:

The Appellant filed an (offline) RTI application dated NIL seeking the following information:

"1 यह कि दिन ांि 11/09/2022, 22/09/2022 व 28/10/2022 िो दिए गए प्र र्थन पत्र पर आज ति उसि जव ब क्यों नह ां दिय गय अगर ि यथव ह हुई है तो क्य ि यथव ह हुई है उसिी सत्य पपत सांदहत ररपोर्थ िे ने िी िृप िरें ।

2 यह कि जजसिे खिल फ शिि यत िी गई उसिी ज ांच िी ि यथव ह DM, ADM, SDM न िरिे वह स्वयां िी क्यों िरते है । यह किसिे आिे ि पर होत है ।

3 यह कि DM, ADM, SDM िे प स शिि यत िरने पर ि यथव ह न होने पर जब आगे शिि यत िी ज ती है तो 5 ि म न र् म गथ में बैठे श्री अिोि िुम र वम थ (JSO) स हब बोलते है कि यह शिि यत िरने ि िोई फ यि नह ां है क्योंकि यह शिि यत यह से Forward िरिे Area Incharge िे प स भेज िे ते हैं। क्योंकि यह य र ज ग र्थन में किसी िी भी नौिर तबह लगती है जब उसिे प स िुबसुरती हो प िे गमथ हो य उसमें वजन हो इतने बर्े अधिि र यह अप िब्ि किसिे आिे ि पर बोल रहे है इसिी ज नि र ि ज ए।

:

The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information:

"1. Please provide the below information of under all Railway Zones of Indian Railways on all India basis.

S.No Name of the Full postal Address Name of the Telephone/Mo Email ID of Railway with PIN code of officer bile Nos. of the the Unions/Mazdoor the Railway Bearers and Officers Railway Sanghs/Associati Union/Mazdorr Designations bearers Unions/Ma ons Sanghs/Association zdoor s Sanghs/As sociations

:

The Appellant filed an (offline) RTI application dated NIL seeking the following information:

"1 यह कि दिन ांि 11/09/2022, 22/09/2022 व 28/10/2022 िो दिए गए प्र र्थन पत्र पर आज ति उसि जव ब क्यों नह ां दिय गय अगर ि यथव ह हुई है तो क्य ि यथव ह हुई है उसिी सत्य पपत सांदहत ररपोर्थ िे ने िी िृप िरें ।

2 यह कि जजसिे खिल फ शिि यत िी गई उसिी ज ांच िी ि यथव ह DM, ADM, SDM न िरिे वह स्वयां िी क्यों िरते है । यह किसिे आिे ि पर होत है ।

3 यह कि DM, ADM, SDM िे प स शिि यत िरने पर ि यथव ह न होने पर जब आगे शिि यत िी ज ती है तो 5 ि म न र् म गथ में बैठे श्री अिोि िुम र वम थ (JSO) स हब बोलते है कि यह शिि यत िरने ि िोई फ यि नह ां है क्योंकि यह शिि यत यह से Forward िरिे Area Incharge िे प स भेज िे ते हैं। क्योंकि यह य र ज ग र्थन में किसी िी भी नौिर तबह लगती है जब उसिे प स िुबसुरती हो प िे गमथ हो य उसमें वजन हो इतने बर्े अधिि र यह अप िब्ि किसिे आिे ि पर बोल रहे है इसिी ज नि र ि ज ए।

1. The Appellant filed an RTI application dated 05.04.2023 seeking information on the following points:

(i) "Copy of Service Book/PF of my husband late sh. Raju Ram Meena, (Peon)/Cat-

IV employee, was posted at PNB branch-PUR, circle office Alwar(Rajasthan)

(ii) Present status of payment payable in death case to the dependent of deceased employee with full details.

(iii) Copy of my application along with documents submitted for compassionate appointment and its Present status,

(iv) Please Provide reasons for unnecessary delay in processing the same.

