ni The Goa Foundation Anr vs Union Of India Ors on 25 September, 2014 By indiankanoon.org Published On :: Thu, 25 Sep 2014 00:00:00 +0530 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 Full Article
ni National Green Tribunal Bar ... vs Union Of India Ors on 29 September, 2014 By indiankanoon.org Published On :: Mon, 29 Sep 2014 00:00:00 +0530 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: Full Article
ni Shankar Raghunath Jog vs Union Of India Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 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. Full Article
ni Mr. Meet Shah & Other vs Union Of India, Ministry Of ... on 3 February, 2020 By indiankanoon.org Published On :: Mon, 03 Feb 2020 00:00:00 +0530 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. Full Article
ni Sunil Jat vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 .. 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. Full Article
ni Raju Joshi @ Teni vs State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State, Through P.p. ----Respondent For Petitioner(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). Heard learned counsel for the petitioner and learned Public Prosecutor through Jitsi Meet Application. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 508/2019 Police Station Sukher, District Udaipur for the offence under Section 307, 353,332 and 333 IPC & Section 3 PDPP Act. Full Article
ni Anil Kumar @ Vijay vs State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State, Through P.p. ----Respondent For Petitioner(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). Heard learned counsel for the petitioner and learned Public Prosecutor through Jitsi Meet Application. The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 283/2019, Police Station Surajpol, District Udaipur for the offence under Section 457, 380 IPC. Full Article
ni Hotel Vani vs Assistant Commissioner Of State ... on 30 April, 2020 By indiankanoon.org Published On :: Thu, 30 Apr 2020 00:00:00 +0530 2. Heard the learned counsel for the petitioner and the learned Senior Government Pleader. WP(C).8416/19 4 3. The singular contention urged by the learned counsel for the petitioner is that the first respondent had committed a fundamental error in adopting the revised assessed tax of the year 2007-08 as the basis for revising the assessment and refixing the compounded tax liability for the years 2008-09, 2009-10 and 2010-11. In support of this contention, attention is drawn to Section 7(b) of the KGST Act and reliance is placed on the decisions in Sicilia Hotel Pvt. Ltd (Supra), and Kalyan Tourist Home v. State of Kerala (2017 (2) KLT 761). 4. Opposing the contentions, the learned Government Pleader would submit that, the power for revising the assessment after payment of compounded tax under Section 7(b) cannot be limited to be based only on the tax payable as conceded in the return or accounts or the turnover tax paid for any of the previous consecutive three years. It is contended that there is no inhibition in Section 7 that revision of assessment cannot be on the basis of assessed tax. It is submitted that this position has been succinctly laid down by the Division Bench in Kalika Hotel and Bar, Amballur(M/s) v. State of Kerala (2012 (3) KHC 85) and The Commercial Tax Officer v. M/s Hotel Breezeland Ltd. (2019 (2) KLT 432). Full Article
ni Anilkumar vs State Of Kerala on 30 April, 2020 By indiankanoon.org Published On :: Thu, 30 Apr 2020 00:00:00 +0530 By around 7:30 PM on 3-8- 2002, the Sub Inspector of Police, Chandera Police Station (PW1) received secret information that a person by name Anil Kumar (appellant) would be reaching the bus waiting shed situated at Matlayi by around 8:30 PM for the purpose of selling the opium in his possession. Immediately, PW1 recorded the information in the General Diary, intimated his Superior Officer, the Circle Inspector of Police, Nileshwaram and proceeded to the spot. The police party lay in wait near the bus waiting shed and by around 8:45 PM, the appellant reached the spot in an autorikshaw and