1 Anita Devi vs The State Of Bihar on 11 November, 2024 By indiankanoon.org Published On :: Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 37(C) of Bihar Prohibition and Excise Amendment Act, 2018 and sections 147, 149, 341, 323, 307, 379, 448 and 504 of the IPC. 3. As per the prosecution case, the F.I.R. named accused persons including the petitioners are said to have entered into the house of the informant and indiscriminately assaulted the informant's side. Full Article
1 Reena Devi vs The State Of Bihar on 11 November, 2024 By indiankanoon.org Published On :: Heard the parties. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504 and 506 of the Indian Penal Code. 3. As per the FIR, petitioners and other co-accused persons entered in the house of the informant and brutally assaulted the informant's side. 4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The Patna High Court CR. MISC. No.75115 of 2024(2) dt.11-11-2024 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. It is further submitted that the injuries sustained by the injured persons are of simple nature. Petitioner nos.1, 2, 4 and 5 have no criminal antecedent and petitioner no.3 has one criminal antecedent. Full Article
1 Bipin Bihari Gond @ Bipin Bihari @ Bipin ... vs The State Of Bihar on 11 November, 2024 By indiankanoon.org Published On :: 1. Since both these anticipatory bail applications arise out of Bihiya Police Station Case No. 191 of 2024, with the consent of the parties, both these applications are heard together. 2. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 3. These applications, for grant of anticipatory bail, arise out of Bihiya Police Station Case No. 191 of 2024, dated Patna High Court CR. MISC. No.71118 of 2024(2) dt.11-11-2024 26.06.2024, disclosing offences punishable under Sections 341/323/504/307/337/34of the Indian Penal Code. Full Article
1 Ram Jeevan Das @ Ram Jiwan Das vs The State Of Bihar on 12 November, 2024 By indiankanoon.org Published On :: Heard learned counsel appearing on behalf of the parties. 2. Appeal is admitted. 3. Call for the Trial Court Records of Registration No. 1621 of 2023 arising out of Samastipur Rail P.S. Case No. 57 of 2023 from the court of learned Special Judge (Excise)-2, Samastipur. 4. The present matter is taken on board for considering prayer of bail and suspension of sentence under Section 389 (1) of the Code of Criminal Procedure (in short Cr.P.C.)/Section 430(1) of BNSS as raised through memo of appeal, itself as preferred under Section 374(2) of the Cr.P.C./ Section 415 (2) of BNSS. Full Article
1 Bauna Yadav @ Surendra Yadav @ Bauna @ ... vs The State Of Bihar on 11 November, 2024 By indiankanoon.org Published On :: We have heard Mr. Pankaj Kumar, the learned Advocate for the appellant and Ms. Usha Kumari No. 1, the learned Spl. PP for the State. 2. Ms. Usha Kumari has informed this Court that she had telephonic conversation with the informant, who has been communicated about this case. However, Patna High Court CR. APP (DB) No.672 of 2024(6) dt.11-11-2024 there is no separate representation of the informant in this case. 3. The written objection is on record. 4. The appellant along with another has been convicted under Sections 302/34 and 201/34 of the Indian Penal Code; Sections 25(1-B)a and 27 of the Arms Act; and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989 vide judgment dated 30.03.2024 passed by the learned Exclusive Special Court, SC/ST (POA) Act, Nawada in Exclusive Special (SC/ST) Case No. 16 of 2019, arising out of Pakri Barawan P.S. Case No. 29 of 2019. By order dated 06.04.2024, he has been sentenced to undergo R.I. for life, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer S.I. for six months under Section 302 of the IPC; R.I. for seven years, to pay a fine of Rs. 2,000/- and in default of payment of fine, to further suffer S.I. for two months under Section 201 of the IPC; R.I. for three years, to pay a fine of Rs. Patna High Court CR. APP (DB) No.672 of 2024(6) dt.11-11-2024 1,000/- and in default of payment of fine, to further suffer S.I. for one month under Section 25(1-B)a of the Arms Act; R.I. for seven years, to pay a fine of Rs. 2,000/- and in default of payment of fine, to further suffer S.I. for two months under Section 27 of the Arms Act; and imprisonment for life, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer S.I. for six months under Section 3(2)(va) of the SC/ST (POA) Act, 1989. Full Article
1 Kishori Singh vs The State Of Bihar on 11 November, 2024 By indiankanoon.org Published On :: Heard learned counsels for the parties. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 448, 341, 323, 324, 326, 307, 332, 354(B), 436, 427, 379, 353, 504, 506 of the Indian Penal Code and 27 of Arms Act. 3. As per the prosecution case, in relation to the Tarabari P.S. Case No.67 of 2024, police recovered kidnapped Chandni Kumari and arrested the accused Mintu Singh and kept them under the supervision of the police officials in the police station. Both Mintu Singh and Chandni Kumari committed suicide by hanging themselves. When the relatives of the deceased persons got the information about the incident, several persons including Patna High Court CR. MISC. No.74950 of 2024(2) dt.11-11-2024 the petitioners gathered along with deadly weapons and brutally assaulted the police official and also damaged their vehicles by setting them on fire. Full Article
1 Inox India Limited,Vadodara vs The Dcit, Circle-1 Now Circle 1(1)(1), ... on 12 November, 2024 By indiankanoon.org Published On :: PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER: These four appeals are filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short "Ld. CIT(A)"), National Faceless Appeal Centre (in short "NFAC"), for the Assessment Years ITA Nos. 521 to 524 /Ahd/2023 Inox India Limited Asst.Years 2000-01 & 2002-03 to 2004-05) - 2- 2000-2001, 2002-2003, 2003-2004 & 2004-2005. Since common issues are involved in all the year under consideration of appeals before us, the same are being disposed of by way of this common order. Full Article
