies caused to the complainant. Full Article
ba The Branch Managar State Bank Of ... vs The Managing Director Nakoda ... on 21 January, 2020 By indiankanoon.org Published On :: Tue, 21 Jan 2020 00:00:00 +0530 >. Learned counsel for the appellants has also filed written notes of arguments and in reply a further written note of arguments has been filed by learned counsel for the respondent. The respondent, as an account holder in the State Bank of India (SBI), suffered a loss of Rs. 18,35 lakh through 20 internet transactions and the money was transferred to 20 accounts, all with the SBI. The account holder/complainant filed Petition No. 1 of 2013 before the leamed A.O./Secretary to Government, Information Technology, Electronics and Communications Department, Government of Andhra Pradesh. After hearing the parties in detail and taking into consideration the defence of the Bank, which is the appellants herein, and all the relevant documents, learned A.O. by the impugned order dated 12,3.2014 has allowed claim of the complainant who is respondent herein and directed SBI to pay the entire amount of Rs. 18.35 lakh with interest from the date of loss ie. 13.5.2012 till the date of payment along with the costs of Rs. 39,750.00. The rate of interest is 18% per annum. Admittedly, nothing has been paid by SBI so far. Full Article
ba Gmr/Hyderabad International ... vs Aera And Ors on 4 March, 2020 By indiankanoon.org Published On :: Wed, 04 Mar 2020 00:00:00 +0530 2. The Appellate Tribunal at the relevant time could not take up the appeals because of vacancies in its composition and therefore, the appellant approached the Hon'ble High Court of Hyderabad through a writ petition bearing WP No.22474/2014 to challenge the impugned Tariff Order dated 24.02.2014 and also to seek its suspension/stay. The High Court issued notices and by an order passed on 26.11.2014 it also directed the Registry to requisition/eall for the records of the present appeal. The Appellate Tribunal was also directed to send the records of this appeal which was accordingly sent within time. It may be noted that the High Court did not transfer the appeal to itself but only requisitioned the records. When the Appellate Tribunal began to function, then in the presence of learned counsel for the appellant, vide order dated 26.11.2015, it held that since the Hon'ble High Court has decided to examine the correctness and validity of the impugned Tariff Order challenged in the present appeal, the appeal has been rendered mfructuous. Full Article
ba National Green Tribunal Bar ... vs Union Of India Ors on 29 September, 2014 By indiankanoon.org Published On :: Mon, 29 Sep 2014 00:00:00 +0530 National Green Tribunal Bar Association Through the Secretary Trikoot II Bikaji Cama Palace New Delhi .....Applicant Versus 1. Union of India Through Secretary Ministry of Environment & Forest Prayavaran Bhawan, CGO Complex, Lodhi Road, New Delhi-110003 2. State of Uttranchal Through Chief Secretary Department of Environment and Forest Uttranchal Secretariat, Dehradun Uttrakhand- 248006 3. Divisional Forest Officer IT Cell, PCCF Office, 87-Rajpur Road, Dehradun, Uttrakhand-248001 4. VS Sidhu IPS Officer Police Officers Colony Kishanpur, Dehradun Uttrakhand-24800 .....Respondents Counsel for Applicant: Full Article
ba Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
ba Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
ba Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
ba Satyen Narendra Bajaj vs Payu Payments Private Limited & ... on 29 January, 2020 By indiankanoon.org Published On :: Wed, 29 Jan 2020 00:00:00 +0530 2. The Informant is an individual user/consumer of the services provided by PayU and other e-payment gateways. 3. PayU is a fintech company that provides payment technology solutions to online merchants. It was founded in the year 2002 and has its head-quarter at Hoofddorp, Netherlands. It allows online businesses to accept and process payments through payment methods that can be integrated with web and mobile applications. Further, PayU is the e-payment division of Naspers, a global internet and entertainment group and one of the leading technology investors in the world. Naspers is a leading financial services provider in the global growth markets and is engaged in the business of providing payment gateway services and other digital payment enablement services to both consumers and businesses. It also holds a Non- Banking Financial Company ('NBFC') license in India to offer credit services. Full Article
