2. Only to avoid repetition of facts relating to the petitioner and because the nature of agreements with the respondent(s) in both the petitions are similar, both the petitions involving claim for a money decree have been heard together and shall be governed by this common judgement and order.

3. As noted earlier, the petitions have been filed for money decree. In BP No. 39 of 2018, the total claimed amount is for Rs.1,31,40,753.00 involving dues payable from October 2015 onwards, In B.P. No, 163 of 2018, the claim is for an amount of Rs.7,53,44,675.00 to cover dues from January 2011 | onwards. The prayer has been made for pendente lite and future interest also at the rate of 18% p.a. in both the petitions. In B.P. No.163 of 2018, there is an additional prayer for an amount of Rs. 63,843.00 said to have been deducted by the respondent{s) as TDS during the Financial Year 2011-12 but allegedly not deposited with the Income Tax Authorities,

Mr, Saniay Govind Dhande & Ors. .. Respondents BERPORE:

HON BLE MR.FUSTICE SHIVA BIRTI SINGH, CHAIRPERSON For Petitioner (in C.A. No.l of 2014) =: Mr, Thyagrajan, Advocate Ms. Akanksha Banerjee, Advocate For Petitioner (in C.A. No.4 of 2014) : Mr. Alok Sharma, Advocate For Respondents > Mr. Arpun Natrajan, Advocate QRDER By S.K. Singh, Chairperson -- At the outset, it ig recorded that learned counsel for Vodafone Cellular Ltd, appellant in Cyber Appeal No.1 of 2014 has informed that the name of the above corporate entity now stands changed to Vodafone Idea Lid. He prays that this change may be recorded and the changed name should appear in the judgment. This prayer has not been opposed by the learned counsel for the other side and hence the change in the name of Vodatone Cellular Ltd. to that of Vodafone Idea Lid. is recorded and the cause title of this judgment and order is accordingly modified so as to teflect the name of Vodafone Idea Lid. Cyber Appeal No.1 of 2014 has been taken as the lead matter. The appellant in the other appeal (Cyber Appeal No.4 of 2014) Le. ICICT Bank Lid. is one of the respondents in Cyber Appeal No.1 of 2014,

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.

2. The petitioner company carries on the business of receiving signals from broadcasters of various television channels and of redistributing the same through franchisee cable network. The respondent company carries on business as a broadcaster/content provider. Both the parties are service providers and as such amenable to the jurisdiction of this Tribunal.

3. Through this petition, the petitioner is seeking recovery of Rs.1,44,84,050/- (Rupees One Crore Forty Four lakhs Eighty Four Thousand Fifty Only) said to be the outstanding dues inclusive of interest as on 09.02.2016 along with interest @ 18% till the date of realization from the respondent. The dues are towards carriage fee for the services availed by the respondent from the petitioner for carriage of its television channel "Mi Marathi".

2. We heard the Learned Counsel for the parties. This application was filed by the Applicant in the matter of the grant of the mining lease to the Respondent No.1 for executing the construction work of the road from the Jaora-Piplodha-Jalandharkheda & Piploda - Sailana at the instance of the Respondent No. 8/Madhya Pradesh Road Development Corporation Ltd. (MPRDC). For the aforesaid purpose the Respondent No.1 was granted temporary mining lease in July, 2013 for mining of material i.e. stone/boulder and murrum from the land in Khasra no. 308/1/1/a, village Amba, Tahsil Sailana, District Ratlam. The question raised by the Applicant was looking to the close proximity to the site of the aforesaid mining lease granted to the Respondent No.1, to the Sailana Wildlife Sanctuary famous for the Lesser Floricon bird, commonly known as Kharmour which is reported to be on the verge of near extinction and the aforesaid Sanctuary is one of the few habitats left over for the breeding purpose preferred by this bird, would be extensively disturbed as a result of the mining activity in such close proximity of the Sanctuary as also the fact, as was revealed before the Tribunal during the hearing, that the extent of the area of the Sailana Wildlife Sanctuary was limited to just about 13 sq.km.

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.

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.