1 Om Sai Co-Operative Credit Society ... vs Ito Ward 25(3)(1), Mumbai, Mumbai on 8 November, 2024 By indiankanoon.org Published On :: 1. By way of the present the Assessee has challenged the order, dated 28/12/2023, National Faceless Appeal Centre (NFAC), New Delhi, [hereinafter referred to as the 'CIT(A)'] whereby the Ld. CIT(A) had dismissed the appeal preferred by the Assessee against the Assessment Order, dated 25/12/2019, passed under Section 144 read with Section 147 of the Income Tax Act, 1961 [hereinafter referred to as 'the Act'] for the Assessment Year 2016-2017. 2. The Appellant has raised following grounds of appeal : ITA No.3577/Mum/2024 A.Y.2017-2018 "1. On the facts and in the circumstances of the case and in law the Income Tax Officer was not justified in disallowing the bonafide claim of deduction u/s 80P12 of the Income Tax Act, 1961 and the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Center (NPAC) in dismissing the appeal as infructuous and not deciding the appeal on merit as per the Grounds of Appeal Full Article
1 Income Tax Officer, Gurgaon vs Discoveri Media Group, Gurgaon on 12 November, 2024 By indiankanoon.org Published On :: IN THE INCOME TAX APPELLATE TRIBUNAL DELHI "B" BENCH: NEW DELHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI YOGESH KUMAR US, JUDICIAL MEMBER [Assessment Year : 2014-15] ITO, vs Discoveri Media Group, Gurgaon. 97B, Udyog Vihar, Phase-V, Gurgaon-122002. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2014-15] Discoveri Media Group vs ITO, C/o-S.L.Poddar & Co., Ward-1(4), Gokul Apartment, E-3A, Kantichandra Gurugram. Road, Bani Park, Jaipur, Rajasthan-302016. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2015-16] ITO, Vs Discoveri Media Group, Gurgaon. 97B, Udyog Vihar, Phase-V, Gurgaon-122002. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2015-16] Discoveri Media Group, vs ITO, 97B, Udyog Vihar, Phase-V, Ward-1(4), Gurgaon-122002. Gurugram. PAN-AAIFD8766G APPELLANT RESPONDENT Appellant by Shri S.L.Poddar, Adv. Respondent by Shri B. K.Singh, Sr.DR Date of Hearing 01.10.2024 Date of Pronouncement 12.11.2024 Page | 1 Full Article
1 Manjula Himmatlal Jain,Mumbai vs Ito Wd-20(2)(2), Mumbai on 12 November, 2024 By indiankanoon.org Published On :: The present appeal has been filed by the assessee challenging the impugned order dated 29/02/2024, passed under section 250 of the Income Tax Act, 1961 ("the Act") by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, ["learned CIT(A)"], for the assessment year 2014-15. 2. In this appeal, the assessee has raised the following grounds: - "1. In the facts and circumstances of the case and in law the learned Commissioner of Income-tax (Appeals) National Faceless Appeal Centre erred in confirming the addition of Rs.54,64,000/- under sec.56(2)(b)(vii). 2. In the facts and circumstances of the case and in law the learned Commissioner of Income-Tax (Appeals) National Faceless Appeal Centre erred in not considering the bank statement of the appellant, Ledger copy confirmation of the Builder and letter of allotment issued to the appellant by the builder submitted while disputing the proposed addition during the assessment proceedings. Full Article
1 Income Tax Officer, Gurgaon vs Discoveri Media Group, Gurgaon on 12 November, 2024 By indiankanoon.org Published On :: IN THE INCOME TAX APPELLATE TRIBUNAL DELHI "B" BENCH: NEW DELHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI YOGESH KUMAR US, JUDICIAL MEMBER [Assessment Year : 2014-15] ITO, vs Discoveri Media Group, Gurgaon. 97B, Udyog Vihar, Phase-V, Gurgaon-122002. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2014-15] Discoveri Media Group vs ITO, C/o-S.L.Poddar & Co., Ward-1(4), Gokul Apartment, E-3A, Kantichandra Gurugram. Road, Bani Park, Jaipur, Rajasthan-302016. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2015-16] ITO, Vs Discoveri Media Group, Gurgaon. 97B, Udyog Vihar, Phase-V, Gurgaon-122002. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2015-16] Discoveri Media Group, vs ITO, 97B, Udyog Vihar, Phase-V, Ward-1(4), Gurgaon-122002. Gurugram. PAN-AAIFD8766G APPELLANT RESPONDENT Appellant by Shri S.L.Poddar, Adv. Respondent by Shri B. K.Singh, Sr.DR Date of Hearing 01.10.2024 Date of Pronouncement 12.11.2024 Page | 1 Full Article
1 M/S. Jagdish Woollen'S (P) Ltd. vs New India Assurance Company Ltd. on 11 November, 2024 By indiankanoon.org Published On :: 3. The Complainant approached the Hon'ble National Consumer Disputes Redressal Commission with the following prayers: "a) To compensate the complainant for the actual loss suffered (amounting to Rs.1,03,83,335/-) and release the remaining claim amount for the loss due to fire amounting to Rs.60 Lakhs (Approximately) along with interest at the rate of 15% p.a. from the date of loss i.e. 22.05.2017 till its actual payment to the complainant. b) To compensate and make payment of Rs.25,00,000/- as compensation on account of unfair trade practice, harassment, mental agony caused to the complainant by the misleading and negligent acts of respondent/Insurance Company and not paying the insurance claim at reinstatement value basis as specified in the insurance policy. Full Article
1 Discoveri Media Group,Gurgaon Haryana vs Income Tax Officer, Ward -1(4),, ... on 12 November, 2024 By indiankanoon.org Published On :: IN THE INCOME TAX APPELLATE TRIBUNAL DELHI "B" BENCH: NEW DELHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI YOGESH KUMAR US, JUDICIAL MEMBER [Assessment Year : 2014-15] ITO, vs Discoveri Media Group, Gurgaon. 97B, Udyog Vihar, Phase-V, Gurgaon-122002. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2014-15] Discoveri Media Group vs ITO, C/o-S.L.Poddar & Co., Ward-1(4), Gokul Apartment, E-3A, Kantichandra Gurugram. Road, Bani Park, Jaipur, Rajasthan-302016. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2015-16] ITO, Vs Discoveri Media Group, Gurgaon. 97B, Udyog Vihar, Phase-V, Gurgaon-122002. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2015-16] Discoveri Media Group, vs ITO, 97B, Udyog Vihar, Phase-V, Ward-1(4), Gurgaon-122002. Gurugram. PAN-AAIFD8766G APPELLANT RESPONDENT Appellant by Shri S.L.Poddar, Adv. Respondent by Shri B. K.Singh, Sr.DR Date of Hearing 01.10.2024 Date of Pronouncement 12.11.2024 Page | 1 Full Article