ba Mr. Ambalal V. Patel vs Central Medical Service Society & ... on 10 February, 2020 By indiankanoon.org Published On :: Mon, 10 Feb 2020 00:00:00 +0530 2. Anti TB Department Mr. K. S. Sachdeva, DDG, Room No. 243-A/523 'C' Wing, Nirman Bhawan Opposite Party No. 2 New Delhi 3. RITES India Ltd. MSM Division, RITES Bhawan-II, 4th Floor, Plot No. 144, Sector-44, Gurgaon-122003 Opposite Party No. 3 Haryana CORAM Mr. Ashok Kumar Gupta Chairperson Ms. Sangeeta Verma Member Mr. Bhagwant Singh Bishnoi Member Case No. 02 of 2020 1 Order under Section 26(2) of the Competition Act, 2002 1. The Information in the present case has been filed by Mr. Ambalal V. Patel (hereinafter, the 'Informant') under Section 19(1)(a) of the Competition Act, 2002 (hereinafter, the "Act") against Central Medical Service Society (hereinafter, the 'CMSS/ Opposite Party No. 1 / OP-1'), Anti TB Department (hereinafter, the 'Opposite Party No. 2 / OP-2') and RITES India Ltd (hereinafter, the 'Opposite Party No. 3 / OP-3'), alleging contravention of the provisions of Section 4 of the Act. Hereinafter, OP-1, OP-2 and OP-3 are collectively referred to as 'Opposite Parties / OPs'. Full Article
ba Bharat @ Bhaku @ Balakram vs State Of Rajasthan-State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan-State, Through Pp ----Respondent For Petitioner(s) : None present. For Respondent(s) : None present. HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Defect pointed out by the office is overruled. Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 185/2019, Police Station Siwana, District Barmer for the offences under Sections 8/15 of the N.D.P.S. Act. Full Article
ba Subash Chandra vs State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. Subash Chandra S/o Ramgopal, Aged About 34 Years, By Caste Jat, R/o Dhani Ratanpura Bypass, Village Chotala, P.s. Sadar Dabawali, District Sirsa. (Presently Lodged At Sub Jail Sanghariya, District Hanumangarh). 2. Manpreet Singh @ Mana S/o Jasveer Singh, Aged About 19 Years, By Caste Jat Sikh, R/o Sanghariya, District Hanumangarh. (Presently Lodged At Sub Jail Sanghariya, District Hanumangarh). ----Petitioners Versus State, Through P.p. ----Respondent For Petitioner(s) : For Respondent(s) : Mr. S.K. Bhati, PP Full Article
ba Balan vs State Of Kerala on 30 April, 2020 By indiankanoon.org Published On :: Thu, 30 Apr 2020 00:00:00 +0530 2. According to the prosecution case, on 22.09.2004, the Excise Party attached to the Thirurangadi Excise Division had found the accused at a place called Nagaram near the Chiramangalam Thirichilangady Road by about 8.30 p.m, carrying a white jerry can having capacity of 25 litres. The accused was accosted and the contents of the jerry can examined, upon which it was found to contain 'wash' used for manufacturing arrack. Thereupon Crl.A.No.1750 of 2007 3 the accused was arrested, 500 ml of wash drawn as sample and the sample bottle sealed. Thereafter, the balance wash in the jerry can was destroyed by pouring it out. On chemical analysis, the sample was found to contain 2.27% by volume of ethyl alcohol. Full Article
ba Bhanumathy Usha vs The Jammu & Kashmir Bank Ltd. on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 "(i) to issue a writ of mandamus or such other writ, order or direction to the respondents 1 and 2 not to proceed against the properties of the petitioners which is not a secured asset of the 1st respondent bank for the debts due from the third respondent. (ii) to issue a writ of certiorari or such other writ, order or direction quashing all proceedings pursuant to Exhibit P1 pending before the Chief Judicial Magistrate Court, Thriruvananthapuram, finding that the property sought to be taken possession is not a secured asset of the 1st respondent. Full Article
ba Need To Provide All Basic Certificates At Village Level Through ... on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 श्री तीरथ सिंह रावत (गढ़वाल) : अध्यक्ष महोदय, मैं आपके माध्यम से माननीय पंचायती राज एवं ग्रामीण विकास मंत्री का ध्यान उत्तराखंड प्रदेश के ग्रामीण क्षेत्रों में परिवार रजिस्टर की नकल एवं जन्म मृत्यु प्रमाण-पत्र को प्राप्त करने में हो रही परेशानियों की ओर आकर्षित करना चाहता हूं, जिसके कारण स्थानीय ग्रामीण जनता परेशान है ।…(व्यवधान) पंचायती राज की नई व्यवस्था से पूर्व गांवों में ग्राम प्रधानों द्वारा अपने ग्राम सभाओं की जनता को परिवार रजिस्टर की नकल एवं जन्म मृत्यु प्रमाण पत्र दिए जाते थे, जिससे बड़ी सरलता और सुगमता होती थी । ई-डिस्ट्रिक्ट प्रणाली लागू होने में कठिनाइयां आई हैं । इसके कारण ग्रामीण जनता को इसे लेने के लिए विकास खण्डों में आना पड़ रहा है । विकास खण्ड स्तर पर परिवार रजिस्टर की नकल आवेदकों को सरलता से प्राप्त नहीं हो रही है । Full Article
ba Shahzada Bano vs State Of J&K And Others on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 Ordered accordingly. (RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. PARAMJEET SINGH 2020.05.06 14:02 I am approving this document Full Article
