ai Dr. Fauci goes into 'modified quarantine' and two other Trump aides begin self-isolation By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:23:27 GMT Dr. Anthony Fauci (left), CDC head Robert Redfield (bottom right), and FDA chief Stephen Hahn (top right) will self-quarantine after coming into contact with an infected White House staffer. Full Article
ai Britain's biggest unions threaten to tell workers to refuse return unless workplaces are made safe By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:45:00 GMT Leaders of unions such as Unite, Unison and the General have written an open letter to Boris Johnson demanding the government puts policies in place to make workplaces safe. Full Article
ai Bill Maher says Democrats should ignore Biden sexual assault accuser Tara Reade's claims By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:30:05 GMT The comedian and political commentator devoted part of Friday's Real Time with Bill Maher monologue to addressing the potential fallout of Reade's claims against the former Vice President. Full Article
ai M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 Apr 2020 00:00:00 +0530 The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice at the instance of learned counsel for the petitioner. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the BIADA. Learned counsel for the petitioner seeks permission for filing of Interlocutory Application to amend the relief/s as sought for in the writ application, whereby he wants to challenge the order dated 24.04.2020 issued vide Memo No. 1237/D by which the respondent nos. 5 to 7 have rejected the representation of the petitioner made vide Annexure-5 to the writ application. Full Article
ai Sanjay Rai vs The State Of Bihar on 29 April, 2020 By indiankanoon.org Published On :: Wed, 29 Apr 2020 00:00:00 +0530 The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice at the instance of the learned counsel for the petitioner. Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in a case registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 1586.160 liters wine is recovered from the brick kiln. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.11.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There Patna High Court CR. MISC. No.10317 of 2020(3) dt.29-04-2020 2/3 is no allegation of tampering of witnesses against the petitioner. The name of the petitioner has come on the basis of disclosure made by the co-villagers. The names of the co-villagers have not been disclosed by the prosecution. It is alleged that 1586.160 liters wine is recovered from the brick kiln. The brick kiln in question belongs to the joint family of the petitioner. The petitioner had no knowledge regarding the alleged occurrence. There is no recovery from the conscious possession of the petitioner. A supplementary affidavit has been filed stating that the mother of the petitioner has expired on 13.04.2020. There is no compliance of Section 100 Cr.P.C. There is no chance of the trial being concluded in near future. Other similarly situated co- accused, namely, Babban Ray has been granted anticipatory bail by a Co-ordinate Bench of this Court vide Cr.Misc.No.78312 of 2019 dated 29.01.2020. Full Article
ai M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 1 May, 2020 By indiankanoon.org Published On :: Fri, 01 May 2020 00:00:00 +0530 Heard learned counsels for the petitioner, the State and the BIADA. The present interlocutory application has been filed seeking amendment in the relief portion i.e. paragraph no. 1 of the writ petition and consequently in paragraph no. 2 and the prayer portion thereof. The amendment sought for in paragraph 2 of the I.A. is as follows: "1(iii) To issue an appropriate writ/order/direction in the nature of Certiorari quashing the order dated 24.04.2020 as contained in memo no. 1237/D dated 24.04.2020 whereby and whereunder the Respondent BIADA has rejected the application dated 22.04.2020 (Anx.-5 )filed by the petitioner Company for issue of lockdown pass; Full Article
ai M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 Learned counsels for the petitioner, the State and the BIADA are present. Mr. Yashraj Bardhan, learned counsel for the BIADA submits that the arguing counsel Mr. Lalit Kishore is engaged before D.B.-II, hence the matter be taken up tomorrow at 10.30 A.M. As prayed for, list this matter tomorrow i.e. on 06.05.2020 at 10.30 A.M. under the same heading. (Sudhir Singh, J) Pankaj/Narendra U Full Article
ai M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Learned counsels for the petitioner, the State and the BIADA are present. Mr. Yashraj Bardhan, learned counsel for the BIADA submits that there is a bereavement in the family of the arguing counsel Mr. Lalit Kishore, hence the matter may be passed over for the day. As prayed for, list this matter tomorrow i.e. on 07.05.2020 at 2.15. P.M. under the same heading. (Sudhir Singh, J) Pankaj/Narendra U Full Article
