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2. Yhe petitioner company carries on the business of receiving signals from Pt gh ei ae broadcasters of various television channels and of redistributing the same thr franchisee cable network. The respondent company carries on business as a broadeaster/content provider. Both the purlies are service providers and as such amenable to the jurisdiction of this Tebunal,

3. Through this petition, the petitioner is seek dng recovery of Re.4d0 98 000/.

aid to be the oufstand) me dues inelusive of interest as on 1s 03 2016 along with os interest @ 18% till the date of realization from the re Spondent. The dues are a towards carriage fee for the services availed by the respondent trom the petitioner for carnage of its television channels.

2. There is no dispute about fact that Respondent No.2 formulated a policy as published in Government Resolution dated 12th March 2013. Case of the Appellant is that, Respondent No.5 auctioned various sand-beds of Yavatmal District as per guidelines issued by the Government of Maharashtra in its Policy OM dated March 12th, 2013. He alleges that due to such illegality, extraction of sand by lease holders including Respondent No.6, one of such auction lease holder, being carried out. The Appellant is more concerned with sand-beds at village Babhulgaon. He would Misc Appln. No.155/2014 Page 3 submit that before grant of Environmental Clearance, State Environment Appraisal Committee (SEAC) ought to have considered whether the sand-bed is below 5 ha. area and distance between two (2) sand-beds is atleast 1 k.m. The SEAC failed to consider such kind of parameters and recommended the case to the SEIAA (Respondent No.4). The SEIAA thereafter granted the EC without proper assessment and appraisal. Consequently, the Appellant challenges the EC and the auction proceedings.

"M.A.No.628 0f 2013 "Notice of this Misc Application on the question of limitation be issued by registered post/acknowledgement due and Dasti as well.

Notice returnable on 04th September, 2013."

...........Sd/xxx..........................., CP (Swatanter Kumar) ..........Sd/-xxx.........................., JM (U.D. Salvi) ..

..........Sd/xxx..........................., JM (S.N.Hussain) .............Sd/xxx........................, EM (P.S.Rao) ............sd/xxx........................, EM (Ranjan Chatterjee) Page 3 (J) M.A. No.628/2013, ,Appln. No.17/2013 & Appeal No.80/2013 (WZ)

"M.A.No.628 0f 2013 "Notice of this Misc Application on the question of limitation be issued by registered post/acknowledgement due and Dasti as well.

Notice returnable on 04th September, 2013."

...........Sd/xxx..........................., CP (Swatanter Kumar) ..........Sd/-xxx.........................., JM (U.D. Salvi) ..

..........Sd/xxx..........................., JM (S.N.Hussain) .............Sd/xxx........................, EM (P.S.Rao) ............sd/xxx........................, EM (Ranjan Chatterjee) Page 3 (J) M.A. No.628/2013, ,Appln. No.17/2013 & Appeal No.80/2013 (WZ)

2. Briefly stated, case of the Appellant is that as per Judgment of Apex Court in "Deepak Kumar Vrs. State of Haryana, 2012(4) SCC 629" sand beds (sandghats) situated below 5 ha. area may be leased out only if distance between the two (2) ghats is of atleast 1 k.m. It is in keeping with such directions of the Apex Court that the MoEF has issued OM dated 24th December 2013. The State has no authority to consider the project activities of granting lease of area over and above 5 ha. of sandghats into the category of 'B-2' as per class 2(I)(iii) of the OM dated 24th December 2013. Such a project will have to be treated as category 'B-1' project for the purpose of appraisal and must be appraised by the MoEF. The SEIAA could not have done the work of assessment/appraisal nor the SEIAA could have granted the EC. According to the Petitioner the Respondents purposefully downsized the (J) Appeal No.10/2014 (WZ) 3 sand beds without keeping marginal space of 1 k.m. between the two (2) sand beds. It is stated that the auction conducted by both the Collectors is illegal and erroneous. Consequently the Appellant seeks to challenge the same and urges to quash the same.