entered the bus waiting shed. Immediately, the Police party rushed to the waiting shed and on the Crl.A.244/06 3 appellant attempting to flee, apprehended him. PW1 thereupon, asked the appellant whether he required the presence of a Gazetted Officer while his body was searched and on the appellant answering in the negative, his body was searched and a plastic packet recovered from the pocket of his pants. On examination, the packet was found to contain opium, for the possession of which the appellant had no licence. The opium was weighed and found to be 350 gms in weight. Two samples of 25 gms each, were collected from the contraband and were packed and sealed separately. The remaining opium was also packed and sealed in the same manner. Ext.P3 seizure mahazar was prepared and the accused was arrested. Exhibit P4 FIR was registered thereafter. Later, Exhibit P8 chemical analysis report was received finding the sample to be opium. Full Article
ni K. Lakshmanan vs Union Of India on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 "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. Full Article
ni Papers Laid On The Table Of The House By Ministers/Members. on 5 December, 2019 By indiankanoon.org Published On :: Thu, 05 Dec 2019 00:00:00 +0530 माननीय अध्यक्ष: अब पत्र सभा पटल पर रखे जाएंगे । श्री अर्जुन राम मेघवाल । संसदीय कार्य मंत्रालय में राज्य मंत्री तथा भारी उद्योग और लोक उद्यम मंत्रालय में राज्य मंत्री (श्री अर्जुन राम मेघवाल): महोदय, श्री किरेन रिजीजू की ओर से मैं निम्नलिखित पत्र सभा पटल पर रखता हूं: 1. (एक) दादरा और नागर हवेली वक्फ बोर्ड, सिलवासा के वर्ष 2018-2019 के वार्षिक प्रतिवेदन की एक प्रति (हिन्दी तथा अंग्रेजी संस्करण) तथा लेखापरीक्षित लेखे । (दो) दादरा और नागर हवेली वक्फ बोर्ड, सिलवासा के वर्ष 2018-2019 के कार्यकरण की सरकार द्वारा समीक्षा की एक प्रति (हिन्दी तथा अंग्रेजी संस्करण) । [Placed in Library, See No. LT 1092/17/19] 2. (एक) वक्फ बोर्ड अंडमान और निकोबार द्वीपसमूह, पोर्ट ब्लेयर के वर्ष 2018-2019के वार्षिक प्रतिवेदन की एक प्रति (हिन्दी तथा अंग्रेजी संस्करण) तथा लेखापरीक्षित लेखे । Full Article
ni Papers Laid On The Table By The Ministers/Members. on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 माननीय अध्यक्ष: अब पत्र सभा पटल पर रखे जाएंगे । श्रीमती स्मृति जूबिन ईरानी । THE MINISTER OF WOMEN AND CHILD DEVELOPMENT AND MINISTER OF TEXTILES (SHRIMATI SMRITI ZUBIN IRANI): Sir, I beg to lay on the Table of the House: 1. (i) A copy of the Annual Report (Hindi and English versions) of the Indian Silk Export Promotion Council, New Delhi, for the year 2018-2019, alongwith Audited Accounts. (ii) A copy of the Review (Hindi and English versions) by the Government of the working of the Indian Silk Export Promotion Council, New Delhi, for the year 2018-2019. [Placed in Library, See No. LT 1124/17/19] 2. (i) A copy of the Annual Report (Hindi and English versions) of the Wool Research Association, Thane, for the year 2018-2019, alongwith Audited Accounts. Full Article
ni Alleged Threatening To A Women Minister In The House. on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 संसदीय कार्य मंत्री; कोयला मंत्री तथा खान मंत्री (श्री प्रहलाद जोशी): सभापति महोदया,जब स्मृति ईरानी जी बोल रही थीं,उस समय श्री टी.एन. प्रथापन और एडवोकेट डीन कुरियाकोस ने दुर्व्यवहार किया है, जो निंदात्मक है । This is most condemnable. महिला संसद सदस्य के सामने थ्रेटनिंग पोजीशन में आना,यह बिलकुल गलत है । She was talking as a lady Member of this House, and at that time, everybody had expressed their opinions. मेरा एक्सप्रेशन करने का स्टाइल अलग है और अधीर रंजन जी का अलग है । But if you become aggressive, ऐसा करना बिल्कुल ठीक नहीं है । It is most uncalled for. मैं अधीर रंजन जी से आग्रह करता हूं कि उन दोनों माननीय सदस्यों को बुलाइए और माफी मंगवाइए । They should ask for the apology unconditionally. …(Interruptions) Full Article