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:

The Complainant filed an (offline) RTI application dated 20.05.2023 seeking the following information:

"I am enclosing herewith a Photocopy letter dated 25/9/23 regarding Departmental Grocery Card No CAO 5112259933/201N0o., which was not activated by the Aligarh Depot due to which I Could not got my necessary groceries items. Recognizing this I need information & copies of documents as per following points:-

1. Please intimate the date of receipt of aforesaid letter

2. Please provide a certified photocopy of aforesaid letter

3. Please provide the information regarding action taken on my above letter by the appropriate authority since the date of issuing to this date.

1. The Appellant filed an RTI application dated 22.05.2023 seeking information on the following points:

(i) Party wise detailed break up of the amount pertaining to each of the debtors whose debt has been assigned vide aforesaid agreement.

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(ii) Details of Actual amount paid by the ARC to the bank pertaining to each individual debt.

(iii) Copies of Correspondence with regards to the above between the Assignor (Bombay Mercantile Co-operative Bank Ltd) and Assignee Invent Assets Securitisation Reconstruction Pvt. Ltd prior to and subsequent to the alleged Assignment

:

The Complainant filed an (offline) RTI application dated 20.04.2023 seeking the following information:

"1. Whether exclusion of the undersigned in the list of DRMs posting order issued by Railway Board dated 07.03.2023 was on account of a pending major DAR case? If so, on what basis order of the undersigned on deputation to Bangalore Metro Rail Corporation Limited vide order no. 2022/E(O)II/6/19 dated 12.09.2022 as Chief Engineer (Rolling Stock) was issued despite pending DAR case Whether Railway Board is following different criteria for DAR clearance for deputation posting) (Please furnish name & designation of authority that gave approval for above Major DAR case? Please furnish name & designation of authority who has gone into this DAR case detail and given any recommendation on case file to make it a fit case for major penalty proceeding?)

:

The Complainant filed an (offline) RTI application dated 20.05.2023 seeking the following information:

"I am enclosing herewith a Photocopy letter dated 25/9/23 regarding Departmental Grocery Card No CAO 5112259933/201N0o., which was not activated by the Aligarh Depot due to which I Could not got my necessary groceries items. Recognizing this I need information & copies of documents as per following points:-

1. Please intimate the date of receipt of aforesaid letter

2. Please provide a certified photocopy of aforesaid letter

3. Please provide the information regarding action taken on my above letter by the appropriate authority since the date of issuing to this date.

1. The Complainant filed an RTI application dated 16.04.2023 seeking information on the following points:

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(i) "Please provide me with the action taken report on my complaint filed on 30th March 2023.

(ii) Please provide me with the present status of the above-mentioned complaint.

(iii) Please provide me with the norms for disposal of complaints, including the number of days within which complaints are expected to be disposed of, as per the citizen charter."

2. The CPIO replied vide letter dated 12.05.2023 and the same is reproduced as under:-

"As far as internal Vigilance Section of DoPT under this CPIO is concerned, it may be informed that your complaint dated 30.03.2023 was received electronically from CVC vide Commission's OM No. 10929/2023/vigilance-9 dated 11.04.2023 and the same was forwarded to PESB and Estt.II Division, DoPT, for further necessary action at their end, as the subject matter of your complaint was pertaining to them, vide this Department's OM No. C-13014/1/2021-Vig. dated 09.05.2023 (copy enclosed)."

:

The Appellant filed an (offline) RTI application dated 06.05.2023 seeking the following information:

"1. प्रार्थी की पत्नि श्रीमति पायल शमाा के ईलाज में बेस हात्पपटल में दी गयी दवाइयो का समपि वववरण उपलब्ध कराये और यह भी अवगि करायें कक दी गयी दवाईयाां ककस बबमारी से सम्बत्धधि है ? जिवरी 2019 से ददसम्बर 2019 का समपि ररकार्ा उपलब्ध करायें।

2. अपीलीय अधधकारी का िाम व पिा अवगि कराये ?"

