mp Cp Cell, Directorate General ... vs M/S Ncfd & Others on 21 February, 2020 By indiankanoon.org Published On :: Fri, 21 Feb 2020 00:00:00 +0530 2. The Informant in the present case had floated a Tender No. A/59919/Shirt Khakhi/DGOS/OS-PII/Proc Sec, dated 19.06.2017 for procurement of 1,38,251 Shirt Man's Cellular Cotton 1973 Pattern (Modified) Khaki ("Item"). The Informant has stated that out of 14 firms which participated, only 09 qualified for the opening of their commercial bids. 3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said four firms (Opposite Parties). As submitted by the Informant, details of the bid are reproduced in the table below: Table 1: Details of Bidders S. No Firm Name Rate (in Rs) Status Full Article
mp Cp Cell, Directorate General ... vs M/S Avr Enterprises & Other on 21 February, 2020 By indiankanoon.org Published On :: Fri, 21 Feb 2020 00:00:00 +0530 Ref. Case No. 05 of 2019 1 2. The Informant in the present case had issued RFP for procurement of Cloth Cotton Pagdi for quantity of 7,42,426 Mtrs and Mattress MK-II (Improved Version), quantity 57,761 (in numbers). The Informant has stated that out of 04 firms which participated, only 03 firms could qualify for opening of commercial bids for Cloth Cotton Pagdi and out of 10 firms only 04 could qualify for opening of commercial bid for mattress. The tender for procurement of Cotton Pagdi was floated on 22.10.2018, and for Mattress was floated on 08.11.2018, respectively. 3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said two firms. As submitted by the Informant, details of the bid are reproduced in the table below: Full Article
mp Cp Cell, Directorate General ... vs M/S Hp State Handicraft & Handloom ... on 21 February, 2020 By indiankanoon.org Published On :: Fri, 21 Feb 2020 00:00:00 +0530 2. The Informant in the present case had floated a Request for Proposal ("RFP") No. A/59876/Durries/ Clo-1/DGOS/OS-PII/Proc Sec dated 15.12.2015 for procurement of 8,18,009 Durries IT OG ("Item"). 3. The Informant averred that 09 firms participated in the said tender including Standard Gram/OP-2 and out of the said 09 firms, only 06 qualified for opening of commercial bids. As stated by the Informant, Standard Gram/OP-2 could not qualify in technical evaluation as the firm was not registered with Association of Corporations and Apex Societies of Handlooms/Khadi Village Industries Commission ("ACASH/KVIC") which was a pre-requisite. It is further stated that while the contract was under progress, Standard Gram/OP-2 merged with Integrated Defence/OP-3. Subsequently, the L1 firm (HP Handicraft/OP-1) sublet the manufacture of the Item to Integrated Defence/OP-3 vide Letter No. HPSHHC:173/10(EM)/Durries/838081 dated 23.03.2018. Full Article
mp Rubtub Solutions Pvt. Ltd vs Makemytrip India Pvt. Ltd. (Mmt) & ... on 24 February, 2020 By indiankanoon.org Published On :: Mon, 24 Feb 2020 00:00:00 +0530 2. The Informant, a company incorporated in May, 2015, has been operating under the brand name of Treebo Hotels' and is in the business of providing franchising services to budget hotels in India. In addition to this, Treebo also provides service to numerous independent budget hotels who partner with it under its newly launched 'Hotel Superhero' scheme. Under the said scheme, Treebo only provides services such as hotel management technology services, listing on its platform and other online travel aggregators, credit facilities, support and quality control of the staff and hotel management resources etc. but does not provide its brand name. 3. MMT is an Online Travel Agency (OTA) engaged in the business of providing travel and tourism related services in India. It is a part of MakeMyTrip group of companies (MMT Group). OYO, on the other hand, provides budget accommodation to customers and is in the market for providing franchising services to budget hotels under the brand name 'OYO'. Full Article
