(Dhiraj Singh Thakur) Judge Srinagar:

18.03.2020.

"Shameem H."

SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document

(Dhiraj Singh Thakur) Judge Srinagar:

18.03.2020.

"Shameem H."

SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document

List again on 17.04.2020.

(Sanjeev Kumar) Judge JAMMU 18.03.2020 Shivalee SHIVALEE KHAJURIA 2020.03.18 16:52 I attest to the accuracy and integrity of this document

Dasti notice is also permitted.

List on 23.03.2020.

(Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document

List again on 11.05.2020.

Meanwhile, subject to objections from the other side and till next date before the Bench, respondent No. 5 shall indicate to the petitioner the bid which has been received by respondent No. 5 in respect to the e- auction Notice No. DGM/DMO/Spn/310-18 dated 07.02.2020. It is further provided that in case the petitioner has been found to be eligible in all respects and has given the bid higher then respondent No. 4, in that event, respondents shall not proceed further in the matter.

(Sanjeev Kumar) Judge JAMMU 18.03.2020 SHIVALEE KHAJURIA 2020.03.18 16:52 Shivalee I attest to the accuracy and integrity of this document

List on 01.06.2020.

(Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document

By virtue of order dated 29th January, 2020, it was made clear that if the matter was not argued on next date of hearing the interim directions issued would stand vacated.

Today yet again Mr. Haqani is not present and a request is made for adjournment.

SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document

--2--

Request as made is rejected. The interim direction in all the three cases i.e. SWP No.2002/20132, SWP No.844/2012 and SWP No.2151/2011 are vacated.

List again on 27th May, 2020.

(Dhiraj Singh Thakur) Judge Srinagar:

" It is therefore, humbly prayed that a direction may kindly be given to the In Charge Sub District Jail, Kupwara to release the petitioners on bail after perusal of the report certified copy of which is placed on record and C. D file is called and the objections are called from the concerned prosecution agency and the arguments of both sides are heard in this behalf and till the instant bail application is finally decided the petitioners are making out a prima facie case for their release on interim bail and the accused may kindly be granted interim bail till the petition is finally decided as the same has been rules by the Hon'ble Supreme Court and the same prayer is made before this Hon'ble Court."

Learned counsel for the petitioner submits that despite the fact that the petitioner approached initially the Chief Judicial Magistrate, Srinagar, for registration of case against the respondent No. 6, by filing application/complaint under Section 156(3) Cr. PC, but even on the directions of the concerned Magistrate, the Crime Branch has not acted upon the directions. It is further submitted that the petitioner approached the respondent Director School Education, and brought into his notice the fraudulent approach adopted by the respondent No. 6 in fabricating the documents for excluding the role of petitioner as Chairman of the Holy Mission School, Narbal, Budgam, but no action is taken. It is submitted that on failure of the official respondents to take action in tune with the statutory provisions, the petitioner has no option but to approach this Court for seeking the relief as prayed for.

"6. Having said so, it would be open to the authorities concerned to consider the representation, if any, that is pending before them. However, no mandamus can be issued by this Court for enforcement of the clauses contained in the Transfer Policy for the purpose of enforcement.

02. In the present petition, the petitioner has impugned the order bearing endorsement No. GMS/B/20-1198 dated 12.03.2020, whereby, petitioner has, again, been transferred with immediate effect.

03. Since transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding transferable post has no right to insist that he should be allowed to serve at a particular place for a particular period.

"a). A writ of mandamus commanding upon the respondents more particularly respondent No. 1, to consider and decide the application of petitioner forwarded by respondent No. 2 Director School Education, Kashmir, vide communication No. DSEK/Estt- III/B-Trs/06/2019/Kup/5092 dated 27.08.2019.

b) A writ of mandamus, commanding the respondents to consider the case of the petitioner for inter-District transfer in light of the policy in vogue and also in light of the Medical Board recommendations."

03. Since transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding transferable post has no right to insist that he should be allowed to serve at a particular place for a particular period.

SWP No. 2648/2018;

CCP(S) No. 402/2019 regarding correct allotment of the GP Fund Computer Code numbers is pending before the respondents and has not been concluded, therefore, the respondents could not have proceeded to withhold the salary of the petitioners since the month of December, 2017, that too, without issuing any formal order to the petitioners. It is contended that the petitioners are continuing to discharge their duties uninterruptedly at their respective places of posting, however, their salary is not being released without there being any rhyme or reason. The petitioners claim that despite they having approached the respondents repeatedly, their salary was not released constraining them to approach this Court through the medium of writ petition bearing SWP No.2648/2018, wherein they prayed for the grant of following relief(s) in their favour:

Hon'ble Mr. Justice Ali Mohammad Magrey.