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The CPIO furnished a reply to the Appellant on 19.05.2023 stating as under:

"आपके द्वारा उपरोक्ि पत्र के पैरा 1 के अिुसार माांगी गई जािकारी को आरटीआई अधधतियम 2005, धारा ३, ६ (ⅰ), ८ (i) (ई) और धारा ११ के प्रावधािों के िहि िहीां ददया जा सकिा।"

:

The Complainant filed an (offline) RTI application dated 20.05.2023 seeking the following information:

"I am enclosing herewith a Photocopy letter dated 25/9/23 regarding Departmental Grocery Card No CAO 5112259933/201N0o., which was not activated by the Aligarh Depot due to which I Could not got my necessary groceries items. Recognizing this I need information & copies of documents as per following points:-

1. Please intimate the date of receipt of aforesaid letter

2. Please provide a certified photocopy of aforesaid letter

3. Please provide the information regarding action taken on my above letter by the appropriate authority since the date of issuing to this date.

:

The Appellant filed an (offline) RTI application dated 19.05.2023 seeking the following information:

"I satyapal Singh was working as a lecturer in Guru Tegh Bahadur Polytechnic Institute (GTBPI) at Computer Engineering Department from Aug 2008 to Aug 2018.

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Kindly provide me the following information under the RTI Act 2005

1. Provide me Seniority List of DSGMC employees.

2. Provide me my Personal Account Number as a DSGMC Employee.

3. Provide me my Employee Code as DSGMC employee."

Having not received any response from the CPIO, the appellant filed a First Appeal dated 20.06.2023. The FAA order is not on record.

1. The Appellant filed an RTI application dated 16.05.2023 seeking information on the following points:

"Please provide the specific information / clarification on Central Civil Services (Leave) Rules, 1972. (updated as on 19.09.2022)

(i) Please inform who are 'such Government Servant' referred under Rule 63 (2)(a) above

(ii) Please clarify whether Rule 63(2)(a) is applicable to only to those Government servants refereed 63(1)(a) and (b)

(iii) Whether both the actual amount of leave salary (Rule 63(1)) and study leave conversion to regular leave (Rule 63 (2) (a) are applicable to all government servants referred in 63 (1) and 63 (2)

Heard both sides.

https://www.mhc.tn.gov.in/judis

2. The Petitioner is the State Bank of India represented by its Branch Manager at their Zonal Office, Trichirappalli. Aggrieved by the common award passed by the First Respondent Central Government Industrial Tribunal (CGIT) at Chennai made in I.D.No.22 to 25 of 2007 dt. 27.7.2010 these writ petitions were filed by them.

3. The 1st Respondent CGIT by its Common Award granted the following relief to the 2nd Respondent workmen in all the WPs:-

“In the result all the petitioners in ID 22/2007, 23/2007, 24/2007 and ID 25/2007 are entitled to be reinstated into service forthwith with continuity of service and all attendant benefits but they are not entitled to back-wages for the whole period during which they remained out of employment of Respondent. After reinstatement into service the Management may start a process for the regularization of the workmen if and in accordance with the rules in vogue they are entitled to the same.”

R.SAKTHIVEL, J.

These Civil Miscellaneous Appeal and Cross Objection are at the instance of the petitioner / appellant and the respondent respectively. In both the cases, challenge is to the Judgment and Decree dated November 7, https://www.mhc.tn.gov.in/judis Page No.2 of 24 CMA NO.3541 OF 2017 & CROSS OBJ. NO.51 OF 2019 2017 passed by the ‘Principal Family Court, Coimbatore’ ['Family Court' for short], in H.M.O.P.No.1445 of 2015. This Common Judgment will govern both of them.

R.SAKTHIVEL, J.