mp In Re: Cartelisation In The Supply ... vs Bridgestone Corporation, Japan & ... on 26 February, 2020 By indiankanoon.org Published On :: Wed, 26 Feb 2020 00:00:00 +0530 1. The present case pertains to alleged cartelisation amongst certain parties in relation to Requests for Quotations ('RFQs') issued by certain Automobile Original Equipment Manufacturers ('OEMs') for supply of (i) Anti-Vibration Rubber Products ('AVR Products'); and (ii) Automotive Hoses (Water and Fuel) ('Hoses'). Suo Motu Case No. 01 of 2016 1 PUBLIC VERSION 2. The case commenced upon receipt of certain information under the provisions of Section 46 of the Competition Act, 2002 (the 'Act') read with the Competition Commission of India (Lesser Penalty) Regulations, 2009 (the 'LPR') which disclosed that two or more of the following companies had exchanged information and/ or reached agreements amongst themselves, as to who would supply AVR Products and Hoses in response to the RFQs issued by certain Automobile OEMs: Full Article
mp Court On Its Own Motion vs Govt Of Nct Of Delhi & Anr on 9 May, 2020 By indiankanoon.org Published On :: Sat, 09 May 2020 00:00:00 +0530 This Suo-Moto Writ Petition has been taken up pursuant to a note dated 07.05.2020 of Registrar General, which was put up before Hon'ble the Chief Justice on 08.05.2020 and as directed, the same has been listed before this Division Bench today. We have perused the file and have heard Mr. Rahul Mehra, Ld. Standing Counsel (Criminal) for Government of NCT of Delhi and Mr. Sandeep Goel, Director General (Prisons). It has been noticed that for effective implementation of the directions issued by Hon'ble Supreme Court of India in Suo Moto Petition (Civil) W.P. (C) 3080/2020 Page 1 of 3 No.1/2020-In Re: Contagion of COVID-19 Virus in Prisons vide its orders dated 23.03.2020 and 13.04.2020, a High Power Committee (HPC) was constituted by High Court of Delhi to decongest the Jails to prevent the spread of COVID-19 (Novel Corona Virus) and as per the recommendations of this Committee dated 28.03.2020, 07.04.2020 and 18.04.2020 and on the basis of orders in WP (C) No.2945/2020 titled as "Shobha Gupta & Ors. vs. Union of India & Ors.", 2177 Under Trial Prisoners (UTPs) were released on interim bail for a period of 45 days from the date of their respective release. Full Article
mp Western India Cashew Company vs The Branch Secretary on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 2. Brief facts necessary to be noticed for deciding this petition are that in the above dispute raised under the provisions of the Industrial Disputes Act, 1947, the Labour court was called upon to adjudicate a reference wherein the issue was "whether the denial of employment of Smt.Ramani Amma, Smt.Geetha.G. and Geetha.R, who were employees of Western India Cashew Company, was justifiable and if it was found otherwise, the relief for which they were entitled to." 3. The case of the Union, which espoused the cause of the workers, was that the delinquent workers were employed by the management in their packing centre at Puthentheruvu, Karunagappally. Since 26.10.2012 was a public holiday owing to Bakrid, the factory was closed. On 27.10.2012, when the workers reached the factory, they were denied employment by the Management. The Union raised an industrial dispute and the matter reached the District Labour Officer, who convened a conference. In the meantime, a WP(C) No.12490/2018 3 show cause notice was issued to the workers and consequently on 2.11.2012, the workers were suspended from service pending enquiry. An enquiry officer was appointed who proceeded with the enquiry and submitted a report with the finding that the workers were guilty of all charges. Banking on the said report, the workers were dismissed from service with retrospective effect. According to the Union, the enquiry which was conducted was a farce and is therefore vitiated. The principles of natural justice were violated and the management failed to bring home the charge. They also contended that the punishment imposed was grossly disproportionate to the nature of charges levelled against the workers. Full Article
mp 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
mp Discussion On Crop Loss Due To Various Reasons And Its Impact On ... on 5 December, 2019 By indiankanoon.org Published On :: Thu, 05 Dec 2019 00:00:00 +0530 संसदीय कार्य मंत्रालय में राज्य मंत्री तथा भारी उद्योग और लोक उद्यम मंत्रालय में राज्य मंत्री (श्री अर्जुन राम मेघवाल): सभापति महोदया, हम एग्रीकल्चर के विषय पर नियम 193 की चर्चा दो-तीन दिनों से लगा रहे हैं । मैं आपसे अनुरोध करना चाहूंगा कि उसको पहले ले लिया जाए, क्योंकि वित्त मंत्री जी दूसरे हाउस में टैक्सेशन लॉ में बिजी है, इसलिए इसके बाद उस विषय को ले लिया जाए । माननीय सभापति: ठीक है, नियम 193 के अधीन चर्चा शुरू की जाए । श्री कोडिकुन्नील सुरेश जी । SHRI KODIKUNNIL SURESH (MAVELIKKARA): Hon. Chairperson, thank you for giving me this