Whether approved for reporting: YES/No Judgment

1. Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 141/DMB/PSA/2019 dated 30.03.2019, purporting to have been passed by District Magistrate Baramulla, whereunder detenu namely Firdous Ahmad Wani s/o Late Ghulam Mohammad Wani R/o Mohalla Bazar Seri Warpora, Pattan District Baramulla, is under detention.

2. Grounds pleaded in support of prayer are that after having been quashed the earlier detention order no. 66/DMB/PSA/2018 dated 20th August 2018, the detenu was again detained in terms of the detention order impugned in this petition on the so called "dossier" placed before respondent no.2, on the same and similar grounds. It is submitted that his further detention was necessary to prevent him from indulging in activities prejudicial to the maintenance of the security of the State and national law, accordingly while in police custody he was ordered to be detained in preventive custody vide impugned detention order passed by District Magistrate, Baramulla. The earlier detention order was challenged in H.C. Petition No. 239/2018 which was allowed vide judgment dated 11th Dec. 2018, but instead of releasing him from custody, the detaining authority again passed the detention order impugned in the instant petition. During arguments the learned counsel has further elucidated the contents of petition with reference to annexures placed on record, and contended that neither the detention in question was legal nor were grounds HCP no155/2019 1|Page 2 thereof duly communicated to the detenu even though quite vague and unfounded.

Permission is granted and the objections as also the report submitted by Mr T. M. Shamsi, ASGI, is taken on record.

Perusal of the communication supra reveals that the detenue, on reference to Medical Superintendent of AIIMS Hospital on 3rd March, 2020, for medical examination, has been informed about constitution of Medical Board in terms of letter No. M.22- 9/Medical Board/ 2020-ESTT (H) dated 13.03.2020. The Medical Superintendent has, however, reported that at present the general condition and vitals of the inmate are stable and satisfactory. The communication further reveals that the detenue will be sent to the Medical Board as and when called by it.

Let Mr B. A. Dar, learned Sr. AAG, keep the detention records available on the next date of hearing.

Hon'ble Mr. Justice Ali Mohammad Magrey.

Whether approved for reporting: YES/No Judgment Through the instant petition, petitioner father of detenu seeks quashment of detention order bearing no. DMS/PSA/81/2019 dated 16.08.2019, passed by District Magistrate Srinagar, whereby the detenu namely Tufail Ahmad Zaldar S/o Mohammad Shafi Zaldar R/o Ranger Stop Zaldar Mohalla, Saidakadal, Srinagar, is under detention.

2. In the dossier it is alleged that the detenu is involved in anti- national activities, disturbing the public tranquility and peace in the area of Saidakadal and its adjacent areas. It is submitted that the detenu was found indulging in disturvbing the maintenance of public order by way of resorting to stone pelting. It is submitted that the detenu is a constant threat to the security of the State. It is submitted that the detenu was arrested in cases FIR no. 70/2019 u/s 307, 147 RPC and FIR 47/2019 u/s 147, 148, 336 RPC registered at Police Station Nigeen. Therefore, on these allegations he was slapped under Public Safety Act, 1978.

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For the Appellants : Mr. Vijay Kumar Roy, Advocate. For the State : Mr. Praveen Kumar Appu, A.P.P.

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04/Dated: 06/05/2020 Heard, learned counsel for the appellants Mr. Vijay Kumar Roy and learned counsel for the State Mr. Praveen Kumar Appu, Additional Public Prosecutor.

At the very outset, learned counsel for the appellants has submitted that he may be permitted to make necessary correction in application regarding the provision of law.

Permission is granted.

Learned counsel for the appellants is directed to make necessary correction within 30 days after the lock down period is over as the country is passing through pandemic disease (COVID-

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For the Appellant : Mr. Manoj Kumar Choubey, Advocate.

For the State : Mr. Rakesh Ranjan, A.P.P. --------- 04/Dated: 06/05/2020

The appeal has been filed under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per Act, prayer for bail of the accused is to be considered under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in appeal under Section 14A of the Act.