This Common Judgment will govern the following Civil Miscellaneous Appeals filed assailing the ‘Award dated January 24, 2019, passed in M.C.O.P.No.140 of 2016’ [henceforth ‘impugned Award’], by the ‘Motor Accident Claims Tribunal at Ariyalur (Chief Judicial Magistrate)’ [henceforth ‘Tribunal’]:

(i) C.M.A.No.3927 of 2019 filed by the petitioner seeking enhancement of compensation,

(ii) C.M.A.No.3204 of 2019 filed by the first respondent praying to set aside the impugned Award,

R.SAKTHIVEL, J.

This Common Judgment will govern the following Civil Miscellaneous Appeals filed assailing the ‘Award dated January 24, 2019, passed in M.C.O.P.No.140 of 2016’ [henceforth ‘impugned Award’], by the ‘Motor Accident Claims Tribunal at Ariyalur (Chief Judicial Magistrate)’ [henceforth ‘Tribunal’]:

(i) C.M.A.No.3927 of 2019 filed by the petitioner seeking enhancement of compensation,

(ii) C.M.A.No.3204 of 2019 filed by the first respondent praying to set aside the impugned Award,

R.SAKTHIVEL, J.

These two Civil Miscellaneous Appeals are arising out of the ‘Award dated October 31, 2019, passed in M.C.O.P.No.7252 of 2016’ ['impugned Award' for short] by the 'Special Sub Judge – II, Motor Accidents Claims Tribunal, Court of Small Causes, Chennai' ['Tribunal' for short]. The petitioner in the aforesaid Original Petition has filed C.M.A. No.1406 of 2023 seeking enhancement of compensation. The second respondent / Insurance Company has filed C.M.A. No.855 of 2022 praying to set aside the impugned Award. This Common Judgment will now dispose of both these Civil Miscellaneous Appeals.

This writ petition has been filed challenging the orders passed by the respondents 1 & 2, thereby rejecting the claim made by the petitioner under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as “the Act”) and ordered for maintenance of Rs.2,500/- per month, payable by the third respondent to the petitioner.

2. The petitioner is the father and the third respondent is his daughter. The petitioner has one daughter and one son. The petitioner had purchased a house plot comprised in S.F.No.144/2 at Koranampatti, Edappadi Taluk, Salem district, to an extent of 3744½ sq.ft., in which the petitioner also constructed a small hut and living there. It was purchased by him through registered sale deed dated 24.11.2010 vide document No.4313 of 2010. After marriage of the third respondent, due to love and https://www.mhc.tn.gov.in/judis affection, the petitioner had executed settlement deed in respect of the subject property in favour of the third respondent on 13.12.2019 vide registered document No.5380 of 2019. However, the third respondent failed to maintain the petitioner and also threatened the petitioner to vacate the hut which is put up in the settled property.

Challenging the order of the Waqf Tribunal partly allowing the application directing the Tamil Nadu Waqf Board to register the T.O.Mohamed Thambi Waqf, Illayangudi Taluk, Sivagangai District as a seperate waqf, prepare a proforma report showing the "Rule of Succession" to the post of mutawalli as "hereditary", conduct a detailed enquiry among the legal representatives of the waqif/founder namely late T.O.Mohamed Thambi and appoint mutatwalli for the said waqf by following the procedures prescribed under the Waqf Act, 1995 (as amended in 2013) as per the intention of the waqif.

https://www.mhc.tn.gov.in/judis This writ petition is filed seeking mandamus to direct the respondents to recompute the pensionary benefits to the petitioners, who are all retired from service under the 2nd respondent management on the basis of average salary drawn by them for the last 10 months prior to their retirement and also direct the second respondent to pay arrears of pension.

2. The facts in brief in this writ petition are that the petitioners originally joined their service at the Bank of Madura at various positions on different dates. The Bank of Madura was amalgamated with ICICI Bank Limited, the 2nd respondent herein by the Scheme of amalgamation with effect from 10.03.2001. As per the said scheme, all the employees of Bank of Madura stood transferred to the service of ICICI Bank Limited however, all the service conditions of the employees of Bank of Madura are protected.