2. The Informant is an individual user/consumer of the services provided by PayU and other e-payment gateways.

3. PayU is a fintech company that provides payment technology solutions to online merchants. It was founded in the year 2002 and has its head-quarter at Hoofddorp, Netherlands. It allows online businesses to accept and process payments through payment methods that can be integrated with web and mobile applications. Further, PayU is the e-payment division of Naspers, a global internet and entertainment group and one of the leading technology investors in the world. Naspers is a leading financial services provider in the global growth markets and is engaged in the business of providing payment gateway services and other digital payment enablement services to both consumers and businesses. It also holds a Non- Banking Financial Company ('NBFC') license in India to offer credit services.

5 Mr. Rishi Gulati, "IGBT-based power quality compensation solutions are high Business end solution in terms of technology as compare to non IGBT Development which our company manufacturing. As per my market Manager, experience, I can say that approximately IGBT based power Cummins India quality compensation solution cost double to the customer as Ltd. compare to non IGBT base solutions. Switching speed is in nano seconds in IGBT based solutions whereas switching speed is in milliseconds in TSC or non-IGBT solutions."

2. Brief facts and allegations in the present case are summarised as under:

a. The Informants i.e., Mr. Meet Shah and Mr. Anand Ranpara are individuals residing in Ahmedabad and Rajkot, respectively.

b. OP-1 is the Ministry of Railways, which controls Indian Railways, a departmental undertaking of the Government of India which is administered by the Railway Board. The Ministry of Railways through Railway Board also owns and administratively controls a large number of Public Sector Undertakings including IRCTC.

c. OP-2, IRCTC is a public sector enterprise incorporated under the Companies Act, 1956 and is stated to be an extended arm of Indian Railways. OP-2 is, inter-alia, engaged in online ticketing operations of Indian Railways.

Case No. 34 of 2019 1

2. The Informant is an association of the plywood manufacturers in State of Assam. The OP is a public sector undertaking of Government of Assam established for production of methanol and formalin.

3. As per the Information, formalin is used by plywood units for manufacture of resin, which, in turn, is used as a binding agent in the manufacture of plywoods. The Informant states that formalin is purchased by them from OP, which is the sole unit in North-Eastern India manufacturing the same. The Informant has alleged that the OP is abusing its dominant position by charging a discriminatory price of formalin in State of Assam and State of West Bengal, while it charges Rs. 15,300/- per Metric Tonne ('PMT') in State of Assam, it charges only Rs. 11,000/- PMT in State of West Bengal.

2. As stated in the information, the Informant is a pharmaceutical wholesaler who had placed an order for purchase of drugs from USV on 31.07.2019. Kundan vide its letter dated 06.08.2019, confirmed receipt of the said order of the Informant along with documents and demand draft.

3. The Informant alleged that USV imposed the following unfair conditions on the Informant:

 Collection of goods from Pune C&F agent (Kundan), which is 360 km away from the Informant's location.  The Informant is not entitled to return any product purchased from USV for any reason whatsoever including those on account of expiry or damage.  Advance payment to be paid every time.  The Informant cannot purchase the products of USV from any other C&F agent.

2. The Informant has filed the information for Teleclub (Alberta Limited), Canada in the capacity of its CEO. It is submitted by the Informant that Teleclub is one of the international telecom carriers in Canada.

3. As per publically available information, OP-1 is an Indian subsidiary of Britain based Vodafone Group PLC, which started Indian operations in 2007 with the acquisition of controlling interest in Hutch Essar. In 2018, Vodafone acquired Idea Cellular and became the largest telecom service provider in India. Likewise, OP-2 and OP-3 are also major telecom service providers operating in India. Further, as per publicly available information, OP-4 is the largest Information and Communications Technology ("ICT") service provider, systems integrator and all-in-one network solutions company operating in India, which has partnered with major network operators to deliver global network solutions.

2. Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

WP(C).8416/19 4

3. The singular contention urged by the learned counsel for the petitioner is that the first respondent had committed a fundamental error in adopting the revised assessed tax of the year 2007-08 as the basis for revising the assessment and refixing the compounded tax liability for the years 2008-09, 2009-10 and 2010-11. In support of this contention, attention is drawn to Section 7(b) of the KGST Act and reliance is placed on the decisions in Sicilia Hotel Pvt. Ltd (Supra), and Kalyan Tourist Home v. State of Kerala (2017 (2) KLT 761).