ni Statement Regarding Government Business For The Remaining Part Of ... on 6 December, 2019 By indiankanoon.org Published On :: Fri, 06 Dec 2019 00:00:00 +0530 1. Consideration of any items of Government Business carried over from today's order paper: - [it contains (i) consideration and passing of the International Financial Services Centres Authority Bill, 2019; and (ii) Consideration and passing of the Arms (Amendment) Bill, 2019.] 2. Consideration and passing of the following Bills, after their introduction:- (i) The Anti Maritime Piracy Bill, 2019. (ii) The Personal Data Protection Bill; 2019. (iii) The Citizenship (Amendment) Bill, 2019. (iv) The Code on Social Security Bill, 2019. (v) The Central Sanskrit University Bill, 2019. (vi) The Maintenance & Welfare of Parents & Senior Citizens (Amendment) Bill, 2019. Full Article
ni The Speaker Made Reference To The 18Th Anniversary Of The Terrorist ... on 13 December, 2019 By indiankanoon.org Published On :: Fri, 13 Dec 2019 00:00:00 +0530 माननीय अध्यक्ष: माननीय सदस्यगण, जैसा कि आप सभी को विदित है, अठारह वर्ष पूर्व 13 दिसम्बर, 2001 को एक दुस्साहसिक हमले में हमारी लोकतांत्रिक राजव्यवस्था की प्रतीक भारतीय संसद आतंकी हमले का निशाना बनी । यह हमला संसद परिसर की सुरक्षा में लगे हुए सतर्क सुरक्षा बलों द्वारा निष्फल कर दिया गया था। दिल्ली पुलिस के पांच सुरक्षाकर्मी, केन्द्रीय रिजर्व पुलिस बल की एक महिला कांस्टेबल, संसद सुरक्षा सेवा के दो सुरक्षा सहायक तथा एक अन्य कर्मचारी भी इस आतंकी हमले में शहीद हुए । यह सभा हमारे बहादुर सुरक्षा कर्मियों द्वारा दिए गए सर्वोच्च बलिदान के प्रति अपनी श्रद्धांजलि अर्पित करती है तथा उनके परिवारों के साथ मजबूती से खड़ी है । इस अवसर पर, हम आतंकवाद से लड़ने तथा अपने देश की एकता, अखंडता और सम्प्रभुता की रक्षा करने संबंधी अपने संकल्प को एक बार पुन: दोहराते हैं । Full Article
ni Mohd. Niayaz vs State Of J&K And Others on 4 May, 2020 By indiankanoon.org Published On :: Mon, 04 May 2020 00:00:00 +0530 Ordered accordingly. (RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:19 I am approving this document Full Article
ni Ramniwas@Ramu S/O Kajodi vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 For State : Mr. S.K. Mahala, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020 1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court. 2. Petitioners have filed this bail application under Section 439 of Cr.P.C. 3. F.I.R. No.307/2019 was registered at Police Station New (Downloaded on 08/05/2020 at 08:47:12 PM) (2 of 2) [CRLMB-2314/2020] Mandi, Hindauncity, District Karauli for offence under Sections 143, 323, 341, 427, 382 of I.P.C. Full Article
ni Sunil Singh S/O Rakesh Singh @ Gudu ... vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 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. Full Article
ni Sanjay Jhunjhunwala vs Union Of India & Ors on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 Full Article
ni Sefali Singh & Ors vs Kolkata Municipal Corporation & ... on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 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. Full Article
ni Imraj Ali Molla vs Union Of India And Others on 18 March, 2020 By indiankanoon.org Published On :: Wed, 18 Mar 2020 00:00:00 +0530 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. Full Article
ni Subhra Mukhopadhyay And Anr vs Union Of India & Ors on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 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. Full Article
ni Chandrakant Himatlal Kampani & ... vs Ascon Agro Products Exporters And on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 Apr 2020 00:00:00 +0530 VERSUS ASCON AGRO PRODUCTS EXPORTERS AND BUILDERS PRIVATE LIMITED BEFORE The Hon'ble Justice SHAMPA SARKAR Date: 28th April, 2020 Apperance Mr. Saunak Ghosh, Adv. with Mr. Rajib Mullick, Adv. ..for the decree holder Mr. Dipanjan Roy, Adv (in person) ..for the judgment debtor The Court: GA No.803 of 2020 is an application filed by the decree holder for non-prosecution of the Execution Case no.302 of 2019 arising out of a judgment and decree dated July 26, 2017 passed in CS No.115 of 2013, in view of settlement arrived at by and between the parties. Full Article
ni Christian Medical College ... vs Union Of India on 29 April, 2020 By indiankanoon.org Published On :: Wed, 29 Apr 2020 00:00:00 +0530 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. Full Article