This writ petition is filed seeking mandamus to direct the respondents to extend the petitioners an opportunity to exercise option notionally with effect from 1.8.2003 or any subsequent dates based on the date of cession of service, in any event as per the 9th bipartite settlement.

2. The facts in brief in this writ petition are that the petitioners were originally joined their service at the Bank of Madura at various positions on different dates. The Bank of Madura was amalgamated with the 1st respondent Bank under the Scheme of amalgamation sanctioned by the Reserve Bank of India with effect from 10.03.2001. As per the said scheme, all the employees of Bank of Madura stood transferred to the service of https://www.mhc.tn.gov.in/judis ICICI Bank Limited however, all the service conditions of the employees were protected.

These two Arbitration Original Petitions have been filed under Section 34(2)(b)(ii) and Section 34 (2-A) of the Arbitration and Conciliation Act, 1996 wherein the Impugned Arbitral Awards both dated 22.04.2022 have been challenged.

_____________ https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Div.)Nos.646 & 647 of 2022

2. The Respondent herein was the claimant before the Arbitral Tribunal and had filed two claims in respect of Chimney No.I and Chimney No.II under Work Order No.AXON/WO/017/2010-2011 (Chimney No.I) dated 09.08.2010 and Work Order No.AXON/WO/019/2010-2011 (Chimney No.II) dated 21.08.2010 respectively.

11.11.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State. Perused the records.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 498-A / 323 / 342 / 506 /307 / 34 of I.P.C. read with Section 4 of D.P. Act in G.R. Case No.1305 of 2024 of the Court of learned S.D.J.M., Chatrapur arising out of Chamakhandi P.S. Case No.373 of 2024.

11.11.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 341/384/294/506/307/323/ 325/379 of I.P.C. in G.R. Case No.87 of 2018 of the Court of the learned J.M.F.C., Nimapara arising out of Nimapara P.S. Case No.33 of 2018.

4. It is stated by learned counsel for the Petitioner that earlier the Petitioner approached this Court by filing ABLAPL No.2915 of 2018. The said bail application was disposed of by a coordinate bench of this Court on 30.01.2019 thereby directing the Petitioner to surrender before the court below and move an application for bail with a corresponding direction to the learned court in seisin over the matter to dispose of the bail application on the very same day. Learned counsel for the Petitioner at this juncture submitted that due to communication gap with the conducting counsel, the Petitioner could not take advantage of order dated 30.01.2019.

12.11.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 406/ 468/471/ 420/ 120-B/34 I.P.C. read with Section 4/5 of The Prize, Chits and Money Circulation Scheme (Banning) Act in 1.C.C. No.1498 of 2013 corresponding to G.R. Case No.953 of 2014 of the Court of the learned S.D.J.M., Bhadrak arising out of Bhadrak Town P.S. Case No.78 of 2014.

11.11.2024 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard Senior learned counsel for the Petitioner and learned Counsel for the State as well as learned counsel for the Informant. Perused the records.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 419, 420, 465, 467, 468, 471, 120-B, 34 of I.P.C. and Sections 66(C), 66(D) of I.T. Act in C.T. Case No.399 of 2024 of the Court of learned S.D.J.M., Bhubaneswar arising out of Cyber Crime P.S. Case No.11 of 2024.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

Heard.

2. At the instance of the petitioner No.2, the F.I.R. in connection with Bari Ramachandrapur P.S. Case No.94 of 2017 corresponding to G.R. Case No.631 of 2017 came to be registered against the petitioner No.1 for the offences punishable under Sections 498(A)/323/325/506/34 of the IPC read with Section 4 of the D.P. Act pending in the Court of learned S.D.J.M., Jajpur.

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3. The petitioner No.1 is the husband of the petitioner No.2. Their marriage was solemnized in the year 2016. Few days after their marriage, dissention arose in their family for which the petitioner No.2 lodged the F.I.R. being Bari Ramachandrapur P.S. Case No.94 of 2017 for the above alleged offences.

