The respondent expressed lack of confidence on the learned Arbitrator.

The petitioner has pointed out a letter written by the learned Advocate-on-Record for the respondent which, according to the petitioner, was disrespectful to the learned Arbitrator. The petitioner apprehends that the same conduct will be repeated by the respondent's learned Advocate.

Mr. Kar, learned Senior Advocate for the respondent, submits that the letter written by the Advocate-on-Record for the respondent was in answer to the contents of the letter written by the petitioner's Advocate.

2

It appears that there were allegations and counter allegations with regard to the conduct of the parties before the learned Arbitrator. The situation was very unfortunate.

The Court:- Mr. Mitra, learned senior advocate prays for hearing of this application under section11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) on the ground that the arbitrability of a dispute should not be decided by this Bench. This issue should also be decided by the learned arbitrator. Mr. Mitra further contends that once there is an arbitration clause and arbitration has been invoked under section 21 of the said Act, all that this court is supposed to do is to appoint an independent person to act as an arbitrator.

2

Mr. Sinha, learned advocate for the respondent opposes such prayer and submits that the order passed under section 9 of the Arbitration and Conciliation Act, 1996 in favour of Mr. Mitra's client, has been challenged before the Hon'ble Division Bench. Mr. Sinha has produced an order dated 15th April, 2024 passed in the appeal preferred by the respondent. The question of jurisdiction of the arbitrator to decide the dispute has been raised. The Hon'ble Division Bench had observed that it would be up to the learned single judge whether to decide the question or to adjourn the proceedings, in order to enable the Division Bench to proceed. Mr. Sinha submits that the erstwhile Single Bench had adjourned this matter, on the basis of the order of the Hon'ble appeal Court.

The Court:- This appeal by the assessee filed under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated January 16, 2024 passed by the Income Tax Appellate Tribunal 'C' Bench, Kolkata (the Tribunal) in ITA No.1964/Kol/2019 and C.O. No.39/Kol/2019 for the assessment year 2015-16. This appeal is admitted on the following substantial questions of law:-

(i) Whether the Tribunal was justified in law in upholding the invocation of sub-section (2) of section 14A of the Income Tax Act, 1961 and rule 8D(2)(iii) of the Income Tax Rules, 1962, in the absence of any satisfaction recorded by the Assessing Officer that having regard to the accounts of appellant, the appellant's claim that expenditure of Rs.9,77,888/ was incurred in relation to the exempt income was not correct?

The Court: Liberty is granted to the advocate-on-record for the claimant to correct the description of the application in the cause title.

By communication dated September 3, 2024, learned sole arbitrator appointed by the court informed the parties that he had resigned from the matter. He thus refused to act as the sole arbitrator. The petitioner prays for appointment of a substitute arbitrator.

2

Ms. Banerjee, learned advocate for the respondent submits that the respondent had filed a suit. An application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act,) is also pending before the learned Civil Court at the instance of the petitioner. As such, this Court must refrain from appointing an arbitrator as the issues involved in the suit are yet to be decided and the application under Section 8 of the said Act has been filed with similar prayers.

The Court :- We have heard the learned Advocates for the parties. The revenue has filed this appeal under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 9th May, 2023 passed by the Income Tax Appellate Tribunal "B" Bench, Kolkata (the Tribunal) in ITA/491/Kol/2021 for the assessment year 2011-12. The revenue has raised the following substantial questions of law for consideration:-

a. Whether the learned Tribunal has committed substantial error in law in granting relief to the assessee without considering the fact that neither the assessee nor the amalgamating company informed the AO about the scheme of amalgamation approved by the Hon'ble High Court and therefore defect in not issuing notice in the name of amalgamated company remained a curable defect under section 292B of the Income Tax Act, 1961 ?

The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act) is directed against an order dated October 26, 2023, passed by the Income Tax Appellate Tribunal, "C" Bench, Kolkata (Tribunal) in I.T.A No.1842/Kol/2017, for the assessment order 2009-10.

The revenue has raised the following substantial questions of law for consideration:-

i) Whether on the facts and in law, the Hon'ble ITAT is justified in setting aside the order of the Ld. CIT(A) and deleting the additional made by the A.O. towards unexplained share capital and share premium of Rs.15,51,00,000/- u/s. 68 of the Act by holding that the assessee had discharged its onus to prove the identity and creditworthiness of the share subscribing companies and the genuineness of the transactions overlooking the fact that not even a single Director of the share subscribing companies appeared before the Assessing Officer nor provided a valid reason for their non-appearance?

Bivas Pattanayak, J. :-

1. The instant execution case has been filed by the plaintiff-decree holder against the defendant-judgment debtor for execution of a decree dated 24th March, 2021 for a sum of Rs.12,54,607.68/-.

2. In its affidavit in support of tabular statement the decree holder contends that the judgement-debtor holds immovable property namely an office at Golpark Co-operative Housing Society, Flat no. 13/B2, 4th Floor, 49C, Govindapur Road, Lake Gardens (near Jodhpur Market), Kolkata-

2

700068 and operates bank account at UCO Bank, Park Circus Branch, Kolkata-700014.

3. The judgement debtor through its partner filed its affidavit of assets who contends that he possesses the above mentioned flat and the bank account.

By way of this order, I intend to dispose off aforesaid-captioned appeals. These appeals involve similar question of law in the background of identical set of facts.