ni Quippo Construction Equipment ... vs Janardan Nirman Pvt. Ltd on 29 April, 2020 By indiankanoon.org Published On :: Wed, 29 Apr 2020 00:00:00 +0530 1. Leave granted. 2. In this appeal the Original Claimant challenges the final judgment and order dated 14.02.2019 passed by the High Court at Calcutta in CAN No.10094 of 2018. 3. The basic facts culled out from the award dated 24.03.2015 passed by the Arbitrator in the present case are:- “That the respondent company who is engaged in the business of infrastructure development activities approached the claimant company who is also dealing in the business of providing equipments for 2 Civil Appeal No.2378 of 2020 (arising out of SLP (C) NO.11011 of 2019) QUIPPO CONSTRUCTION EQUIPMENT LTD. Vs. JANARDAN NIRMAN PVT. LTD. Full Article
ni Commr.Of Central Excise vs M/S Uni Products India Ltd. ... on 1 May, 2020 By indiankanoon.org Published On :: Fri, 01 May 2020 00:00:00 +0530 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%. Full Article
ni Triloki Nath Singh vs Anirudh Singh (D) Thr. Lrs . on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 1. The question arises in the appeal for our consideration is as to whether the decree passed on a compromise can be challenged by the stranger to the proceedings in a separate suit. 2. The seminal facts which are relevant for the present purpose and the circumstances in which it arises for our consideration are Signature Not Verified Digitally signed by DEEPAK SINGH that the appellantplaintiff filed suit before 4 th subjudge, Chapra Date: 2020.05.06 16:03:14 IST Reason: seeking a declaration that the compromise decree dated 15 th 1 September, 1994 passed in Second Appeal No. 495/86 by the High Court is illegal, inoperative and obtained by fraud and misrepresentation and also prayed for injunction against the respondentsdefendants restraining them from entering into peaceful possession of the suit property. Full Article
ni Clp India Pvt Ltd vs Gujarat Urja Vikas Nigam Ltd. on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 1. The present judgment will dispose of two appeals preferred under Section 125 of the Electricity Act, 2003. One appeal (CA 2969/2010) has been preferred by the Gujarat Urja Vikas Nigam Ltd. (hereafter,"Gujarat Urja"or "GUVN”) ;the second (CA 2793/2010) has been preferred by CLP (India) Pvt. Ltd. (formerly, Gujarat Torrent Energy Corporation Ltd; later, Gujarat Paguthan Energy Corporation Ltd, a generating company, hereafter collectively "CLP”). Both appeals challenge a common order of the Appellate Tribunal for Electricity(“APTEL” hereafter). 2. The erstwhile Gujarat Electricity Board (GEB) (now “Gujarat Urja”) entered into a power purchase agreement (“PPA”)with CLP on 03.02.1994. In terms of the Signature Not Verified PPA, Gujarat Urja was under an obligation to purchase - and CLP was under Digitally signed by DEEPAK SINGH Date: 2020.05.06 16:03:10 IST Reason: Full Article
ni Junmani Barman And Anr vs The State Of Assam on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 JUDGE Comparing Assistant Full Article
ni S.K. Rout vs Ministry Of Health And Family ... on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 1. The present petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The petition has been heard by way of video conferencing. 2. It is pertinent to mention that present public interest litigation has been filed with the following prayers:- W.P. (C) 3050/2020 Page 1 of 5 a) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to make provisions for the payment of salaries to the Health Workers in time. and b) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to make provisions for the payment „risk and hardship‟ allowance, incentives in form of bonus, additional salary to the Health Workers who are presently serving on the frontline in view of the present lock down situation due to the COVID 19 situation in the country; Full Article