ai M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 Heard Mr. Sanjay Singh and Mr. Nikhil Kumar Agrawal for the petitioner, Mr. Lalit Kishore, Senior Counsel and Mr. Yashraj Bardhan for the BIADA and Mr. Vikas Kumar, S.C.-11, for the State. Order is reserved. Learned counsels for the parties seek permission to file a written note of argument by tomorrow. Permission is accorded. Put up this matter on 12.05.2020 at 10.30. A.M. under the heading 'For Orders'. (Sudhir Singh, J) Pankaj/Narendra U Full Article
ai Aircel Ltd vs Union Of India on 10 January, 2020 By indiankanoon.org Published On :: Fri, 10 Jan 2020 00:00:00 +0530 2. The petition was filed on 16.08.2019 against an order dated 11.07.2019 (Annexure N) whereby the petitioner's application for migration of CMTS Licence effective from 31.12.1998 for Tamil Nadu Service Area to Unitied Licence (UL) was rejected for the second time by the respondent. Before adverting to the issues, it will be useful to take note of some significant and relevant facts. 3. The historical facts relating to the petitioner company; its wholly owned subsidiary, Aircel Cellular Ltd. (ACL); the details of its licences and also subsequent allocation of spectrum which came to be bundled with the said licence are not in dispute. The petitioner's CMTS Licence for Tamil Nadu Circle was for a period of 10 years and due to expire on 30.12.2008. In terms of National Telecom Policy of 1999, DoT offered a migration package. The migration package, inter alia, changed the "Fixed Fee" policy for Indian Telecom Licences to a "Revenue Share" regime. The period of licence got extended upto 20 years and as a result petitioner's licence was to be valid till 30.12.2018. In 2010, the petitioner acquired 5 + 5 MHz of 2100 MHz (3G) and 20 MHz of 2300 MHz spectrum (BWA) in the Tamil Nadu Telecom Circle through auction. These are fully paid for and the validity of allotment is of 20 years i.e. till 2030. In 2015, the petitioner further acquired 10 + 10 MHz of 1800 MHz spectrum in the Tamil Nadu Telecom Circle through auction. Petitioner has the right to use the said spectrum for a period of 20 years Le. till 26.05.2035 and under a deferred payment plan, it claims to have paid 33% of its price. Full Article
ai Indusind Media & Communications ... vs Allied Infotainment ... on 13 January, 2020 By indiankanoon.org Published On :: Mon, 13 Jan 2020 00:00:00 +0530 2. In the reply filed on behalf of the respondent in January 2014, two main defenses were raised against the claim. Firstly, the respondent pleaded that the channels of the respondent were not placed regularly and due to such irregularity, the respondent suffered loss of revenue and loss in viewership. Secondly, it on claimed that payment had been made regularly as per the agreed terms. In other words, the second defense was that all the lawful outstanding dues have been paid by the respondent and, therefore, the demand is on account of errors in accounts etc. 3. Through a rejoinder filed in February 2014, the petitioner denied the defense of the respondent and some other allegations and pointed out that at no point of time any grievance or notice was communicated to the petitioner about the alleged irregularity in placement. Through the rejoinder an updated statement of accounts in respect of both the channels was brought on record as annexure to show payment made after the filing of the petitioner and also updated claim of interest. On the basis of statement of accounts the rejoinder disclosed that the claimed amount stood reduced and the respondent was liable till 17.01.2014 only for Rs.2,34,11,352/-. Full Article
ai Multi Reach Media Pvt Ltd vs Zee Entertainment Enterprise Ltd on 24 January, 2020 By indiankanoon.org Published On :: Fri, 24 Jan 2020 00:00:00 +0530 2. The subscriber reports furnished by the petitioner since the introduction. of new regime from 01.02.2019 as per new Regulations and Tariff Order of 2017 were not in accordance with the legal requirement. In the notice, the respondent had alleged under-reporting of subscribers in respect of its channels and later also alleged that petitioner was redistributing Zee Bangla channel in unencrypted mode. As the earlier orders would disclose, technical audit held under the orders of this Tribunal was not a smooth affair. The audit report of KPMG is on record. The parties have filed their response to the audit report. Some of the initial difficulties in the audit and reasons for delay of several months will appear from orders passed on 23.07.2019 and also some of the subsequent orders. The initial shortcomings in the petitioner's system are clear not only from the facts available on record and in the order sheets but also from reports of technical audit of petitioner's system prepared 'at the instance of some other broadcasters. As an interim measure, provisional bills were directed to be raised by the respondent on the basis of subscriber reports of the petitioner but it has been made clear that this arrangement shall not prejudice the claim of the respondent for a higher amount, if justified. Full Article
