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The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice at the instance of the learned counsel for the petitioner.

Heard learned counsels for the petitioner, the State and the Bank.

Learned counsel for the State and learned counsel for the Bank are directed to file paragraph wise counter affidavit within a period of eight weeks.

In the meantime, learned counsel for the petitioner shall take all necessary steps to remove the defects as pointed out by the Stamp Reporter vide Office notes dated 21.04.2020 within a period of six weeks.

Heard Mr. Rakesh Kumar Sharma, learned counsel for the petitioner and Mr. P.N.Shahi, learned Additional Advocate General for the State along with Mr. Sanjay Pandey, learned counsel of the Board.

In this application under Section 482 Cr.P.C., the petitioner has sought for modification in the order dated 31.01.2020 passed in Cr. Misc. No.67419 of 2019 whereby a Bench of this Court had granted provisional bail to the petitioner in connection with Sastri Nagar P.S.Case No.733 of 2019 on fulfilling certain conditions and the provisional bail was to be confirmed only after fulfillment of the remaining part of the Patna High Court CR. MISC. No.19089 of 2020(2) dt.27-04-2020 2/4 terms.

2. The petition was filed on 16.08.2019 against an order dated 11.07.2019 (Annexure N) whereby the petitioner's application for migration of CMTS Licence effective from 31.12.1998 for Tamil Nadu Service Area to Unitied Licence (UL) was rejected for the second time by the respondent. Before adverting to the issues, it will be useful to take note of some significant and relevant facts.

3. The historical facts relating to the petitioner company; its wholly owned subsidiary, Aircel Cellular Ltd. (ACL); the details of its licences and also subsequent allocation of spectrum which came to be bundled with the said licence are not in dispute. The petitioner's CMTS Licence for Tamil Nadu Circle was for a period of 10 years and due to expire on 30.12.2008. In terms of National Telecom Policy of 1999, DoT offered a migration package. The migration package, inter alia, changed the "Fixed Fee" policy for Indian Telecom Licences to a "Revenue Share" regime. The period of licence got extended upto 20 years and as a result petitioner's licence was to be valid till 30.12.2018. In 2010, the petitioner acquired 5 + 5 MHz of 2100 MHz (3G) and 20 MHz of 2300 MHz spectrum (BWA) in the Tamil Nadu Telecom Circle through auction. These are fully paid for and the validity of allotment is of 20 years i.e. till 2030. In 2015, the petitioner further acquired 10 + 10 MHz of 1800 MHz spectrum in the Tamil Nadu Telecom Circle through auction. Petitioner has the right to use the said spectrum for a period of 20 years Le. till 26.05.2035 and under a deferred payment plan, it claims to have paid 33% of its price.

2. The petition has been filed for a money decree for an amount of Rs. L81,81,517/- and also for pendente lite and future interest with effect from Financial Year 2014-15 along with certain further claims which require i i s been consideration of foreign exchange fluctuations. The said amount has b 2 claimed for recovery of dues/outstanding dues in relation to an agreement between the petitioner and the respondent dated 10.08.2011 whereunder respondent was provided 3 MHz of Ku-band Space Segrnent Capacity on INSAT --~ Asiasat 5 Satellite System.

3. The petitioner, Government of India, has preferred this petition as a service orovider and the respondent, a broadcast licencee, is also a service orovider. The respondent has been shawn to be a "licencee" within the meaning of the term under the TRA] Act, 1997 (the Act}. The petition is thus claimed to be covered within the ambit of Section 14 of the Act.

2. In the reply filed on behalf of the respondent in January 2014, two main defenses were raised against the claim. Firstly, the respondent pleaded that the channels of the respondent were not placed regularly and due to such irregularity, the respondent suffered loss of revenue and loss in viewership. Secondly, it on claimed that payment had been made regularly as per the agreed terms. In other words, the second defense was that all the lawful outstanding dues have been paid by the respondent and, therefore, the demand is on account of errors in accounts etc.

3. Through a rejoinder filed in February 2014, the petitioner denied the defense of the respondent and some other allegations and pointed out that at no point of time any grievance or notice was communicated to the petitioner about the alleged irregularity in placement. Through the rejoinder an updated statement of accounts in respect of both the channels was brought on record as annexure to show payment made after the filing of the petitioner and also updated claim of interest. On the basis of statement of accounts the rejoinder disclosed that the claimed amount stood reduced and the respondent was liable till 17.01.2014 only for Rs.2,34,11,352/-.