ni Micromax Informatics Ltd. vs Union Of India & Anr. on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 1. All the four writ petitions seek identical relief in the nature of a writ of Mandamus directing the respondents to permit the petitioners to avail input tax credit of the accumulated CENVAT credit as of 30th June, 2017 by filing declaration Form TRAN-1 beyond the period provided under the Central Goods and Services Tax Rules, 2017 (hereinafter, the "CGST Rules"). Additionally, petitioners also assail Rule 117 of the CGST Rules on the ground that it is arbitrary, unconstitutional and violative of Article 14 to the extent it imposes a time limit for carrying forward the CENVAT credit to the GST regime. However, all the petitioners have unanimously stated that if the Court were to give directions to the respondents to permit them to file the statutory Form TRAN-1 to avail the input tax credit, they would be satisfied and not press for the relief of challenging the vires of the provisions of the Act. Full Article
ni Ametheus Commodities Private ... vs Union Of Inida & Ors on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 1. The matter has been heard through Video Conferencing. 2. Ms. Acharya, learned ASG, who appears for the Union of India, states that her briefing counsel, Mr. Gogna, CGSC is ready with advance instructions. 3. After addressing arguments on the maintainability of the present petition particularly, on the aspect of the alleged retrospectivity of the impugned Notification, Mr. Aggarwal, learned counsel for the petitioner had sought some time to obtain instructions from his client. The hearing was deferred to enable him to obtain instructions. He has returned with instructions to the effect that his client does not wish to press the present petition. W.P. (C) 3057/2020 Page 1 of 2 Full Article
ni Lalit Kumar Gupta vs North Delhi Municipal ... on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 CM.APPL.10636/2020 (exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of. W.P.(C) 3055/2020 & CM APPL.10635/2020 (for interim relief) 1. The petitioner seeks issuance of a writ of certiorari, quashing the disciplinary proceedings, pending against him for over 7 years as on date, on, inter alia, the ground that he has been acquitted in the criminal proceedings initiated against him on the same charge. It is W.P. (C) No.3055/2020 Page 1 of 4 pointed out that, on the ground of pendency of the aforesaid disciplinary proceedings, the petitioner's request for being permitted to voluntarily retire from service, was also been rejected vide communication dated 12th December, 2019. Full Article
ni Smt. Kamla Sharma vs North Delhi Municipal ... on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 1. This writ petition is filed by the petitioner seeking to impugn the show cause notice dated 15.09.2014, the demolition order dated 29.04.2015, the order of the ATMCD dated 10.08.2016 and the order of the Appellate Authority dated 10.08.2018. 2. The case of the petitioner is that the property bearing No. 8770/14B, Shidi Pura, Karol Bagh, Delhi (measuring 85 sq. yards) was purchased by Late Sh.Prem Nath Shrama, husband of the petitioner on 20.09.1982. Prior to the said property, he had also purchased the adjacent property bearing No. 8771/14 B (measuring 160 sq. yards) on 28.10.1972. Sh. Prem Nath Sharma died on 11.05.1996. Pursuant to a Will, the petitioner became the absolute owner of the two properties. Full Article
ni Mr. Rajnish Yadav vs The North Delhi Municipal ... on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 2. Summons in the present suit were issued on 24th October 2014 and vide order dated 3rd April 2018, following issues weresettled: - i. Whether the plaintiff is entitled to a money decree against the defendant, if so for what amount? OPP ii. Whether the plaintiff is entitled to interest, if so at what rate and for what period? OPP iii. Relief. 3. Briefly stated, case of the plaintiff is that he is a duly registered Class- I contractor, under the name Bharat Construction Company, a CS(COMM) 719/2017 Page 1 of 18 proprietorship firm with the Municipal Corporation of Delhi. The plaintiff was awarded construction work of outfall drain from A-74, Phase-I, Naraina Industrial Area to DTC Nallah at Loha Mandi Naraina in Karol Bagh Zone vide work order No. EE-Project Karol Bagh/SYS/2011- 2012/14 dated 10th February 2012. The contractual amount of the work was Rs. 4,05,26,960 and the time for completion was of 6 months. Full Article
