The petitioners in the writ petition, W.P (C) No.12189/2007, are the appellants herein, challenging judgment of the Single Judge dismissing the writ petition. The 1 st appellant is the State of Sikkim and the 2nd appellant is the Distributor of the paper lotteries organized by the 1st appellant in the State of Kerala. Constitutional validity of the Kerala Tax on Paper Lotteries Act, 2005 ('the Act' for short) is under challenge in the writ petition. The respondents herein are the respondents in the writ petition, the State of Kerala and its officials.

2. Brief history of the impugned legislation may be worthfull to mention. By virtue of the Finance Act, 2001, introduced with effect from 23-07-2001, the State of Kerala has introduced Section 5BA to the Kerala General Sales Tax Act, 1963 ('KGST Act' for short) imposing licence fee on the draw of W A No.648/2008 -4- lotteries, in lieu of tax payable under Section 5 (1) of the KGST Act. Validity of Section 5BA was under challenge before this court. In the decision in Commercial Corporation of India Ltd. V. Additional Sales Tax Officer and others (2007 (2) KLT 397) = (2007 (2) KHC 427) this court held that Section 5BA of the KGST Act is ultra vires and unconstitutional. Eventhough the State of Kerala filed appeal before the Division Bench, it was dismissed by relying on the dictum laid by the Hon'ble Supreme Court in Sunrise Associates V. Govt. of NCT of New Delhi and others (AIR 2006 SC 1908), in which earlier ruling of the Hon'ble Supreme Court in H. Anraj V. Govt. of Tamil Nadu (AIR 1986 SC 63) was reversed and it was held that no tax can be levied, collected or demanded in connection with sale of lottery tickets. A Special Leave Petition filed by the State of Kerala against the Division Bench decision was also dismissed by the hon'ble Supreme Court in the ruling reported in State of Kerala V. Prabhavathy Thankamma and others ((2009) 3 SCC 511).

By around 7:30 PM on 3-8- 2002, the Sub Inspector of Police, Chandera Police Station (PW1) received secret information that a person by name Anil Kumar (appellant) would be reaching the bus waiting shed situated at Matlayi by around 8:30 PM for the purpose of selling the opium in his possession. Immediately, PW1 recorded the information in the General Diary, intimated his Superior Officer, the Circle Inspector of Police, Nileshwaram and proceeded to the spot. The police party lay in wait near the bus waiting shed and by around 8:45 PM, the appellant reached the spot in an autorikshaw and entered the bus waiting shed. Immediately, the Police party rushed to the waiting shed and on the Crl.A.244/06 3 appellant attempting to flee, apprehended him. PW1 thereupon, asked the appellant whether he required the presence of a Gazetted Officer while his body was searched and on the appellant answering in the negative, his body was searched and a plastic packet recovered from the pocket of his pants. On examination, the packet was found to contain opium, for the possession of which the appellant had no licence. The opium was weighed and found to be 350 gms in weight. Two samples of 25 gms each, were collected from the contraband and were packed and sealed separately. The remaining opium was also packed and sealed in the same manner. Ext.P3 seizure mahazar was prepared and the accused was arrested. Exhibit P4 FIR was registered thereafter. Later, Exhibit P8 chemical analysis report was received finding the sample to be opium.

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.

2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor.

3. The registration of the first information report is the process in terms of which the criminal law is set in a cognizable case. True, the first information report and all further proceedings thereto can be quashed by this court either to prevent abuse of the process of any court or otherwise, to secure the ends of justice where the allegations made in the first information report, even if they are taken at their face value and accepted in their entirety, do not, prima facie, constitute any cognizable offence, or where the criminal proceedings is manifestly attended with malafide and/or where the proceedings is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to Crl.M.C.No.4440 of 2018 5 private and personal grudge. It is, however, settled that the power to quash the first information report is a power that must be exercised sparingly and with circumspection in rarest of rare cases. It is also settled that the court would not be justified in embarking upon an enquiry in such cases as to the reliability or genuineness or otherwise of the allegations made in the first information report. The court cannot also enquire whether the allegations in the first information report are likely to be established [See M.Narayandas v. State of Karnataka, (2003)11 SCC 251].