ai Indusind Media & Communications ... vs Lemon Entertainment Ltd on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 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. Full Article
ai Delhi International Airport Ltd vs Airport Economic Regulatory ... on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 2. The other appeal (No.7of 2013) has been preferred by Federation of Indian Airlines (FIA) which has challenged the legality etc. of a subsequent Order No.30/2012-13 dated 28.12.2012 issued by AERA in exercise of powers under Section 13(1)(b) of the AERA Act read with Section 22A of the Airports Authority of India Act 1994(AAI Act) to re-determine the amount of DF at IGI Airport, New 4 Delhi. By this order AERA reviewed the earlier DF Order dated 14.11.2011 in a small measure, reduced the rate of DF w.e.f. 01.01.2013 and extended the levy period upto April, 2016 subject to further review. The FIA, it appears, had challenged the earlier DF order dated 14.11.2011 also. Its stand is that levy of DF to bridge the funding gap for IGI Airport is contrary to law and the relevant agreements which cast a duty upon DIAL to arrange for funds for development of the Airport. It is also pleaded that the project cost has been blown-up beyond realistic proportions and AERA has failed to exercise the required level of scrutiny which would have kept the final project cost at a reasonable and permissible level. Full Article
ai Laljee Khangar vs Chairman M.P Seiaa 5 Ors on 30 September, 2014 By indiankanoon.org Published On :: Tue, 30 Sep 2014 00:00:00 +0530 Shri Dharamvir Sharma, Adv. Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member 1. Admit. 2. The grievance of the Applicant is that the Applicant is the land holder of Khasra No. 614 measuring 1.113 hectare in Village Barua, Tehsil Gaurihar, Dist. Chhatarpur, MP and as a result of flooding of river Ken huge amount of sand and muram got deposited on his agriculture field. With a view to cultivate the said land, he intended to remove the aforesaid deposit of sand and muram which would amount to mining operation and as such requiring the grant of EC from SEIAA. However, it was brought to his notice on approaching the authorities of MPSEIAA that under the orders issued in Office Memorandum dated 24.12.2013 by the MoEF, Government of India, no such application could be entertained. Full Article
ai Ranjeet Singh Rathore vs Chairman M.P Seiaa 5 Ors on 30 September, 2014 By indiankanoon.org Published On :: Tue, 30 Sep 2014 00:00:00 +0530 Shri Dharamvir Sharma, Adv. Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member 1. Admit. 2. It is submitted by the Learned Counsel for the Applicant that the matter raised in this application has already been covered by the decision of this Tribunal in O.A.No. 315/2014 (CZ) in case of Ram Swaroop Chaturvedi V/s Chairman, MPSEIAA & Ors. decided on 11.09.2014 in the matter of the Office Memorandum dated 24.12.2013, issued by the MoEF, Government of India. 3. We have considered the application as well as submissions made before us. We would accordingly dispose of this petition in the light of our earlier judgement dated 11.09.2014 in O.A.No. 315/2014 and the directions contained therein shall also apply to the applicant in so far as the applicability of the aforesaid orders of MoEF dated 24.12.2013 is concerned. In case an application is submitted by the Applicant, online or as prescribed under the procedure alongwith requisite fee, such application shall be entertained by the MPSEIAA in accordance with law within two months without being influenced by the Office Memorandum dated 24.12.2013 issued by the MoEF in so far as its operations have been stayed by the Principal Bench of National Green Tribunal in Application No. 343 of 2013 (M.A.No. 1093/2013) in the case of Ranbir Singh Vs. State of H.P. & Ors and Page 2 of 3 Application No. 279/2013 (M.A.No. 1120 of 2013) in case of Promila Devi Vs. State & Ors. dated 28.03.2014. Full Article
ai Jsw Paints Private Limited vs Asian Paints Limited on 14 January, 2020 By indiankanoon.org Published On :: Tue, 14 Jan 2020 00:00:00 +0530 Case No. 36 of 2019 1 Brief facts and allegations 2. JSW Paints is stated to be a part of the JSW group of companies, which is involved in several sectors, including steel, energy, cement, etc. JSW Paints was incorporated in the year 2016 and launched its decorative paints in May 2019 in Bengaluru and Hubli in Karnataka. JSW Paints has introduced many innovative approaches in the paints industry for the first time in India. 3. Asian Paints is a listed company and is primarily engaged in manufacture and sale of decorative and industrial paints. According to its Annual Report for the FY 2018-19, it is the 3rd largest paint company in Asia and largest in India. In India, it has 8 manufacturing plants for decorative paints and 2 for industrial paints. Full Article