2. The Project Proponent (M/s Windosor Reality Pvt Ltd), has come out with a case that the plans for construction of commercial building were issued by the Planning Authority on 7.7.1993. The project work was started long back. The construction work was going on for about a period almost over and above 8/10 years. The Project Proponent alleges that the building having 28 floors, 3 level podium and 2 voids, in total 33 floors, have been constructed and that by itself must be deemed to be a notice to the Applicant. So, it is not open for the Applicant now to raise such a dispute under false and frivolous allegations that 'cause of action' to file the Application has arisen first on 23rd October, 2013. The Applicant cannot raise such a dispute at a belated stage by giving goby to the specific provisions of Section 14 (3) read with Section 18 of the National Green Tribunal Act, 2010. The Hon'ble Bombay High Court and Hon'ble Supreme Court interpreted the special enactments like the Arbitration Act, 1998, the Electricity Act, 2003 and held that where a statute prescribes shorter period of limitation and different scheme of limitation is provided under such a Statute, the provisions of the Limitation Act, 1963, are excluded and the Tribunal must apply the period of Page 4 (J) M.A. No.65/2014 in Application No.13/2014 (WZ) limitation as prescribed under the special enactment while exercising its powers. So, when the special provision is set out under Section 14(3) of the NGT Act, then time cannot be extended any more by Application of Section 5 of the Limitation Act, 1963, or any such analogues provision.

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.

On 28-02-2019, Sri. K.P. Mathaikunju and 3 others filed a contempt of court case before this court against the respondents herein, alleging that the respondents have committed civil contempt by publishing a face book post in a face book page to which the respondents are the admins and also published a similar news in the website www.ovsonline.in on 27-02-2019, to the effect that the cases, O.P (C) No.65/2019 & Tr.P (C) No.76/2019, which pertains to the dispute regarding the 'Vadavukod Church' were dismissed by the High Court on 27-02- 2019, which in fact were only reserved for judgment on that day. It is alleged that the act of the respondents in this regard would amount to interference with the administration of justice and therefore they have committed contempt of court punishable under provisions of Contempt of Courts Act, 1971. The Registry of this court expressed doubt with respect to maintainability of CON.Case (Crl. ) No.1/2019 (Suo motu) -4- the above said contempt of court petition. Therefore the case was posted before the learned Single Judge who as dealing with OP (C) No.65/2019 and Tr.P (C) No.76/2019, as unnumbered contempt petition. Initially, the learned Judge appointed an 'amicus curiae' in the matter, through order dated 01-03-2019. But subsequently, on 31-05-2019, the Single Judge directed the Registry of this court to place the petition before Hon'ble Chief justice for appropriate further action on the administrative side, in the light of the decision of the Full Bench in Rehim P. V. M.V. Jayarajan and others (2010 (4) KLT 286). When the matter was placed for consideration before the Hon'ble Chief Justice on 25-06-2019, it was ordered to place the matter as a suo motu criminal contempt case, for preliminary hearing, before the appropriate Bench. When the matter came on the judicial side, this court ordered notice to the respondents. Personal appearance of the respondents were dispensed with for the time being. The respondents appeared and each of them had filed separate affidavits. Now the case is coming up for consideration as to whether there exists prima facie contempt and to decide whether further proceedings need to be pursued in the case by framing charge against the respondents. CON.Case (Crl. ) No.1/2019 (Suo motu) -5-

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“ कि यह सभा 05 दिसंबर, 2019 को सभा में प्रस्तुत कार्य मंत्रणा समिति के ग्यारहवें प्रतिवेदन से सहमत है ।” माननीय अध्यक्ष : प्रश्न यह है :

“ कि सभा 05 दिसंबर, 2019 को सभा में प्रस्तुत कार्य मंत्रणा समिति के ग्यारहवें प्रतिवेदन से सहमत है । ” प्रस्ताव स्वीकृत हुआ ।

माननीय अध्यक्ष: माननीय सदस्यगण,मुझे कुछ विषयों पर माननीय सदस्यों के स्थगन-प्रस्ताव की सूचनाएं प्राप्त हुई हैं । मैंने किसी भी स्थगन-प्रस्ताव की सूचना को अनुमति प्रदान नहीं की है ।

__________  

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

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

1. Bundu Khan S/o Shri Abdul Gani R/o Meer Colony Kekri Road Near Idhgah Malpura Thana Dist. Tonk At Present Tenant House No 24 Chmnawadi Sanjay Nagar Jhotwara Jaipur (At Present Accused Confined In Central Jail Jaipur)

2. Mohammad Kalim S/o Shri Mohammad Aladdin Khan R/o Bada Mohalla Lalsot Dist.

1. This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 663/2019 registered with Police Station Nadbai (Bharatpur), for the offence/s punishable under Section/s 377, 429 of IPC.

2. Heard learned counsel for the accused petitioner through video conferencing and perused the record.

3. It has been submitted that material prosecution witnesses in this case have turned hostile during trial, copies of statements of those witnesses have been filed and it has been contended that the main witnesses PW.1 Jadveer, PW.4 Satish and other material witnesses have turned hostile, they have not supported the prosecution version, hence the accused petitioner may be granted bail.

The present criminal appeal under Section 14(A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.98/2019 registered at Police Station Anta, District Baran.