ba BA1/668/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Ms. Manisha Rana Singh, learned A.G.A. for the State. Learned counsel for the State prays for and is granted two weeks' time to file counter affidavit. List the matter on 26.05.2020. Exemption applicant stands disposed of. (R.C. Khulbe, J.) 06.05.2020 Sukhbant Full Article
ba BA1/502/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Urgency application and Exemption application, to exempt the applicant from filing the affidavit in support of the urgency application and to exempt the applicant from depositing court fees, are filed by the applicant during COVID-19, pandemic lockdown. The urgency application and the exemption application are not opposed by the State. The urgency application is allowed accordingly. The exemption application is accepted with the condition that directions of the Notification No. 86/UHC/Admin.B/2020 dated 11.04.2020 and Notification No. 89/UHC/Admin.B/2020 dated 18.04.2020 of this High Court will be followed by the applicant. The learned Government Advocate requests two weeks' time to file counter affidavit. Full Article
ba BA1/666/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Ms. Manisha Rana Singh, learned A.G.A. for the State. Learned counsel for the State prays for and is granted three weeks' time to file counter affidavit. List the matter on 27.05.2020. Exemption applicant stands disposed of. (R.C. Khulbe, J.) 06.05.2020 Sukhbant Full Article
ba BA1/215/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Mr. J.S. Virk, AGA, for the State. Urgency application (IA 4734 of 2020) is allowed. Let the affidavit of the pairiokar be filed and the court fee be deposited within three days of the opening of the lockdown. Exemption application (CRMA 1160/2020) stands disposed of accordingly. Heard on the bail application. Having been implicated in the Case Crime/FIR No. 20 of 2019, under Sections 420 and 120-B of the IPC and Section 66 of the Information Technology Act, PS Cyber Crime, District Dehradun, the applicant is in jail. Learned Counsel for the applicant would contend that the applicant has been falsely implicated merely on the basis of doubt; applicant was not named in the FIR; two FIRs have been registered on the same cause of action and the appellant has been granted bail in the main case and there is no other pending case against the applicant except these two and he is in jail since 23.9.2019. Full Article
ba BAST/8/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Ms. Manisha Rana Singh, learned A.G.A. for the State. At the request of learned counsel for the State, list the matter on 14.05.2020. In the meantime, learned counsel for the State may file objections. (R.C. Khulbe, J.) 06.05.2020 Sukhbant Full Article
ba BA1/665/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Ms. Manisha Rana Singh, learned A.G.A. for the State. Learned counsel for the State prays for and is granted two weeks' time to file counter affidavit. List the matter on 21.05.2020. Exemption applicant stands disposed of. (R.C. Khulbe, J.) 06.05.2020 Sukhbant Full Article
ba BA1/54/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 List after ten days. (N.S. Dhanik, J.) 06.5.2020 Prabedh Full Article
ba BA1/2623/2019 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Ms. Manisha Rana Singh, learned A.G.A. for the State of Uttarakhand. Mr. Karan Anand, learned Counsel for the complainant. Time extension application has been moved on behalf of the accused. From the perusal of the order dated 07.01.2020, a short term bail for a period of three months commencing from the date of his actual release was granted to the accused by this Court in connection with Crime No.387 of 2019, u/s 420, 406, 504, 506, 323 IPC and Sections 4/5 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978, Registered at P.S. Kotwal, District Dehradun. From the perusal of the order dated 07.01.2020, it is clear that three months time has been completed, but the accused did not file any time extension application before the expiry of three months, hence the accused is directed to surrender himself before the Magistrate on 11.05.2020 at 10:30AM. Full Article
ba BA1/654/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Mr. Pratiroop Pandey, AGA for the State. This matter is heard through Video Conferencing. Learned counsel for the State prays for and is granted three weeks' time to file counter affidavit. List thereafter. (Ravindra Maithani, J.) 06.05.2020 Jitendra Full Article