4. Opposing the contentions, the learned Government Pleader would submit that, the power for revising the assessment after payment of compounded tax under Section 7(b) cannot be limited to be based only on the tax payable as conceded in the return or accounts or the turnover tax paid for any of the previous consecutive three years. It is contended that there is no inhibition in Section 7 that revision of assessment cannot be on the basis of assessed tax. It is submitted that this position has been succinctly laid down by the Division Bench in Kalika Hotel and Bar, Amballur(M/s) v. State of Kerala (2012 (3) KHC 85) and The Commercial Tax Officer v. M/s Hotel Breezeland Ltd. (2019 (2) KLT 432).

The above appeal was originally filed as a 'Motor Accident Claim Appeal', ('MACA'). The appeal memorandum reflected that the appeal was filed under Section 341 of the Code of Criminal Procedure(Cr.P.C.), read with Section 169(2) of the Motor Vehicles Act, 1988. When the Registry of this court noted defect, the appeal was sought to be be filed under Section 173 of the Motor Vehicles Act. The Registry has not yet accepted the same for the reason that the order impugned is not an Award passed by the Motor Accidents Claims Tribunal, as required under Section 173 of the Motor Vehicles Act. The Unnumbered Crl. Appeal 16 of 2020 -:4:- Registry noted that, probably an original petition under Article 227 of the Constitution of India alone may lie against the order impugned. However, the matter was posted before the Bench for hearing on the question of maintainability. On 05.09.2016, learned counsel appearing for the appellants conceded that the Registry is correct in holding that an appeal will not lie under Section 173 of the Motor Vehicles Act. He sought time for curing the defect, which was allowed. Thereafter the case was re-presented with correction made in the 'Docket Sheet' in the cause title portion, styling it as an 'appeal', instead of "MACA". But the memorandum of appeal in all other respects remained as such. On the request of the counsel for the appellants, the matter was posted before this Bench, for hearing on the question of maintainability. Senior Advocate Sri. P. Vijayabhanu has consented to assist the court as Amicus Curiae. Hence the question of maintainability was heard in detail.

Income Tax Appeal Nos. 135/2019 & 146/2019 are filed challenging a common order passed by the Income Tax Appellate Tribunal, Cochin Bench in ITA Nos.536/Coch/2018 and 537/Coch/2018, dated 12-03-2019. Income Tax Appeal No.313/2019 is filed against the revised order passed by the same Tribunal ITA No.537/Coch/2018, dated 11-10-2019. The assessee was the appellant before the Tribunal, who is the appellant herein. The revenue is the respondent.

2. Appellant is a company registered under the Companies Act, engaged in wholesale and retail trade of beaverages within the State of Kerala, and is a 'State Government Undertaking' falling within the 'Explanation' provided under Section 40 (a) (iib) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short). With respect to I.T. Appeal Nos. 135, 146 & 313/2019 -5- the assessment year 2014-2015, the Deputy Commissioner of Income Tax, Circle-2 (1), Thiruvananthapuram finalized the assessment of income tax against the appellant, under Section 143 (3) of the Act, through the order of assessment dated 14- 12-2016. But, the Principal Commissioner of Income Tax, Thiruvananthapuram initiated proceedings under Section 263 of the Act and set aside the order of assessment, on holding that the same is erroneous and is prejudicial to the interest of the revenue, to the extent it failed to disallow the debits made in the Profit and Loss Account of the assessee with respect to the amount of surcharge on sales tax and turn over tax paid to the State Government, which ought to have been disallowed under Section 40 (a) (iib) of the Act. Against order of the Principal Commissioner of Income Tax, issued under Section 263 of the Act, dated 25-09-2018, the appellant approached the Tribunal in ITA No.536/Coch/2018.

"(i) to issue a writ of mandamus or such other writ, order or direction to the respondents 1 and 2 not to proceed against the properties of the petitioners which is not a secured asset of the 1st respondent bank for the debts due from the third respondent.

(ii) to issue a writ of certiorari or such other writ, order or direction quashing all proceedings pursuant to Exhibit P1 pending before the Chief Judicial Magistrate Court, Thriruvananthapuram, finding that the property sought to be taken possession is not a secured asset of the 1st respondent.