ai Abhiraj Associates Private ... vs Eastern Railways, Kolkata on 28 February, 2020 By indiankanoon.org Published On :: Fri, 28 Feb 2020 00:00:00 +0530 Case No. 37 of 2019 1 2. The Informant, a private limited company, is engaged in the business of export of stone aggregates/ boulders and has stated that it exports stone aggregates/ boulders through rakes allotted by OP. For allotment of rakes, the Informant places indent itself or through its consignor at respective railway sidings. The Informant also stated that OP follows quota system for dispatch of rakes. Under such a system, the Informant got rakes allotted to it at various sidings in Howrah and Malda Division of the Eastern Railways, which is OP in the present case. 3. The Informant alleges that from July 2019 onwards, OP stopped allotment of rakes to it and instead, the rakes were allotted to Orient Exports Pvt. Ltd. as per the directions of the Indian Railway Board contained in letter No. 2017/TT- III(M)/71/D/10/Quota dated 18.07.2019. The Informant claims that this decision was taken by Indian Railway Board as per the request of the Bangladesh Railway Board. The Informant has stated that non-allotment of rakes has impacted its goodwill amongst its customers as it is not being able to meet its prior commitments. Full Article
ai Shri Suprabhat Roy, Proprietor, ... vs Shri Saiful Islam Biswas, ... on 12 March, 2020 By indiankanoon.org Published On :: Thu, 12 Mar 2020 00:00:00 +0530 Case Nos. 36 of 2015, 31 of 2016 and 58 of 2016 33 Koushik Das: Yes, one BCDA N.O.C. is required with the application. Shri Arajit Das: Yes, that is essential, you prepare your papers I need the orders, otherwise it is problem to me. I have submitted my drug licence number, trade licence number everything. Koushik Das: Yes, but only those papers are not enough, there are something more, you have deal with Alembic before and done with other parties also. Shri Arajit Das: that is not required. Full Article
ai Udailal @ Uda vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus 1. State Of Rajasthan, Through Secretary of Home Department Jaipur (Raj.) 2. The District Collector, Udaipur 3. The Superintendent, Central Jail, Udaipur ----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati through Video Conferencing For Respondent(s) : Mr.Abhishek Purohit for Mr.Farzand Ali, GA cum AAG through Video Conferencing HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 08/05/2020 This application is filed by the petitioner seeking directions to the respondents for extension of period of first parole granted to him pursuant to order dated 24.4.2020 passed by this Court. Full Article
ai Papers Laid On The Table Of The House By Ministers/Members. on 5 December, 2019 By indiankanoon.org Published On :: Thu, 05 Dec 2019 00:00:00 +0530 माननीय अध्यक्ष: अब पत्र सभा पटल पर रखे जाएंगे । श्री अर्जुन राम मेघवाल । संसदीय कार्य मंत्रालय में राज्य मंत्री तथा भारी उद्योग और लोक उद्यम मंत्रालय में राज्य मंत्री (श्री अर्जुन राम मेघवाल): महोदय, श्री किरेन रिजीजू की ओर से मैं निम्नलिखित पत्र सभा पटल पर रखता हूं: 1. (एक) दादरा और नागर हवेली वक्फ बोर्ड, सिलवासा के वर्ष 2018-2019 के वार्षिक प्रतिवेदन की एक प्रति (हिन्दी तथा अंग्रेजी संस्करण) तथा लेखापरीक्षित लेखे । (दो) दादरा और नागर हवेली वक्फ बोर्ड, सिलवासा के वर्ष 2018-2019 के कार्यकरण की सरकार द्वारा समीक्षा की एक प्रति (हिन्दी तथा अंग्रेजी संस्करण) । [Placed in Library, See No. LT 1092/17/19] 2. (एक) वक्फ बोर्ड अंडमान और निकोबार द्वीपसमूह, पोर्ट ब्लेयर के वर्ष 2018-2019के वार्षिक प्रतिवेदन की एक प्रति (हिन्दी तथा अंग्रेजी संस्करण) तथा लेखापरीक्षित लेखे । Full Article
ai Papers Laid On The Table By The Ministers/Members. on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 माननीय अध्यक्ष: अब पत्र सभा पटल पर रखे जाएंगे । श्रीमती स्मृति जूबिन ईरानी । THE MINISTER OF WOMEN AND CHILD DEVELOPMENT AND MINISTER OF TEXTILES (SHRIMATI SMRITI ZUBIN IRANI): Sir, I beg to lay on the Table of the House: 1. (i) A copy of the Annual Report (Hindi and English versions) of the Indian Silk Export Promotion Council, New Delhi, for the year 2018-2019, alongwith Audited Accounts. (ii) A copy of the Review (Hindi and English versions) by the Government of the working of the Indian Silk Export Promotion Council, New Delhi, for the year 2018-2019. [Placed in Library, See No. LT 1124/17/19] 2. (i) A copy of the Annual Report (Hindi and English versions) of the Wool Research Association, Thane, for the year 2018-2019, alongwith Audited Accounts. Full Article
ai Regarding Brutal Atrocities Against Women Folk Across The Country. on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 SHRI ADHIR RANJAN CHOWDHURY (BAHARAMPUR): Sir, I would like to flag the attention of the entire House towards this issue. In spite of volcanic and seething anger coupled with indignation, hate against…. …(Interruptions) Sir, in spite of volcanic and seething anger coupled with indignation and hate against the gangrape incidents which have been occurring at regular intervals across the nation, there is no respite of this kind of brutal and bestial crime. सर, हम यहां बहुत सारे कानूनों की बात करते हैं, मृत्युदंड की घोषणा करते हैं । बहुत कुछ कर रहे हैं, लेकिन कभी-कभी लगता है कि क्या हम पैसे के बुद्धिमान और पाउंड के मूर्ख हैं?कोई कमी नहीं दिखाई देती । सर,हैदराबाद की घटना हुई, उसके बाद बंगाल में माल्दा, फिर उन्नाव का मामला आ गया । हम लोग कहां जाएं, हिन्दुस्तान के लोग कहां जाएं?सबसे बड़ी बात है कि उन्नाव में चार दिन पहले आरोपी को रिहा किया गया । आरोपी ने पीड़िता को मारने के लिए आग लगा दी । महिला भागती हुई, दौड़ती हुई किसी के पास शरण लेनी गई । उसके बाद हॉस्पिटल में भर्ती हुई,अभी दिल्ली आई । उसकी 95 परसेंट बॉडी जल गई । यह क्या हो रहा है?आज की तारीख 6 दिसम्बर को बाबरी मस्जिद ध्वस्त हुई थी और वहां मंदिर बन रहा है । एक तरफ हिन्दुस्तान में राम जी का मंदिर बन रहा है और दूसरी तरफ सीता को जलाया जा रहा है ।…(व्यवधान) Full Article