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

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

2. At the outset, it is deemed useful to record that besides the two agreements both dated 1.4,2012 between the parties which are covered by present petition, the petitioner and a sister concern of the respondent namely, Mi Marathi Media Ltd. also had a similar agreement with the petitioner. Some of correspondences ayailable on record support the aforesaid fact and disclose common meetings on the issue of outstanding dues.

3. Against Mi Marathi Media Utd, alryost in similar factual situation, petitioner had preferred BP No. 39 of 2018 for claiming an amount of Rs. 1.31 crores approximately. After considering ali the relevant issues, that broadcasting petition alongwith BP No. 163 of 2018 was heard ex-parte and substantially allowed by a recent judgment and order of this Tribunal dated 14.2.2020. Learned counsel for the petitioner has placed strong reliance upon that judgment more so because this petition is also against the sister concern of Ml Marathi Media having aimest identical factual background and is also being heard ex-parte. This petition has been filed for a money decree for an arnount of Rs. 2,46,20,606/- and for pendente lite and future interest @ 18% ¢.a, 4, The petitioner is Union of india in the capacity of a service provider. The respondent, who is a broadcaster Heencee, is.alse a service previder. The respandent has been shawn ta be ef a "Hcencee" within the meaning of the term under the TRA! Act, 1997. The petition is, therefore, claimed ta be covered within the ambit of Section 14 of the TRAI Act.

os Nobody has appeared on behalf of the respondent even after service of notice and as a result the petition has been heard ex parte. The respondent has not appeared at any stage and has filed neither reply nor any affidavit of evidence

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

3. Through this petition, the petitioner is seeking recovery of Bs.13,41,756/- said to be the outstanding dues inclusive of interest as on 15.03.2016 along with interest @ 18% til the date of realization from the respondent. The dues are towards carriage fee for the services availed by the respondent from the petitioner for carriage of its television channels.

2. Yhe petitioner company carries on the business of receiving signals from Pt gh ei ae broadcasters of various television channels and of redistributing the same thr franchisee cable network. The respondent company carries on business as a broadeaster/content provider. Both the purlies are service providers and as such amenable to the jurisdiction of this Tebunal,

3. Through this petition, the petitioner is seek dng recovery of Re.4d0 98 000/.

aid to be the oufstand) me dues inelusive of interest as on 1s 03 2016 along with os interest @ 18% till the date of realization from the re Spondent. The dues are a towards carriage fee for the services availed by the respondent trom the petitioner for carnage of its television channels.

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

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

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

3. Through this petition, the petitioner is seeking recovery of Rs.1,51,88,898.26p(Rupees One Crore Fifty One lakhs Eighty Eight Thousand Ninety Eight and Paise Twenty Six Only) said to be the outstanding dues inclusive of interest as on 09.02.2016 along with interest @ 18% till the date of realization from the respondent. The dues are towards carriage fee for the services availed by 3 the respondent from the petitioner for carriage of its television channel "Live India".

2. It may be useful to note that the facts relevant for the main issue of law indicated above are not in dispute and hence do not require detailed narration. For the sake of convenience, facts will be referred to from the records of T.P. No.77/2019 which has been heard as the lead matter, unless indicated otherwise.

3|Page

3. The two respondents, Tata Communications Ltd. and Bharti Airtel Ltd. are owners / operators of certain facilities which have been described as Cable Landing Operations. For these facilities they are entitled to levy three distinct charges i.e. (i) Access Facilitation Charges (AFC), (ii) Co-Location Charges(CLC) and (iii) Operation and Maintenance Charges (OMC). Prior to 07.06.2007, the charges were based purely on contract between the parties. In 2007, TRAI issued the "International Telecommunication Access to Essential Facilities at Cable Landing Stations Regulations 2007" (2007 Regulations). This introduced the requirement of framing of Cable Landing Stations - Reference Interconnect Offer (RIO) to be calculated on cost based method. Such RIOs for all the three charges were required to be submitted to TRAI, the Regulator for approval. This light- touch regulation was operational till the 2007 Regulations were amended by Amendment Regulation, 2012 dated 19.10.2012. This amendment enabled TRAI to fix and specify the highest charges which could be realizable as per agreement between the parties. On 21.12.2012, TRAI fixed all the three charges vide notification which brought into effect the "International Telecommunication Landing Station Access Facilities Charges and Co-Location Charges Regulations 2012. The said Regulations (No.27 of 2012) contained 3 schedules of charges made effective from 01.01.2013.