ni Rohit Mahawar And Ors vs Union Of India And Ors on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 W.P.(C) 3062/2020 1. The present petition under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein. 2. The writ petition has been heard by way of video conferencing. 3. Present public interest litigation has been filed seeking a direction to the respondents to a mandate that the travellers of Delhi Metro Rail should provide proof of their identities and addresses while purchasing Metro cards from Delhi Metro Rail Corporation. W.P.(C) 3062/2020 Page 1 of 2 4. Petitioners, who appear in person, state that Delhi Metro Rail Corporation issues digital Metro cards or tokens (digital monies) to its customers, who in turn use it as travel coupons. They state that linking of Metro card and token with the address proof of the travellers would protect the right to property, in the event, the Metro card or token is lost. They further state that in the wake of ongoing COVID-19 pandemic, it is of utmost importance that the respondents should be aware about the details of the passengers travelling by Delhi Metro as it would help in preventing a patient from travelling and would also help in tracing the affected travellers in case a patient had unwillingly travelled in Delhi Metro. Full Article
ni O.P. Gupta vs Union Of India & Anr. on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 1. The present public interest litigation under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein. 2. The writ petition has been heard by way of video conferencing. 3. Present public interest litigation has been filed seeking a number of directions. The prayer clause is reproduced hereinbelow:- W.P.(C) 3068/2020 Page 1 of 8 "a) the respondent no.1 (Union of India) be directed to stop respondent no.2 (Govt. of Haryana) from doing all these restriction activities in violation of their orders dated 15.04.2020; Full Article
ni Avr Enterprises vs Union Of India on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 CM(M) 769/2018 with CM APPL. 27219/2018 1. Petitioner impugns order dated 18.04.2018 whereby the Trial Court has rejected the preliminary objection raised by the Petitioner that the petition filed by the Respondent under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called the Arbitration Act) impugning award dated 14.07.2016 was liable to be dismissed because Respondent had not deposited 75% of the awarded amount as stipulated in Section 19 of the Micro, Small and Medium CM(M) 769/2018 Page 1 of 16 Enterprises Development Act, 2006 (hereinafter referred to as the MSMED Act). 2. Respondents had issued a Tender Enquiry for procuring Cover Water Proof 9.1 M x 9.1 M. The bid of the Petitioner was accepted by the Respondents and contract dated 05.04.2005 was entered between the parties. Full Article
ni Brij Nandan Soni vs The State Of Madhya Pradesh on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit. Applicant has been arrested on 13.2.2020 by Police Station Crime Branch, Gwalior in connection with Crime No.30 of 2020 registered in relation to the offence punishable u/S.411 and 414 of IPC. It is submitted by the counsel for the applicant that allegation of misappropriation of amount of Rs.2 crore has been levied against the present applicant. It is submitted that the amount was being taken for depositing in the bank and belonged to M/s Gupta Traders which is corroborated from daily cash summary annexure P/2. Dinesh Gupta is the proprietor of the firm. The investigation in the matter is over and the charge sheet has been filed. The offence does not carry punishment for more than three years and the offences alleged against the applicant are 2 THE HIGH COURT OF MADHYA PRADESH MCRC.11826.2020. Full Article