ba BA1/653/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 The applicants Mohd. Shfique and Nadeem, who are in custody, in connection with FIR No. 43 of 2020, under Sections3/5/11(1) of Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Pulbhatta, District Udham Singh Nagar have sought their release on bail. As per the prosecution, on 07.03.2020, 80 Kg. beef was recovered from the custody of the applicants. Applicants Mohd. Shfique and Nadeem were arrested at the spot. Learned counsel for the applicants would submit that the FIR is delayed; there is no public witness and no FSL report. It is argued that applicants have no criminal history. Learned State Counsel also admits that there is no criminal history of the applicants. Full Article
ba BA1/590/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Mr. Pratiroop Pandey, AGA for the State. This matter is heard through Video Conferencing. The applicant Pawan, who is in custody, in connection with Case Crime No. 249 of 2019, under Section 380, 411, 34 of IPC, Police Station Bahadrabad, District Haridwar has sought his release on bail. It is argued that co-accused Amit @ Romi has been granted bail, who has a similar role. Learned counsel for the State would admit that the co-accused, whose role is similar, has been granted bail. Having considered all the facts and circumstances of the case, this Court is of the view that it is a fit case for bail. The bail application is allowed. Let the applicant, namely, Pawan, be released on bail, on his executing a personal bond and furnishing two sureties, each of the like amount to the satisfaction of the court concerned. Full Article
ba BA1/580/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 This first bail application has been filed for regular bail in connection with the F.I.R. No. 3 of 2020, registered with the Police Station Mukhteshwar, District Nainital for the offence punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as, "the Act, 1985"). Facts, to the limited extent necessary, are that an F.I.R. was lodged on 19.02.2020 by S.O. Kuldeep Singh that while he was on daily routine duty along with other police personals in order to maintain law & order, an information was received that a person was coming with illicit Charas. The informant informed the Circle Officer of the Police. After that, the applicant came there. He was searched in the presence of the Circle Officer. On search, 750 grams Charas was recovered from his jacket. Full Article
ba BA1/546/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 The exemption application, to exempt the applicant from filing the affidavit, has been filed by the applicant during COVID-19, pandemic lockdown with short term bail application. The exemption application is not opposed by the State. The exemption application is allowed with the condition that directions of the Notification No. 86/UHC/Admin.B/2020 dated 11.04.2020 of this High Court will be followed by the applicant. The regular bail application no. 546 of 2020 is pending before this Court. The applicant is in custody since 10.02.2020 in connection with the F.I.R. No. 1 of 2020, registered with the Police Station Baijnath, District Bageshwar, for the offences punishable under Sections 306 and 498-A of the I.P.C. Full Article
ba BA1/14/2020 on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 This first bail application has been filed for regular bail in connection with the Case Crime No. 270 of 2018, registered with the Police Station Kotwali Manglour, District Haridwar for the offences punishable under Sections 420, 323, 504 & 307 of the I.P.C. On 04.05.2018, the informant lodged an F.I.R. alleging that about two years ago, he came in contact with the present applicant and co-accused Dinesh. They told him that they were in business of sale- purchase of Diamonds through their company "J.J. Company" at Delhi. On instigation, the informant gave money time to time to the accused persons. He gave total Rs. 60,60,000/- to the co-accused persons. They assured to return the money, however, even after two years, his money has not been returned. On 01.03.2018, the informant pressurized the accused persons to return his money, on which, the informant was being called on 03.05.2018 at Ulhera Bagh, where the applicant and co-accused persons abused and threatened him, the present applicant assaulted him through a Balkati and other co-accused persons assaulted with kicks and fists. Full Article
ba Bahadur@Bahaduriya S/O Shri ... vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 For State : Mr. S.K. Mahala, PP. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020 1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court. 2. Petitioner has filed this bail application under Section 439 of Cr.P.C. 3. F.I.R. No.242/2014 was registered at Police Station Thanagazi Alwar for offence under Sections 457, 380 of I.P.C. 4. It is contended by counsel for the petitioner that similarly situated co-accused has been enlarged on bail. Petitioner is in custody for last one and a half years. Criminal antecedents pointed out against the petitioner are prior to the year 2014. Full Article