2. Heard learned Senior Counsel for the petitioner, Mr. K.Vishwanathan and learned Senior Counsel for the non-applicant, Bharti Airtel, Mr.Gopal Jain through video-conferencing.

3. The applicant seeks a direction upon Bharti Airtel not to encash the Bank Guarantee (BG) to which it has become entitled vide judgment of this Tribunal dated 16.04.2020 whereby applicant's petition bearing T.P. No.77/2019 has been dismissed on merits. In the last paragraph of that judgment notice has been taken of an order of the Hon'ble Madras High Court dated 14.11.2019 and in view of the said consent order this Tribunal has directed that the BG submitted to the Tribunal stands invoked for immediate payment to the non-applicant. The prayer in the MA is solely on the ground that moving the Hon'ble Supreme Court in appeal is likely to take some time because of the prevailing pandemic COVID-19.

Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Prof. A.R. Yousuf (Expert Member) Dated: September 25, 2014

1. Whether the judgment is allowed to be published on the net?

2. Whether the judgment is allowed to be published in the NGT Reporter?

JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The Ministry of Environment and Forest (for short 'the MoEF'), Government of India vide their letter dated 21st December, 2011 accorded Environmental Clearance for Parsa East and Kanta Basan Opencast Coal mine project of 10 MTPA production capacity along with a Pit Head Coal Washery (10 MTPA ROM) to M/s Rajasthan Rajya Vidyut Utpadan Nigam Limited involving a total project area of 2711.034 hectare under the Environmental Impact Assessment Notification, 2006 (for short 'EIA Notification, 2006') subject to the specific conditions stated in that Order. 2

1. Goa Foundation Through Dinesh George Dias G-8, St. Britto's Apts. Feira Alta, Mapusa, Bardez, Goa - 403507.

2. Peaceful Society Through Kumar Kalanand Mani R/o Peaceful Society Campus Honsowado-Madkai, Post: Kundai 403115, Goa .....Appellants Versus

1. Union of India Through the Secretary Ministry of Environment and Forests Paryavaran Bhawan, CGO Complex Lodhi Road, New Delhi - 110003

2. State of Maharashtra Through its Chief Secretary, Mantralaya, Mumbai - 400023

3. State of Karnataka Through the Chief Secretary, Vidhan Soudha, Bangalore - 560001

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

National Green Tribunal Bar Association Through the Secretary Trikoot II Bikaji Cama Palace New Delhi .....Applicant Versus

1. Union of India Through Secretary Ministry of Environment & Forest Prayavaran Bhawan, CGO Complex, Lodhi Road, New Delhi-110003

2. State of Uttranchal Through Chief Secretary Department of Environment and Forest Uttranchal Secretariat, Dehradun Uttrakhand- 248006

3. Divisional Forest Officer IT Cell, PCCF Office, 87-Rajpur Road, Dehradun, Uttrakhand-248001

4. VS Sidhu IPS Officer Police Officers Colony Kishanpur, Dehradun Uttrakhand-24800 .....Respondents Counsel for Applicant:

2. Considering above, the sentence in paragraph 30, reading "The industry has also filed M.A.No.145/2014 in connection with such closure with a prayer to direct MPCB to give hearing before restart" Should be read as "The industry has also filed MA No.145/2014, with a prayer to direct the MPCB to take decision on the Application of the Applicant for revocation of closure directions at the earliest, on the basis of merit of the matter".

3. Considering the above specific directions, we do not find any necessity to rectify the operative part of the Judgment. However, considering the fact that hearing has already been extended to the said Industry on 19.8.2014, by the Member Secretary, as mentioned by the Applicant- Industry, and also by MPCB in its affidavit Misc Appln. No.155/2014 Page 2 dated 2nd September, 2014, we expect that the learned Member Secretary will expedite decision making, and take a decision on the request of the Industry for re-start, in any case, not later than two (2) weeks from today.

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

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

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

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

..