1 Discoveri Media Group,Haryana vs Income Tax Officer, Ward 1(4) Gurugram, ... on 12 November, 2024 By indiankanoon.org Published On :: IN THE INCOME TAX APPELLATE TRIBUNAL DELHI "B" BENCH: NEW DELHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI YOGESH KUMAR US, JUDICIAL MEMBER [Assessment Year : 2014-15] ITO, vs Discoveri Media Group, Gurgaon. 97B, Udyog Vihar, Phase-V, Gurgaon-122002. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2014-15] Discoveri Media Group vs ITO, C/o-S.L.Poddar & Co., Ward-1(4), Gokul Apartment, E-3A, Kantichandra Gurugram. Road, Bani Park, Jaipur, Rajasthan-302016. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2015-16] ITO, Vs Discoveri Media Group, Gurgaon. 97B, Udyog Vihar, Phase-V, Gurgaon-122002. PAN-AAIFD8766G APPELLANT RESPONDENT [Assessment Year : 2015-16] Discoveri Media Group, vs ITO, 97B, Udyog Vihar, Phase-V, Ward-1(4), Gurgaon-122002. Gurugram. PAN-AAIFD8766G APPELLANT RESPONDENT Appellant by Shri S.L.Poddar, Adv. Respondent by Shri B. K.Singh, Sr.DR Date of Hearing 01.10.2024 Date of Pronouncement 12.11.2024 Page | 1 Full Article
1 Delta Air Lines, Inc,Mumbai vs Acit (It) 2(1)(2), Mumbai on 7 November, 2024 By indiankanoon.org Published On :: This appeal by the assessee is against the final order of assessment passed by the Assistant Commissioner of Income Tax, Int.Tax Circle 2(1)(2), Mumbai, (the "AO" in short) under section 143(3) r.w.s.144C(13) of the Income Tax Act 1961 (the Act) dated 16.12.2021 for assessment year (AY) 2018-19. The assessee raised various grounds pertaining to the following issues - 2 ITA No. 235/Mum/2022 Delta Air Lines, Inc. 1. Denial of benefit of exemption under Article 8 of the India-USA Tax Treaty ('Treaty') - Ground No.1 (1.1, 1.2, 1.3, 1.4 & 1.5) Full Article
1 Tripti Alcobrew Pvt Ltd vs Bhopal on 12 November, 2024 By indiankanoon.org Published On :: 18.2 The above facts revealed that the TAL had neither submitted the correct ST-3 returns showing the above taxable amount nor deposited the Service Tax on the taxable amount representing the amount received from the SKOL as License endorsement fees. It appears that TAL had deliberately suppressed their receipts against License endorsement fees and have also sought to mislead the investigation by claiming that the said receipts are not related to renting of the immoveable property while both TAL the service provider and SKOL the recipient of service have accounted for the amount paid as license endorsement fees as Rent in their Balance sheets. It therefore appears from the foregoing that the noticee has resorted to fraud, willful mis-statement, and suppression of facts with intent to evade payment of service tax. M/s TAL have thus suppressed the taxable value to ST/52898/2018 the tune of Rs. 18,93,66,667/- from the Service Tax department and evaded the Service Tax amounting to Rs 2,02,15,467/-(Service Tax Rs 1,96,26,667 + Ed Cess 3,92,533/- + Ed Cess Rs 1,96,267/-) in respect of taxable services rendered by them for the period 01.04.2008 to 31.01.2013 by contravening the provisions of the Finance Act, 1994 and Rules made thereunder. Thus, the service tax not paid by TAL on the value of taxable services suppressed by them is recoverable from them by invoking the extended period under proviso to Sub- section(1) of Section 73 of the Finance Act 1994 along with interest at the appropriate rate as per Section 75 of the Finance Act 1994." Full Article
1 M/S. Sundaram Fasteners,Chennai vs Acit, Corporate Circle-6(1), Chennai on 8 November, 2024 By indiankanoon.org Published On :: These are appeals preferred by the assessee against the separate impugned orders of the Assessing Officer (hereinafter in short 'the AO') dated 29.03.2021 / 31.03.2021 pursuant to the directions of the Dispute Resolution Panel (hereinafter in short 'the DRP') both dated 05.02.2021 and pertain to Assessment Years (hereinafter in short 'AY') 2016-17 & 2015-16 respectively. IT(TP)A Nos.32 & 33/Chny/2021 (AY 2016-17 & 2015-16) M/s.Sundram Fasteners Ltd. :: 2 :: 2. Both parties agreed that issues permeating in both the assessment years are similar and identical except that of ground no.3, 5, 9, 12 & 13 for assessment year 2016-17, which will be discussed at the last. Full Article
1 Smt. Dropadi Devi W/O Sri Mahesh Kumar ... vs State Of Rajasthan (2024:Rj-Jp:46170) on 7 November, 2024 By indiankanoon.org Published On :: 1. This anticipatory bail application has been filed by the accused-petitioners under Section 482 B.N.S.S., in connection with F.I.R. No.359/2024, registered at the Police Station Bassi Jaipur City (East), District Jaipur City (East) for the offences punishable under Sections 189(2), 115(2), 126(2) & 352 of BNS. 2. Heard. 3. Considered. 4. On perusal of the contents of the F.I.R., it is revealed that no specific overt act has been assigned to the accused-petitioners and the accused-petitioners are both women. The alleged incident has taken place all of a sudden at an agricultural field. 5. Taking into consideration the totality of the facts and [2024:RJ-JP:46170] (2 of 2) [CRLMB-12586/2024] circumstances of the case and more particularly the fact that the accused-petitioners both are women and no specific overt act has been assigned to the accused-petitioners in the First Information Report, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to extend the benefit of anticipatory bail to the petitioners. Full Article
1 Ashwani S/O Shri Pradeep vs State Of Rajasthan (2024:Rj-Jp:46165) on 7 November, 2024 By indiankanoon.org Published On :: For Petitioner(s) : Mr. Mohd Shakir Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024 1. This second bail application has been filed by the accused- petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.339/2024, registered at the Police Station Shahpura (Jaipur Rural), District Jaipur Rural for the offences punishable under Sections 331(4) & 305(a) of BNS. 2. The First Bail Application No.11258/2024 filed by the accused- petitioner was dismissed as withdrawn vide order dated 19.09.2024 with liberty to file fresh bail application after filing of the charge-sheet. Full Article