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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 ।

“ 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 ।

SHRIMATI ANUPRIYA PATEL (MIRZAPUR): I beg to present the following Reports (Hindi and English versions) of the Standing Committee on Energy (2019-20) :-

(i)                 1st Report on Demands for Grants relating to the Ministry of New and Renewable Energy for the year 2019-20.

(ii)               2nd Report on Demands for Grants relating to the Ministry of Power for the year 2019-20.

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.

संसदीय कार्य मंत्री; कोयला मंत्री तथा खान मंत्री (श्री प्रहलाद जोशी): सभापति महोदया,जब स्मृति ईरानी जी बोल रही थीं,उस समय श्री टी.एन. प्रथापन और एडवोकेट डीन कुरियाकोस ने दुर्व्यवहार किया है, जो निंदात्मक है । This is most condemnable. महिला संसद सदस्य के सामने थ्रेटनिंग पोजीशन में आना,यह बिलकुल गलत है । She was talking as a lady Member of this House, and at that time, everybody had expressed their opinions. मेरा एक्सप्रेशन करने का स्टाइल अलग है और अधीर रंजन जी का अलग है । But if you become aggressive, ऐसा करना बिल्कुल ठीक नहीं है । It is most uncalled for. मैं अधीर रंजन जी से आग्रह करता हूं कि उन दोनों माननीय सदस्यों को बुलाइए और माफी   मंगवाइए ।  They should ask for the apology unconditionally. …(Interruptions)

2. Notice issued shall indicate that reply shall be filed within two days of the receipt of notice.

List on 27th April 2020.

(RAJNESH OSWAL) (GITA MITTAL) JUDGE CHIEF JUSTICE Jammu 23.04.2020 Raj Kumar RAJ KUMAR 2020.04.23 15:38 I attest to the accuracy and integrity of this document

When this case was taken up for consideration, learned counsel for the petitioner submits that during the pendency of these petitions, the petitioner has been retired on superannuation, therefore, these petitions have been Page 2 of 2 SWP No.34/2017 in SWP No. 893/2017 rendered infructuous and may be dismissed as such. His statement is taken on record.

Accordingly, these petitions are dismissed as having been rendered infructuous along with connected CM(s).

Interim direction, if any, shall stand vacated.

For State : Mr. S.K. Mahala, PP.

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.1055/2019 was registered at Police Station Jhotwara, District Jaipur for offence under Sections 343, 366, 376 of I.P.C.

4. It is contended by counsel for the petitioner that there is an inordinate delay of lodging in FIR. As per the medical report, prosecutrix is aged 20 years. There are no marks of injury on her person and private parts.

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

... for the respondent.

The applicant is the respondent in an appeal against a money decree. The applicant apprehends that during the pendency of the appeal, the appellant may dispose of its assets or alienate the same.

Since the operation of the decree has not been stayed, it is open to the respondent to levy execution and seek the necessary protection. The injunction sought would not fall within the scope of this appeal.

(SANJIB BANERJEE, J.) (I. P. MUKERJI, J.) SG

2

The application has been filed on the ground of urgency that the special leave petition filed in the Supreme Court cannot be taken up immediately.

In view of the present situation, the time to comply with the order passed by the Trial Court is extended till June 30, 2020. However, this order will not be a charter for the applicant to continue manufacturing its products. Indeed, it is submitted on behalf of the applicant that no manufacturing activity is being undertaken in the present situation.

G. A. 804 of 2020 is disposed of without prejudice to the rights and contentions of the parties thereto.

The dispute in this appeal relates to valuation under the Customs Act, 1962 of import of certain items made by the respondent Steel Authority of India Ltd. (SAIL) under two contracts, bearing nos. PUR/PC/MOD/08.01/Pt.II dated 31.10.1989 and PUR/PC/MOD/08.01/Pt-I dated 29th March 1990. These imports were made in connection with modernisation, expansion and modification 1 for their plant at Durgapur in West Bengal. For this purpose, SAIL had floated seven Global Tender Contract Packages. The two contracts were part of these Tender Contract Packages. They were registered with the customs authorities for the purpose of project import benefits in terms of the 1962 Act. The first contract involved in this appeal was with a consortium consisting of a German Company, Hoestemberghe & Kluisch, GMBH and H & K Rolling Mills Engineering Private Limited, an Indian Corporate entity. The second contract was also with a German Company, Siempelkamp Pressen Systeme and the Indian entity was Escon Consultants Private Ltd, with whom the consortium was formed. Both these contracts were in connection with modernisation of SAIL’s rolling mills at the aforesaid plant.