From perusal of record, it appears that earlier this appellant has moved before this Court in Cr. Appeal (S.J.) No. 917 of 2019, which was dismissed as withdrawn by Coordinate Bench of this Court (Anubha Rawat Choudhary, J.) on 16.10.2019. Subsequently, the appellant has preferred the present appeal, which is instituted as Cr. Appeal (S.J.) No. 147 of 2020 on the ground that the appellant is in custody since his surrender on 20.06.2019 and co-accused has been enlarged on bail by the police during investigation of the case.

2. Kanthi Choudhary ...Opp. Parties CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : - Mr. Vijay Kumar Roy, Advocate For the State :- Mr. Pankaj Kumar, A.P.P.

06/06.05.2020 The present revision petition is taken up through Audio/Video conferencing.

Heard learned counsel for the petitioner as well as the learned A.P.P. appearing on behalf of the State of Jharkhand (opposite party no.1).

Admit.

Issue notice to the opposite party no. 2.

2. Chitranjan Kumar Singh ...Opp. Parties CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : - Mr. Manish Kumar, Advocate For the State :- Mrs. Laxmi Murmu, A.P.P.

06/06.05.2020 The present revision petition is taken up through Audio/Video conferencing.

Heard learned counsel for the petitioner as well as the learned A.P.P. appearing on behalf of the State of Jharkhand (opposite party no.1).

Admit.

Issue notice to the opposite party no. 2.

2. Learned counsel for the petitioner undertakes to file the court fee as soon as the judicial work in the High Court gets normal after end of the lockdown prevailing due to Corona (Covid-19) pandemic.

3. The present writ petition has been preferred by the petitioner for quashing and setting aside the notice dated 17.04.2020 issued by the District Certificate Officer, Seraikella-Kharsawan (the respondent no.5) whereby the Director of the petitioner-company has been directed to show cause as to why he should not be committed to civil prison for not depositing the certificate amount. Further prayer has been made for quashing and setting aside the letter as contained in memo no. 667 dated 16.04.2020 issued by the Deputy Commissioner, Seraikella-Kharsawan (the respondent no. 3) directing the respondent no. 5 to immediately issue warrant of arrest against the Director of the petitioner-company and to take steps for attachment of its property. The petitioner has also prayed for setting aside the final order if any passed under Section 10 of the Bihar & Orissa Public Demand Recovery Act, 1914 (in short "the Act, 1914") and to restrain the respondent authorities from taking any precipitate action against the petitioner including suspension of its agreement for milling of rice. Learned counsel for the petitioner, in course of argument has also prayed for an interim protection from any action to be taken by the respondent authorities pursuant to the impugned notice dated 17.04.2020.

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For the Petitioner : Mr. Suraj Singh, Advocate For the State : Mr. Hardeo Prasad Singh, A.P.P.

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02/07.05.2020. The bail application of Umesh Choudhary has been moved by Mr. Suraj Singh, learned counsel for the petitioner and opposed by Mr. Hardeo Prasad Singh, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

Mr. Suraj Singh, learned counsel for the petitioner submits that he will remove the defects when the physical appearance in the High Court will start.

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For the Petitioner : Mr. Rahul Ranjan, Advocate For the State : Mr. Ravi Prakash, A.P.P.

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02/07.05.2020. The bail application of Lalu Kumar Rana @ Lalu Rana has been moved by Mr. Rahul Ranjan, learned counsel for the petitioner and opposed by Mr. Ravi Prakash, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

In view of the allegations, let the case diary and antecedent report of the petitioner be called for from the court concerned.

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For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mr. Arun Kumar Pandey, A.P.P.

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02/07.05.2020. The bail application of Jatin Kumar Manjhi @ Jatin Manjhi has been moved by Mr. Rohan Mazumdar, learned counsel for the petitioner and opposed by Mr. Arun Kumar Pandey, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

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For the Petitioners : Ms. Shamma Parveen, Advocate For the State : Ms. Lily Sahay, A.P.P.

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th 02/Dated: 07 May, 2020

1. The petitioners have been made accused for the offence registered under Sections 370/ 366A of the Indian Penal Code.

2. Learned counsel for the petitioners is present.

3. Learned A.P.P., submits that case diary is required to assist this Court in the matter, hence prays for time to procure the case diary.

4. Heard. On prayer of learned A.P.P, office to list this case on 08.06.2020.

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For the Petitioners : Mr. Birju Thakur, Advocate For the State : Mr. P. K. Jaiswal, A.P.P.

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02/Dated: 07th May, 2020

1. The petitioners have been made accused for the offence registered under Sections 323, 354(A), 354(B), 376, 511 and 34 of the Indian Penal Code.