1 Asrun @ Asru S/O Samaydeen vs State Of Rajasthan (2024:Rj-Jp:46166) on 7 November, 2024 By indiankanoon.org Published On :: 1. This second bail application has been filed by the accused- petitioner under Section 483 of B.N.S.S. in connection with FIR No.179/2024 registered at Police Station Khoh, District Deeg for the offences under Sections 319(2), 338, 336(3), 340(2), 61(2) (a), 313, 317(5), 303(2) & 318(4) of BNS and Section 66D of I.T. (Amendment) Act, 2008. 2. The First Bail Application No.11314/2024 filed by the accused- petitioner was dismissed as withdrawn vide order dated 18.09.2024 with liberty to file fresh bail application after filing of the challan. 3. Learned counsels for the petitioner submit that the accused- petitioner has falsely been implicated in this matter. Counsels further submit that the Police after completion of investigation has [2024:RJ-JP:46166] (2 of 3) [CRLMB-13786/2024] submitted charge-sheet in the matter. Counsels also submit that the petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail. Full Article
1 Aadil Khan S/O Samaydeen vs State Of Rajasthan (2024:Rj-Jp:46162) on 7 November, 2024 By indiankanoon.org Published On :: 1. This third bail application has been filed by the accused- petitioners under Section 483 of B.N.S.S. in connection with FIR No.197/2024 registered at Police Station Nagar, District Deeg for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(5), 303(2), 61(2)(a) & 313 of BNS and Section 66D of I.T. (Amendment) Act, 2008. 2. The First Bail Application No.11090/2024 filed by the accused- petitioners was dismissed vide order dated 09.10.2024 and the Second Bail Application No.13130/2024 filed by the accused- petitioners was dismissed as withdrawn vide order dated [2024:RJ-JP:46162] (2 of 3) [CRLMB-13773/2024] 25.10.2024 with liberty to file fresh bail application after filing of the charge-sheet. Full Article
1 Khaimchand @ Khaima S/O Bhoorisingh vs State Of Rajasthan (2024:Rj-Jp:46144) on 7 November, 2024 By indiankanoon.org Published On :: izkFkhZ@vfHk;qDr dh vksj ls viuh fu;fer tekur gsrq ;g tekur izkFkZuk i= Hkkjrh; ukxfjd lqj{kk lafgrk dh /kkjk 483 ds varxZr iqfyl Fkkuk Hkqlkoj] ftyk Hkjriqj esa ntZ izFke lwpuk izfrosnu la[;k& 236@2023 vijk/k varxZr /kkjk 143] 323] 341] 365 Hkkjrh; naM lafgrk esa is"k fd;k x;k gSA izkFkhZ@vfHk;qDr ds fo}ku~ vf/koDrk dk rdZ gS fd izdj.k esa izkFkhZ@vfHk;qDr dks >wBk lac) fd;k x;k gS vkSj rnqijkar Hkkjrh; naM lafgrk dh /kkjk 308 ds varxZr vfHk;ksx i= izLrqr fd;k x;k gSA izkFkhZ@vfHk;qDr ds fo#) Hkkjrh; naM lafgrk dh /kkjk 308 ds varxZr izdj.k cuuk ugha ik;k tkrk gSA fpfdRld dh fjiksVZ ds vuqlkj vkgr dks dkfjr dksbZ Hkh pksV e`R;q dkfjr djus ds fy, laHkkfor ugha ikbZ xbZ gS vkSj u gh izk.k?kkrd ikbZ xbZ gS o vkgr dks dkfjr pksVsa fdlh ekfeZd Hkkx ij ugha gS] iSj ij dkfjr gSa] vf/kd ls vf/kd Hkkjrh; naM lafgrk dh /kkjk 325 ds varxZr vijk/k curk gS] tks fd vius vkiesa tekurh; Full Article
1 Dilshad @ Dk S/O Badshah vs State Of Rajasthan (2024:Rj-Jp:46160) on 7 November, 2024 By indiankanoon.org Published On :: 1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.287/2024, registered at the Police Station Adarshnagar Jaipur City (East), District Jaipur City (East) for the offences punishable under Sections 140(2) & 142 of BNS. 2. Counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this matter. Counsel further submits that co-accused have already been enlarged on bail by this Court on 25.10.2024. Counsel further submits that the accused-petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail. Full Article
1 Aarif @ Babloo S/O Asu vs State Of Rajasthan (2024:Rj-Jp:46141) on 7 November, 2024 By indiankanoon.org Published On :: izkFkhZ@vfHk;qDr dh vksj ls viuh fu;fer tekur gsrq ;g tekur izkFkZuk i= Hkkjrh; ukxfjd lqj{kk lafgrk dh /kkjk 483 ds varxZr iqfyl Fkkuk [kksg] ftyk Mhx esa ntZ izFke lwpuk izfrosnu la[;k& 106@2024 vijk/k varxZr /kkjk 379] 419] 420] 468] 471] 120ch Hkkjrh; naM lafgrk ,oa /kkjk 66Mh vkbZVh ,DV esa is"k fd;k x;k gSA izkFkhZ@vfHk;qDr ds fo}ku~ vf/koDrk dk rdZ gS fd izdj.k esa izkFkhZ@vfHk;qDr dks >wBk lac) fd;k x;k gSA izdj.k eftLVªsV }kjk fopkj.kh; gSA izkFkhZ@vfHk;qDr fnukad 27-07-2024 ls U;kf;d vfHkj{kk esa py jgk gS vkSj izdj.k esa izkFkhZ@vfHk;qDr ds fo#) vfHk;ksx i= izLrqr gks pqdk gSA izdj.k ds fopkj.k esa yack le; yxus dh laHkkouk gSA vr% izkFkhZ@vfHk;qDr dks tekur dk ykHk fn;k tk,A fo}ku~ yksd vfHk;kstd }kjk tekur vkosnu dk fojks/k fd;k x;kA mudk rdZ gS fd izkFkhZ@vfHk;qDr ds fo#) iwoZ esa 7 blh izdkj ds vkijkf/kd izdj.k iathc) gks pqds gSaA izkFkhZ@vfHk;qDr ,d vH;Lr vijk/kh gSA vr% izkFkhZ@vfHk;qDr dks ;fn tekur dk ykHk fn;k tkrk gS rks izkFkhZ@vfHk;qDr ds iqu% vijk/k esa lac) gksus dh laHkkouk ls budkj ugha [2024:RJ-JP:46141] (2 of 2) [CRLMB-11696/2024] fd;k tk ldrk gSA vr% izkFkhZ@vfHk;qDr dk tekur vkosnu vLohdkj fd;k tk,A cgl lquh xbZA i=koyh dk voyksdu fd;k x;kA izdj.k vuU; :i ls eftLVªsV }kjk fopkj.kh; gSA izdj.k esa izkFkhZ@vfHk;qDr fnukad 27-07-2024 ls U;kf;d vfHkj{kk esa py jgk gSA rnqijkar iqfyl }kjk izkFkhZ@vfHk;qDr ds fo#) vfHk;ksx i= izLrqr fd;k tk pqdk gSA ;|fi ;g lgh gS fd izkFkhZ@vfHk;qDr ds fo#) iwoZ esa Hkh vkijkf/kd izdj.k iathc) gks pqds gSa] ijarq pw¡fd izdj.k ds fopkj.k esa yack le; yxus dh laHkkouk gS vkSj izdj.k eftLVªsV }kjk fopkj.kh; gS] eSa izkFkhZ@vfHk;qDr dks tekur dk ykHk fn;k tkuk mfpr le>rk gw¡A izkFkhZ@vfHk;qDr dk tekur vkosnu Lohdkj fd;k tkrk gSA ifj.kker% izkFkhZ@vfHk;qDr vkfjQ mQZ ccyw iq= vklw dh vksj ls izLrqr tekur izkFkZuk i= Lohdkj fd;k tkrk gS vkSj vkns"k fn;k tkrk gS fd ;fn izkFkhZ@vfHk;qDr bl ekeys esa fo}ku fopkj.k U;k;ky; ds larks'kizn] muds U;k;ky; esa fu;r frfFk;ksa ij ,oa tc Hkh mls ryc fd;k tkos] mifLFkfr gsrq 50]000@& dk O;fDrxr ca/ki= o 25]000&25]000@& #i;s dh nks lqn`<+ ,oa fo"oluh; izfrHkwfr;ka izLrqr djs rFkk mldh fdlh vU; izdj.k esa vko";drk u gks rks vfoyEc fuEu "krZ ij tekur ij fjgk dj fn;k tkosA "krZ%& izkFkhZ@vfHk;qDr izR;sd ekg dh 25 rkjh[k dks lacaf/kr Fkkukf/kdkjh ds le{k viuh mifLFkfr ntZ djk, rFkk lacaf/kr Fkkukf/kdkjh vfHk;qDr dh mifLFkfr dks fu;ekuqlkj jftLVj esa ntZ djsxk o vfHk;qDr ds vuqifLFkr gksus ij lwpuk fopkj.k U;k;ky; ds le{k izLrqr djsxkA vfHk;qDr dh vuqifLFkfr ds vk/kkj ij lacaf/kr yksd vfHk;kstd vfHk;qDr dh tekur dks fujLr djus gsrq /kkjk 439¼2½ lhvkjihlh ds varxZr l{ke U;k;ky; ds le{k vkosnu izLrqr djus dks Lora= jgsxkA (PRAVEER BHATNAGAR),J MOHIT/Rameshwar/ 20 Powered by TCPDF (www.tcpdf.org) Full Article