Learned counsel for the appellants submitted that the appellants are in custody since 02.05.2019.

Learned counsel submitted that police after investigation has filed challan. Counsel further submitted that the allegation against the appellants is in respect of using fire arm but (Downloaded on 08/05/2020 at 08:46:25 PM) (2 of 2) [CRLAS-2822/2019] the medical report which has been prepared shows that the injury suffered by the injured was simple in nature and caused by the blunt weapon.

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3. It is submitted by learned counsel for the petitioners that although only one of the companies was alleged to have committed default, the DIN of the petitioners was deactivated in respect of the other companies, in which they were directors, as well, which was de hors the law.

4. Moreover, even in respect of the defaulting company, the DIN of the petitioners could not be deactivated without giving an opportunity of hearing to the petitioners on the allegations made against them in respect of each company.

5. The disqualification of the company‐in‐question took place in the year 2014, that is, prior to the 2018 Amendment of the Companies Act, 2013 (hereinafter referred to as "the 2013 Act") and as such, the provisions of the 2018 Amendment would not be applicable thereto.

(Through video conference) The Court : CA No.45 of 2020 is an application filed by one Pritam Ghosh, under Section 535(6) of the Companies Act, 1956 to bring on record certain developments subsequent to an order of winding up passed by this Court in CP No.194 of 2016.

It is the contention of the petitioner that the company had sold concerned premises being a residential apartment measuring about 800 sq.ft. at 228, Dum Dum Park, Flat no.1B, on the first Floor, to one Rabindra Nath Dey by a deed of conveyance dated September 21, 2012. Thereafter the 2 petitioner purchased the said property by a conveyance dated March 27, 2014 from said Mr. Dey. Thereafter the petitioner let out the premises to one Rishi Kumar Sharma on December 1, 2014. The petitioner is aggrieved by the action of the learned Official Liquidator who has sealed the said premises on or about March 2, 2020. This application has been filed seeking release of the said property.

Registry shall obtain scanned/Photostat copies of the records of G.R. Case No. 2581/2019 pertaining to Dergaon P.S. Case No. 843/2019 from the Court the learned Chief Judicial Magistrate, Golaghat.

JUDGE Comparing Assistant

2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Page No.# 2/3 Presiding Judge.

3. Learned counsel for the applicant did not appear on 14.03.2020, 16.03.2020 and today again. This application has been pending since 02.03.2020. Learned counsel for the applicant has not been appearing consistently. I find no justifiable reason to adjourn the matter for any longer period. In any case the application is being disposed of considering the statutory provisions of Indian Penal Code and the Indian Evidence Act.

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

For Respondent No.2/State: Mr. Anvesh Shrivastava, Panel Lawyer.

Law laid down Suit for specific performance of contract- readiness and willingness for a seeking decree of performance of contract, the plaintiff is required to produce strong documentary evidence relating to his financial condition- only oral evidence in respect of financial condition to establish readiness and willingness is not sufficient- The Court cannot assume or presume the financial status of the plaintiff only on the basis of oral evidence- The suit of specific performance of contract cannot be decreed in favour of the plaintiff unless readiness and willingness to perform his part of the contract is proved by the plaintiff.

2. The case of prosecution against the appellant, in short, is that on 28/11/2018 father of the Prosecutrix (PW2) lodged a missing report bearing No.54/2018 (Ex.P/4) at Police Station Industrial Area, Satlapur to the effect that he is residing in a rental house of Jumman, opposite to Tapti School, Satlapur having six daughters, elder one prosecutrix aged about 12 years 10 months is studying in Class-8 th in Megha Vidya Mandir, not found in the house since morning also alleged some jewallary, ATM and money are missing. Placed a doubt on Appellant Neelesh Ahirwar who residing in the same building .

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3. On the basis of said missing report, case of missing person (Ex.P/5) and first information report (Ex.P/6) for the offence punishable under Section 363 of IPC registered against suspicious Neelesh Ahirwar at Crime No.325/2018. The matter was taken into investigation. After recovering Prosecutrix she was sent for medical examination, report Ex.P/13 had been obtained. Statement under Section 161 of Cr.P.C. of the prosecutrix were recorded and on her statement, accused were arrested. On the basis of the statement recorded under Section 161 of Cr.P.C., Sections 376, 506 and 120-B of IPC were added in the case against the accused/appellant and other co accused Bablu. Medical examination report of the appellant is Ex.P/11. Forensic Science Laboratory, Sager report Ex.P/22 received in this regard. After completion of investigation, charge sheet was submitted before the competent Court against the appellant along with co-accused Bablu Ahirwar.