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Cr No.-78/202 vs Ravi Shankar Kumar on 8 May, 2020

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-78/2020 Page No.-1 of 3 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, noticing return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.




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Sh. Santosh Kumar Mittal vs M/S International Trading Agency on 8 May, 2020

1. The plaintiff has filed the present suit against the defendant for recovery of Rs. 2,72,858/­. The brief facts of the present case are as under :­ 1.1 That the plaintiff is the proprietor of M/s S.K. Enterprises and doing the business of government electrical contractor since 1995.

1.2 That defendant No. 2 is known to the plaintiff for more than 20 years and defendant No. 2 was running his business of sale of electrical goods as proprietor/partner of defendant No. 1 for the last 7/8 years from the aforesaid address and presently doing the business from the top floor of the aforesaid address.

1.3 That in the first week of March, 2015 defendant No. 2 had requested for a friendly loan of Rs. 2,50,000/­ from the plaintiff for some urgent business need for one week and considering the old friendship with defendant no. 2, the plaintiff had agreed to give a sum of Rs. 2,00,000/­ to the defendants but defendant No. 2 was insisting to increase the amount from Rs. 2,00,000/­ and accordingly, the plaintiff had agreed to give Rs. 2,01,000/­ to the defendants as a friendly loan for one week to the defendant and transferred an amount of Rs. 2,01,000/­ on 09.03.2015 by RTGS No. 17673 from the account of his firm M/s S.K. Enterprises Page 2 of 10 bearing No. 034902000001291 with Indian Overseas Bank, Roop Nagar, Delhi to the account of defendant No. 1 bearing No. 914020024386296 with Axis Bank, Mukherjee Nagar, Delhi having IFSC code No. UTIB0001838.




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V. Avinash vs The Inspector Of Police on 4 May, 2020




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Libyan officials: Shelling at Tripoli's only working airport

Fighting between forces loyal to rival governments over Libya's capital intensified Saturday with heavy artillery shelling hitting the sole functioning airport in Tripoli, setting jet fuel tanks ablaze and damaging passenger planes, authorities in west Libya and the UN said. The Tripoli-based Transportation Ministry said one of the damaged aircraft had been scheduled to leave Tripoli to bring back Libyans stranded in Spain by the coronavirus lockdown. It blamed east-based forces fighting to take the capital for over a year for the attack. Libya has been in turmoil since 2011, when a civil war toppled long-time dictator Moammar Gadhafi, who was later killed. The country has since split between rival administrations in the east and the west, each backed by armed groups and foreign countries. Brega Petroleum Marketing Company said the shelling at Mitiga airport set its jet fuel tanks on fire. The company, which is part of Libya's National Oil Corporation, shared footage of apparent ...




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COVID-19: Obama lashes out at Trump in call with supporters

Former President Barack Obama harshly criticized President Donald Trump's handling of the coronavirus pandemic as an absolute chaotic disaster during a conversation with ex-members of his administration. Obama also reacted to the Justice Department dropping its criminal case against Trump's first national security adviser, Michael Flynn, saying he worried that the basic understanding of rule of law is at risk. More than 78,400 people with COVID-19 have died in the United States and more than 1.3 million people have tested positive, according to the latest estimates from the Center for Systems Science and Engineering at Johns Hopkins University. Obama's comments came during a Friday call with 3,000 members of the Obama Alumni Association, people who served in his administration. Obama urged his supporters to back his former vice president, Joe Biden, who is trying to unseat Trump in the Nov. 3 election. What we're fighting against is these long-term trends in which being selfish, being




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Foo Fighters 'shelve' album

American rock band Foo Fighters has decided to shelve its upcoming album amid the coronavirus pandemic. Frontman Dave Grohl said while the group has completed the album, there are no plans to release it anytime soon, reported Contactmusic. "We've kind of shelved it for now to figure out exactly when it's going to happen," Grohl said. The musician is spending the lockdown with his family and is staying away from his guitar. "By the time we finish and I'm satisfied, it's such a release that I'm really not anxious to jump back into it," he added.




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Sheridan Smith gives birth to first child

Actor Sheridan Smith has welcomed her first child with fiance, insurance broker Jamie Horn. "The Royle Family" star shared a picture of their baby boy clutching onto her finger on Instagram on Saturday. "Our little man has arrived! We are both completely overwhelmed with love," Smith, 38, captioned the picture. No other details about the child have been revealed. Smith, also known for starring in sitcoms "Two Pints of Lager and a Packet of Crisps" and drama series "Cilla" about the life of English singer Cilla Black, announced her pregnancy last October.