1 Aarif @ Bablu S/O Aasu vs State Of Rajasthan (2024:Rj-Jp:46143) on 7 November, 2024 By indiankanoon.org Published On :: izkFkhZ@vfHk;qDr dh vksj ls viuh fu;fer tekur gsrq ;g tekur izkFkZuk i= Hkkjrh; ukxfjd lqj{kk lafgrk dh /kkjk 483 ds varxZr iqfyl Fkkuk tqjgjk] ftyk Mhx esa ntZ izFke lwpuk izfrosnu la[;k& 161@2024 vijk/k varxZr /kkjk 379] 419] 420] 468] 471] 120ch Hkkjrh; naM lafgrk ,oa /kkjk 66Mh vkbZVh ,DV esa is"k fd;k x;k gSA izkFkhZ@vfHk;qDr ds fo}ku~ vf/koDrk dk rdZ gS fd izdj.k esa izkFkhZ@vfHk;qDr dks >wBk lac) fd;k x;k gSA izdj.k eftLVªsV }kjk fopkj.kh; gSA izkFkhZ@vfHk;qDr fnukad 26-07-2024 ls U;kf;d vfHkj{kk esa py jgk gS vkSj izdj.k esa izkFkhZ@vfHk;qDr ds fo#) vfHk;ksx i= izLrqr gks pqdk gSA izdj.k ds fopkj.k esa yack le; yxus dh laHkkouk gSA vr% izkFkhZ@vfHk;qDr dks tekur dk ykHk fn;k tk,A fo}ku~ yksd vfHk;kstd }kjk tekur vkosnu dk fojks/k fd;k x;kA mudk rdZ gS fd izkFkhZ@vfHk;qDr ds fo#) iwoZ esa 7 blh izdkj ds vkijkf/kd izdj.k iathc) gks pqds gSaA izkFkhZ@vfHk;qDr ,d vH;Lr vijk/kh gSA vr% izkFkhZ@vfHk;qDr dks ;fn tekur dk ykHk fn;k tkrk gS rks izkFkhZ@vfHk;qDr ds iqu% vijk/k esa lac) gksus dh laHkkouk ls budkj ugha [2024:RJ-JP:46143] (2 of 2) [CRLMB-12284/2024] fd;k tk ldrk gSA vr% izkFkhZ@vfHk;qDr dk tekur vkosnu vLohdkj fd;k tk,A cgl lquh xbZA i=koyh dk voyksdu fd;k x;kA izdj.k vuU; :i ls eftLVªsV }kjk fopkj.kh; gSA izdj.k esa izkFkhZ@vfHk;qDr fnukad 26-07-2024 ls U;kf;d vfHkj{kk esa py jgk gSA rnqijkar iqfyl }kjk izkFkhZ@vfHk;qDr ds fo#) vfHk;ksx i= izLrqr fd;k tk pqdk gSA ;|fi ;g lgh gS fd izkFkhZ@vfHk;qDr ds fo#) iwoZ esa Hkh vkijkf/kd izdj.k iathc) gks pqds gSa] ijarq pw¡fd izdj.k ds fopkj.k esa yack le; yxus dh laHkkouk gS vkSj izdj.k eftLVªsV }kjk fopkj.kh; gS] eSa izkFkhZ@vfHk;qDr dks tekur dk ykHk fn;k tkuk mfpr le>rk gw¡A izkFkhZ@vfHk;qDr dk tekur vkosnu Lohdkj fd;k tkrk gSA ifj.kker% izkFkhZ@vfHk;qDr vkfjQ mQZ ccyw iq= vklw dh vksj ls izLrqr tekur izkFkZuk i= Lohdkj fd;k tkrk gS vkSj vkns"k fn;k tkrk gS fd ;fn izkFkhZ@vfHk;qDr bl ekeys esa fo}ku fopkj.k U;k;ky; ds larks'kizn] muds U;k;ky; esa fu;r frfFk;ksa ij ,oa tc Hkh mls ryc fd;k tkos] mifLFkfr gsrq 50]000@& dk O;fDrxr ca/ki= o 25]000&25]000@& #i;s dh nks lqn`<+ ,oa fo"oluh; izfrHkwfr;ka izLrqr djs rFkk mldh fdlh vU; izdj.k esa vko";drk u gks rks vfoyEc fuEu "krZ ij tekur ij fjgk dj fn;k tkosA "krZ%& izkFkhZ@vfHk;qDr izR;sd ekg dh 25 rkjh[k dks lacaf/kr Fkkukf/kdkjh ds le{k viuh mifLFkfr ntZ djk, rFkk lacaf/kr Fkkukf/kdkjh vfHk;qDr dh mifLFkfr dks fu;ekuqlkj jftLVj esa ntZ djsxk o vfHk;qDr ds vuqifLFkr gksus ij lwpuk fopkj.k U;k;ky; ds le{k izLrqr djsxkA vfHk;qDr dh vuqifLFkfr ds vk/kkj ij lacaf/kr yksd vfHk;kstd vfHk;qDr dh tekur dks fujLr djus gsrq /kkjk 439¼2½ lhvkjihlh ds varxZr l{ke U;k;ky; ds le{k vkosnu izLrqr djus dks Lora= jgsxkA (PRAVEER BHATNAGAR),J MOHIT/Rameshwar/ 29 Powered by TCPDF (www.tcpdf.org) Full Article
1 Sukhvinder Singh S/O Shri Kirodi Lal ... vs State Of Rajasthan (2024:Rj-Jp:45712) on 5 November, 2024 By indiankanoon.org Published On :: 2. Sumit Bhardwaj Tehsildar (L.r), Laxmangarh, District Alwar 3. Shriram Meena S/o Deviram Meena, Principal Government Upper Primary School Kajota Laxmangarh 4. Mukesh Chand Meena, Lr Mauzpur 5. Sanjay Kumar Meena Patwari, Chimrawali Gaur 6. Imtiyaj Mohammed Patwari, Mauzpur A 7. Bhagat Singh Choudhari Patwari, Mauzpur B ----Accused/Respondents For Petitioner(s) : Mr. Anoop Agarwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 05/11/2024 Counsel for the petitioner submits that against the order passed by the Special Judge SC/ST (Prevention of Atrocities) Cases, an appeal is provided under Section 14-A of the The Schedule Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short 'the Act of 1989'). Full Article
1 Abhinandan Kumar S/O Tilak vs State Of Rajasthan (2024:Rj-Jp:46153) on 7 November, 2024 By indiankanoon.org Published On :: For Petitioner(s) : Mr. Meghraj Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024 1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.437/2024, registered at the Police Station Niwai, District Tonk for the offences punishable under Sections 3, 25(1)(b) & 25(8) of Arms Act. 2. Heard. 3. Considered. 4. Having regard the submissions made by counsel for the petitioner so also the fact that no recovery has been effective from the accused-petitioner and more particularly the co-accused have already been enlarged on bail by this Court on 24.10.2024 and the accused-petitioner is in custody since long time, this Court without expressing any opinion on the merits and demerits of the case, [2024:RJ-JP:46153] (2 of 2) [CRLMB-13722/2024] deems just and proper to enlarge the petitioner on bail. Full Article
1 Aashiqraj @ Aashiq Kumar S/O Ramkishun vs State Of Rajasthan (2024:Rj-Jp:46152) on 7 November, 2024 By indiankanoon.org Published On :: For Petitioner(s) : Mr. Meghraj Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024 1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.438/2024, registered at the Police Station Niwai, District Tonk for the offences punishable under Sections 3, 25(1)(b) & 25(8) of Arms Act. 2. Heard. 3. Considered. 4. Having regard the submissions made by counsel for the petitioner so also the fact that no recovery has been effective from the accused-petitioner and more particularly the co-accused have already been enlarged on bail by this Court on 24.10.2024 and the accused-petitioner is in custody since long time, this Court without expressing any opinion on the merits and demerits of the case, [2024:RJ-JP:46152] (2 of 2) [CRLMB-13712/2024] deems just and proper to enlarge the petitioner on bail. Full Article
1 Lekhraj Sehra S/O Shri Prem Singh Meena vs State Of Rajasthan (2024:Rj-Jp:46221) on 7 November, 2024 By indiankanoon.org Published On :: ----Respondent For Petitioner(s) : Mr. Amit Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024 1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.263/2024, registered at the Police Station Special Crime and Cyber Crime Police Station, Commissionerate Jaipur for the offences punishable under Sections 420, 406, 419, 120-B of IPC and 66 (C), 66 (D) of IT Act. 2. Heard. Full Article