1 of 9 Neutral Citation No:=2024:PHHC:145543 other connected cases

2. For brevity, the facts are being culled out from from FAO No.1112 of 1988.

3. Instant appeal is directed against judgment dated 26th of August, 2022 passed by Sub Judge, 1st Class, Phagwara exercising powers as ESI Court under ESI Act, 1948 whereby the petition filed under Section 75-78 of the ESI Act, 1948 by the respondent has been allowed.

4. Recovery certificate under Section 45-A was issued and attachment proceedings were initiated against the respondent through Assistant Collector 2nd Grade, Phagwara for recovery of Rs.6690-95 paise. Respondent challenged the demand before ESI Court. It was claimed that the demand raised by the ESI Corporation was based on adhoc assessment without any survey. The demand has been raised w.r.t. 132 KV Sub Station, Phagwara. The same does not fall within the purview of ESI Act as the strength of the staff is only three in number. The staff employed for maintenance like Mali, Sweeper at the Sub Station are on the roles of XEN D/S and not on the roles of KV Sub Station. It was thus claimed that the respondent was not liable to pay any amount towards ESI contribution.

Present revision petition is directed against order dated 3rd of May, 2024 passed by Civil Judge (Junior Division), Rohtak whereby application filed by the defendants under Order VII, Rule 11 CPC read with Section 151 CPC seeking rejection of the plaint, stands dismissed.

2. For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the petitioners as the defendants and respondent No.2 as the plaintiff.

1 of 8 Neutral Citation No:=2024:PHHC:144672

3. Respondent/plaintiff filed suit seeking declaration to the effect that order passed by Divisional Canal Officer, Rohtak Water Services Division, Rohtak, dated 7th of March, 2017 sanctioning water course AB be declared illegal, null, and void. Further prayer was for decree in form of permanent injunction restraining the respondents from digging the water course.

1. Relief Sought The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for the grant of regular bail to the petitioner in FIR No. 07, dated 07.02.2024, under Sections 22, 29 of NDPS Act, 1985, registered at Police Station Talwandi Chaudharian, District Kapurthala.

2. Facts Facts as narrated in the FIR reads as under:-

"Statement of ASI Nirmal Singh 51/Kpt: Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Stated that I was on duty at Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Today I alongwith ASI Parvinder Singh 1517/Kpt, ASI Kanwaljit Singh 1539/Kpt were checking vehicles at Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Then from side of Mundi Maur one motorcycle was seen coming and three persons with cut hair were riding the same. They were signaled to stop on seeing the naka of police they threw the 1 of 7 Neutral Citation No:=2024:PHHC:146061 motorcycle and tried to run back. The driver of the motorcycle from the pocket of his pant, the person sitting in the middle from the pocket of his pyjama and the person sitting at the end from the pocket of his pant took out one transparent polythene bag and threw the same on the side of the road and therein orange colored tablets were clearly visible. They were apprehended and their names and address was inquired. The driver of the motorcycle disclosed his name as Balwinder Singh @ Deepa son of Swaran Singh R/o village Hamira P.S. Subhanpur. The person sitting in the middle disclosed his name as Manjit Singh @ Katta son of Vaid Singh Resident of Hamira P.S. Subhanpur. The person sitting at the last disclosed his name as Gurnam Singh @ Gama son of Sewa Singh R/o Phulra P.S. Bhaini Mian Khan District Gurdaspur. I being local rank ASI cannot carry out proceedings under the NDPS Act. Therefore, I had given information at P.S. Talwandi Chaudhrian through phone to send investigating officer. You alongwith police party have reached at the spot. The polythene bags thrown by Balwinder Singh @ Deepa, Manjit Singh @ Katta and Gurnam Singh ® Gama are lying as it is. I have given my statement to you and same is correct."

INDEX

1. Challenge in the present Para 1 Page 1-2 appeal

2. Background of the case Paras 2-9 Pages 2-6

3. Arguments on behalf of the Paras 10-13 Pages 6-10 appellants

4. Arguments on behalf of Paras 14-15 Pages 10-12 respondent no.1/plaintiff

5. Analysis and Findings Paras 16-38 Pages 12-25 CHALLENGE IN THE PRESENT APPEAL

1. Defendant Nos.2 to 4 have filed the present appeal under Section 41 of the Punjab Courts Act, 1918. Challenge in the present appeal is to the judgment dated 11.09.1992 vide which the Ist Appellate Court had set aside the judgment and decree dated 02.12.1988 passed by the trial Court and had decreed the suit filed by the plaintiff/respondent 1 of 25 Neutral Citation No:=2024:PHHC:145434 RSA-1920-1992 (O&M) [2] No.1 (presently represented by his LRs) for specific performance. BACKGROUND OF THE CASE

CRM-42163-2024 For the reasons stated in the application coupled with the no objection pleaded by the State counsel, the application is allowed and copy of the judgment of acquittal Annexure A-7 dated 04.09.2024 passed by the Court of Additional Sessions Judge, Jind is taken on record. CRA-S-2545-2019

1. The instant appeal has been preferred against the impugned order dated 11.04.2019, passed by the Court of Additional Sessions Judge, Jind whereby the appellant who stood surety for accused Balwinder @ Binder, is directed to pay penalty of Rs.1 lac with further direction that the same be recovered as arrears of land revenue by the Collector concerned.