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South Korean province shutting down bars again

The governor of a province that surrounds Seoul ordered the two-week shutdowns of all nightclubs, hostess bars and other similar entertainment facilities in his province to guard against a possible new surge in coronavirus cases. Lee Jae-myung, the Gyeonggi province governor, announced the steps Sunday, a day after Seoul shut down more 2,100 nightclubs, hostess bars and discos in the capital city as dozens of fresh infections linked to clubgoers have been reported in recent days. The province and Seoul form the Seoul metropolitan area, where about half of South Korea's 51 million people reside. Earlier Sunday, South Korea reported 34 additional virus cases over the past 24 hours, the first time the country's daily jump has marked above 30 in about a month. Health authorities said that 24 of the 34 cases were those who had visited clubs in Seoul's Itaewon entertainment neighborhood in the past several days or people who came in contact with them later. New cases linked to the Itaewon ..




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BJP against introduction of creamy layer provision for SC-ST people: Sushil Modi

Bihar Deputy Chief Minister Sushil Kumar Modi on Saturday said the BJP is in favour of reservation in promotion and against introducing the creamy layer provision for the Scheduled Castes and Scheduled Tribe categories. The central government headed by Narendra Modi is committed to protect the rights of SCs and STs, he said and expressed support to the demand of the states SC and ST MLAs to include "reservation" meant for them in the Ninth Schedule of the Constitution so that they cannot be challenged in courts. The demand of the legislators belonging to SC and ST categories from all parties came in the wake of the recent Supreme Court order asking the Centre to revise the list of reserved categories for providing quotas so that benefits trickle down to the needy. The MLAs said the apex court judgment virtually advocated for implementing the provision of creamy layer in the reservation meant for SCs and STs. Sushil Modi said, When two Constitution benches ruled in ...




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Odisha reports 24 new Covid cases, tally mounts to 294

Twenty-three Surat returnees were among 24 people who tested positive for COVID-19 in Odisha on Saturday, taking the total cases in the state to 294, the Health and Family Welfare department said. Of the 24 fresh Covid cases, Ganjam reported 18, while three came from Mayurbhanj and one each from Nayagarh, Bhadrak and Sundergarh. Nayagarh district reported its first novel coronavirus case when a 40-year-old Surat returnee tested positive to the disease. With this, the COVID-19 has now spread to19 of the 30 districts of Odisha. At present, there are 224 active cases in the state and 68 people have recovered. Two people from Bhubaneswar have succumbed to the disease, an official said adding that 343 persons are in hospital isolation. The state health department had on Friday conducted 3,348 tests for COVID-19, he said, adding that Odisha has so far tested 56,322 samples. As per an analysis by the department, 246 of the state's total 294 cases have been reported from five ...




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Migrant row: TMC dares Shah to prove allegations, BJP says WB govt bothered about one community

The ruling TMC in West Bengal and opposition BJP on Saturday traded barbs over ferrying migrant labourers, after Union Home Minister Amit Shah flagged the issue of "non-cooperation" by the state government, leaving the Mamata Banerjee-led party fuming, which accused him of spreading lies. In what is certain to escalate tension between the state government and the Centre, Shah, in a letter alleged that West Bengal was not allowing trains with migrant workers to reach and termed it as an "injustice" to these labourers. The state BJP unit claimed the West Bengal government is only interested in bringing back people from a "particular community". TMC leader and nephew of the chief minister, Abhishek Banerjee, earlier in the day tweeted: "A HM failing to discharge his duties during this crisis speaks after weeks of silence, only to mislead people with a bundle of lies! Ironically he's talking about the very ppl who've been literally left to fate by his own Govt. Mr @AmitShah, prove your ...




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COVID-19 death toll rises to 3 in Odisha; 58 new cases

Ganjam district in Odisha reported its first COVID-19 death after a man succumbed to the virus on Sunday, taking the death toll in the state to three, an official of the health department said. The total number of coronavirus cases in the state has climbed to 352, with 58 more testing positive for the disease, the official said. At least 41 of them are those who returned from Surat in Gujarat recently, he said. Last month, Odisha had reported two COVID-19 deaths - both in state capital Bhubaneswar. Of the 58 new cases, 29 are from Ganjam district, 15 from Balasore, and 1 from Mayurbhanj. Angul district registered coronavirus cases for the first time, with 13 people there contracting the virus. Twenty of the 30 districts in the state have so far reported COVID-19 cases. The number of active cases in the state has climbed to 281. At least 68 people have recovered from the disease. On Saturday, 3,458 samples were examined in the state. A total of 59,780 samples have been tested so ..