ba Dharmraj S/O Balkishan vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 This Court further finds that on 17th April, 2020, this Court had also made efforts to contact to the lawyer but he did not respond. Accordingly, this Court is left with no other option except to adjourn this case. This Court also finds that if learned counsel has moved an application for listing of the bail application, he is expected to be available on either mode of communication with him. Full Article
ba 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
ba 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
ba Banashree Neogi & Anr vs Soma Ghosh & Ors on 8 April, 2020 By indiankanoon.org Published On :: Wed, 08 Apr 2020 00:00:00 +0530 (Through Video Conference) Ms. Banashree Neogi (in person) ...plaintiff no.1 Mr. Megnath Datta, Adv. ...for added defendant no.3 The Court : The plaintiff no.1 appears in person on video conferencing. The added defendant no.3 is represented by Mr. Megnath Datta, Advocate via video conferencing. It is the allegation of the appearing plaintiff that the principal property involved in this partition and administration suit is under serious threat and trespassers are seeking to enter upon the same. Such position is denied on behalf of the appearing defendant. 2 Full Article
ba Pashupati Roy & Anr vs Debanath Dey on 16 April, 2020 By indiankanoon.org Published On :: Thu, 16 Apr 2020 00:00:00 +0530 To the mind of this Court, the Bank is only to perform a ministerial task subject to directions in the application. To the further mind of this Court, it would be appropriate that the Intending Purchaser who also stands to be affected qua its liquidify position arising out of the present crisis be given the opportunity to ventilate views before the Hon'ble Court as early as possible. On the other hand, the present crisis also affects the functioning of the Free School which is claimed to be surviving on the interest earned out of the said Fixed Deposits paid by the Intending Purchaser, as well as the ability of the Trustees to quickly find a new purchaser. Therefore, having regard to the interests of all under the present conditions of a pandemic as well as the balance of convenience, it is directed for the present that the Intending Purchaser shall not insist on the Refund of the Fixed Deposits/Consideration Money till normalcy returns. The Intending Purchaser shall, on the return of normalcy, write to the Learned Receiver invoking the Refund. On receipt of such 4 communication the Learned Receiver shall take apropo steps, including seeking a time limit from the appropriate Court. Full Article
ba Banashree Neogi & Anr vs Soma Ghosh & Ors on 16 April, 2020 By indiankanoon.org Published On :: Thu, 16 Apr 2020 00:00:00 +0530 That another co-owner namely Soma Ghosh resides in the 1st floor South East corner of the said premises. It is come off from the said suit premises that there have three tenants residing since long. One namely Prabir Paul (55) S/o- Late Ajay Paul resides in Ground floor North-West side of the premises. Tenant Krishna Dhar (73) W/o- Late Debabrata Dhar residing south portion of the said premises and Shambhu Das & his brother Alok Das are residing at the front portion 2nd floor of the said building as tenants since long. In course of present enquiry at the scheduled property i.e. 13, Kaliprosad Chakraborty Street, Kol-03 nothing unusual was found in respect of possessions, occupied by the co-owners and the tenants. Full Article
ba Banashree Neogi & Anr vs Soma Ghosh & Ors on 21 April, 2020 By indiankanoon.org Published On :: Tue, 21 Apr 2020 00:00:00 +0530 (Through Video Conference) Appearance: Ms. Banashree Neogi (in person). Mr. Meghnad Dutta , Adv. Mr. Arindam Paul , Adv. ... for the added defendant no.3 Mr. D. K. Chandra, Adv. ... for defendant nos.3(i) & 3(ii). The Court: It appears that by the order dated April 16, 2020, the parties were directed to file their respective affidavit in the application filed by the plaintiffs. The said order also records that in view of the subsisting interim order, the petitioners' interest in respect of the suit property is already protected. There was no direction that the application would be appearing before this Court today. This is also not disputed by the parties. Full Article