Heard.

2. At the instance of the opposite party No.2, the F.I.R. in connection with Ranpur P.S. Case No.10 of 2015 corresponding to S.T. Case No.22 of 2016 came to be registered against the petitioners for the offences punishable under Sections 341/ 323/ 294/ 354/ 307/ 506/324/452/427/34 of the IPC pending in the Court of learned Senior Civil Judge-cum-Assistant Sessions Judge (Women's Court), Nayagarh.

3. The allegation against the petitioners is that, on 10.01.2015, the complainant reported at the P.S. that, on the same day, when he was working with labourers, the petitioner Nos.1, 3 & 4 removed his stumps and destroyed. When the labourers opposed the same, they left the place. Then in the same evening, while the complainant was coming from his house to pay his labourers, the above accused persons being armed with lathi, katari etc. entered into his house and abused him in obscene languages. The petitioner No.2 attacked him by means of katari to kill him. At that time, one Sunil Samantaray of his village obstructed the same and he sustained bleeding injury on his left hand. Thereafter, his sister-in-law, father and mother also tried to rescue him, but the accused persons pushed them and dragged the saree of his sister- in-law and kicked her. At that time, his brother Harmohan Nayak, Prafulla Nayak, Gagan Nayak, Sanjay Nayak and others reached at the spot and rescued them. All the accused persons threatened to kill them. Hence, the F.I.R.

Date of Hearing :08.11.2024 :: Date of Order :11.11.2024 A.C. Behera, J. This bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Spl. G.R. Case No.4 of 2024 in connection with Cuttack Sadar P.S. Case No.16 of 2024 pending in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack is taken up into consideration.

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2. I have already heard from the learned counsel for the petitioner, the learned Additional Government Advocate for the State and the learned counsel for the informant.

3. The petitioner is facing trial in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack in Spl. G.R. Case No.4 of 2024 arising out of Cuttack Sadar P.S. Case No.16 of 2024 remaining in the jail custody since 29.01.2024 as an under trial prisoner having been charged under Section 292-A, 212, 376(2)(n) of the IPC, 1860, Section 6 of the POCSO Act, 2012 and Sections 66-E, 67-A & 67-B of the I.T. Act, 2000 along with his other co-accused persons on the allegations alleged against him that, due to the frequent talking between the petitioner and the victim since the month of May, 2022, they loved each other and the petitioner proposed the victim for marriage. Thereafter, in the months of August and November, 2023, the petitioner took the victim by his motorcycle to the OYO Hotel on three different dates and made sexual intercourse with her in a room of that hotel in each occasion and took the naked/nude photographs of the victim inside the room of that hotel through his mobile phone and sent the said nude/naked photographs to the mobile phone of the victim through whatsapp and the said nude photographs of the victim were in her mobile phone, to which, she (victim) had not disclosed before {{ 3 }} any of her family members including her parents. Thereafter, there was disturbance between the victim and the petitioner, for which, the victim stopped her talking with the petitioner. So, the petitioner made the nude photographs of the victim viral. Thereafter, on dated 07.01.2024, she (victim) lodged F.I.R. against the petitioner at Sadar police station, Cuttack, alleging the aforesaid allegations.

RESERVED ON : 11th NOVEMBER 2024 PRONOUNCED ON: 12th NOVEMBER 2024 _______________________ Judgment (Per Advait M. Sethna, J.)