2. The brief facts of the case are that Balwinder @ Binder who was accused in a criminal case having FIR No.23 dated 21.02.2016 under Sections 147, 148, 149, 283, 186, 341, 332, 353, 307, 395, 397, 406, 427, 436 and 120- B IPC and under Section 25 of Arms Act and under Sections 3 and 4 of PDPP Act, Police Station Pillukhera (Uchana) and he was granted bail and appellant stood as his surety in sum of Rs.1 lac. Subsequently, Balwinder @ Binder jumped bail and absconded. Resultantly, notice under Section 446 1 of 3 Neutral Citation No:=2024:PHHC:144618 CRA-S-2545-2019 [2] Cr.P.C was served upon the appellant and he was imposed penalty of Rs.1 lac vide impugned order dated 11.04.2019.

N.S.Shekhawat J.

1. The petitioner had filed the present petition under Section 528 of B.N.S.S with a prayer to quash the impugned order dated 07.01.2023 (Annexure P-9) passed by the Court of Judicial Magistrate Ist Class, Amritsar, whereby the petitioner was declared as a proclaimed person in a case arising out of FIR No.140, dated 24.05.2021, registered under Sections 419, 420, 467, 468, 471, 448, 511, 506, 148, 149 and 120-B of IPC, Police Station Maqboolpura, District Police Commissionerate, Amritsar (Annexure P-1).

2. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the abovesaid FIR (Annexure P-1). The petitioner was not initially named in the FIR and had no knowledge with regard to the pendency of the proceedings against him. Learned counsel further contends that even the summons/warrants were issued against the petitioner on a wrong address and he was never served in the present case. Even, the 1 of 6 Neutral Citation No:=2024:PHHC:146455 CRM-M-38364-2024 - 2-.

1. Relief Sought The jurisdiction of this Court under Section 483 BNSS, 2023, has been invoked for the grant of regular bail to the petitioner in FIR No. 85, dated 12.09.2023, under Sections 379-B(2), 341, 336, 411, 201, 34 of IPC and Sections 25/27 of Arms Act, registered at Police Station Shekhwan, Police District Batala, District Gurdaspur, Punjab.

2. Facts Facts as narrated in the FIR reads as under:-

"Statement of Kawaljit Singh S/o Kuldeep Singh R/o House No. 177 Loharka Road, Gali No.9 NRI Colony, Amritsar aged 49 years. M. No. 98884-30028. Stated that I am resident of aforementioned address and is doing work of Fashion Designer at Amritsar. My in-laws are residing in village Talwandi Jangla. My father in law name is Sucha 1 of 6 Neutral Citation No:=2024:PHHC:145797 Singh son of Mohan Singh. Today I along with my wife Sarabjit Kaur aged 40 years went to meet my in-law's family at village Talwandi Jangla on Bullet Motorcycle No. PB-02-DV-4128 colour black. After meeting them at around 07:00 PM I along with my wife left for our house and at around 07:20 PM when we reach Qullian on Qadian to Batala road then one motorcycle came from back on which three boys were sitting. Two were clean shaved and one was in turban. They park their motorcycle in front of my motorcycle and stopped us. The boys told us that we should give them motorcycle and when I refused then one Hindu clean shaved person took our pistol and fired three shots in air to make us afraid. They took away my bullet motorcycle colour back No. PB02-DV-4128. I informed police by calling at 100 number and you have come at the spot."

1 This petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail in case F.I.R. No.0108 dated 19.09.2021 registered under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Bhikhiwind, District Tarn Taran.

2. Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

3. As per the case of the prosecution, the petitioner was found to be in illegal possession of 255 grams of heroin.

4. Counsel for the petitioner submits that the petitioner is behind bars for more than 3 years, 1 month and 17 days. Trial is proceedings at snail's pace as by now only 5 out of 11 witnesses could be examined.

1. Instant petition has been filed praying for quashing of the FIR No.159, dated 05.07.2017, under Sections 353, 186, 341, 332, 323, 148, 149 of IPC (challan presented under sections 353, 186, 341, 332, 323, 148, 149, 201 IPC), registered at Police Station Patran, District Patiala (Annexure P-1) along with all other consequential proceedings arising therefrom on the basis of compromise dated 16.07.2024 (Annexure P-3). Further prayer has been made for staying all the consequential proceedings arising out of the present FIR during the pendency of the present petition.

1 of 6 Neutral Citation No:=2024:PHHC:145330

1. The instant petition has been filed by the petitioner under Section 482 Cr.P.C seeking quashing of criminal complaint No.31-II dated 18.01.2016 titled as Employees State Insurance Corporation Vs. Vijay Singh Jakhar and another (Annexure P-1) filed under Section 85 (a) of the Employees State Insurance Act 1948 (in short, 'Act of 1948') and summoning order dated 18.01.2016 (Annexure P-2) passed by the Court of Chief Judicial Magistrate, Hisar and all the consequential proceedings arising thereof.