opportunity to raise a discussion under Rule 193 on the topic `Crop loss due to various reasons and its impact on farmers’. At the outset I would like to submit that the Government has no intent, desire, and genuine concern towards addressing the issues of farmers in the country. The notice I gave for this discussion read -- `Agrarian crisis and farmers’ distress’. The Government did not accept the language in which I submitted my notice for this discussion, instead have formulated the language for the discussion in another way. The Government chose to ignore the topic that would have exposed the failure of the BJP Government to the public. The Government formulated another language which read -- `Crop loss due to various reasons and its impact on farmers’. They have not chosen the straight path but instead have taken a circuitous route to deviate from the core issue. But this anti-farmer and anti-agriculturist attitude of the BJP Government thus stands exposed in this House as the Modi Government is afraid of facing the truth of deeply disturbing agrarian crisis engulfing the country by refusing to address the real concern. The Congress and other like-minded parties decided to raise this issue in this august House. Full Article
mp Request The Government To Inquire The Collapse Of Compound Wall At ... on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 माननीय अध्यक्ष: श्री ए.राजा जी । राजा जी का दूसरा विषय है । SHRI A. RAJA (NILGIRIS): Sir, a tragic incident happened in the early hours of Monday, the 2nd December 2019 at Nadoor Village near Mettupalayam Municipality in my constituency. A compound wall constructed by a private individual had collapsed, instantly killing 17 Scheduled Castes people, including children. The fact remains that the villagers had on several occasions complained to the district administration and the State Government with regard to the danger posed by the compound wall. The incident led to scores of people, including relatives of the deceased and the members of the pro-Dalit organisations like Tamil Tigers and other political parties protest against the district administration and pressing for reasonable demand to accommodate them inside the Mettupalayam Government Hospital Campus. Full Article
mp Chaman Lal & Ors vs State Of J&K And Ors on 22 April, 2020 By indiankanoon.org Published On :: Wed, 22 Apr 2020 00:00:00 +0530 2. The facts in short, as averred in the writ petition, are that the petitioners, seventeen in number and belonging to District Kathua, came to be engaged as Daily Rated Labourers in Civil as well as Mechanical Divisions of PHE, Kathua between the period October 1994 to January 2000 and since then they have been discharging their duties, which has also been certified and authenticated by the respondents themselves in the year 2005 2 SWP 677/2014 and also in the year 2010. It is averred that the petitioners during all these years made a number of representations to the respondents for regularization of their services and when nothing fruitful came out, they filed SWP No.143/2009. The said writ petition was filed by as many as 26 persons including the petitioners herein, which came to be disposed of on 01.11.2013 with a direction to the respondents to accord consideration to the petitioners case for regularization in the light of averments made in the petition, annexure appended thereto and of course in accordance with rules/scheme in J&K Civil Services (Special Provisions) Act, 2010 governing the field. However, instead of regularizing the services of petitioners, respondent No.2 vide Order No.PHEJ/GE/04/E of 2014 dated 04.01.2014, impugned herein, rejected the claim of petitioners. Hence, the present writ petition. Full Article
mp Inhabitants Of Village Saddal vs State Of J&K And Others on 27 April, 2020 By indiankanoon.org Published On :: Mon, 27 Apr 2020 00:00:00 +0530 Issue notice of this application to the respondents. Mr. Amit Gupta, AAG accepts notice. 2 WP(C) PIL NO. 41/2019 Let a copy of this application be sent to Mr. Amit Gupta, AAG by Mrs. Deepika Mahajan, Advocate, who shall seek instructions that immediate steps are taken to ensure food and all facilities to these survival of natural calamity. Let a copy of this application be also furnished to Mr. M. K. Sharma, Member Secretary, State Legal Services Authority, Jammu and Ms. Sandeep Kour, Secretary, District Legal Services Authority, Udhampur to ensure that these people are given immediate assistance. Full Article