2. The petitioner is the sole accused in the crime which is registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 5(l) and 5(n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. The victim involved in the case is a girl aged 16 years. The accused is the husband of the younger sister of the mother of the victim. The accusation in the case is that on 08.08.2016, and on several days thereafter, the accused has raped and committed penetrative sexual assault on the victim. The final report in the case is sought to be quashed on the Crl.M.C.No.463 of 2020 3 ground that the grievance of the victim has been redressed, and she does not intend any more to pursue this matter. An affidavit to that effect by the victim is also part of the records.

2. Pursuant to the decision of the Government of Kerala to apply part of the proceeds of the financial aid received from the World Bank through the Government of India for execution of the work, namely "KSTP-II -Upgrading Punalur to Ponkunnam Road (SH 8) Package 8A: Km 0+000 (Punalur) to KM 29+840 (Konni)"(the Work), the Kerala State Transport Project (KSTP), the Consultant Engineer of the Government of Kerala for the World Bank aided projects, invited bids for construction and completion of the Work. Ext.P1 is the procurement notice issued by KSTP in this connection. It is specified in Ext.P1 notice that the bidding will be conducted in accordance with the Wpc nos.26853 & 31556 of 2019 6 procedures prescribed in the Guidelines issued by the World Bank for procurement under IBRD loans and IDA credits (current edition) and it will be open to all eligible bidders as defined in the said Guidelines to participate in the bidding process. In terms of the Invitation to Bid (ITB) published in this regard by KSTP, the prospective bidders could be individuals or joint ventures and they were to submit technical as also financial bids.

2. The petitioner, his elder brother Mohanan and his elder sister Sarasamma were residing in adjoining houses. Mohanan had a daughter named Arya, aged 13 years. She committed suicide on 2.2.2015 by hanging herself in a tree near W.P.(C) No.30976 of 2018 4 her house. The deceased was studying in 8 th standard at the relevant time. It was Sarasamma who first found Arya hanging in the three. The petitioner went to the spot hearing the hue and cry of Sarasamma. The matter was informed to the Police thereupon by the petitioner. In the autopsy, it was revealed that the deceased was subjected to both vaginal as also anal intercourse. The case which was registered earlier under Section 174 of the Code Of Criminal Procedure (the Code) was consequently amended as one under Sections 305 and 376 of the Indian Penal Code (the IPC) and also under Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act (the POCSO Act). In the investigation conducted thereupon, the Police came to the conclusion that it was the petitioner who has abused the deceased sexually and she committed suicide on account of the said reason. Consequently, final report was filed in the case under Sections 305 and 376 (2) (f) of the IPC and Section 3 read with Section 4 and Section 5(l) read with Section 6 of the POCSO W.P.(C) No.30976 of 2018 5 Act. Exhibit P2 is the final report in the case. The accusation in the case is that the petitioner who was residing alone in the neighbourhood of the house of the deceased has raped and committed penetrative sexual assault on the deceased on 10.1.2015 and on several occasions thereafter at her house and thereby abetted the deceased to commit suicide.

2. Crl.M.C.No.1343 of 2020 is one instituted by the State invoking the power of this Court under Sections 439(2) and 482 of the Code of Criminal Procedure (Code), seeking orders setting aside Annexure-B order in terms of which the Court of the First Additional Sessions Judge, Thrissur granted bail to the respondent who is the sole accused in Crime No.47 of 2020 of Chelakkara Police Station. The crime aforesaid is one registered for offences punishable under Section 354 of the Indian Penal Code(the IPC), Sections 9(f), 9(k) and 9(m) read Crl.M.C.Nos.1237 & 1343 of 2020 4 with Section 10 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The accused is a teacher and NCC instructor in the school where the victim girl aged 11 years who is intellectually disabled is pursuing her studies. The accusation is that on 23.01.2020, during lunch break, the accused took the victim girl to the NCC room, locked the room from inside and touched her breast and private parts with sexual intent. As stated, Crl.M.C.No.1237 of 2020 is also one instituted for the same relief by the mother of the victim girl.