S.B. Criminal Misc. Bail Application No. 4048/2020. Sunil Jat S/o Shri Suwa Jat, aged about 29 years, resident of Bholi, Tehsil and District Bhilwara, Police Station Mangrop, District Bhilwara.

----Petitioner Versus State Of Rajasthan

----Respondent For Petitioner(s) : Mr. Neeraj Kumar Gurjar (through video calling).

For Respondent(s) : Mr. Anil Joshi, PP (through video calling).

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 08/05/2020 As per advisory, with regard to serious pandemic and infection of Novel Corona Virus (COVID-19), issued by the World Health Organisation (WHO), Rajasthan High Court, Central Government and the State Government for effective control over spread of COVID-19, none present in-person on behalf of the parties.

"That CISF No.902292498 Constable K. Lakshmanan of CISF Unit, NMPT Mangalore was W.P.(C) No. 28322 of 2015 4 detailed for B' Shift duty on 29.05.2009 from 1300 hrs to 2100 hrs along with No.721370091 HC/GD K. Sreedharan at K.K. Gate-Out. Shri K. Korappan, AC, CISF Unit NMPT Mangalore, while carrying out surprise checking at 2055 hours on 29.05.2009 along with SI/Exe R.R. Singh, In-charge(CIW), Shri K. Korappan directed to SI/Exe R.R. Singh to conduct pocket checking of B' shift duty personnel deployed at K.K. Gate. Accordingly SI/Exe R.R. Singh conducted pocket checking of Constable K.Lakshmanan in presence of No. 753460102 ASI/Exe P.K. Thampy, In-charge, KK Gate and No.773430028 HC/GD Kuttan Pillai K.K., Main Gate-In and found an illegal money of Rs.1573/- (Rupees one thousand five hundred seventy three only) in possession of Constable K. Lakshmanan in various denominations and the amount was seized which was kept hidden between his belt and waist. When asked by Shri K. Korappan as to where the money came from and why he kept such huge amount with him, Constable K. Lakshmanan did not give any satisfactory reply. Immediately a seizure list was prepared wherein signature of witnesses were obtained. In this regard, a GD has been made at Sl. No.1324 at 2117 hours on 29- 05-09 at KK Gate. As per Unit standing instructions, duty personnel are not allowed to keep more than Rs.10/- for refreshment purpose during duty hours.

2. Alleging non compliance of the award, the 2nd respondent filed a claim petition before the Labour Court, Ernakulam as C.P. No.9 of 2016 WP(C).No.40468/2018 3 claiming a total sum of Rs.12,39,802.02/- which includes interest of Rs.4,84,600/-. The said claim petition was partly allowed by the Labour Court and the 2nd respondent was awarded a sum of Rs.7,55,202.02/- by excluding the interest which was claimed. Being aggrieved by the quantum of amount awarded and the denial of interest, the 2 nd respondent filed W.P.(C) No.33527 of 2017 which is pending before this Court. The petitioner is stated to have remitted a sum of Rs.7,55,202/- as ordered by the Labour Court.

श्री रोड़मल नागर (राजगढ़): मेरा संसदीय क्षेत्र राजगढ़ मध्य प्रदेश मुख्यत:कृषि पर आधारित क्षेत्र है और यहां खेती-किसानी ही जीवनयापन का मुख्य आधार है ।…(व्यवधान) देश में पहली बार अन्नदाता किसानों की वास्तविक परिस्थितियों को समझकर मोदी सरकार ने किसानों की आय को दोगुना करने का लक्ष्य तय किया है ।…(व्यवधान) इस क्रम में प्रधान मंत्री जी द्वारा किसान सम्मान निधि के वितरण का एक ऐतिहासिक निर्णय लिया है,किंतु मध्य प्रदेश सरकार द्वारा किसानों को उनके हित से वंचित करते हुए अनावश्यक रूप से लटकाया और भटकाया जा रहा है ।…(व्यवधान) कभी खातों को अपडेट करने या किसानों के वैरिफिकेशन की सूची को अपेडट करने के नाम पर भ्रष्टाचार किया जा रहा है ।…(व्यवधान) विशेषकर मेरे संसदीय क्षेत्र के अधिकांश किसानों को किसान सम्मान निधि की किश्तें नहीं मिली हैं ।…(व्यवधान)