mp Dr. Renu Wakhloo vs State Of J&K And Other on 30 April, 2020 By indiankanoon.org Published On :: Thu, 30 Apr 2020 00:00:00 +0530 Dismissed as withdrawn. (RAJESH BINDAL) JUDGE Jammu 30.04.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.04.30 13:09 I attest to the accuracy and integrity of this document Full Article
mp Toqir Ahmed vs State Of J&K And Another on 30 April, 2020 By indiankanoon.org Published On :: Thu, 30 Apr 2020 00:00:00 +0530 For the reasons stated in the application, the same is allowed. Main petition is taken on Board and is permitted to be withdrawn. (RAJESH BINDAL) JUDGE Jammu 30.04.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.04.30 13:09 I attest to the accuracy and integrity of this document Full Article
mp Mohd. Ikhlaq vs State Of J&K And Others on 4 May, 2020 By indiankanoon.org Published On :: Mon, 04 May 2020 00:00:00 +0530 Ordered accordingly. (RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:19 I am approving this document Full Article
mp Imtiyaz Uddin vs State Of J&K And Another on 4 May, 2020 By indiankanoon.org Published On :: Mon, 04 May 2020 00:00:00 +0530 Ordered accordingly. (RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:20 I am approving this document Full Article
mp Mohd. Niayaz vs State Of J&K And Others on 4 May, 2020 By indiankanoon.org Published On :: Mon, 04 May 2020 00:00:00 +0530 Ordered accordingly. (RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:19 I am approving this document Full Article
mp Dr. Ruhi 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
mp Haq Nawaz 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
mp Mulkh Raj 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
mp Ashok Kumar Handa 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
mp Rajesh Sharma vs J&K Service Selection Board And ... 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
mp Dr. Poonam Sethi And Another 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
mp 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
mp Bhola Ram 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
mp Zulfkar Ali And Others vs State Of J&K And Others on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 The prayer is allowed. The date of hearing in the main petition is preponed from 13.08.2020 to 05.05.2020. The same is taken on Board and is permitted to be withdrawn. (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
mp J And K Veterinary Doctors ... vs State Of J&K And Others on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 " CERTIORARI: quashing the letter No.ENT/DCS/2014/2010- 215 dated 17.11.2014 whereby the District Election Officer (Deputy Commissioner), Samba (respondent No.2) has provided respondent No.3, the list of employees of the office of respondent No.3 who have been deployed for election duties and called for training as per the schedule mentioned against each". 2. Since the Legislative Assembly Elections, 2014 in the State of Jammu & Kashmir are already over, therefore, this petition with the afflux of time has been rendered infructuous. Full Article
mp Dharamraj S/O Ramphool vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Appellant Versus State Of Rajasthan ----Respondent S.B. Criminal Appeal (Sb) No. 489/2020 Ramdayal@r.d. S/o Ramkaran ----Appellant Versus State Of Rajasthan Full Article
mp 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
mp 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
mp 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
mp 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
mp 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
mp 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
mp 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
mp 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
mp 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
mp 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
mp 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
mp 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