Appearance:

Mr. Snehashis Sen, Adv.

...for the petitioner.

The Court : At the instance of the petitioner the matter is appearing today under the heading "To Be Mentioned" for correction of a typographical error crept in the order dated March 11, 2020. By the said order this Court disposed of the application, AP No.49 of 2020.

Let the amount of money mentioned in the third line at the fourth page of the said order dated March 11, 2020 be corrected as Rs.9.8 crore in place and stead of Rs.9.2 crore.

Appearance :

Smt. Jayabati Barick, in person The Court :- Perused the report filed by the Registrar, Original Side of this Court dated 18th March, 2020. It appears from the said report to which a report of the Department of Ophthalmology, IPGME&R-SSKM Hospital, filed in terms of the order dated 12th February, 2020 passed by this Court is enclosed that Nader Chand Barik is having hundred per cent blindness as per Government of India Norms.

It further appears from the Registrar's report that save and except the deposition, all cause papers in the TS 17 of 2017 and TS 1 of 2012 are available. The report further reveals that the Assistant Registrar, Testamentary Department has prayed for passing necessary direction upon various Record 2 Section of the Original Side i.e. Current Record Department, Old Record Department, New building Record (NBR) Department and Central Record Room at Khidderpore to make extensive searches to trace out the original deposition in the aforesaid suit. In my opinion, though specific direction is not required on each of the record sections for searching the record in the said departments as prayed for by the Assistant Registrar, Testamentary Department as indicated in the said report but by way of abundant precaution I pass direction upon the Registrar, Original Side as also Assistant Registrar, Testamentary Department to look for the deposition in the two suits being TS 17 of 2017 and TS 1 of 2012 in all possible places where records are either temporarily or permanently stored and/or kept in this Court premises or outside.

1. This appeal takes exception to the judgment and order dated 26.4.2011 passed by the Division Bench of the High Court of Gujarat at Ahmedabad1 in Letters Patent Appeal (LPA) No. 233/2006, whereby, the writ petition being Special Civil Application No. 12602/2001 filed by the appellants came to be dismissed whilst setting aside the judgment and order dated 21.12.2005 passed by the learned single Judge of the High Court in the said writ petition. By the said writ petition, the appellants had sought following reliefs: ­ Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.05.06 “8. The petitioners pray that this Hon’ble Court be 16:03:09 IST Reason:

Heard learned counsel for the parties.

This criminal appeal under Section 397 and 401 of Cr.P.C. assails the judgment of the trial Court dated 13/03/2020 passed by Sessions Judge, Guna, whereby applicant has been convicted under Sections 452 and 323 of IPC to undergo six months and three months alongwith fine of Rs. 500/-, 00/- respectively with default stipulation.

THE HIGH COURT OF MADHYA PRADESH Cr.R-1601-2020 (LALARAM Vs THE STATE OF MADHYA PRADESH) Also heard on I.A. No.2869/2020, an application under Section 397(1) of Cr.P.C. for suspension of jail sentence on behalf of the applicant.

Learned counsel for the applicant submits that he has been falsely implicated in the matter. Applicant was on bail during trial and he has not misused the said liberty of bail. Hearing of this revision will take sometime, and therefore, the suspension of the jail sentence be suspended and he be released on bail by way of suspension of sentence.