1 Bablu @ Badal S/O Late Asharam vs State Of Rajasthan (2024:Rj-Jp:46157) on 7 November, 2024 By indiankanoon.org Published On :: For Petitioner(s) : Mr. Ashindra Gautam For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024 1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.179/2024, registered at the Police Station Mantown, District Sawai Madhopur for the offences punishable under Sections 365, 382, 336, 379, 323 & 143 of IPC. 2. Counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this matter. Counsel further submits that co-accused namely; Abhishek S/o Hira Lal has already been enlarged on bail by this Court on 24.10.2024. Counsel further submits that the accused-petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail. Full Article
1 Ravi S/O Prakashchand Dharu vs State Of Rajasthan (2024:Rj-Jp:46151) on 7 November, 2024 By indiankanoon.org Published On :: 1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.71/2024, registered at the Police Station Clock Tower, District Ajmer for the offences punishable under Sections 143, 323, 341 & 308 of IPC. 2. Counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this matter. Counsel further submits that co-accused have already been enlarged on bail by this Court on 22.10.2024. Counsel further submits that the accused-petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail. Full Article
1 Sunil Sharma vs State (Nct Of Delhi) & Anr. on 11 November, 2024 By indiankanoon.org Published On :: 1. The present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 ('CrPC') challenging the judgment on conviction dated 18.11.2023 (hereafter 'the impugned judgment') and order on sentence dated 11.01.2024 (hereafter 'the impugned order on sentence'), passed by the learned Additional Sessions Judge, Tis Hazari Courts, Delhi, in SC No. 103/2017 (Old SC No. 39/2017) arising out of FIR No.732/2016, registered at Police Station Punjabi Bagh. 2. The learned Trial Court by the impugned judgment has convicted the appellant for the offences under Section 10 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'), Sections 354/354B of the Indian Penal Code, 1860 ('IPC'), Section 18 of the POCSO Act read with Section 6 of the POCSO Act, Section 511 of the IPC read with Section 376 of the IPC as well as Section 506 of the IPC. Full Article
1 Gur Lal Singh And Another vs State Of U.P. Thru. Addl. Chief/Prin. ... on 12 November, 2024 By indiankanoon.org Published On :: 1. Present petition has been filed for the following reliefs: "I. To issue a writ, order or direction in the nature of Certiorari quashing the impugned appellate order dated 30.07.2008 passed by the Commissioner, Lucknow Division, Lucknow, Uttar Pradesh i.e. the Respondent No. 2, a copy whereof is annexed as Annexure-1 to this writ petition. II. To issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 26.11.2007 passed by the Prescribed Authority (Ceiling) Lakhimpur, District Kheri, Uttar Pradesh i.e. the Respondent No.3, a copy whereof is annexed as Annexure-2 to this writ petition. III. To issue a writ, order or direction in the nature of mandamus commanding the Respondents not to act upon the impugned order dated 26.11.2007 and impugned appellate order dated 30.07.2008 and create any hinderances in the peaceful enjoyment of the land in question of the Petitioners. Full Article
1 Nandan Singh Bisht vs State Of U.P. Thru. Prin. Secy. Home Lko. on 12 November, 2024 By indiankanoon.org Published On :: 1. The case has been heard through Video Conferencing from Allahabad. 2. Heard Sri Vaibhav Kalia (in bail no.1538/2023), Sri Salil Kumar Srivastava (in bail nos.11541/2022, 14110/2022, 14113/2022 & 14164/2022), Sri Manish Mani Sharma (in bail nos.1575/2023, 1640/2023, 1920/2023, 1998/2023, 2066/2023, 2090/2023 & 2316/2023), learned counsels for the applicants and Sri Ajai Kumar, Sri Vivek Kumar Rai, learned counsels for the informant as well as Ms. Parul Kant, learned A.G.A. for the State and perused the record. First Bail Applications Moved On Behalf Of The Applicants:- 3. Applicant- Nandan Singh Bisht went to jail on 19.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 307, 326, 302, 120-B, 34, 427 IPC, Section 30 of Arms Act and Section 177 of Motor Vehicle Act, Police Station- Tikuniya, District- Lakhimpur Kheri. Full Article
1 National Highway Authority Of India vs Rajesh Kaptyaksh on 12 November, 2024 By indiankanoon.org Published On :: IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Appeal No.9 of 2024 along with Arbitration Appeal Nos.86 & 88 of 2024 Date of decision: 12.11.2024 1. Arbitration Appeal No.9 of 2024 National Highway Authority of India. ...Appellant. Versus Rajesh Kaptyaksh. ...Respondent. 2. Arbitration Appeal No.86 of 2024 National Highway Authority of India. ...Appellant. Versus Narain Singh. ...Respondent. 3. Arbitration Appeal No.88 of 2024 National Highway Authority of India. ...Appellant. Versus Babu Ram. ...Respondent. Coram: Full Article
1 Khalid Jahangir Qazi Through His Power ... vs Union Of India Through Secretary & Ors. on 12 November, 2024 By indiankanoon.org Published On :: SANJEEV NARULA, J.: 1. Mr. Khalid Jahangir Qazi, a national of United States of America holding the status of an Overseas Citizen of India,1 has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, 1950, seeking entry to India. He challenges the legality of two restrictive measures imposed upon him - order dated 12th May, 2023 issued by the Consulate General of India, New York,2 cancelling his OCI card under the Citizenship Act, 1955,3 and the Citizenship Rules, 2009; and a subsequent blacklisting order issued by the Ministry of Home Affairs, under the Foreigners Act, 1946,4 restraining his entry into India. The underlying basis of these actions, as asserted by the Respondents, is the Petitioner's alleged involvement in activities deemed to be prejudicial to the interests of India. Full Article