ai Statement Regarding Government Business For The Remaining Part Of ... on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 1. Consideration of any items of Government Business carried over from today's order paper: - [it contains (i) consideration and passing of the International Financial Services Centres Authority Bill, 2019; and (ii) Consideration and passing of the Arms (Amendment) Bill, 2019.] 2. Consideration and passing of the following Bills, after their introduction:- (i) The Anti Maritime Piracy Bill, 2019. (ii) The Personal Data Protection Bill; 2019. (iii) The Citizenship (Amendment) Bill, 2019. (iv) The Code on Social Security Bill, 2019. (v) The Central Sanskrit University Bill, 2019. (vi) The Maintenance & Welfare of Parents & Senior Citizens (Amendment) Bill, 2019. Full Article
ai Neeraj ...Applicant (In Jail) vs State Of Uttarakhand on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 2. Applicant Neeraj, who is in judicial custody, in Case Crime No. 107 of 2019, under Section 323, 504, 506, 354(D) and 376 IPC and Section 3(a) read with 4 of Protection of Children From Sexual Offences Act, 2012, Police Station Ganganahar, District Haridwar, has sought his release on bail. 3. Prosecution story, briefly stated is that the applicant and the victim were in relationship, but when the victim learnt about the bad habits of the applicant, she severed her relationship. But, the applicant started following her, pressurised her and started threatening her that in case, she would not follow the commands of the applicant, he would make her photographs viral. On 16.01.2019, the applicant telephonically called the victim; threatened her. Under the tremendous threat extended by the applicant, when the victim reached at the designated place, the applicant took her in a hotel, there the victim met two more boys, who guarded the room. There in the hotel, the applicant raped the victim; took her photographs and threatened her of dire consequences, if she reveals this incident to anyone. The boys, who were in the hotel with the applicant, started molesting her. Even the applicant made the photographs 2 viral. The FIR of the incident was lodged on 08.03.2019. It is this FIR, in which, after investigation, charge sheet has been submitted. Full Article
ai Mukarram Hussain S/O Late Shri ... vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Sudhir Jain (through jitsi meet) Mr. Parth Sharma (through jitsi meet) Mr. Rinesh Gupta (through jitsi meet) For Respondent(s) : Mr. Tej Prakash Sharma, SPP(CBN) HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 08/05/2020 Heard learned counsels for the petitioners through Jitsi Meet. Full Article
ai 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
ai 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
ai S.S.N. Retail Pvt. Ltd vs Sattar Molla on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 Apr 2020 00:00:00 +0530 (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. Full Article
ai Ranjit Kumar Saikia @ Ranjit ... vs Rina Borah Kalita on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 List after two weeks on a date to be fixed by the Registry. Interim order is extended till the next date. Page No.# 2/2 JUDGE Comparing Assistant Full Article
ai Bhaskar Jyoti Buragohain vs Mahindra And Mahindra Financial ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 Considering the same, matter stands adjourned today. List after three weeks on a date to be fixed by the Registry. JUDGE Comparing Assistant Full Article
ai Bhavya Nain vs High Court Of Delhi on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. The petitioner has preferred the present writ petition to assail the notice/ result dated 21.05.2019 published by the Registrar General, Delhi High Court, whereby the candidature of the petitioner for Delhi Judicial Services-2018 (in short, 'DJS 2018') under the category of Persons with Disabilities (PwD) was rejected on account of his mental disability not being found to be permanent W.P.(C.) No.5948/2019 Page 1 of 50 in nature. For this, the Disability Certificate issued by the All India Institute of Medical Sciences, Delhi (in short 'AIIMS') has been relied on by the respondent. 2. Briefly stated that the facts of the present case are as follows: Full Article