1. Rule, made returnable forthwith. Respondents waive service. By consent of the parties, the petition is heard finally.

NOVEMBER 12, 2024 18-WP(L)-17982-2024(J).DOCX

2. This petition is filed under Article 226 of the Constitution of India. Briefly, the petition challenges an order dated 30 th March 2024 passed by respondent No.1 ("impugned order" for short). By the said order, the application filed by the petitioner dated 9 th November 2022 seeking waiver of interest charged under Section 234C of the Income Tax Act, 1961 ("Income Tax Act" for short) for the Assessment Year 2021-22 ("A. Y. Year 2021-22" for short) stood rejected. The reliefs/prayers in the petition are set out at pages 52 to 54 in para 12 thereof. The substantive relief/prayer is to quash and set aside the impugned order passed by respondent No.1 and to grant waiver of interest for an amount of Rs.3,88,59,353/- charged under Section 234C of the Income Tax Act. Such is the limited issue for consideration before us.

1. In both appeals, exception has been taken to the judgment and order dated 29.09.2005 passed by learned Special Judge, Osmanabad in Special Case (AC) No. 4 of 2003 recording guilt of appellants for offence punishable under sections 7, 13(1)(d) r/w 13(2) and Section 12 of the Prevention of Corruption Act, 1988 [PC Act] respectively.

CASE OF PROSECUTION IN BRIEF

2. In brief, case of prosecution is that anti corruption department received complaint from PW1 Chandrakant, who reported that one Regular Criminal Case was on the file of learned JMFC, Kallam against Gorba Sukale and three others, at his instance. In that connection, informant had approached accused no.1, who was Assistant Public Prosecutor [APP] in said court, and appellant accused demanded Rs.1,000/- to put up the case properly before the court and to take further steps of issuing warrant. Unwillingly, PW1 paid part amount and balance of Rs.500/- was decided to be paid later on. As he was not willing to pay illegal gratification, he lodged report Exhibit 54, which was entertained by PW6 Dy.S.P. Gavali, and on the strength of the same, he arranged panchas, planned trap, prepared pre-trap panchanama Exhibit 35, gave necessary instructions to the CriAppeal-704-2005+ complainant and the shadow pancha. On their instructions, both, complainant and shadow pancha, visited court. There, accused no.1 demanded illegal gratification and when informant was paying the same, it was directed to be paid to accused no.2, after which pre- determined signal was relayed by informant, leading to further trap and apprehension of accused persons. Thereafter, PW6 lodged report, carried out investigation, chargesheeted both accused, who were made to face trial before learned Special Judge vide above referred Special Case No. 4 of 2003 and on appreciating prosecution evidence as well as defence witnesses, learned trial Judge, by impugned order dated 29.09.2005, held both accused guilty of offence punishable under Sections 7, 13(1)(d) r/w 13(2) and Section 12 of the PC Act, respectively. Said judgment is now subject matter of the appeals before this Court.

1. First Appeal has been preferred at the instance of legal heir of the original Defendant Nos. 2 to 4 who are aggrieved by the impugned judgment dated 19th September 2016 decreeing S. C. Suit No.19 of 2019 in terms of prayer Clause (a), (b) and (c). For sake of convenience parties are referred to by their status before the Trial Court.

2. The facts of the case are that Short Cause Suit No.19 of 2009 rsk 2 of 24 FA-888-18-F30.doc was instituted interalia seeking enforcement of obligations under the Maharashtra Ownership Flats, (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, (for short, MOFA) by conveyance of the suit property together with the structure and building known as "Chandraraj Apartment" in favour of the Plaintiff. The plaint pleads that Defendant Nos.1 and 2 were the owners of the suit property which was entrusted to Defendant Nos.3 and 4 for development. The Defendant Nos 3 and 4 represented that they are the owners of sub-divided land bearing S. No 5 (a)(pt) and 4(a) (pt) of Village Malad, Taluka Borivali admeasuring 1502.49 square meters bearing CTS No 15-D, 15/D-1 to 6. The entire larger Plot of land was subdivided into different sub-divided Plots being Plot Nos. A, B, C, D and certain portion towards 15% recreation ground on the northern side of the property. The conveyance was sought by the Plaintiff -Society in respect of sub-divided Plot No. B along with benefit of 22 feet internal road and 15% recreation ground to be enjoyed in common with the other occupants and residents of the remaining subdivided Plots. The subdivision was certified by the Architects. The building plans were sanctioned by the planning authorities and IOD and CC was obtained on 30 th April 1982. The Defendant Nos 3 and 4 entered into flat purchasers agreement with the individual flat purchasers under MOFA in or about the year 1984 rsk 3 of 24 FA-888-18-F30.doc and were put in possession of their respective tenements after obtaining occupation certificate on 23rd October, 1989. As there was non compliance by the Defendants of their statutory obligations, the flat purchasers formed and registered the Plaintiff Society in the year 1991.