माननीय अध्यक्ष: श्री ए.राजा जी ।

राजा जी का दूसरा विषय है ।

SHRI A. RAJA (NILGIRIS): Sir, a tragic incident happened in the early hours of Monday, the 2nd December 2019 at Nadoor Village near Mettupalayam Municipality in my constituency. A compound wall constructed by  a private individual had collapsed,  instantly killing 17 Scheduled Castes people, including children. The fact remains that the villagers had on several occasions complained to the district administration and the State Government with regard to the danger posed by the compound wall. The incident led to scores of people, including relatives of the deceased and the members of the pro-Dalit organisations like Tamil Tigers and other political parties protest against the district administration and pressing for reasonable demand to accommodate them inside the Mettupalayam Government Hospital Campus.

SHRI ADHIR RANJAN CHOWDHURY (BAHARAMPUR): Sir, I would like to flag the attention of the entire House towards this issue. In spite of volcanic and seething anger coupled with indignation, hate against…. …(Interruptions)

Sir, in spite of volcanic and seething anger coupled with indignation and hate against the gangrape incidents which have been occurring at regular intervals across the nation, there is no respite of this kind of brutal and bestial crime. सर, हम यहां बहुत सारे कानूनों की बात करते हैं, मृत्युदंड की घोषणा करते हैं । बहुत कुछ कर रहे हैं, लेकिन कभी-कभी लगता है कि क्या हम पैसे के बुद्धिमान और पाउंड के मूर्ख हैं?कोई कमी नहीं दिखाई देती । सर,हैदराबाद की घटना हुई, उसके बाद बंगाल में माल्दा, फिर उन्नाव का मामला आ गया । हम लोग कहां जाएं, हिन्दुस्तान के लोग कहां जाएं?सबसे बड़ी बात है कि उन्नाव में चार दिन पहले आरोपी को रिहा किया गया । आरोपी ने पीड़िता को मारने के लिए आग लगा दी । महिला भागती हुई, दौड़ती हुई किसी के पास शरण लेनी गई । उसके बाद हॉस्पिटल में भर्ती हुई,अभी दिल्ली आई । उसकी 95 परसेंट बॉडी जल गई । यह क्या हो रहा है?आज की तारीख 6 दिसम्बर को बाबरी मस्जिद ध्वस्त हुई थी और वहां मंदिर बन रहा है । एक तरफ हिन्दुस्तान में राम जी का मंदिर बन रहा है और दूसरी तरफ सीता को जलाया जा रहा है ।…(व्यवधान)

The respondent no. 2 filed counter against the bail application through e-mail during COVID-19, pandemic lockdown with exemption application to exempt the respondent no. 2 from filing affidavit in support of the counter.

The exemption application is accepted with the condition that directions of the Notification No. 86/UHC/Admin.B/2020 dated 11.04.2020 of this High Court will be followed by the respondent no. 2.

The counter of respondent no. 2 is taken on record.

The Criminal Appeal No. 93 of 2020 has been filed by the appellant-applicant against the Judgment & Order dated 22.01.2020, passed by the Special Sessions Judge, N.D.P.S. Act, Dehradun in Special Sessions Trial No. 40 of 2013 State Vs. Pranay Sati, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,00,000/- in the offence punishable under Section 8/20 (b) (ii) (B) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as, "the Act, 1985").

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 08/05/2020 This Criminal Misc. Suspension of Sentence Application has been filed by the applicant-appellant alongwith the criminal appeal.

Learned counsel for the appellant submitted that the applicant appellant was on bail during trial. Learned counsel further submitted that petitioner has been convicted under Section 363 IPC with simple imprisonment of 4 years. Learned counsel submitted that the petitioner has been acquitted on other charges levelled against him under Sections 366, 376 (2) (i) 2(n) IPC & Section 5 (L), 6 of POCSO Act. Learned counsel for the appellant (Downloaded on 08/05/2020 at 08:46:32 PM) (2 of 2) [CRLASOSA-335/2020] submitted that the appellant was arrested on 27.03.2019 and as such appellant has remained behind the bars for more than 13 months.

A five-storied building could not have been constructed in an unauthorised manner within a couple of days. It must have taken months for the same to be constructed. The Municipal authorities, as also the local police station, cannot feign ignorance of the building having coming up in their presence upto the fifth floor in an unauthorised manner.