ni Gopal Prasad Shivhare vs Union Of India on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 The petition is being filed by the petitioner and challenge is being made to the order dated 04.03.2020, whereby the petitioner is directed to retire on completion of 62 years of age. It is submitted that the petitioner is a Physical Instructor and is equivalent to Teacher as has been held by the Full Bench of this Court in the case of State of M.P. & Others Vs. Yugal Kishore Sharma, in W.A.No.613/2016. Petitioner has placed reliance upon the Clause F of Regulation 8 of Ministry of Human Resources and Development Department as under :- "(f) Age of Superannuation :- (i) In order to meet the situation arising out of shortage of teachers in universities and other teaching institutions and the consequent vacant positions therein, the age of superannuation for teacher in Central Education Institution has already 2 HIGH COURT OF MADHYA PRADESH WP.No.7385/2020 (Gopal Prasad Shivhare Vs. Union of India & Others) been enhanced to sixty five years, vide the Department of Higher Education letter No. F.No.1- 19/2006-U.II dated 23.03.2007, for those involved in class room teaching in order to attract eligible persons to the teaching career and to retain teachers in service for a longer period. Consequent on upward revision of the age of superannuation of teachers, the Central Government has already authorized the Central Universities, vide Department of Higher Education D.O. Letter No.F.1-24/2006-Desk(U) dated 30-03-2007 to enhance the age of superannuation of vice- Chancellors of Central Universities from 65 years to 70 years, subject to amendments in the respective statutes, with the approval of the competent authority (Visitor in the case of Central Universities). Full Article
ni Piyush Jaiswal vs Barkatullah University on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 For Respondent/University: Shri Samresh Katare, Advocate. Law laid down Significant Para Nos. Reserved on : 12.02.2020 Delivered on : 08.05.2020 (O R D E R) Since pleadings are complete and learned counsel for the parties agreed to argue the matter finally, therefore, they are heard finally. For the purpose of convenience, facts of W.P. No.1157/2019 are being taken- 2 W. P. No. 1157/ 2019 & W. P. No. 1011/2019 up. 2. This petition under Article 226 of the Constitution of India is preferred by the petitioners seeking following reliefs:- Full Article
ni Manish Yadav vs The State Of Bihar on 17 March, 2020 By indiankanoon.org Published On :: Tue, 17 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Singh, Advocate For the State : Mr. Binay Krishna, SPL PP For the Informant : Mr. Indrajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant, who has suo motu appeared. Full Article
ni Ajit Kumar @ Ajit Sahni @ Ajit Kumar ... vs The State Of Bihar on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody in connection with Kankarbagh PS Case No. 233 of 2019 dated 27.02.2019 instituted under Sections 395/397 of the Indian Penal Code. Full Article
ni Anwari Khatoon @ Tunni @ Nikki vs The State Of Bihar on 19 March, 2020 By indiankanoon.org Published On :: Thu, 19 Mar 2020 00:00:00 +0530 Late Navi Hasan @ Navi Hasan Miya 2. Jafrani Khatoon @ Zafrin Khatoon, female, aged about 24 years, W/o Md. Ezaj Kadri Both resident of Nardiganj Bazar, P.S.- Nardiganj, District- Nawadah ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dineshwar Prasad Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioners and learned APP for the State. Full Article
ni Elon Musk says Tesla will 'immediately' leave California after coronavirus shutdowns forced the company to close its main car factory By www.businessinsider.in Published On :: 9 May 2020, 22:58 Elon Musk says Tesla may leave its Palo Alto headquarters and Fremont, California factory. In a tweet Saturday morning, the chief executive continued his outrage against shelter-in-place orders that have forced most non-essential businesses to close. Last week, Musk likened the rules to fascism, and urged leaders to "give people their goddamn freedom back." Visit Business Insider's homepage for more stories.After a week of decrying coronavirus shelter-in-place orders that have left Tesla's main factory shuttered and unable to produce vehicles, Elon Musk says the company may move its factory out of the state."Tesla is filing a lawsuit against Alameda County immediately," the chief executive said on Twitter Saturday morning. "The unelected & ignorant 'Interim Health Officer' of Alameda is acting Full Article