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Shops, vehicles to operate in Meghalaya from Monday

Apart from Shillong which currently has two active COVID-19 cases, the Meghalaya government has allowed shops to reopen and vehicles to ply across the state from Monday. The decision was taken at a review meeting chaired by Chief Minister Conrad K Sangma, official sources said. "The deputy commissioners and district transport officers have been asked to work out the modalities for regulating (public and private transport) on a rotation basis," Deputy Chief Minister Prestone Tynsong said on Saturday. All passenger vehicles have been asked to run with 50 per cent occupancy. In Shillong, Tynsong said, the government has granted permission to automobile and stationery shops for resuming business, while adhering to social distancing norms. The relaxations, however, do not apply to two main commercial hubs Lewduh market and Khyndailad market for now, he stated. Meanwhile, the state has ordered mandatory home quarantine for people who recently visited two medical facilities ..




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Naval ship arrives in Kochi with 698 repatriated Indians from Maldives

INS Jalashwa carrying 698 repatriated Indian citizens from the Maldives arrived in Kochi harbour on Sunday morning, completing the Indian Navy's first massive evacuation exercise from foreign soil during the COVID-19 lockdown, official sources said. The passengers would disembark from the cruise terminal of Cochin Port Trust, they said. Inspector General of Police Vijay Sakhare said all arrangements are in place to facilitate the safe stay of those repatriated, comprising 440 Keralites and people from other parts of the country. Four passengers are from Lakshwadeep. Besides these, the other passengers are from Tamil Nadu (187), Telganana (9), Andhra Pradesh (8), Karnataka (8), Haryana, Himachal Pradesh, Maharashtra and Rajasthan (3 each) and Goa (1), Assam (1). There are seven passengers each from Uttarakhand and West Bengal, Delhi (4), Puducherry (3), while there are two passengers each from Uttar Pradesh, Madhya Pradesh and Jharkhand, the sources said.




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COVID-19 may force auto cos into more automation on shop-floor, less reliance on contract labour: EY

The Indian automotive sector will continue to face challenges related to non-availability of labour and concerns over health and safety management on the shop-floor following the coronavirus pandemic, which may force firms to accelerate adoption of digital technologies in manufacturing, a report by consultancy firm EY said. This health crisis will settle gradually and would leave a profound impact on people and the ways of working especially on the shop-floor. There will be several changes to existing working norms and guidelines that organisations will need to abide by in order to ensure safety at the workplace, said the report titled 'Now, next and beyond: Auto factory of the future'. Elaborating on how automotive shop-floors will evolve and adopt digital technologies post COVID-19, the report said automobile companies will now have to rebuild and reinvent a new ecosystem to accommodate the new normal that is likely to emerge. "The auto sector will continue to face challenges ...




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Indian, Chinese troops clash near Naku La in Sikkim sector

Troops of India and China were involved in a fierce face-off and many of them sustained minor injuries in the clash near Naku La in the Sikkim sector along the Sino-Indo border on Saturday, official sources said. The troops disengaged after dialogue at the local level, they said. "Troops resolve such issues mutually as per established protocols. Such an incident occurred after a long time," said a source.




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Govt should allow private vehicles to ferry migrants: Raut

Senior Shiv Sena leader Sanjay Raut on Sunday said the Maharashtra government should give permission to private vehicles for ferrying migrant labourers to their native places during the lockdown. Raising concern over migrant workers setting off for their hometowns on foot, Raut said they were falling sick and some have also died. "The labour class is walking back home, this is not a good picture. Their children are with them. Railways is not ready to operate trains for them. The state government should give permission to private vehicles to ply," Raut tweeted. "People are falling ill while walking. Some have died. Even then their walking hasn't stopped, the Rajya Sabha member further said. Sixteen migrant workers sleeping on rail tracks while returning to Madhya Pradesh were crushed to death by a goods train in Aurangabad district of Maharashtra in the early hours of Friday. The labourers, rendered jobless due to the coronavirus-enforced lockdown, had set off for their ...