In such circumstances, the said Mr. Joysurja Mukherjee, as we are now told is posted as Officer-in-Charge, Tiljala Police Station, should also be present in Court on 20th March, 2020 to assist this Court and explain how could such an unauthorised structure came up upto the fifth floor.

(ARINDAM MUKHERJEE, J.) (SUBRATA TALUKDAR, J.) K. Banerjee A.R. [C.R.]

2

She files affidavit of service to show copy of the application was served on Chief Law Officer, Legal Cell, Kolkata Municipal Corporation. It be kept with records.

The writ petition has been listed along with the application. Sum and substance of applicant's submission is that she fears being dispossessed. In that context Court has perused letter dated 14th June, 2018, written on behalf of petitioners and communication dated 18th July, 2018, impugned in the writ petition, appearing respectively at pages 67 and 71. It appears, by impugned communication, made in reference to said letter dated 14th June, 2018, assessee number of premises occupied by, inter alia, applicant, has been automatically cancelled on amalgamation of premises.

2

3. It is submitted by learned counsel for the petitioners that although only one of the companies was alleged to have committed default, the DIN of the petitioners was deactivated in respect of the other companies, in which they were directors, as well, which was de hors the law.

4. Moreover, even in respect of the defaulting company, the DIN of the petitioners could not be deactivated without giving an opportunity of hearing to the petitioners on the allegations made against them in respect of each company.

5. The disqualification of the company‐in‐question took place in the year 2014, that is, prior to the 2018 Amendment of the Companies Act, 2013 (hereinafter referred to as "the 2013 Act") and as such, the provisions of the 2018 Amendment would not be applicable thereto.

In such view of the matter, a strong prima facie case has been made out by the petitioners as to the fixation of dates and time for the general election being mala fide on the part of the respondent no. 4 authorities. The balance of convenience and inconvenience in favour of granting such injunction, since if the election is held and a newly elected body assumes power, the writ petition would be infructuous; on the other hand, in the event the writ petition fails, another date can be fixed for such election, if necessary upon imposition of compensatory costs being awarded against the petitioners.

Although there is a notification of this Court requesting Judges not to take up matters for hearing in the absence of all the parties, since sufficient notice 3 has been given to the respondents and in view of the extreme urgency involved in the matter, the matter is taken up for hearing.

1. Most of the cases have a chequered history. Initially, petitioners have questioned four notifications ­ two notifications dated 21.12.2010 issued by Medical Council of India (for short, ‘the MCI’) and other two notifications dated 31.5.2012, issued by Dental Council of India (for short, ‘the DCI’). The MCI by virtue of Regulations on Graduate Medical Education (Amendment) 2010, (Part II) notified by the Government of India, amended the Regulations on Graduate Medical Education, 1997. Similarly, the other notification issued by MCI called “Post­Graduate Medical Education (Amendment) Regulation, 2010 (Part­II)” to amend the Post Graduate Medical Education Regulations, 2000. The regulations came into force on their publication in the Official Gazette. The other two notifications dated 31.5.2012 issued by DCI were relating to admission in the BDS and MDS courses.