The learned counsel for the petitioner contends that a perusal of the FIR clearly reveals that no offence under Section 307 IPC is made out against the petitioner. It has been further contended that an inquiry was conducted by the DSP (Major Crime) Moga (Annexure P2) subsequent to the registration of FIR which found the petitioner and his sons innocent as they were not present at the spot at the time of the alleged occurrence which lends credence to the factum of petitioner having been falsely implicated in the instant case. It has been thus prayed that the petitioner be granted the concession of regular bail as he has been behind bars since 01.03.2020 coupled with the fact that the injury allegedly attributed to the petitioner was found to be blunt in nature.

1. Present review application has been filed by original appellants for review of judgment and order dated 1st August, 2019 passed by this Court in aforesaid First Appeal.

2. Present review applicants are the original claimants, who filed MACP No.256/2013 before learned Member, Motor Accident Claims Tribunal, Latur (herein after referred to as the ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:35 ::: (2) Review Appln.No.199/2019 Tribunal) for getting compensation for the accidental death of one Hanmantrao Manikrao Deshmukh, on whom present review applicants were depending.

The dozen hand-made cars have already been allocated to their super-rich customers ahead of delivery early next year, said bosses at the luxury car firm based in Crewe.

The Virgin Group boss came under fire last month for asking the UK government for £500million of support for his airline businesses, which have been paralysed in the pandemic.

Jessica Ennis-Hill's coach hit out at UK Athletics, suggesting they may have been compromised by a lucrative sponsorship deal with Nike in their decision to stand by Mo Farah’s coach Alberto Salazar.

Use different-coloured tomatoes for this easy dinner that's perfect for warm summer evenings

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PETER CROUCH: There will come a point when Mohamed Salah is charging at Newcastle's goal on Saturday but Sadio Mane is away to his left, screaming for a pass.

Any concerns that the disagreement between Mohamed Salah and Sadio Mane could develop into a long-running feud were swatted aside as Liverpool won 3-1 against Newcastle.  

He's been wowing fans with his epic cake creations for his son Sonny's birthday each year.

I came to Normal People, the television drama everyone else seemed to be talking about, with low expectations.

STEPHEN GLOVER: No one should doubt that the BBC has decided to deprive nearly four million pensioner households of a free TV licence only after much agonising.

Cenk Tosun has cut short his loan to Crystal Palace and returned to Everton amid concerns he is facing six months out with an injury after rupturing knee ligaments during training.

Footy Headlines have leaked the apparent new strip, but it hasn't been received warmly by many Blues fans - who are already comparing it to Crystal Palace's home kit.

KIERAN GILL AT SELHURST PARK: Jordan Ayew scored a brilliant first-half strike to earn Crystal Palace a 1-0 victory over Watford to remind the Hornets of the relegation worries.

Palace fans have completed a 116-mile charity cycle to Bournemouth's Vitality Stadium for their Premier League clash only for the match to be called off halfway through.

The government on Monday asked those over the age of 70 to minimise social contact. Hodgson, 72, is the Premier League's oldest boss and is affected by the new guidelines.

The Palace chairman has said employees who are affected by coronavirus will still receive full pay, while insisting matchday staff who have lost work due to the league's suspension will not be out of pocket.

The fate of this season looks set to be decided on Thursday when chiefs meet to discuss whether the season is to be completed at a later date, or declared void, with no

The Eagles have also called season-ticket holders and offered to help them with their shopping. @LiamWalker_7 on Twitter described how a member of staff from the London club contacted his dad.

Crystal Palace are monitoring developments with Hearts left back Aaron Hickey but have yet to make a bid.

England's top flight was suspended on March 13 due to the coronavirus pandemic and has been put on hold indefinitely until the virus has been suitably contained and it is safe for players to return.

Townsend, whose Palace team sit 11th in the table, hopes the remaining 92 games can be played when the Government decides it's safe to do so and lifts the nationwide lockdown.

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Hodgson has reportedly told friends that he does not believe he will be allowed to guide his team from the touchline or even take training sessions, according to The Sun.