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Batsman should be given out LBW if any ball goes on to hit the stumps: Chappell

Former Australia captain Ian Chappell has proposed radical changes in the LBW laws, stating that a batsman should be given out leg before as long as the ball is hitting the stumps irrespective of the spot of its landing and impact. Chappell also said captains should agree on one way of working up the ball which will encourage swing bowling, even as the ICC is considering the use of artificial substances to shine the ball instead of sweat and saliva in post COVID-19 scenario. "The new lbw law should simply say: 'Any delivery that strikes the pad without first hitting the bat and, in the umpire's opinion, would go on to hit the stumps is out regardless of whether or not a shot is attempted'," he wrote in a column for ESPNcricinfo. "Forget where the ball pitches and whether it strikes the pad outside the line or not; if it's going to hit the stumps, it's out." The 76-year-old said the change in lbw law would attract expected criticism from the batsmen but it would make the game more ...




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Amid lockdown, MP govt reshuffles 50 IAS officers

In a major administrative reshuffle amid the lockdown, the Madhya Pradesh government has transferred 50 Indian Administrative Service (IAS) officers, including some additional chief secretaries, principal secretaries and a former chief secretary. This is the first major bureaucratic rejig by the BJP-led state government since Shivraj Singh Chouhan became chief minister in March this year. As per the order issued on Saturday night, former chief secretary Gopal Reddy has been posted as chairman of the revenue board at Gwalior, I C P Keshari as vice chairman of the Narmada Valley Development Authority, Vinod Kumar as additional chief secretary (ACS) of the general administration department and J N Kansotia as ACS of the animal husbandry department, official sources said. Besides, Anupam Rajan is posted as principal secretary of the public relations and higher education departments. The government has removed P Narhari as commissioner of the public relations department and ...




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Uttarkashi reports first COVID-19 positive case

Uttarkashi on Sunday reported its first COVID-19 case, raising Uttarakhand's coronavirus tally to 68. Uttarkashi district falls in the green zone.The red, orange and green zone classification is based on the number of coronavirus cases, doubling rate of coronavirus cases, and the extent of testing and surveillance The man, who tested positive, hails from Dhanaripatti village in Dunda block and had returned recently from Surat in Gujarat, Chief Medical Officer DP Joshi said. Three persons who came along with him in separate two wheelers from Gujarat have been kept in isolation, he said, adding contact tracing is underway. The 32-year-old man's swab sample was tested at AIIMS, Rishikesh, Joshi said.




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AP overall COVID-19 tally shoots up by 50 to 1,980

: The Chennai Koyambedu connection had a clear reflection on the number of fresh coronavirus cases in Andhra Pradesh on Sunday as the border districts of Chittoor and SPS Nellore reported 16 and five in the last 24 hours as the states overall tally shot up by 50 to 1,980. The official bulletin showed one fresh Covid-19 death in Kurnool district and put the overall count at 45, as the one fatality reported in Vizianagaram on Saturday was not added to the table. Over 160 people with contacts to people who returned from the Koyambedu wholesale market in Chennai were traced in Chittoor district and tests so far revealed 27 COVID-19 positive cases in the last two days, official sources here said. With the fresh additions, the number of active cases in Chittoor rose to 38. SPS Nellores tally also crossed the century mark to 101 but the number of active cases here was 36. Nellore too had the Koyambedu connection and officials were busy tracing the contacts of the Chennai ...




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Vanishing people, vanishing livelihoods


Nomadic communities make up about 7 percent of India's population, but policy makers have largely ignored them, says Bahar Dutt.




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A few chapters short


The new National Curriculum Framework has put the child firmly at the centre of its proposals. But critics point out that it has overlooked many problems, such as the lack of infrastructure, inadequate teacher training, and continuing social biases. Some provisions have also been attacked as obscurantist. Deepa A reports.




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Should education be compulsory?


The Education Bill 2003 is well-intended, but its implication for contemporary Indian conditions must be examined first, says Sankrant Sanu.




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No end to a shameful practice


Despite laws abolishing the inhuman practice of manual scavenging, over a million dalits in 'superpower India' are caught in a vortex of severe social and economic exploitation. Even the central government pleaded lack of resources in failing to implement the law effectively, writes Sunil Kuksal.




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Govt shining, Media mining


The India Together editorial.




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Living-in: Shades of grey


A Supreme Court ruling putting live-in relationships on par with marriages raises difficult questions. Will it pit one woman's right to legal protection against another's? Does it overlook bigamy? Shoma Chatterji reports.