ni James Maddison thanks Leicester fans after winning the ePremier League invitational By Published On :: Sun, 10 May 2020 01:23:05 +0100 James Maddison put his untamed lockdown hairstyle on display as he thanked Leicester fans on Instagram after winning the ePremier League invitational on Saturday. Full Article
ni M/S Anil Kumar Maggu vs State Of Haryana And Others on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 The petitioner has already made a representation. The competent authority is directed to decide the representation in accordance with law within a period of one week from today by passing a speaking/detailed order. Petition stands disposed of accordingly. ( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 08-05-2020 20:42:29 ::: Full Article
ni Subash Chander vs Union Of India And Ors on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 The petitioner is permitted to make a representation to the General Manager, Food Corporation of India, Chandigarh within a period of one week from today. The General Manager shall decide the representation by passing a speaking/detailed order by referring to the terms and conditions incorporated in the tender document. Petition stands disposed of accordingly. ( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 08-05-2020 20:39:14 ::: Full Article
ni Reena Rani vs State Of Punjab on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 Prayer in the application is for grant of anticipatory bail in FIR bearing No.37 dated 05.03.2020, under Sections 376 and 120-B of Indian Penal Code, 1860 (Section 4 of The Protection of Children from Sexual Offences Act, 2012 and Section 506 IPC were added later on) registered at Police Station Sadar, Jalandhar. FIR was recorded on the statement of ABC (name withheld). She stated that in the year 2018, she alongwith her female friends had gone to the house of Jassa son of Kashmiri Lal for Lohri, where Jassa clicked group and individual photographs of the complainant and her friends. In February 2018, Reena Rani wife of Rui Das, sister-in-law of Jassa, called the complainant to her house and took photographs of the complainant with Jassa. Reena made Jassa and the complainant sit in a room and bolted the door from outside. When Jassa and complainant were alone in the room, 1 of 3 ::: Downloaded on - 08-05-2020 21:11:25 ::: CRM-M-12084 of 2020 {2} Jassa sexually assaulted the complainant. Somehow the complainant managed to get door opened and went back home. Jassa started harassing, black-mailing and threatened her. Later on, the complainant narrated the entire incident to her mother and submitted a complaint before the police authorities. Full Article
ni Disney keeps remaking its animated movies into live-action films. Former animators tell us how hard it is to see their work re-envisioned 20 years later. By www.businessinsider.in Published On :: Sat, 09 May 2020 21:05:34 +0530 Disney keeps remaking its animated classics because they're a proven box-office success.Insider spoke with three former Disney animators who worked on "Beauty and the Beast," "Hercules," "The Lion King," and "Mulan" who shared their thoughts on the adaptations. They were surprised so many of the films they worked on are getting remade, especially the more recent ones from the '90s.None of them were fans of "The Lion King," criticizing the film's lack of emoting and how closely it adhered to the original."I think it's all about the money and growing the company and making the investors and stockholders happy," "Mulan" co-director Tony Bancroft told Insider. Insider also spoke with producers and VFX artists on "Aladdin" and "The Lion King" who pushed back on claims the remakes are simply cash-grabs.If Full Article