ai Mukesh Rai 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 applicants have filed this first application u/S 439 Cr.P.C. for grant of bail. The applicants have been arrested by Police Station Pohari, District Shivpuri in connection with Crime No.83/2020 registered in relation to the offence punishable under Section 34(2) of Excise Act. It is alleged by the counsel for the applicants that 90 litres of liquor has been seized from the possession of the applicants. They are in custody since 2.4.2020. It is further submitted that there is no criminal history against the present applicants. Per contra, counsel for the State has opposed the bail application. The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13180/2020 (Mukesh Rai & Ors. vs. State of M.P.) PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under : Full Article
ai Piyush Jaiswal vs Barkatullah University on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 For Respondent/University: Shri Samresh Katare, Advocate. Law laid down Significant Para Nos. Reserved on : 12.02.2020 Delivered on : 08.05.2020 (O R D E R) Since pleadings are complete and learned counsel for the parties agreed to argue the matter finally, therefore, they are heard finally. For the purpose of convenience, facts of W.P. No.1157/2019 are being taken- 2 W. P. No. 1157/ 2019 & W. P. No. 1011/2019 up. 2. This petition under Article 226 of the Constitution of India is preferred by the petitioners seeking following reliefs:- Full Article
ai Sarwar Hussain @ Sarwar vs The State Of Bihar on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Raushanganj PS Case No. 129 of 2019 dated 10.07.2019 instituted under Sections 302/328 of the Indian Penal Code. Full Article
ai Hussain Khan vs State Of Chhattisgarh 7 ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. The appeal is directed against judgment dated 30.8.2010 passed by Additional Sessions Judge, Bemetara Distt. Durg in Session Trial No.14/2010 wherein the said Court convicted appellant for commission of offence under Section 307 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for 05 years and to pay fine of Rs.500/- with default stipulation. 2 2. In the present case, name of the victim is Ramji Yadav. As per the version of the prosecution, on 31.12.2009 at about 9.00 pm when victim Ramji Yadav along with other persons doing the work of decorating the road by writing "Happy New Year" for celebrating new year, the appellant came there and used filthy words and asked what he is writing. Quarrel took place between the appellant and the victim and the appellant hit the victim on his stomach by knife resulting which he fell down. The victim was admitted to Sector 9 Hospital, Bhilai. The matter was reported and the appellant was charge sheeted. After completion of trial, the appellant has been convicted and sentenced as mentioned above. Full Article
ai Daitari Meher vs State Of Chhattisgarh 4 ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 Hon'ble Shri Justice Ram Prasanna Sharma CAV JUDGMENT 1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 05.02.2015 passed by Special Judge [under Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the Act, 1985")], Bilaspur (C.G.) in Special NDPS Case No. 126/2014, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of the Act, 1985 and sentenced to undergo R.I. for 5 years and fine of Rs. 15,000/- with further default stipulations for having possession of contraband article ganja to the tune of 10 kg. on 27.03.2014 at 10:50 p.m. at railway platform No. 1 of Railway Station Bilaspur (C.G.) Full Article
ai Elon Musk says Tesla will 'immediately' leave California after coronavirus shutdowns forced the company to close its main car factory By www.businessinsider.in Published On :: 9 May 2020, 22:58 Elon Musk says Tesla may leave its Palo Alto headquarters and Fremont, California factory. In a tweet Saturday morning, the chief executive continued his outrage against shelter-in-place orders that have forced most non-essential businesses to close. Last week, Musk likened the rules to fascism, and urged leaders to "give people their goddamn freedom back." Visit Business Insider's homepage for more stories.After a week of decrying coronavirus shelter-in-place orders that have left Tesla's main factory shuttered and unable to produce vehicles, Elon Musk says the company may move its factory out of the state."Tesla is filing a lawsuit against Alameda County immediately," the chief executive said on Twitter Saturday morning. "The unelected & ignorant 'Interim Health Officer' of Alameda is acting Full Article
ai Anu G Nair vs Border Security Force on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 (1) Have MHA or DoP&T issued any order to revise Pay Scale of all eligible serving and Pensioners by lmplementing Hon'ble Delhi High Court Order on WP (C) 3549/2018 dated 1/5/19 CAPFs including BSF? (2) ln this regard, has MHA given any decisions, or guidelines to BSF to Revise the Pay Scale of all eligible Personnel who completed 20 year of services by 2OL2 on the basis of above HC order? (3) Has BSF Challenged above HC Verdict before Hon'ble Supreme Court? lf so what consequence? (4) ls grant of MACP according to above Court Order only limit to Sunil Kumar Tyagi or similarly placed Personnel in BSF? What action is being taken by MHA in this regard? PIO/DIG(Confd) vide reply dated 20.11.2019 denied disclosure of information citing the exemption under Section 24 of the RTI Act, 2005, whereby the respondent organization did not fall within the purview of the RTI Act, unless the information pertained to allegations of Corruption and Human Rights Violations. Full Article