Hodgson, who turns 73 in August, could be unable to join up with Palace staff once the season resumes due to government advice on social distancing for those over 70.

Though Man United and Everton have been monitoring McNeil, Palace hope the offer of regular first-team football coupled with a handsome increase on his current salary will help them land him.

Steve Parish has defended attempts to get the season back up and running amid the coronavirus pandemic, stressing not doing so would be a major financial blow to taxpayers and the football community.

Crystal Palace are confident that Roy Hodgson will not be barred from managing on safety grounds amid the coronavirus crisis when the Premier League resumes.

Premier League clubs could be hit with a financial crisis similar to those faced by airlines across the world if football doesn't return by August, Crystal Palace chief Steve Parish has claimed.

EXCLUSIVE BY SAMI MOKBEL: There had been doubt over whether the 72-year-old would be forced to miss the remainder of the season, should it restart, due to Government guidelines.

[2] Heard learned advocate for the applicant and learned APP for the respondent-State by video conferencing.

[3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with C.R.No. 11216004200101 of 2020 registered with Dhaboda Police Station, Gandhinagar for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

[4] Learned advocate for the applicant appearing by video conferencing submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee Page 1 of 4 Downloaded on : Fri May 08 21:24:44 IST 2020 R/CR.MA/6597/2020 ORDER from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

Finance Minister Nirmala Sitharaman will hold a review meeting with CEOs of public sector banks (PSBs) on Monday to discuss various issues, including credit offtake, as part of efforts to prop up the economy hit by the COVID-19 crisis. The meeting, to be held via video-conferencing, will also take stock of interest rate transmission to borrowers by banks and progress on moratorium on loan repayments, sources said. The RBI had on March 27 slashed the benchmark interest rate by a massive 75 basis points and also announced a three-month moratorium to be given by banks to provide relief to borrowers whose income has been hit due to the lockdown. Earlier this month, RBI Governor Shaktikanta Das held a meeting with heads of both public and private sector banks to take stock of the economic situation

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.-97/2020 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. With the above directions, this Criminal Original Petition is closed.

24.03.2020 Index : Yes/No Internet : Yes/No SML To

1.The Principal Sessions Judge -cum- PCR Court, Pudukkottai.

2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

2/4

http://www.judis.nic.in CRL.O.P.(MD)No.5135 of 2020

3.The Sub-Inspector of Police, Vellanoor Police Station, Pudukkottai District.

2. Heard the learned counsel for the appellant and the learned Additional Public Prosecutor appearing for the respondents 1 and 2 and perused the materials placed before this Court.

3.The case was registered against the appellant for the offences under Sections 342, 307 IPC and Section 3(2)(v) of SC/ST Act, 1989 in Crime No. 74 of 2012. After filing of charge sheet, the case has been numbered as Spl.S.C.No.61 of 2018 on the file of the Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Sessions Judge(Full Additional Charge), Sivagangai. After framing of charges, trial commenced and during the pendency of the trial, the appellant did not appear before the trial court and due to non appearance of the appellant Non Bailable Warrant was issued on 04.03.2019 and the appellant surrendered before the trial court on 12.03.2020 and filed recall 2/5 http://www.judis.nic.in Crl.A.(MD)No.153 of 2020 petition and the same was dismissed the appellant was remanded to judicial custody on 12.03.2020.

At least two people have died in separate avalanches in northern Italy on the first weekend Italians have been allowed to venture far afield after a two-month coronavirus lockdown. The Trento Alpine Rescue service said the body of one man was found late Saturday on the Folgaria plateau after an avalanche separated him from his dog. The pet was found unharmed. At the ski resort of Cortina, the body of a skier was found after a separate avalanche. His brother was rescued, the ANSA news agency said. Italian authorities closed ski lifts early on in Italy's lockdown and they remain closed, but skiers can still venture out on ungroomed, unmarked terrain.