These two appeals against the decision of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) rendered on 16th July, 2008 require adjudication on the question as to whether 1 “car matting” would come within Chapter 57 of the First Schedule to the Central Excise Tariff Act, 1985 under the heading “Carpets and Other Textile Floor Coverings” or they would be classified under Chapter 87 thereof, which relates to “Vehicles other than Railway or Tramway Rolling-Stock and Parts and Accessories Thereof”. The appeals are against a common decision and we shall also deal with both these appeals together in this judgment. The respondent-assessee want their goods to be placed under Chapter heading 5703.90. We shall refer to the specific entries against this item later in the judgment. The respondent, at the material point of time were engaged in the business of manufacture of textile floor coverings and car matting. The subject-goods have been referred to interchangeably by the revenue also as car mattings and car carpets. The respondent, at the material time, were clearing the goods declaring them to be goods against Heading No.570390.90. Effective rate of excise duty on goods under that entry was 8% and education cess at the applicable rate for the subject period. We find this rate of duty, 2 inter-alia, from the order of the Commissioner dealing with the first and the second show-cause notices. The rate of basic excise duty would have been 16% apart from education cess if these goods were classified against goods specified in heading no.8708.99.00. Altogether three show-cause-notices were issued against the respondent over clearance of goods under the said heading. These notices required them to answer as to why they should not be charged the differential rate of duty and interest. We would like to point out here that in the show-cause notices, the respective chapter sub-headings have been referred to as 8708.99.00 and 570390.90 and in the order of the Tribunal also, the sub-headings have been referred to as such. But the authorities themselves in certain places described the sub-headings in shorter numerical forms, as 5703.90 and 8708.00. We find these minor variations in the paper-book. But this variation of the sub- headings represented in numerical form is not of any significance so far as adjudication of these appeals are concerned. The respondent were also to answer as to why penalty should not be 3 imposed upon them in terms of Section 38A of the Central Excise Act, 1944 read with Rule 25 of the Rules made thereunder. The first show-cause notice is dated 9th August, 2005 in regard to clearance of goods made during the period between 9 th July, 2004 and 31st March, 2005. They had cleared altogether 8,65,777 pieces of those items in different sizes in that period. The second show-cause notice was issued on 2 nd May, 2006 and related to clearance of 12,02,482 pieces of the same goods for the period between 1st April, 2005 and 31st January, 2006. The third show- cause notice is of 7th March, 2007 and the clearance involved 20,15,412 pieces from 1st February, 2006 to 31st January, 2007. For the period involved in the third show-cause notice, clearance was made by the respondent under Chapter sub-heading no.570500.19, which carried effective rate of duty @8%.

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

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

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

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

1. Leave granted.

2. This appeal takes exception to the judgment and order dated 23.2.2017 passed by the Division Bench of the High Court of Judicature at Patna1 in Letters Patent Appeal (LPA) No. 310/2009, whereby, the LPA filed by the appellants came to be dismissed while affirming the decision of the learned single Judge, dated 10.2.2009 in allowing the Civil Writ Jurisdiction Case (CWJC) No. 867/1999.

Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.05.06 16:03:08 IST Reason:

1 For short, “the High Court” 2

3. The Division Bench took note of the relevant background facts necessitating filing of writ petition by the respondent No. 1 for a direction to the appellant­Bank to pay his lawful admitted claims in terms of agreement dated 27.5.1990 (Annexure 5(b) appended to the writ petition) and also to deposit the income­tax papers with immediate effect. The Division Bench has noted as follows: ­ “4. The facts of the case is that the writ petitioner had taken a term loan of Rs.10,000/­ from the Bank by way of financial assistance to run a business in the name of “Sanjeev Readymade Store” from Haveli Kharagpur Branch of Punjab National Bank in the district of Munger. The writ petitioner was paid the said sum of Rs.10,000/­ in two instalments of Rs.4,000/­ on 21.07.1984 and Rs.6,000/­ on 01.10.1984. The writ petitioner had yet another savings account in the same branch of the respondents­bank. However, on 14.02.1990, the term loan with interest had mounted upto a figure of Rs.13,386/­. In 1989, the writ petitioner, who is Respondent no. 2 in the appeal, was granted two cheques of Rs.5,000/­ each by the Circle Officer, Haveli Kharagpur under the Earthquake Relief Fund. The said two cheques were deposited with the Bank for encashment in the other savings account, but instead, were transferred to the loan account. This was done without any authorization of the writ petitioner and without direction of any competent authority. Some time thereafter, the writ petitioner’s son was afflicted by cancer, which required immediate treatment at All India Institute of Medical Sciences, New Delhi. In order to meet the expenses of the treatment, writ petitioner sold 406 bhars of gold jewellery of his wife’s “stridhan” and received Rs.14,93,268/­. He approached the branch of the respondents­bank with a sum of Rs.14,93,000/­ on 04.08.1989 for issuance of two bank drafts, one in his name and the another in the name of his wife. The then Accountant, Mr. T.K. Palit showed his inability to prepare the drafts on the ground of shortage of staff on that day and requested the writ petitioner to deposit the amount in the savings account No. 1020 in the said 3 branch. The Accountant, after receipt of the money, transferred total amount of Rs.15,03,000/­ to the loan account, whereas in the loan account upto 14.02.1990 outstanding dues of principal and interest was only Rs.13,386/­. The writ petition made grievance before the Branch Manager of the said branch and also filed representations before the Bank authorities. Thereafter, the writ petitioner approached the District Magistrate, Sri Nanhe Prasad, who ordered the then Circle Officer, Haveli Kharagpur, District Munger, Sri Binod Kumar Singh to make a detailed enquiry into the matter and report. Accordingly, a Misc. Case No. 4 (DW 1) PNB/1989­90 was initiated and in those proceedings, various officials of the Punjab National Bank, including the then Branch Manager, District Coordination Officer of the Punjab National Bank and the Accountant of the Bank were examined from time to time and reports were submitted to the District Magistrate, Munger. Several witnesses were examined even by the District Magistrate, Munger. There were officers from the Regional Office of the Punjab National Bank, one of them being Sri Tej Narain Singh, the Regional Manager of the Punjab National Bank, Regional Office, Patna­B also deposed making reference of what had transpired to the Zonal Office of the Bank. On the basis of these statements, which were recorded by the Circle Officer and / or by the then District Magistrate­cum­Collector, Munger, Sri Gorelal Prasad Yadav, the matter proceeded. The basic assertion of the writ petitioner having been found correct and the liability having been accepted by the respondents­bank, it was reduced to an agreement dated 27.05.1990, which is Annexure­5B to the writ application between the parties. The agreement was signed by one and all in presence of the Circle Officer and the overall supervision of the District Magistrate. It was duly recorded in writing that the bank had received the deposit amounting to Rs.15,03,000/­ as per deposits made on 02.08.1989, 04.08.1989 and 04.10.1989. It was also recorded that the total term loan and the liability of the writ petitioner up to 14.02.1990 came to Rs.13,386/­ only and the amount of Rs. 14,89,614/­ of the writ petitioner would be kept in the Fixed Deposit of the bank and shall be paid with interest by September, 1997. The writ application was filed, when the bank refused to honour this agreement. In support of the writ application, certified copies of the entire proceedings, depositions as had been obtained by the writ petitioner in the year 1990 were annexed.” 4 The appellant­Bank contested the said writ petition and raised objections regarding the maintainability of the writ petition and disputed the money claim set up by the respondent No. 1 on the basis of alleged contractual agreement dated 27.5.1990. The appellant­Bank denied the allegation of transfer of proceeds of two cheques of Rs.5,000/­ (Rupees five thousand only) each, allegedly received by the respondent No. 1 from the district authorities, to the loan account. The Bank also denied the allegation of deposit of Rs.14,93,000/­ (Rupees fourteen lakhs ninety­three thousand only) by the respondent No. 1 in his Savings Fund Account No. 1020 or transfer of the said amount in his loan account. Further, on receipt of complaint from the respondent No. 1, the Regional Manager of the appellant­Bank instituted an internal enquiry conducted by Mr. N.K. Singh, Manager, Inspection and Complaints, E.M.O., Patna, who in his report dated 23.11.1998 noted that the respondent No. 1 had been paid the proceeds of two cheques of Rs.5,000/­ (Rupees five thousand only) each in cash and there is no record about the deposit of Rs.14,93,000/­ (Rupees fourteen lakhs ninety three thousand only) in his account with the concerned Branch. The appellant­Bank explicitly denied the genuineness and existence 5 of the documents annexed to the writ petition and asserted that the same are forged, fabricated and manufactured documents. The Bank also placed on record that the respondent No. 1 had filed similar writ petition against another bank, namely, the Munger Jamui Central Cooperative Bank Limited being CWJC No. 4353/1993, which was eventually dismissed on 7/3.7.1995, as the claim set up by the respondent No. 1 herein in the said writ petition was stoutly disputed by the concerned Bank.

JUDGE Comparing Assistant

JUDGE Comparing Assistant

2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

3. I have heard Mr. S Munir, learned counsel for the applicant and Mr. NJ Dutta, learned Page No.# 2/3 Additional Public Prosecutor, Assam for the respondent.

4. I have gone through contents of the FIR. The applicant has been named as accused No.1 in the FIR and is stated to be aged 27 years.

5. The FIR has been registered at the instance of father of the victim to the effect that on 19.8.2019, at about 7-00 PM, the applicant took his minor daughter to his house by tempting her that he would get married to her and had sexual intercourse with her. The other accused thereupon got angry on seeing her and they abused her using abusive language, surrounded her, threatened her, pulled her with hair and drove her away.