1 Management Of Ashok Hotel (Itdc) vs Their Workmen & Anr. on 12 November, 2024 By indiankanoon.org Published On :: YASHWANT VARMA, J. 1. This Letters Patent Appeal1 is directed against the judgment rendered by the learned Single Judge on 19 February 2013 in terms of which an Award rendered by the Industrial Tribunal2 has come to be upheld. In terms of the Award dated 05 October 2005, the petitioner- appellant was directed to frame a policy of regularisation in respect of the respondent workmen. Both the Tribunal as well as the learned LPA Tribunal Single Judge have essentially held against the appellant on the ground that the engagement of the respondent-workmen through a contractor was merely a ruse to overcome the obligations which would have stood attached in case it were to be recognized to be the principal employer. Full Article
1 Commissioner Of Income Tax (Tds)-2 vs National Highway Authority Of India on 12 November, 2024 By indiankanoon.org Published On :: YASHWANT VARMA, J. 1. The Commissioner of Income Tax (TDS) impugns the judgment rendered by the Income Tax Appellate Tribunal1 on 10 April 2017 Tribunal and which has principally held that the capital grant subsidy given by the respondent-assessee to its Concessionaires would not be subject to a withholding tax as contemplated under Section 194C of the Income Tax Act, 19612. 2. We had upon hearing learned counsels for respective sides on 19 March 2024 admitted the appeal on the solitary issue of deduction of tax at source. The said order is reproduced hereinbelow:- Full Article
1 Commissioner Of Income Tax (Tds) - 2 vs National Highway Authority Of India, on 12 November, 2024 By indiankanoon.org Published On :: YASHWANT VARMA, J. 1. The Commissioner of Income Tax (TDS) impugns the judgment rendered by the Income Tax Appellate Tribunal1 on 10 April 2017 Tribunal and which has principally held that the capital grant subsidy given by the respondent-assessee to its Concessionaires would not be subject to a withholding tax as contemplated under Section 194C of the Income Tax Act, 19612. 2. We had upon hearing learned counsels for respective sides on 19 March 2024 admitted the appeal on the solitary issue of deduction of tax at source. The said order is reproduced hereinbelow:- Full Article
1 Vijay Kumar Shukla vs State Nct Of Delhi & Anr. on 11 November, 2024 By indiankanoon.org Published On :: ANISH DAYAL, J. "Every saint has a past, every sinner has a future" - Justice V.R Krishna Iyer. These words resonate deeply in the assessment by this Court of the plea of premature release after 26 years of incarceration. Signature Not Verified Digitally Signed By:MANISH KUMAR W.P.(CRL) 1485/2024 Page 1 of 58 Signing Date:12.11.2024 12:03:39 1. The petitioner seeks directions for setting aside the Minutes of Meeting of the Sentence Review Board ("SRB") held on 30th June 2023 rejecting the premature release of the petitioner and order dated 21 st November 2023 by which the Minutes of SRB were approved by the Hon'ble Lieutenant Governor, Delhi; ("LG"). Petitioner, therefore, seeks directions for premature release in FIR No.48/2001, PS Rajender Nagar for offences under Sections 302/186/353/34 of the Indian Penal Code, 1860 ('IPC'), Sections 25/27 of the Arms Act, 1959 and Section 68 of the Excise Act, 2009. Additionally, the petitioner prays that this Court frames guidelines to ensure that all decisions taken by the SRB are in consonance with the Delhi Prisons Rules, 2018 ("DPR"). Full Article
1 Dharmendra Kumar vs State Of U.P. on 11 November, 2024 By indiankanoon.org Published On :: 1. Heard learned counsel for the parties. 2. The instant Criminal Appeals under Section 374 (2), Cr.P.C. have been filed by the appellants impeaching the judgment and order 10.11.2008 passed by the Additional Sessions Judge/F.T.C., Shravasti in Sessions Trial No. 6/2006 (State vs. Dharmendra Kumar & another) arising out of Case Crime No. 135/1997, under Section 25 Arms Act, P.S. Ikauna, District Shravasti thereby convicting and sentencing the appellant under Section 25 Arms Act for two and a half years rigorous imprisonment with fine of Rs. 30,000/- and in default of payment of fine five months' additional rigorous imprisonment. 3. An FIR was lodged on 25.06.1997 at Police Station- Ikauna, District- Shravasti registered as Case Crime No. 135/1997, under Section 307 IPC and Section 7 of Criminal Law Amendment Act and Section 25 Arms Act against the accused-appellant and Jitendra Kumar @ Guddu. As per the FIR, the case of the prosecution, in nutshell, is that on provocation of accused Jitendra Kumar @ Guddu, the appellant opened fire with country made pistol, which was recovered from the possession of the appellant, on police party. In this incident, no one sustained firearm injury. Full Article
1 Harsh Vardhan Bansal vs East Delhi Municipal Corporation And ... on 11 November, 2024 By indiankanoon.org Published On :: The instant batch of writ petitions under Article 226 of the Constitution of India essentially challenges the recommendations made by the Municipal Valuation Committee-III (hereinafter referred to as 'MVC-III') under Section 116 of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as 'DMC Act') which are sought to be implemented to levy property tax by erstwhile East Delhi Municipal Corporation (hereinafter referred to as 'EDMC'). EDMC was reunified alongwith other Corporations and is now called the Municipal Corporation of Delhi (hereinafter referred to as 'Corporation'). Full Article
1 Bonani Kakkar vs Oil India Limited on 11 November, 2024 By indiankanoon.org Published On :: 1. Mr. Devansh Mohta, learned Counsel assisted by Mr. Vikram Rajkhowa, learned Counsel is present on behalf of the Applicant in Miscellaneous Application No.31/2023/EZ. 2. Arguments could not be concluded today. 1 3. On the request of the Counsel for the parties, put up this matter for further hearing on 25.11.2024. 4. List on 25.11.2024 for further hearing. ..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM November 11, 2024, Original Application No.44/2020/EZ With Miscellaneous Application No.31/2023/EZ In Original Application No.43/2020/EZ SKB Full Article