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Stress in the sunshine sector


In the workplaces of the times - the call centres of global corporations - Indian expertise is rewarding, but also has significant downsides, says Geeta Seshu.
Part I : The global beck and call service




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Young flesh in the trade


A recent report commissioned by the National Human Rights Commission finds that many children and women listing as 'missing' are in fact trafficked. Malvika Kaul reports.




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Securing live-in relationships


The Maharashtra government recently approved a proposal where a woman in a live-in relationship for a "reasonable period" of time would get the status of a "wife". Ramesh Menon has more.




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Lucknow’s new landmark Sheroes upholds the indomitable spirit of humanity


Manjari Singh reports on the opening of the Lucknow branch of Sheroes Hangout, a café run and managed by acid attack survivors under the guidance of the humanitarian organisation “Stop Acid Attacks”




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Federalism, citizenship and decentralisation


Ramesh Ramanathan




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Landless and fighting, as ground beneath shifts


Some sections in Kerala are already blaming the land reform law for hurting big industrial projects; meanwhile around 10,000 dalit and adivasi families are locked in a struggle for the original entitlements that never came, reports M Suchitra.




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India Shining?


Shivani Chaudhry




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Citizen Lakshmi


She lives in a six feet by eight feet hut in Mumbai and pays a whopping Rs.400 per month for electricity that lights one bulb and a table fan. She is a leader of her community, and yet some better off want her disenfranchised. Kalpana Sharma rebuts a new divisive cry in Mumbai.




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The question of English


A meaningful and enduring bilingualism, embracing both English and the mother tongue, remains out of reach of the vast majority of citizens, writes Ramachandra Guha.




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Pope’s Encyclical: Is this the push the world needed?


Pope Francis’s Encyclical talks about poverty, social inequality, climate change, and other global crises mankind has created and proposes newer ways to resolve them. Ashish Kothari finds the Encyclical lacking in certain aspects but hopes that other religious and political leaders will learn to stand up and speak up like the Pope.




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Media, democracy and citizenship


A prerequisite of democracy is the democratization of communication, which in turn requires the empowerment of individuals.




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Why shoot the messenger?


If the members of the board were concerned about protecting the academic research character of the journal they chose the wrong person to serve as the editor. Anup Kumar explains




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Documenting the flesh trade


"I wanted to show not just a few victims, but to help viewers understand the mechanics and the politics of trafficking and migration," says Ananya Chatterjee. Shoma Chatterji revies Understanding Trafficking.




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The brouhaha on censorship


The tremendous rage against Pahlaj Nihalani around the Udta Punjab (2016) issue finally resolved by the High Court gives a reason to revisit some memorable deletions and suggestions made by the Central Board of Film Certification (CBFC) over the years, says Shoma Chatterji.




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Calcutta HC steps in against corporal punishment


A division bench passed a series of orders last month while hearing a public interest litigation alleging that the West Bengal government had failed to enforce the ban against violence on children in schools. Shoma Chatterji reports.




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Shielding campuses from violence


Violence during college union elections, the death of a protesting 22-year-old student in police custody and a resultant chain of events have led to earnest debates in West Bengal over whether students should stay away from active politics. Promona Sengupta explores the reality underlying prevailing sentiments.




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Just breathing during this lockdown: Boxer Vikas Krishan

In the last two months – after coming back from Amman, Jordan (where he secured Olympic quota in the 69kg category) – Vikas has been cooped up at his farmhouse in Bhiwani, Haryana, due to the pandemic-forced nationwide lockdown.




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Batsman should be out LBW if ball goes on to hit the stumps: Ian Chappell

Former Australia captain Ian Chappell has proposed radical changes in the LBW laws, stating that a batsman should be given out leg before as long as the ball is hitting the stumps irrespective of the spot of its landing and impact.




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Prakash Mehta to attend 26/11 anniversary programme on behalf of CM Fadnavis

Minister for Industries, mines and parliamentary affairs Prakash Mehta will attend the programmes regarding 26/11 on behalf of chief minister Devendra Fadnavis.




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NCP attacks Maharashtra CM for not paying visit to 26/11 memorial

NCP today slammed chief minister Devendra Fadnavis for not paying homage to the martyrs of 26/11 terror attacks by visiting the memorial built for them.




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India keeping close eye on Bangladesh polls




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‘Shift wholesale goat market out of Wathoda’




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Amid chants of Jai Maharashtra, Shramik Express chugs off