1. Leave granted.

2. This appeal challenges the judgment and order dated 12.2.2019 passed by the High Court1 dismissing Letters Patent Appeal No.97 of 2019 1 The High Court of Delhi at New Delhi 2 Civil Appeal No.2379 of 2020 (arising out of SLP (C) NO.5269 of 2019) BCH Electric Limited Vs. Pradeep Mehra and thereby affirming the decision of the Single Judge of the High Court in Writ Petition No.10318 of 2017.

3. By Trust Deed executed on 19.03.1979 between the appellant, a company registered under the Indian Companies Act, 1956 on one hand and three trustees on the other, an “Approved Gratuity Fund” was constituted “for the purpose of providing Gratuities to the employees of the Company under the Payment of Gratuity Act, 1972 (hereinafter referred to as ‘the Act’) and the Gratuity Scheme of the Company”.

1. Leave granted.

2. This appeal arises out of the final judgment and order dated 14.12.2018 passed by the High Court1 in Writ Petition (Civil) No.2730 of 2018 preferred by the appellant herein.

3. The facts leading to the filing of this appeal, in brief, are as under:-

1

High Court of Delhi at New Delhi CIVIL APPEAL NO. 2377 OF 2020 (@ SLP (C) NO.1169 OF 2019) VODAFONE IDEA LTD (EARLIER KNOWN AS VODAFONE MOBILE SERVICES LIMITED) VS. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 26 (2) & ANR.) 2 A] The appellant-Vodafone Idea Ltd. (earlier known as Vodafone Mobile Services Ltd or VMSL for short) is engaged in providing telecommunication services in different circles.

1. Special leave granted. The parties were heard, with consent of their counsel.

2. These appeals are directed against a common judgment in LPA No. 1200/2013 (in CWJC No. 3640/2013), LPA No. 1170/2013 (in CWJC No. 3740/2013), LPA No. Signature Not Verified 1174/2013 (in CWJC No. 4265/2013) and LPA No. 1352/2013 in CWJC No. 3640/2013) of the Patna High Court, dated 24.06.2015. Digitally signed by DEEPAK SINGH Date: 2020.05.06

3. One set of appeals (arising from SLP(C) Nos. 23202-23204/2015) has 16:03:11 IST Reason:

been preferred by the Bihar Staff Selection Commission (hereafter “BSSC”) and 2 the other set (referred to as “the aggrieved party appellants”) by several aggrieved parties, who were appellants before the Division Bench of the High Court, in four intra-court appeals, which had questioned the judgment and order of a learned single judge. The single judge set aside the results of the main examination, with consequential directions to the BSSC to prepare fresh results of the Graduate Level Combined Examination-2010, in accordance with the directions of the Court in relation to deletion/modification of questions and answers as stipulated in the judgment. The aggrieved party appellants were not party to the writ proceedings, but had been declared selected in terms of the results first published, and subsequently were shown as not qualified under the revised results pursuant to the directions of the Court by the learned single judge. Three appeals to the Division Bench were by candidates who were writ petitioners and had impugned the judgment of the single judge in not granting them full relief in respect of all questions that were challenged. These parties were not selected in the final results declared.

1. Leave granted.

2. The moot question in this appeal emanating from the judgment and order dated 19.11.2018 in Writ Petition No. 39418/2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh1 is: whether the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India ought Signature Not Verified Digitally signed by to entertain a challenge to the assessment order on the sole DEEPAK SINGH Date: 2020.05.06 16:03:16 IST Reason:

1 For short, “the High Court” 2 ground that the statutory remedy of appeal against that order stood foreclosed by the law of limitation?

1. The present petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The petition has been heard by way of video conferencing.