1 News Item Titled "Chunk Of India,S ... vs Coram: Hon'Ble Mr. Justice Prakash ... on 11 November, 2024 By indiankanoon.org Published On :: 1. In this original application, registered suo motu, the Tribunal is considering the issue of delay in filing the reports by the State Expert Committees and its effect on the unclassed forests. 2. By order dated 31.07.2024, 38 respondents were impleaded and notices have been served upon them. 3. Replies on behalf of only UT of Ladakh and State of Andhra Pradesh have been received. 4. The previous order also indicates that there are 7 States, i.e., Goa, Haryana, Jammu & Kashmir, Ladakh, Lakshadweep, Tamil Nadu and West Bengal, who do not appear to have constituted the Expert Committees till now. 5. Learned Counsel appearing for the MoEF&CC submits that the Ministry is in touch with the authorities of all the States and the last meeting was held on 03.10.2024 and that after collecting the relevant information, the MoEF&CC will file the reply within four weeks. Full Article
1 Laxmi Narain vs Municipal Corporation on 11 November, 2024 By indiankanoon.org Published On :: 1. Learned Counsel appearing for the Respondent No. 1 submits that the reply has been filed but the same has been filed belatedly, therefore, it has not come on record. The office is directed to place it on record. 2. Learned Counsel for Respondent No. 1 is directed to supply a copy thereof to the Counsel for the Applicant within one week. 3. Learned Counsel for Respondent No. 2 has also informed that the Officer of UPPCB had visited the site and found that the solid waste was unauthorizedly dumped in an area of 1600 sq.m. He has pointed out that there is no sanction/approval granted by the UPPCB in respect of this secondary collection point. He has sought two weeks' time to file the reply. Full Article
1 Wildlife And Environment Conservation ... vs Ministry Of Petroleum And Natural Gas on 11 November, 2024 By indiankanoon.org Published On :: 1. Mr. Devansh Mohta, learned Counsel assisted by Mr. Vikram Rajkhowa, learned Counsel is present on behalf of the Applicant in Miscellaneous Application No.31/2023/EZ. 2. Arguments could not be concluded today. 1 3. On the request of the Counsel for the parties, put up this matter for further hearing on 25.11.2024. 4. List on 25.11.2024 for further hearing. ..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM November 11, 2024, Original Application No.44/2020/EZ With Miscellaneous Application No.31/2023/EZ In Original Application No.43/2020/EZ SKB Full Article
1 Dr Brijmohan Sapoot Kala Sanskriti Sewa ... vs State Of Rajasthan on 12 November, 2024 By indiankanoon.org Published On :: 1. The Miscellaneous application has been moved for clarification in respect of directions issued by this Tribunal in Original Application No. 194/2024 dated 30.09.2024. 2. Issue notice to the respondents returnable within four weeks. Respondents are directed to submit their reply within six weeks through E-filing portal, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. 3. Applicant is directed to take necessary steps for service to the respondents by both ways and also on available email. M A No. 19/2024(CZ) Dr. Brijmohan Sapoot Kala Sanskriti Sewa Sansthan vs. State of Rajasthan 4. Applicant is directed to supply the copy of the application and relevant documents to the Respondent(s) within a week and after compliance of service, the applicant has to submit an affidavit that the notice and copy of the application have been served upon the respondent(s). Full Article
1 Laxmi Narain vs Municipal Corporation on 11 November, 2024 By indiankanoon.org Published On :: 1. Learned Counsel appearing for the Respondent No. 1 submits that the reply has been filed but the same has been filed belatedly, therefore, it has not come on record. The office is directed to place it on record. 2. Learned Counsel for Respondent No. 1 is directed to supply a copy thereof to the Counsel for the Applicant within one week. 3. Learned Counsel for Respondent No. 2 has also informed that the Officer of UPPCB had visited the site and found that the solid waste was unauthorizedly dumped in an area of 1600 sq.m. He has pointed out that there is no sanction/approval granted by the UPPCB in respect of this secondary collection point. He has sought two weeks' time to file the reply. Full Article
1 Krishnarani Agrawal vs Town And Country Planning Department on 12 November, 2024 By indiankanoon.org Published On :: 1. Vide order dated 29.08.2024 Prakash Grih Nirman Sehkari Samiti Maryadit was directed to file the reply. Learned counsel representing respondent/ Prakash Grih Nirman Sehkari Samiti Maryadit has submitted that due to technical reasons reply has not been uploaded. The same may be filed within two weeks with copy to the opposite parties. 2. In the meantime, learned counsels for the State and BMC are directed to trace the map, revenue record with regard to allotment/allocation of green belt in the Map as approved. 3. Applicant present in person has submitted that the present matter relates only to the cutting of trees. MPPCB has issued notice to the Prakash Grih OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors. Nirman Sehkari Samiti Maryadit with assessment of environmental compensation but the same has not been replied till date. State PCB is directed to finalise the matter and report within two weeks. Full Article
1 Nandini Chakravarty vs State Of West Bengal on 12 November, 2024 By indiankanoon.org Published On :: 1. Heard Mr. Supriyo Dutta, representing the Applicant is present in person. 2. This Original Application has been registered on the basis of a letter petition submitted in the office of the Tribunal through email dated 18.07.2024 alleging that industrial factories and workshops around the village of the Applicant at Purbannapara located at Makardah Mouza under Domjur Block, District, Howrah has been causing severe environmental problems to the lives of the local people due to obnoxious gaseous effluents. 3. It is also alleged that the Saraswati Canal has been blocked due to it being used for dumping of waste water and other industrial waste material3 by several industries present in the area that continue unregulated dumping of the industrial wastes also resulting in deterioration of the environment in the locale. Full Article