2. Having heard learned counsel for the petitioners and learned A.PP and on perusal of the deposition of the victim, i.e., P.W. - 1, at Annexure - 2, it appears that during the trial, the victim has deposed that accused Bajrang along with three other accused had caught hold of her and she has identified Bajranj but has not identified the petitioners. In cross- examination she has categorically stated that the petitioners were not present at the time of occurrence.

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For the Appellant : Mr. Gaurav, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P.

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th 05/Dated: 07 May, 2020

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail, to the petitioner, during the pendency of the appeal.

2. The petitioner/ appellant has been convicted for the offence under Sections 25(1-A)/35, 26(2)/35 of the Arms Act and Section 17(2) of Criminal Law Amendment Act by the court of learned Additional Sessions Judge - I, Simdega, in Sessions Trial No.131 of 2017.

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For the Petitioner : Mr. Suraj Singh, Advocate For the State : Mr. P. K. Jaiswal, A.P.P.

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th 06/Dated: 07 May, 2020

1. Learned counsel for the petitioner submits that he shall file the requisites of notice under registered cover with A/D as well as under ordinary process, to be served upon O.P. No.02, at the earliest.

2. On prayer of learned counsel for the petitioner, office to list this case on 09.06.2020.

(AMITAV K. GUPTA, J.) Chandan/-

2. Manoj Mahato @ Manoj Kr. Mahato

3. Mantu Mahato @ Mantu Lal Mahato

4. Kirtichand Mahato @ Kiriti Bhushan Mahato

5. Nem Chand Mahato

6. Gopal Mahato --- --- Petitioners Versus The State of Jharkhand --- --- Opposite Party

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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

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For the Petitioners : Mr. Rakesh Kumar, Advocate For the State : Mr. Shiv Kumar Sharma, A.P.P.

Learned counsel for the petitioner submits that the name of the petitioner and his alias name in the body of the petition tallies with his name in the complaint petition, Aadhar Card, impugned order and also in the body of vakalatnama except where petitioner has inscribed his signature. Therefore, the same may be ignored.

In view of the submission made, let the instant defect be ignored. Learned counsel for the petitioner, in present circumstances, undertakes to remove the remaining defect no. 9(ii) and (iii) regarding filing of certain pages within a week. Defect no. 9(v) is ignored as according to the learned counsel for the petitioner, last page of the restoration application is not of much relevance. Defect no. 9 (iv) is also ignored.

Learned counsel for the petitioner prays that defect no. 9 (ii) and (iv) which relates to page no. 19 of the petition may be ignored as page is otherwise legible and complete except the last line which is not of much significance. Accordingly, defect no. 9 (ii) and (iv) is ignored. So far defect no. 9(iii) is concerned which relates to non-filing of duly certified typed copy of handwritten pages at Annexure-2 & 3, in view of the submission made by learned counsel for the petitioner, it is also ignored.

2. Petitioner is an accused in connection with C.P. Case No. 96/2019 for the offences registered under sections 498(A) and 323 of the Indian Penal Code, pending in the Court of Miss Babita Mittal, learned Judicial Magistrate, 1st Class, Bokaro.

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For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mr. Gouri Shankar Prasad, A.P.P. -----

02/07.05.2020. The bail application of Md. Shamim @ Sotti in connection with Jharia P.S. Case No. 499 of 2014, corresponding to G.R. No. 4917 of 2014 registered for the offences under Sections 25(1)(A)(B)(C) of the Arms Act, has been moved by Mr. Rohan Mazumdar, learned counsel for the petitioner and opposed by Mr. Gouri Shankar Prasad, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

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For the Petitioner : Mr. Kaushal Kishor Mishra, Advocate For the State : Mr. Ravi Prakash, A.P.P. -----

02/07.05.2020. The bail application of Gulli Mandal @ Gurudeo Mandal in connection with Cyber P.S. Case No. 08 of 2018 registered for the offences under Sections 419/420/467/468/471/120(B) of the Indian Penal Code and Sections 66(C) and 66(D) of the Information Technology Act, has been moved by Mr. Kaushal Kishor Mishra, learned counsel for the petitioner and opposed by Mr. Ravi Prakash, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

2. Karmu Mahato @ Karmu Mahto --- --- Petitioners Versus The State of Jharkhand --- --- Opposite Party

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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

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For the Petitioners : Mr. Suraj Singh, Advocate For the State : Mr. Satish Kumar Keshri, A.P.P.

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03/ 07.05.2020 Heard learned counsel for the petitioners and learned A.P.P through Video Conferencing.