2. It is pertinent to mention that present public interest litigation has been filed with the following prayers:-

W.P. (C) 3050/2020 Page 1 of 5

a) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to make provisions for the payment of salaries to the Health Workers in time. and

b) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to make provisions for the payment „risk and hardship‟ allowance, incentives in form of bonus, additional salary to the Health Workers who are presently serving on the frontline in view of the present lock down situation due to the COVID 19 situation in the country;

1. All the four writ petitions seek identical relief in the nature of a writ of Mandamus directing the respondents to permit the petitioners to avail input tax credit of the accumulated CENVAT credit as of 30th June, 2017 by filing declaration Form TRAN-1 beyond the period provided under the Central Goods and Services Tax Rules, 2017 (hereinafter, the "CGST Rules"). Additionally, petitioners also assail Rule 117 of the CGST Rules on the ground that it is arbitrary, unconstitutional and violative of Article 14 to the extent it imposes a time limit for carrying forward the CENVAT credit to the GST regime. However, all the petitioners have unanimously stated that if the Court were to give directions to the respondents to permit them to file the statutory Form TRAN-1 to avail the input tax credit, they would be satisfied and not press for the relief of challenging the vires of the provisions of the Act.

1. The hearing was conducted through video conferencing.

OMP (I) (COMM.) 95 & 96/2020 Page 1 of 4

2. Petitioner, by the present petition, under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the "Arbitration Act"), inter alia seeks a restraint on the respondent from invoking and encashing the performance bank guarantees issued by respondent no. 2 on behalf of the petitioner and further seeks a direction to respondent no. 1 to release the payments due to the petitioner under the relevant contracts.

3. It is submitted that the respondent no. 2 is a Performa party.

4. Several contracts have been executed between petitioner and respondent no. 1 for provision of services, personnel and equipment. The contracts were executed as part of a composite transaction for the performance of services between petitioner and respondent no. 1 and are subject to and governed by Master Services Agreement and Master Supply Agreement.

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.

... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kundwa Chainpur PS Case No. 174 of 2019 dated 06.11.2019 instituted under Sections 272/273 of the Indian Penal Code and 30(a)/41(1) of the Bihar Prohibition and Excise Act, 2016.

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,

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2. Heard learned Advocate Mr. H. I. Pathan for petitioner and learned Advocate Mr. Y. K. Delmade for respondent No.1.

3. It has been vehemently submitted on behalf of the petitioner ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:39 ::: 3 WP 1700-2019 husband that, the learned trial Judge failed to consider that, there was nothing on record which would positively show that the wife has been subjected to domestic violence. A cryptic order has been passed only on the basis of contents of the application and by ignoring the say filed by the respondent. There was nothing to show that, the husband had deserted the wife. Further the husband had filed petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act before Family Court at Nanded vide Petition No. A 91 of 2016, it has been decided on 02-02-2018, thereby decreeing the petition and directing the wife to resume cohabitation. Under such circumstance, the wife is not entitled to get maintenance much less interim maintenance. He, therefore, prayed for setting aside the impugned order.

And In the matter of: Amit Kumar Kamat @ Amit Kumar @ Lala...petitioner Mr. Koustav Bagchi.........for the petitioner Mr. Neguive Ahmed.........................for the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hour of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims that since the petitioner has been in custody for a long time and the charges are of dacoity, the petitioner should be given a reprieve temporarily.

-vs-

The State of West Bengal For the Appellants : Mr. Soumopriyo Chowdhury Mr. Abhishek Gupta Ms. Ishita Roy.........Advocates For the State : Mr. Saswata Gopal Mukherjee, Ld.PP Mrs. Kakali Chatterjee.........Advocate Heard on : 11.02.2020 Judgment on : 07.05.2020 Arijit Banerjee, J.: 1) This is an appeal against the judgment and order dated 12th

February, 1998 passed by the learned Sessions Judge, Coochbehar in Sessions Trial No. 2(6) 96 arising out of Sessions Case No. 97/94, thereby holding the appellants guilty of having committed offences under Sections 302/34 and 201/34 of the Indian Penal Code (for short 'IPC'). The appellants are two (2) out of thirteen (13) accused persons. Nine (9) accused persons were acquitted by the Ld. Trial Judge and four (4) accused persons including the appellants were convicted and sentenced to life imprisonment. Two (2) of the convicts died during the pendency of the appeal.

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