2. The brief facts of the case are that Employees State Insurance Corporation (in short 'ESIC') filed criminal complaint Annexure P-1 against the petitioner and M/s Jaat Senior Secondary School, Hisar under Section 85 (a) of the Act of 1948 wherein it was alleged that petitioner is 1 of 7 Neutral Citation No:=2024:PHHC:145123 CRM-M-1189-2017 [2] proprietor and principal employer of M/s Jaat Senior Secondary School, Hisar in terms of Sections 2(17) and 86-A of the Act 1948. The accused failed to pay any contribution as required under Sections 39, 40 (1), 43 and 44 of the Act of 1948 read with Regulation 26 of the Employees State Insurance (General) Regulation 1950, for the contribution period ending 04/2011 to 03/2013 and thus, the accused have committed offence punishable under Section 85 (a) of the Act of 1948. The necessary sanction for prosecution required under Section 86 (1) of the Act of 1948 is taken from the competent authority before filing the complaint Annexure P-1, which was filed through S.S.O, ESIC, Hisar. On presentation of the complaint, the Court of Chief Judicial Magistrate, Hisar took cognizance and as the complaint was filed by the complainant in his capacity as a public servant, recording of preliminary evidence was dispensed with and petitioner and M/s Jaat Senior Secondary School, Hisar were summoned under Section 85(a) of the Act of 1948 vide order Annexure P-2 dated 18.01.2016.

1. Relief Sought This petition has been filed under Section 483 BNSS, 2023 for grant of regular bail to the petitioner in Case FIR No. 69 Dated 02.03.2023 registered under Sections 302, 364, 201, 406, 420, 120-B IPC at Police Station City Kharar District SAS Nagar (Mohali).

2. Prosecution story set up in the present case as per the version in the FIR reads as under :-

'Statement of Gagan Kumar Son of Paramjit Singh Resident of House No.-2213/55 C New Vijay Nagar Street No-3 Tajpur Road, Ludhiana, District Ludhiana aged about 26 years, stated that I am a resident of the aforesaid address and working in a private job at Ludhiana. My brother-in-law Rajinder Singh son of Hardev Singh Village Post Office Mahauli Khurd Police Station Sandour District Malerkotla (aged about 33-34 years) who used to work for car sales and exchange at Kharar who lived on rent at Sri Krishna Dairy Sante Majra Colony Kharar near Swaraj Nagar that on dated 18-2- 2023 my brother-in-law came back from Gurgaon Haryana. With whom I spoke on the phone, who told me that I will come to 1 of 8 Neutral Citation No:=2024:PHHC:145880 Ludhiana on Monday.

1. Relief Sought The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for the grant of regular bail to the petitioner in FIR No. 121, dated 08.08.2023, under Sections 307, 379-B(2), 411, 473 of IPC and Sections 25/27 of Arms Act, registered at Police Station Dakha, District Ludhiana Rural.

2. Facts Facts as narrated in the FIR reads as under:-

"Statement of Rahul Rathore son of Satpal Rathore son of Kabrika Singh resident of Back side of Rythem Place, Mandi Mullanpur PS Dakha, Tehsil and District Ludhiana, aged about 23 years, Mobile no:

82831-59149, it is stated that I am resident of above mentioned 1 of 8 Neutral Citation No:=2024:PHHC:145836 address and I started learning the work of denting-painting after passing my 10th class in year 2015-16. Now I have one workshop situated near Mini Holland, Mandi Mullanpur under the name and style of B.R Motors. Yesterday 07.08.2023 at about 4:40 PM I took my car make Swift bearing registration number PB-22H-9291 whose denting-painting work was pending to Car Bazar, Ayali Chowk, Ludhiana from my workshop and at about 5:20 PM I took my car from said Car Bazaar and was going to Mullanpur and on my way I took some smoking material (Cigarettes-Bidi etc.) from one Khokha Shop) situated on the left side of PTCE Badowal from Railway Crossing Badowal and I along with my friend namely Sagar @ Bhalu resident of Mandi Mullanpur in said car make Swift were smoking, meanwhile two young persons dressed as Nihang Sikhs came near our car and they were standing there and they got stopped us and asked that where are you going, on which I told them that we are going to Mullanpur. They told me that our motorcycle is out of fuel and kindly took us along with you. On which I took both the said Nihang Sikhs along in my car and we left from there. Meanwhile when we reached at main GT Road and turned towards Mullanpur City then one of the Nihang Sikh called to some person and told that our motorcycle is out of fuel, kindly refill the fuel and stand near PTCE Badowal and get me communicate with that Khokha (shop) owner and took motorcycle from there. Thereafter when my car reached in front of the Baba Zahir Bali Badhowal then the Nihang Sikh who was sitting on the back seat took out his pistol and pointed it towards the temple of my friends namely Sagar @ Bhalu. I stopped my vehicle, on which my friend namely Sagar @ Bhalu ran away towards backside after opening the door of the car and both the Nihang Sikhs present in the car told that get out from the car otherwise we will shoot you. I protested for the same then the Nihang Sikh sitting on the back seat of the car opened a fire shot of his pistol towards me and it hit on the bicep of my left arm and pierced through it and the other Nihang Sikh pulled me out from the car by opening the door and took me out from the car and both the said Nihang Sikh snatched my car make swift bearing registration number PB-22H-9291 and ran 2 of 8 Neutral Citation No:=2024:PHHC:145836 away towards Mullanpur Mandi Side. There was flow of blood from my arm, due to which several passers-by got together at the spot and I took lift from some motorcycle rider and reached at my workshop at Mullanpur Dhaka, Where one Birbal took me to Civil Hospital Sudhar in his car make Creta. They referred me further to Civil Hospital Ludhiana and from there I was got admitted to Bhiwan Hospital, Kaccha Malk road, Jagraon by my father namely Satpal Rathore after arranging a vehicle. Here my treatment is going on. Kindly take required legal action against both the said unknown Nihang Sikhs. I have got recorded my statement to you, heard it as correct. SD/- Rahul verified by SD/- Satpal Rathore attested SD/ - Dharminder Singh ASI PS Dhaka dated 08.08.2023"