ai Nutan Thakur vs Department Of Legal Affairs on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 The Appellant vide her RTI application sought information regarding the copy of the documents of the Department of Personnel and Training (DoP&T) associated with the files related to the appointment of various Attorney Generals of India since 01.01.2010. Dissatisfied due to non-receipt of any response from the CPIO, the Appellant approached the FAA. The FAA, vide its order dated 09.10.2018 stated that the Appeal had been examined and it was found that the CPIO on 11.09.2018 had sought certain clarifications from the Appellant. Hence, the Appellant was advised to clarify the same to the CPIO to enable him to provide the available information. Page 1 of 5 RTI - 2 File No. CIC/DOLAF/A/2018/163414-BJ [ Date of RTI application 12.08.2018 CPIO's response Not on Record Date of the First Appeal 11.09.2018 First Appellate Authority's response 09.10.2018 Date of diarised receipt of Appeal by the Commission 18.10.2018 FACTS: Full Article
ai Ramdayal Rajak vs Eastern Railway (Kolkata) on 9 May, 2020 By indiankanoon.org Published On :: Sat, 09 May 2020 00:00:00 +0530 1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Railway, DRMO Howrah Division seeking information on two points, including, a) To provide a copy of S.DPO/HWH Letter No. E/Engg/OC/Policy/Pt.IV/2nd Phase dated 31.07.2015, 07.08.2015, and, b) To provide a copy of seniority list of Track Maintainer III and IV from 2007 to 2015. 2. The CPIO, vide reply dated 27.04.2020, provided requisite information to the appellant. The appellant filed a first appeal dated 24.04.2018 on the ground of no information furnished by the CPIO. The first appeal was not disposed of by the FAA. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground of non-receipt of information and requested the Commission to direct the CPIO to provide the information sought for. Full Article
ai Debashis Dutta vs Eastern Railway (Kolkata) on 9 May, 2020 By indiankanoon.org Published On :: Sat, 09 May 2020 00:00:00 +0530 1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Railway, Sealdah Division, Kolkata seeking information on two points pertaining to his representation dated 31.05.2018, including, a) Whether his aforesaid representation dated 31.05.2018 addressed to Sr. DOM/SDAH has been considered or disposed of, and b) If disposed of, please serve a copy of the same at the earliest. 2. Having not received any response from the CPIO, the appellant filed a first appeal dated 25.07.2018. The first appeal was not disposed of by the FAA. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground that no information has been furnished by the respondent and requested the Commission to direct the CPIO to provide the information sought for and take appropriate legal action against the CPIO and the FAA. Full Article
ai Prasenjit Mondal vs Eastern Railway (Kolkata) on 9 May, 2020 By indiankanoon.org Published On :: Sat, 09 May 2020 00:00:00 +0530 1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Railway, DRMO, Howrah Division seeking information on two points, including, a) To provide a copy of S.DPO/HWH Letter No. E/Engg/OC/Policy/Pt.IV/2nd Phase dated 31.07.2015, 07.08.2015, and b) To provide a copy of seniority list of Track Maintainer III and IV from 2006 to 2015. 2. The CPIO did not provide requisite information within stipulated period to the appellant. The appellant filed a first appeal dated 24.04.2018 on the ground of no information furnished by the CPIO. The first appeal was also not disposed of by the FAA. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground of non- receipt of information and requested the Commission to direct the CPIO to provide the information sought for. Full Article
ai Arun Kumar vs East Central Railway (Hajipur) on 9 May, 2020 By indiankanoon.org Published On :: Sat, 09 May 2020 00:00:00 +0530 1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), East Central Railway, DRMO, Dhanbad seeking information on four points, including, inter-alia; a) Whether rules or instructions issued by Director General, Railway Board in East Central Railway, Dhanbad are valid or not, b) Whether or not the rules/instructions as per the RBI No. 61/2015, letter no. E(N-G)1-2015/R E-3/2 dated 12.06.2015, is valid in the matter of re-absorption of the medically unfit RPF/RPSF employees into an alternate position? Provide a certified copy of the said rule, Full Article