ba Kapilaben Ambalal Patel Heirs Of ... vs The State Of Gujarat Revenue ... on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 1. This appeal takes exception to the judgment and order dated 26.4.2011 passed by the Division Bench of the High Court of Gujarat at Ahmedabad1 in Letters Patent Appeal (LPA) No. 233/2006, whereby, the writ petition being Special Civil Application No. 12602/2001 filed by the appellants came to be dismissed whilst setting aside the judgment and order dated 21.12.2005 passed by the learned single Judge of the High Court in the said writ petition. By the said writ petition, the appellants had sought following reliefs: Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.05.06 “8. The petitioners pray that this Hon’ble Court be 16:03:09 IST Reason: Full Article
ba Punjab National Bank vs Atmanand Singh on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 1. Leave granted. 2. This appeal takes exception to the judgment and order dated 23.2.2017 passed by the Division Bench of the High Court of Judicature at Patna1 in Letters Patent Appeal (LPA) No. 310/2009, whereby, the LPA filed by the appellants came to be dismissed while affirming the decision of the learned single Judge, dated 10.2.2009 in allowing the Civil Writ Jurisdiction Case (CWJC) No. 867/1999. Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.05.06 16:03:08 IST Reason: 1 For short, “the High Court” 2 3. The Division Bench took note of the relevant background facts necessitating filing of writ petition by the respondent No. 1 for a direction to the appellantBank to pay his lawful admitted claims in terms of agreement dated 27.5.1990 (Annexure 5(b) appended to the writ petition) and also to deposit the incometax papers with immediate effect. The Division Bench has noted as follows: “4. The facts of the case is that the writ petitioner had taken a term loan of Rs.10,000/ from the Bank by way of financial assistance to run a business in the name of “Sanjeev Readymade Store” from Haveli Kharagpur Branch of Punjab National Bank in the district of Munger. The writ petitioner was paid the said sum of Rs.10,000/ in two instalments of Rs.4,000/ on 21.07.1984 and Rs.6,000/ on 01.10.1984. The writ petitioner had yet another savings account in the same branch of the respondentsbank. However, on 14.02.1990, the term loan with interest had mounted upto a figure of Rs.13,386/. In 1989, the writ petitioner, who is Respondent no. 2 in the appeal, was granted two cheques of Rs.5,000/ each by the Circle Officer, Haveli Kharagpur under the Earthquake Relief Fund. The said two cheques were deposited with the Bank for encashment in the other savings account, but instead, were transferred to the loan account. This was done without any authorization of the writ petitioner and without direction of any competent authority. Some time thereafter, the writ petitioner’s son was afflicted by cancer, which required immediate treatment at All India Institute of Medical Sciences, New Delhi. In order to meet the expenses of the treatment, writ petitioner sold 406 bhars of gold jewellery of his wife’s “stridhan” and received Rs.14,93,268/. He approached the branch of the respondentsbank with a sum of Rs.14,93,000/ on 04.08.1989 for issuance of two bank drafts, one in his name and the another in the name of his wife. The then Accountant, Mr. T.K. Palit showed his inability to prepare the drafts on the ground of shortage of staff on that day and requested the writ petitioner to deposit the amount in the savings account No. 1020 in the said 3 branch. The Accountant, after receipt of the money, transferred total amount of Rs.15,03,000/ to the loan account, whereas in the loan account upto 14.02.1990 outstanding dues of principal and interest was only Rs.13,386/. The writ petition made grievance before the Branch Manager of the said branch and also filed representations before the Bank authorities. Thereafter, the writ petitioner approached the District Magistrate, Sri Nanhe Prasad, who ordered the then Circle Officer, Haveli Kharagpur, District Munger, Sri Binod Kumar Singh to make a detailed enquiry into the matter and report. Accordingly, a Misc. Case No. 4 (DW 1) PNB/198990 was initiated and in those proceedings, various officials of the Punjab National Bank, including the then Branch Manager, District Coordination Officer of the Punjab National Bank and the Accountant of the Bank were examined from time to time and reports were submitted to the District Magistrate, Munger. Several witnesses were examined even by the District Magistrate, Munger. There were officers from the Regional Office of the Punjab National Bank, one of them being Sri Tej Narain Singh, the Regional Manager of the Punjab National Bank, Regional Office, PatnaB also deposed making reference of what had transpired to the Zonal Office of the Bank. On the basis of these