1. The instant petition has been filed by the petitioner under Section 482 Cr.P.C seeking quashing of criminal complaint No.32-II dated 18.01.2016 titled as Employees State Insurance Corporation Vs. Vijay Singh Jakhar and another (Annexure P-1) filed under Section 85 (e) of the Employees State Insurance Act 1948 (in short, 'Act of 1948') and summoning order dated 18.01.2016 (Annexure P-2) passed by the Court of Chief Judicial Magistrate, Hisar and all the consequential proceedings arising thereof.

2. The brief facts of the case are that Employees State Insurance Corporation (in short 'ESIC') filed criminal complaint Annexure P-1 against the petitioner and M/s Jaat Senior Secondary School, Hisar under Section 1 of 7 Neutral Citation No:=2024:PHHC:145104 CRM-M-614-2017 [2] 85 (e) of the Act of 1948 wherein it was alleged that petitioner is proprietor and principal employer of M/s Jaat Senior Secondary School, Hisar in terms of Sections 2(17) and 86-A of the Act 1948. The accused have failed to submit the return of contribution as required under Sections 39, 40 (1), 43 and 44 of the Act of 1948 read with Regulation 26 of the Employees State Insurance (General) Regulation 1950, for the contribution period ending 04/2011 to 03/2013 and thus, the accused have committed offence punishable under Section 85 (e) of the Act of 1948. The necessary sanction for prosecution required under Section 86 (1) of the Act of 1948 is taken from the competent authority before filing the complaint Annexure P-1 which was filed through S.S.O, ESIC, Hisar. On presentation of the complaint, the Court of Chief Judicial Magistrate, Hisar took cognizance and as the complaint was filed by the complainant in his capacity as a public servant, recording of preliminary evidence was dispensed with and petitioner and M/s Jaat Senior Secondary School, Hisar were summoned under Section 85(e) of the Act of 1948 vide order Annexure P-2 dated 18.01.2016.

1. Relief Sought The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for second time seeking the concession of regular bail for the petitioner in FIR no.0608 dated 10.12.2023 under Sections 22(C), 29, 61 and 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Naraingarh, District Ambala (Annexure P-1), during the pendency of trial.

2. Prosecution story set up in the present case as per the version in the FIR read as under :-

'Respected Sir, To the Station House Officer, Police Station Naraingarh, District Ambala. Today on 10.12.2023, ASI Matlub Hussain No. 207/AMB HSNCB UNIT AMBALA, ASI SANDEEP KUMAR 75/A, EASI SURENDRA SINGH NO.

1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2. Per paragraph 16 of the reply dated 14-10-2024, the accused has the following criminal antecedents:

Sr. No. FIR No. Date Offenses Police Station

1. 331 1994 Under section 379 IPC Paschim Vihar, East Delhi

2. 497 1994 Under section 379 IPC Paschim Vihar, East Delhi

3. 715 1998 Under section 379 IPC Paschim Vihar, East Delhi

4. 920 2004 Under section 379 IPC Paschim Vihar, East Delhi

CRM-43453-2024 Application is allowed, as prayed for.

Exemption from filing certified copies of Annexures P-1 to P-3 is granted and the same are taken on record with just exceptions. CRM-M-54564-2024

1. Relief Sought The jurisdiction of this Court under Section 483 BNSS, 2023, has been invoked for the grant of regular bail to the petitioner in FIR No. 168, dated 25.04.2024, under Sections 21(b)(ii)(c) of NDPS Act, 1985 (Section 29 of NDPS added later on), registered at Police Station Meham, District Rohtak.

1 of 9 Neutral Citation No:=2024:PHHC:145894

2. Facts Facts as narrated in the FIR reads as under:-

1. The instant petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure (for short 'the Code') seeking quashing of FIR No. 258 dated 20.11.2013 20.11.2013, registered under Sections 307, 115, 120-B B of IPC and Section 25 of the Arms Act, 1959 at Police Station Division No. 7, Jalandhar, chargesheet/final report under Section 173 of the Code, the order dated 13.01.2015, whereby the petitioners were ddeclared eclared as proclaimed offenders as well as all the subsequent proceedings having emanated ed therefrom.