mp Shyam Steel Industries Limited vs Shyam Sel And Power Limited & Anr on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 Apr 2020 00:00:00 +0530 2 The application has been filed on the ground of urgency that the special leave petition filed in the Supreme Court cannot be taken up immediately. In view of the present situation, the time to comply with the order passed by the Trial Court is extended till June 30, 2020. However, this order will not be a charter for the applicant to continue manufacturing its products. Indeed, it is submitted on behalf of the applicant that no manufacturing activity is being undertaken in the present situation. G. A. 804 of 2020 is disposed of without prejudice to the rights and contentions of the parties thereto. Full Article
mp Chandrakant Himatlal Kampani & ... vs Ascon Agro Products Exporters And on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 Apr 2020 00:00:00 +0530 VERSUS ASCON AGRO PRODUCTS EXPORTERS AND BUILDERS PRIVATE LIMITED BEFORE The Hon'ble Justice SHAMPA SARKAR Date: 28th April, 2020 Apperance Mr. Saunak Ghosh, Adv. with Mr. Rajib Mullick, Adv. ..for the decree holder Mr. Dipanjan Roy, Adv (in person) ..for the judgment debtor The Court: GA No.803 of 2020 is an application filed by the decree holder for non-prosecution of the Execution Case no.302 of 2019 arising out of a judgment and decree dated July 26, 2017 passed in CS No.115 of 2013, in view of settlement arrived at by and between the parties. Full Article
mp Birla Corporation Ltd vs Arvind Kumar Newar & Ors on 4 May, 2020 By indiankanoon.org Published On :: Mon, 04 May 2020 00:00:00 +0530 PRIYAMBADA DEVI BIRLA AND BIRLA CABLES LTD. VS. ARVIND KUMAR NEWAR & ORS. ................. APO NO.17 OF 2019 APOT NO.138 OF 2019 GA NO.1735 OF 2019 TS NO.6 OF 2004 IN THE GOODS OF: PRIYAMBADA DEVI BIRLA AND VINDHYA TELELINKS LTD. VS. ARVIND KUMAR NEWAR & ORS. .............. 2 PRESENT : THE HON'BLE JUSTICE DR.SAMBUDDHA CHAKRABORTY AND THE HON'BLE JUSTICE ARINDAM MUKHERJEE Heard on : 04.02.2020, 11.02.2020, 13.02.2020, 18.02.2020 & 20.02.2020. Full Article
mp Micromax Informatics Ltd. vs Union Of India & Anr. on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 1. All the four writ petitions seek identical relief in the nature of a writ of Mandamus directing the respondents to permit the petitioners to avail input tax credit of the accumulated CENVAT credit as of 30th June, 2017 by filing declaration Form TRAN-1 beyond the period provided under the Central Goods and Services Tax Rules, 2017 (hereinafter, the "CGST Rules"). Additionally, petitioners also assail Rule 117 of the CGST Rules on the ground that it is arbitrary, unconstitutional and violative of Article 14 to the extent it imposes a time limit for carrying forward the CENVAT credit to the GST regime. However, all the petitioners have unanimously stated that if the Court were to give directions to the respondents to permit them to file the statutory Form TRAN-1 to avail the input tax credit, they would be satisfied and not press for the relief of challenging the vires of the provisions of the Act. Full Article
mp Ametheus Commodities Private ... vs Union Of Inida & Ors on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 1. The matter has been heard through Video Conferencing. 2. Ms. Acharya, learned ASG, who appears for the Union of India, states that her briefing counsel, Mr. Gogna, CGSC is ready with advance instructions. 3. After addressing arguments on the maintainability of the present petition particularly, on the aspect of the alleged retrospectivity of the impugned Notification, Mr. Aggarwal, learned counsel for the petitioner had sought some time to obtain instructions from his client. The hearing was deferred to enable him to obtain instructions. He has returned with instructions to the effect that his client does not wish to press the present petition. W.P. (C) 3057/2020 Page 1 of 2 Full Article
mp Sunder Kumar & Ors vs State & Anr on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 2. This writ petition, preferred under Section 482 of the Code of Criminal Procedure, 1973 read with Article 226 of the Constitution of W.P. (Crl.) 787/2020 Page 1 of 8 India, seeks quashing of FIR 319/2020, dated 20th April, 2020, registered against the petitioners at PS Moti Nagar. The FIR alleges that the petitioners have committed offences under Sections 188/269/186/353/332/506 read with Section 34 IPC. 3. The recital of the facts in the FIR may be summarized thus. At 5 PM on 20th April, 2020, one Rahul (Petitioner No.2 herein), who was known to the complainant Head Constable (HC) Rishi Kumar, and was a "bad character" of the area, was seen loitering in the area without wearing a mask, in violation