statements, which were recorded by the Circle Officer and / or by the then District MagistratecumCollector, Munger, Sri Gorelal Prasad Yadav, the matter proceeded. The basic assertion of the writ petitioner having been found correct and the liability having been accepted by the respondentsbank, it was reduced to an agreement dated 27.05.1990, which is Annexure5B to the writ application between the parties. The agreement was signed by one and all in presence of the Circle Officer and the overall supervision of the District Magistrate. It was duly recorded in writing that the bank had received the deposit amounting to Rs.15,03,000/ as per deposits made on 02.08.1989, 04.08.1989 and 04.10.1989. It was also recorded that the total term loan and the liability of the writ petitioner up to 14.02.1990 came to Rs.13,386/ only and the amount of Rs. 14,89,614/ of the writ petitioner would be kept in the Fixed Deposit of the bank and shall be paid with interest by September, 1997. The writ application was filed, when the bank refused to honour this agreement. In support of the writ application, certified copies of the entire proceedings, depositions as had been obtained by the writ petitioner in the year 1990 were annexed.” 4 The appellantBank contested the said writ petition and raised objections regarding the maintainability of the writ petition and disputed the money claim set up by the respondent No. 1 on the basis of alleged contractual agreement dated 27.5.1990. The appellantBank denied the allegation of transfer of proceeds of two cheques of Rs.5,000/ (Rupees five thousand only) each, allegedly received by the respondent No. 1 from the district authorities, to the loan account. The Bank also denied the allegation of deposit of Rs.14,93,000/ (Rupees fourteen lakhs ninetythree thousand only) by the respondent No. 1 in his Savings Fund Account No. 1020 or transfer of the said amount in his loan account. Further, on receipt of complaint from the respondent No. 1, the Regional Manager of the appellantBank instituted an internal enquiry conducted by Mr. N.K. Singh, Manager, Inspection and Complaints, E.M.O., Patna, who in his report dated 23.11.1998 noted that the respondent No. 1 had been paid the proceeds of two cheques of Rs.5,000/ (Rupees five thousand only) each in cash and there is no record about the deposit of Rs.14,93,000/ (Rupees fourteen lakhs ninety three thousand only) in his account with the concerned Branch. The appellantBank explicitly denied the genuineness and existence 5 of the documents annexed to the writ petition and asserted that the same are forged, fabricated and manufactured documents. The Bank also placed on record that the respondent No. 1 had filed similar writ petition against another bank, namely, the Munger Jamui Central Cooperative Bank Limited being CWJC No. 4353/1993, which was eventually dismissed on 7/3.7.1995, as the claim set up by the respondent No. 1 herein in the said writ petition was stoutly disputed by the concerned Bank. Full Article
ba Patal Paul And Anr vs Keshor Singh Barman And 4 Ors on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. None entered appearance on behalf of the petitioners. Further service report on the respondent Nos. 2 to 5 is yet to be received by the Registry. Accordingly, list after three weeks on a date to be fixed by the Registry. JUDGE Comparing Assistant Full Article
ba Junmani Barman And Anr vs The State Of Assam on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 JUDGE Comparing Assistant Full Article
ba Batri Khan vs The State Of Madhya Pradesh on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 Heard the learned counsel for the parties. The applicant has filed this first application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Maharajpura, District Gwalior in connection with Crime No.162/2020 registered in relation to the offence punishable under Section 49(A) of Excise Act. It is alleged by the counsel for the applicant that 5 liters of country made liquor is said to have been seized from the present applicant. He was not arrested on the spot. Investigation is over in the matter and charge sheet has been filed on 23.3.2020. He is in custody since 12.03.2020 and prays for grant of bail. Per contra, counsel for the State has opposed the bail application submitting that the report from the FSL has been received and the liqour seized from the present applicant was found to be 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13147/2020 (Batri Khan vs. State of M.P.) harmful for human consumption. However, factum of completion of investigation and filing of charge sheet could not be disputed. There is no criminal history of the present applicant. Full Article