2. Adumbrated facts as emanating from the record are that the aforementioned FIR was registered on the basis of the statement recorded by respondent No. 2/complainant 2/complainant Karanveer Singh on 20.11.2013 alleging that on the same day, he along with his partner Maninder Singh was present in his office situated at Urban Estate, Phase-2, Phase 2, Jalandhar, when at about 03:30 PM, 1 of 15 Neutral Citation No:=2024:PHHC:144868 CRM-M-12293 12293-2015 (O&M) -2- two youths having muffled faces entered inside his office, whereas two persons remained outside the gate and stairs of his offic office. The youths, who had barged into his office, were armed with pistols and when the complainant complain asked them about the reason for their coming there,, they opened fire with their pistols upon him with intent to kill him. The complainant, however, managed to save ave himself by by throwing a chair towards them and the bullets so fired hit on the side of his cabin after piercing through the chair and then hit the roof. On raising alarm, alarm, all of them fled away from the spot. The complainant disclosed that he identified one one of them as Parshotam Kumar, resident of Bijnor. He also alleged that said Parshotam Kumar was having enmity with his brother Vikramjit Singh, who was residing in Norway and was going to get permanent residency. Harminder Harminder Singh, father of the complainant, complainant recorded his statement under Section 161 of the Code disclosing that he was proceeding towards the office of his son, when two car cars were noticed while going from the side of the office. One of those cars cars,, which was Indica make, was driven by accused Parshotam Parshotam Kumar and three persons were sitting therein. He also disclosed that in the second car, which was Tata 207 make, Pawan Kumar @ Pawan and Kulwinder Singh @ Kaka were sitting and he already knew them. The statements of Vikramjit Singh, who was also present pre in India at that time, and other material witnesses were also recorded.

1. The instant appeal is directed against the verdict drawn on 15.01.2020, upon Sessions Case No.63, of 2017, by the learned Additional Sessions Judge, Hisar, wherethrough, in respect of a charge drawn for an offence punishable under Section 302 of the IPC, he recorded a verdict of conviction against the convict-appellant. Moreover, through a separate sentencing order of 16.01.2020, the learned trial Judge concerned imposed, upon, the convict- appellant both sentence(s) of imprisonment as well as sentence(s) of fine, but in the hereinafter extracted manner.

"5. The convict has been proved to have committed murder of a young boy without any provocation on his part. The convict is, thus, sentenced to undergo Rigorous Imprisonment for life and to pay fine of Rs.25,000/- for the commission of offence punishable under Section 302 IPC. In default of payment of fine, he shall further undergo Simple Imprisonment for a period of two years."

1. Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari for setting aside the impugned order dated 14.10.2024, whereby the election(s) for the post of Sarpanch of Gram Panchayat Pona, Cluster No.4, Block Jagraon, District Ludhiana, has been cancelled just few hours before the start of polling, thus inter alia on the ground, that the same is illegal, arbitrary and against the principles of natural justice, as the petitioner has been condemned unheard, besides is beyond jurisdiction. The petitioner further seeks the making of a mandamus, thus directing the official respondents to immediately hold the elections for the post of Sarpanch of Gram Panchayat Pona, Cluster No.4, Block Jagraon, District 1 of 21 Neutral Citation No:=2024:PHHC:146136-DB Ludhiana, between the candidates (i.e. the petitioner and respondent No.8) whose nomination papers were validly accepted and to whom election symbols were allotted by the Returning Officer.

1. Since both the above appeals arise from a common verdict, made by the learned trial Judge concerned, hence both the appeals (supra) are amenable for a common verdict being made thereons.

2. Both the appeals (supra) are directed against the impugned verdict, as made on 20.09.2022, upon Sessions Case No.74 of 15.02.2018, by the learned Additional Sessions Judge, Ludhiana, wherethrough in 1 of 28 Neutral Citation No:=2024:PHHC:145851-DB CRA-D-1106-2022 AND CRA-D-62-2023 (O&M) -2- respect of charges drawn against the accused qua offences punishable under Sections 302/34 of the IPC, thus the learned trial Judge concerned, proceeded to record a finding of conviction against appellants-convicts. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced the appellants-convicts in the hereinafter extracted manner:

Date : 11-11-2024 In the instant petition, petitioner has prayed for the following relief(s):-

1. For issuance of writ/writs, order/orders and direction/directions to the Respondents authorities in the nature of Mandamus/Prohibition for not declaring the land as the forest land of the petitioner of Mauza- Targachha of Khata No. Khesra No. 1 of Thana No. 517 of Area 27 acres 61 decimal of District- Banka which belongs to the petitioner upon which, this petitioner planted the trees and cultivated the land twice a year.

Date : 12-11-2024 In the instant petition, petitioner has prayed for the following relief(s):-

(i) For issuance of the appropriate writ/writs, order/orders or direction/directions to the respondent authorities to upload the revenue details of the piece of the Land situated under Mauja- Katari, Thana No.182, Khata No.297, Plot No.189, Area 74 decimal on the Website of the Revenue Department, Government of Bihar and issue online Revenue Receipts with regard to aforesaid Land in favour of petitioner.

as contained in Memo No. 274 passed by the learned District Magistrate, Nawada to the extent, whereby the claim of the petitioner for his regularization has been turned down.

3. Learned Advocate for the petitioner contended that the petitioner has been working as daily wager against Class-IV Patna High Court CWJC No.2171 of 2019 dt.11-11-2024 post since long. Despite his continuous services for a long period, when his claim has not been considered for regularization, he moved before this Court in C.W.J.C. No. 15428 of 2010. The learned Court having considered the grievance of the petitioner has disposed off the writ petition with a direction to the petitioner to file a representation before the respondent no. 2, the District Magistrate, Nawada, to consider the claim of the petitioner and pass a reasoned and speaking order. Pursuant to the aforenoted direction, the petitioner filed a detailed representation. However, the claim of the petitioner has turned down by Annexure-5 to the writ petition, which is put to challenge.