2. Amit Kumar Paswan @ Amit Kumar --- --- Petitioners Versus The State of Jharkhand --- --- Opposite Party

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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

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For the Petitioners: Mr. Sujit Kr. Singh, Advocate For the State : Mr. Birendra Burman, A.P.P.

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03/ 07.05.2020 Heard learned counsel for the petitioner and learned A.P.P for the State through Video Conferencing.

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For the Appellants : Mr. Lukesh Kumar, Advocate For the State : Mr. Sardhu Mahto, A.P.P.

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th 04/Dated: 07 May, 2020

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail, to the petitioners, during the pendency of the appeal.

2. The petitioners/ appellants have been convicted for the offence under Sections 25(1-A), 26(2) read with Section 35 of the Arms Act by the court of learned Additional Judicial Commissioner, II, Ranchi, in Sessions Trial No.361 of 2016.

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.-98/2020 Page No.-1 of 4 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. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating 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.

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.-96/2020 Page No.-1 of 4 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. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating 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.

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.-89/2020 Page No.-1 of 4 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. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating 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.

2. The case of the plaintiff as disclosed from the plaint is that the plaintiff is engaged in the business of providing internet services under licence from Department of Telecommunications, Ministry of Communications & Information Technology. The defendants approached the plaintiff for taking internet services and after negotiations the plaintiff agreed to provide services to a defendant and thereafter the plaintiff and the defendant signed customer application form (CAF) on 04.04.2015. The plaintiff provided the internet services to a defendant No. 1 company on monthly basis and after providing the services, the plaintiff raised bill of Rs.27,54193/­ and out of the said amount the defendants paid a sum of Rs. 22,08,000/­ and the balance sum of Rs. 5,46,193/­ is outstanding and due against the defendants which defendants failed to pay despite demands from the plaintiff.

2. I had the benefit of hearing Mr.J.Barathan, learned counsel appearing for the petitioner and Mr.T.S.Mohamed Mohideen, learned Standing Counsel, who took notice on behalf of the respondents, namely, the Commissioner, Madurai City Municipal Corporation and the Assistant Commissioner (Zone 2), Madurai City Municipal Corporation. 2/6 http://www.judis.nic.in W.P.(MD)No.6070 of 2020

3. The petitioner in his affidavit had stated that the property bearing plot No.131, East Fifth Street, K.K.Nagar, Madurai Town, originally belonged to his mother, and later devolved to the petitioner. The assessment was also transferred in his name in the revenue records. He claims to have paid the property tax, water tax, drainage maintenance charges up to second half year of 2017-2018. The petitioner was employed in Alagappa University and owing to that, had let out the property on rent and the tenant had put the property to commercial use. This was during the period 2015–2017. It has been informed by the learned counsel appearing for the petitioner that originally the property was assessed to pay at around Rs.3,000/- per half year. Subsequently, the impugned order came to be passed and in the same time, the rental value per square feet at Rs.9/- had been fixed and a demand has been raised for a sum of Rs.47,580/- which has been claimed to be the property tax assessed per half year. The learned counsel claims that this is highly un-reasonable and also complains that necessary opportunity had not been granted to him prior to re-assessment of the property tax. 3/6 http://www.judis.nic.in W.P.(MD)No.6070 of 2020

2.We commend the efforts taken by the Police in tracing the girl in the present strained circumstances.

3.In view of the above, this Habeas Corpus petition stands closed.

[ P.N.P.J.,] [ B.P.J.,] 05.05.2020 Index : Yes / No Internet : Yes / No dsk 2/4 http://www.judis.nic.in H.C.P(MD)No.252 of 2020 To

At least six security personnel, including an Army major, were killed when a roadside bomb struck a patrol vehicle in southwestern Pakistan's restive Balochistan province, close to the border with Iran. The Army on Friday said in a statement that a vehicle of paramilitary Frontier Corps was targeted through a remote-controlled improvised explosive device (IED) in Kech district's Buleda area, about 14 km from the Iran border. A major and five soldiers were killed while one soldier was injured, according to the Army. Baloch militants on Saturday claimed responsibility for the attack. The Baloch Liberation Army (BLA) in a statement said the roadside bomb was planted by its operatives and it will continue its struggle until the establishment of an independent homeland and a free society". BLA is a banned entity in Pakistan. It was also declared a terrorist group by the US in 2019. Security sources said the route where the explosion took place was monitored round the clock because of ...