1. By order dated 3rd July 2024, the following substantial questions of law were framed for hearing the Second Appeal finally at the admission stage :

(i) Whether the First Appellate Court could have enhanced the quantum of the plaintiff's claim in the absence of any cross-

appeal or cross-objection preferred by the plaintiff ?

(ii) Whether the quantum regarding the claim of the plaintiff decreed by both the Courts is on correct appreciation of the Surveyor's report at Exhibit-59, relied upon by the appellant ?

(iii) Whether the appellant proved that there was any fraud committed by the plaintiff at the time of submitting the claim ?

1. By order dated 3rd July 2024, the following substantial questions of law were framed for hearing the Second Appeal finally at the admission stage :

(i) Whether the First Appellate Court could have enhanced the quantum of the plaintiff's claim in the absence of any cross-

appeal or cross-objection preferred by the plaintiff ?

(ii) Whether the quantum regarding the claim of the plaintiff decreed by both the Courts is on correct appreciation of the Surveyor's report at Exhibit-59, relied upon by the appellant ?

(iii) Whether the appellant proved that there was any fraud committed by the plaintiff at the time of submitting the claim ?

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

-

1. This is an appeal challenging the judgment and order of the Additional Sessions Judge, Nagpur in Sessions Trial No.39/2018 (State Vs. Kamlesh Dube and Others) thereby questioning the legality of judgment and order of convicting both the appellants under Section 235(2) of the Code of Criminal Procedure for the offence punishable under Section 302 2 cr.appeal.128.2022-JF.odt read with Section 34 of the Indian Penal Code, and sentencing both of them for life imprisonment alongwith fine of Rs.5000/- in default to suffer 3 months imprisonment.

2. The facts in short are as under :

On 19.09.2017, one Sumit Kamble died at about 1.46 p.m. It is alleged that appellant Kamlesh Dube and Shekhar Dube committed his murder. It is the prosecution case that both accused and the deceased were working as a driver on garbage vehicle at Kanak Resources Company. On the day of incident i.e. on 19.09.2017 at about 1.46 p.m. Sumit along with his friend Rahul and Yogiraj went to the Bhandewadi Dumping Yard by riding on the motorcycle of Sumit. At said place, the sister of informant Rahul and other women were picking the garbage. Kamlesh and Shekhar both accused also went there to unload the garbage by their garbage vehicle. Kamlesh was on driving seat whilst Shekhar was sitting beside him. Kamlesh has married with the sister of deceased Sumit. Kamlesh and sister of Sumit namely Tanu were having love affair, which was not liked by Sumit. Both of them ran away and performed marriage before 15 days. On their return, sister of Sumit was staying with Kamlesh. Because of said marriage, there was dispute between Kamlesh and Sumit. They used to quarrel with each other. On the date of occurrence, when Sumit saw Kamlesh, he went to him and there was hot exchange of words between them. At that time, Shekhar alighted from truck and assaulted Sumit with

1. These applications raise an issue of jurisdiction of this Court, primarily, and were, therefore, heard together and are decided by this common order.

Interim Application (L) No. 30893 of 2022 -

2. This is an application for amendment in the petition for grant ial-30893-2022.doc of Letters of Administration to the property and credits of Claude Lila Narayan Parulekar (the deceased) so as to include additional movable and immovable properties enumerated in the schedule annexed at Exhibit A to the application.