Date : 11-11-2024 In the instant petition, petitioner has prayed for the following relief(s):-

For issuance of writ/writs, order/orders, direction/directions directing the respondent concerned to pay the compensation of the land/house of the petitioner which has been acquired for construction of Babura-Doriganj approach road and bridge as per the rate prescribed in the year 2014 as well as the rate prescribed for commercial buildings.

2. Learned counsel for the petitioner submits that 12 decimal land of petitioner bearing Khata No. 2623, Khesra No. 1916 and 1918 was acquired by the State Government vide Land Acquisition Case No. 01/12-13 for construction of Babura- Patna High Court CWJC No.4465 of 2018 dt.11-11-2024 Doriganj approach road and bridge. Learned counsel further submits that the respondent authorities have paid compensation to the petitioner in the year 2017 as per the rate fixed in the year 2012 though in the year 2014 new rate has been fixed by the competent authority and hence, the petitioner is entitled for compensation as per rate fixed in the year 2014 as well as the rate prescribed for commercial buildings. It is submitted that in spite of several requests made by petitioner, the concerned respondent authority has not paid the enhanced compensation.

which was notified by the Bihar Government vide letter No. 14/DLA-Margdarshal- LA Act (Bharat Sarkar)-238/2013-1342 dated 14.12.2015 in the light of Section 24 (i) (a) of the Provision of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 for payment of compensation to the petitioners in the light of Market value of the land on 01.01.2014.

(iii) For any other relief/reliefs for which the petitioners are entitled under the law in the light of fact and circumstances of the case in the interest of justice.

and submitted an inspection report on 11.05.2024.

3. The learned counsel for the petitioner has submitted that in paragraph no. 9 of the inspection report dated 11.05.2024, the only allegation, which has been made, is regarding enhancement of charges in respect of hajri form disproportionately and Patna High Court CWJC No.10426 of 2024 dt.12-11-2024 discontinuance of the share of Advocates and Advocate clerks in the same, resulting in resentment in the Bar, apart from some allegations being made in the said report regarding functioning of the Committee during the period 2022 to 2024, for which the petitioner is not responsible, inasmuch as his financial power had been seized vide letter dated 19.07.2023.

Date : 11-11-2024 In the instant petition, petitioner has prayed for the following relief(s):-

That, this is an application for issuance of an appropriate writ or writs setting aside the order dated 11.08.2017 passed by the Deputy Collector, Land Reforms, of 2015-16 (wrongly mentioned as 2005) by which he has allowed the appeal preferred by respondent 2nd set against the order dated 10.04.2015 passed by the Anchal Adhikari, Jehanabad in Misc. Case No. 08 of 2015-16 by which he has allowed the claim of the petitioners for collection of rent after entering their name in Jamabandi to the land in question and/or to grant any other relief/reliefs for which the petitioner is legally entitled in the facts and circumstances of the case.

. It is submitted that the moment the petitioner realized that his matriculation certificate records wrong name of his father and the date of birth, accordingly, through proper channel the petitioner approached the authorities of Bihar School Examination Board for getting the matriculation certificate rectified by incorporating the correct name of his father and date of birth. It is further submitted that based on the representation of the petitioner, the matriculation certificate of the petitioner was rectified in the year 1998 and the name of the father of the petitioner was recorded as Ramawatar Roy and the date of birth was recorded as 01.01.1974 as would manifest from the rectified matriculation certificate issued in the year 1998 by the Bihar School Examination Board annexed as Annexure-2 to the writ application.

has held that the writ petition is not maintainable in Patna High Court CWJC No.5157 of 2020 dt.11-11-2024 view of the judgment rendered by this Court in Sidheshwar Prasad (supra) as also the decision of the learned Division Bench of this Court in the case of Rajeshwar Prasad v. The State of Bihar and Others [L.P.A. No. 822 of 2015] and accordingly it was disposed off giving liberty to the petitioner of the said writ petition to file appropriate petition under the Act, 1947. The copy of the said order has also been brought on record as Annexure-E to the supplementary counter affidavit.

6. Dr. Anand, learned counsel for the Corporation also countered the submissions of the learned counsel for the petitioner on the point of merit(s).

, made by the Circle Officer, Baheri, affected families, including the petitioners have though been paid some amount of compensation, however, the same is not in consonance with the guidelines issues by the Principal Patna High Court CWJC No.3081 of 2018 dt.12-11-2024 Secretary, Disaster Management Department, Government of Bihar, Patna, contained in letter dated 26.05.2015, relevant portion whereof is reproduced hereinbelow:-

6. Lastly, it is submitted by the learned counsel Patna High Court CWJC No.3081 of 2018 dt.12-11-2024 appearing for the petitioners that the petitioners are entitled to get compensation @ of Rs. 95,100/- each, in view of the aforesaid guidelines issued by the Disaster Management Department, Government of Bihar, Patna and in light of the report submitted by the Revenue Karmchari dated 12.04.2016.

being done in the light of Bihar Apartment Ownership Act, 2006, it was agreed that the builder shall provide flats of super built up area of 2.25 times of their given land admeasuring area of 2000 sq.ft. i.e. 4500 sq.ft. to each of them along with a parking space for a four-wheeler vehicle with each flat. In view of clause 5 of Development Agreement, a Patna High Court MA No.296 of 2021 dt.12-11-2024 separate supplementary agreement was also executed on the same day between the owners and developers for determination of actual share portion wherein the builder agreed to give three flats each of 1440 sq.ft. as follows:-

1. Ms. K.S. Bora, learned Deputy Advocate General with Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand / respondent.