ai Arun Kumar vs East Central Railway (Hajipur) on 9 May, 2020 By indiankanoon.org Published On :: Sat, 09 May 2020 00:00:00 +0530 1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), East Central Railway, DRMO, Jharkhand seeking information on three points, including, "(a) What action has been taken on the appellant's application regarding making adjustments to the alternative post in Samastipur division (East Central Railway), (b) What action was taken by the Screening Committee on the appellant's application, which was received by Electronic Grievance Redressal Arrangement (EGRS) vide no. 24652 on 05.12.2017, regarding the adjustment of the optional post, and (c) To provide certified copies of all the documents along with the complete file in the name of the appellant, available with the Screening Commissioner, including the written application accepted by the appellant for the clerical post." Full Article
ai Arun Kumar vs East Central Railway (Hajipur) on 9 May, 2020 By indiankanoon.org Published On :: Sat, 09 May 2020 00:00:00 +0530 1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), East Central Railway, DRMO, Jharkhand seeking information on six points pertaining to technician post, including, inter-alia; a) Is the proof of validation issued in the railway hospital by the screening committee on the optional post after medical distortion valid, b) What is the medical category for the post of Technician Grade-III, c) Does the post of technician grade-III fall in the category of sedentary job. And other related information. 2. The CPIO, vide reply dated 09.05.2018, provided point wise information to the appellant. Being dissatisfied by the information provided on point nos. 3 and 6, the appellant filed a first appeal dated 25.05.2018. FAA, vide order dated 15.06.2018, upheld the CPIO's reply. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on similar grounds and requested the Commission to direct the CPIO to provide the information sought for. Full Article
ai Bhaskar Roy vs Eastern Railway (Kolkata) on 9 May, 2020 By indiankanoon.org Published On :: Sat, 09 May 2020 00:00:00 +0530 1. The appellant filed an online application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Railway, Kolkata seeking information regarding General Conditions to Contract applicable to the works (contracts) under Eastern Railways for the year 2000, 2003 and 2010-2018. 2. The CPIO, vide letter dated 13.07.2018, offered inspection to the appellant. Being dissatisfied, the appellant filed a first appeal dated 30.07.2018 requesting to provide the information sought for. FAA, vide order dated 28.08.2018, upheld the reply of CPIO. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground of incomplete information furnished by the CPIO and requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the respondent. Full Article
ai Anand Mishra vs Eastern Railway (Kolkata) on 9 May, 2020 By indiankanoon.org Published On :: Sat, 09 May 2020 00:00:00 +0530 1. The appellant filed an online application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Railway, Kolkata seeking information on seven points regarding reduction of pension of the Pensioner Shri Ganesh Chandra Mishra with PPO No. 02101265992 including, a) Reason for 75% reduction of Pension, b) Whether any inquiry was held against the Pensioner due to which pension was reduced, c) Copy of Notice issued to the pensioner informing him that he is subject to an inquiry, d) Receipt of confirmation showing Notice received by the Pensioner, e) Transcript of the inquiry and report of inquiry, if any, held against the pensioner, Full Article
ai Shailender vs State Of Haryana on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 The petitioner is seeking regular bail in FIR No.219 dated 05.10.2019 under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sadar, Bahadurgarh, District Jhajjar. Counsel for the petitioner has argued that the allegation against the petitioner is that 605 grams Charas was recovered from him which he was allegedly carrying in a red colour bag. He submits that the alleged recovery is non-commercial. He further submits that he is in custody since 05.10.2019 and the trial is likely to take sometime to conclude. 1 of 2 ::: Downloaded on - 09-05-2020 20:52:28 ::: CRM-M-52914 of 2019 {2} Full Article
ai Jarnail Singh vs State Of Punjab on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 Learned counsel for the petitioners inter alia contends that no specific role has been attributed to the petitioners. In fact, it is a case of version and cross version, wherein, both the parties received injuries. Initially, the FIR was registered under Sections 324, 323, 148, 149 IPC and it was after a period of 3½ months from the date of occurrence, an offence under Sections 326 IPC was added. It has been further submitted that petitioner No.1 - Jarnail Singh, who was alleged to have been armed with Kapa has been attributed a simple injury. Petitioner No.2 - Jaspal Singh @ Jagpal Singh, who was alleged to be armed with a dang, too was attributed a blunt simple injury. Full Article