of the Compliance Advisory issued by the Central Government in the wake of the COVID-19 pandemic. On the complainant intercepting Rahul and querying him in that regard, Rahul retorted that the complainant had no right to stop him from walking in the area without a mask. On the complainant attempting to control Rahul, with the assistance of Const. Pravin, Rahul caught hold of the collar of the shirt being worn by the complainant and tore the shirt. Rahul is also alleged to have assaulted Constable Pravin, by kicking him. During the melee, Rahul's brother Sundar (Petitioner No.1 herein) arrived at the spot, and joined Rahul in assaulting the complainant, by administering kicks and blows. It is further alleged that they also bit the complainant on his wrist, resulting in his bleeding profusely. Thereafter, it is stated that Rahul and Sunder were taken into custody and FIR was lodged as noted above. Full Article
mp Meena Kapoor vs Ayushi Rawal & Anr. on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 2. It is the case of the plaintiff that on 5 th November, 2016, defendant No. 1 went to her parents' place along with her belongings and valuables and despite the best efforts of the plaintiff and her husband to try to settle the disputes between the defendant No. 1 and defendant No. 2 to save their marriage, due to adamant behaviour of defendant No. 1, no result was forthcoming. Defendant No. 2 thus filed the divorce petition on the ground of fraud and cruelty against defendant No. 1 which proceedings are pending before the Family Courts, Rohini. Since defendant No. 2 is also not residing in the suit property and has filed the divorce petition, defendant No. 1 has no right to come to the suit property. The suit premises is neither the matrimonial home of the defendant No. 1 nor a shared household. Full Article
mp Weatherford Oil Tool Middle East ... vs Vedanta Limited & Anr. on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. The hearing was conducted through video conferencing. OMP (I) (COMM.) 95 & 96/2020 Page 1 of 4 2. Petitioner, by the present petition, under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the "Arbitration Act"), inter alia seeks a restraint on the respondent from invoking and encashing the performance bank guarantees issued by respondent no. 2 on behalf of the petitioner and further seeks a direction to respondent no. 1 to release the payments due to the petitioner under the relevant contracts. 3. It is submitted that the respondent no. 2 is a Performa party. 4. Several contracts have been executed between petitioner and respondent no. 1 for provision of services, personnel and equipment. The contracts were executed as part of a composite transaction for the performance of services between petitioner and respondent no. 1 and are subject to and governed by Master Services Agreement and Master Supply Agreement. Full Article
mp O.P. Gupta vs Union Of India & Anr. on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. The present public interest litigation under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein. 2. The writ petition has been heard by way of video conferencing. 3. Present public interest litigation has been filed seeking a number of directions. The prayer clause is reproduced hereinbelow:- W.P.(C) 3068/2020 Page 1 of 8 "a) the respondent no.1 (Union of India) be directed to stop respondent no.2 (Govt. of Haryana) from doing all these restriction activities in violation of their orders dated 15.04.2020; Full Article
mp Guari Shankar vs Rakesh Kumar & Ors. on 9 May, 2020 By indiankanoon.org Published On :: Sat, 09 May 2020 00:00:00 +0530 CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 3rd February, 2005 in RCA No.98/1997 of the Court of Additional District Judge, Delhi] partly allowing the First Appeal under Section 96 of the CPC filed by the respondents/defendants against the judgment and decree [dated 27th September, 1997 in Suit No.436/1996 of the Court of Civil Judge, Delhi] allowing the suit filed by the appellant/plaintiff against the respondents/defendants, for dissolution of partnership, rendition of accounts and recovery of possession of Shop No.47 U.B., Jawahar Nagar, Delhi. The First Appellate Court, while has upheld the decree insofar as of dissolution of partnership and rendition of accounts, has set aside the decree for recovery of possession of the shop aforesaid. Full Article