The coronavirus in Japan has brought not just an epidemic of infections, but also an onslaught of bullying and discrimination against the sick, their families and health workers. A government campaign to raise awareness seems to be helping, at least for medical workers. But it's made only limited headway in countering the harassment and shunning that may be discouraging people from seeking testing and care and hindering the battle against the pandemic. When Arisa Kadono tested positive and was hospitalized in early April, she was only identified as a woman in her 20s in food business. Soon, friends let her know that groundless rumours were circulating: that the family-run bar she helps with was a hotbed of virus; that she had dined with a popular baseball player who was infected earlier but she has never met; that she was sneaking out of the hospital and spreading the virus. It was as if I was a criminal, Kadono said in an interview from her home in Himeji, western Japan, after ending

South Korea's president says his proposal to North Korea on jointly tackling infectious diseases such as the COVID-19 illness remains valid, though the North hasn't responded. President Moon Jae-in told reporters Sunday that he believes the North is suffering various difficulties over the coronavirus pandemic. Moon didn't elaborate. His spy agency recently told lawmakers the virus pandemic resulted in sharply shrinking the North's external trade and causing panic buying in Pyongyang, the North's capital. Moon says he'll try to persuade North Korea to accept his offers for reconciliation projects after the pandemic is stabilized. Moon has proposed reconnecting severed railways, resuming reunions of families split by war and sending South Korean tourists to North Korea. North Korea has been taking intense anti-virus quarantine steps but it has steadfastly claimed there hasn't been a single case of the coronavirus on its territory. Many foreign experts are skeptical of the North's claim.

Pavle Jovanovic, who competed in bobsleigh for the United States at the 2006 Olympics, took his own life last weekend at the age of 43, the US Bobsled and Skeleton federation said Saturday. "The winter sports community has suffered a tragic loss," said federation chief executive Aron McGuire, a former teammate of Jovanovic. "Pavle's passion and commitment towards bobsled was seen and felt by his teammates, coaches, competitors, and fans of the sport. He lived life to the fullest and had a lasting influence on all those who had the opportunity to spend time with him." Jovanovic, who competed in bobsleigh for the United States at the 2006 Olympics, took his own life last weekend at the age of 43, the US Bobsled and Skeleton Federation said Saturday. "The winter sports community has suffered a tragic loss," said federation chief executive Aron McGuire, a former teammate of Jovanovic. "Pavle's passion and commitment towards bobsled was seen and felt by his teammates, coaches, competitors,

Dubbing Congress' criticism of the central government's handling of COVID-19 crisis as "absurd", the BJP on Saturday said the opposition party is weakening the country's fight against COVID-19 instead of extending cooperation. BJP's national media incharge Anil Baluni said Congress leaders, on a regular basis, are making "absurd statements on the behest of their party president Sonia Gandhi and Rahul Gandhi, to remain relevant in news". Baluni said the BJP-led government at the Centre welcomes Opposition's constructive suggestions in the battle against COVID-19, but "the opposition party should not do politics" over the pandemic. "Rather than becoming a part of the battle against COVID-19, the Congress is unfortunately resorting to politics and its leaders are trying to weaken the fight by making absurd statements, Baluni said. Underscoring that India has done relatively well than other countries and has been praised for effectively handling the coronavirus, Baluni said the Congress ..

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 ...

The Jawaharlal Nehru University on Saturday announced its academic calendar and said exams will be completed by July 31. JNU vice-chancellor M Jagadesh Kumar said the academic calendar has been unanimously approved by all the deans of Schools and Chairpersons of Special Centres. "Tentatively, students are expected to return to JNU campus between June 25 to and 30 so that they can complete their remaining academic components and complete their examinations. Examinations will be completed by July 31," he said. The next semester for the continuing students will start from August 1. Even if the examination results are not ready by July 31, students will have the opportunity to provisionally register and move on to the next semester. The entire monsoon semester registration process will be completely online making it easy for the students to register even from their homes," he said. The deadline for research scholars to submit their theses/dissertations has been extended to December ...

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 ...

Security forces have launched a search operation in a forest area near the International Border in Samba district after three grenades and 54 rounds of AK ammunition were recovered from the area, police said on Sunday. The explosives and ammunition were noticed by some villagers in the forest area near Goran village in Kandi belt on Saturday following which the police were informed, a senior official said. He said a joint search operation was launched following the recovery as the area used to be an old route for infiltration from across the border. Security forces had conducted massive combing operations all along the IB in Jammu, Kathua and Samba districts recently. However, nothing was found during these operations.