2. This is an Appeal against conviction. By impugned judgment dated 07.10.2024, passed by learned Fourth Additional Sessions Judge, Haridwar in Session Trial Nos. 38 of 2020 and 39 of 2020titled as 'State vs. Shahrukh', appellant has been convicted for offences punishable under Section 302 of IPC and Sections 4/25 of Arms Act respectively. Under Section 302 of IPC, he has been sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/- and in default of payment of fine, appellant has further been directed to undergo two months' additional imprisonment. Under Section 4/25 of Arms Act, appellant has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- and in default of payment of fine, appellant has further been directed to undergo additional imprisonment for a period of fifteen days. Appellant has filed this Appeal through Jailor, District Jail-Haridwar.

Applicant is in judicial custody in FIR No.673 of 2024, under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act"), Police Station Patelnagar, District Dehradun. She has sought her release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, on 25.10.2024, 50.17 grams smack was allegedly recovered from the possession of the applicant.

4. It is the case of the applicant that the alleged recovered quantity is less than commercial; there is no independent witness; there has been non-compliance of the provisions of the Act; she is not a previous convict.

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1. Ms. K.S. Bora, learned Deputy Advocate General with Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand / respondent.

2. This is an Appeal against conviction. By impugned judgment dated 15.10.2024, passed by learned District & Sessions Judge / Special Judge (POCSO), Champawat in Special Sessions Trial No. 36 of 2024 titled as 'State vs. Mahendra Kumar', appellant has been convicted for offences punishable under Sections 5j(ii), 5(1), 5(n) of Prevention of Children Against Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act') read with Section 376 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and under Sections 5j(ii), 5(1) and 5(n) of POCSO Act read with Section 376 of IPC, he has been sentenced to undergo rigorous imprisonment for a period of twenty- five years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, the appellant has further been directed to undergo two years' additional simple imprisonment. Appellant has filed this Appeal through Superintendent, District Jail-Almora.

Applicant is in judicial custody in FIR No.138 of 2022, under Sections 420, 467, 468, 471, 120-B and 506 IPC, Police Station Rajpur, District Dehradun. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. It is argued by learned counsel for the applicant that co-accused have already been granted bail.

4. This fact is admitted by learned State Counsel.

5. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

6. The bail application is allowed.

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7. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

Mr. A.M. Saklani, Advocate for the revisionist.

The challenge in this revision is made to the following:-

(a) The judgment and order dated 19.12.2023, passed in Criminal Case No.929 of 2021, Devchandra Purshoda Vs. Chardham Construction, by the court of Judicial Magistrate, New Tehri, District Tehri Garhwal ("the case").

Mr. Mukesh Kumar Kaparuwan, Advocate for the petitioner.

2. Mr. Mohit Maulekhi, Brief Holder for the State.

3. The petitioner is a proprietorship firm registered under the provisions of Uttarakhand Goods and Service Tax Act, 2017 (hereinafter to be referred to as 'the Act'). The petitioner is a contractor under the category of work contract and services. The petitioner's company was issued a notice under Section 61 of the Act on 25.10.2023 for scrutiny and assessment of the petitioner's business and the returns submitted by it.

Mr. A.M. Saklani, Advocate for the revisionist.

The challenge in this revision is made to the following:-

(a) The judgment and order dated 19.12.2023, passed in Criminal Case No.930 of 2021, Devchandra Purshoda Vs. Chardham Construction, by the court of Judicial Magistrate, New Tehri, District Tehri Garhwal ("the case").

The applicant is in judicial custody in FIR/Case Crime No.257 of 2023, dated 29.04.2023, under Sections 8/22 of The Narcotic Drugs And Psychotropic Substances Act, 1985 ("the Act"), Police Station Bhagwanpur, District Haridwar. He has sought his release on bail. This is the second bail application of the applicant. His first bail application has been dismissed as withdrawn on 09.01.2024.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, narcotic substances in commercial quantity was allegedly recovered from the applicant on 28.04.2023.

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1. Ms. Neelima Mishra, learned counsel through Legal Aid for the appellant (via V.C.).

2. Mr. Sandeep Sharma, learned Brief Holder for the State.

3. This is an admitted appeal, admitted on 07.03.2024. Now, the Trial Court record has also been received and the paper book is prepared and supplied to the learned counsel for the parties.

5. Heard on bail application.

6. The present appellant- Rohit has been convicted pursuant to the judgment and order dated 30.04.2022, passed by the Special Judge (POCSO)/District and Session Judge, Tehri Garhwal in Special Session Trial No. 10 of 2019, State vs. Rohit and another, whereby the appellant has been convicted and sentenced to undergo 3 years rigorous imprisonment with the fine of Rs. 5,000/- for the offence punishable under Section 363 IPC, 5 years rigorous imprisonment with the fine of Rs. 10,000/- for the offence punishable under Section 366A IPC, 10 years rigorous imprisonment with the fine of Rs. 20,000/- for the offence punishable under Section 376 IPC and 10 years rigorous imprisonment with the fine of Rs. 20,000/- for the offence punishable under Section 5(l)/6 of the POSCO Act. All the sentences shall run concurrently.

1. The present appellant- Dheeraj Singh Kushwaha has been convicted pursuant to the judgment and order dated 10.05.2022, passed by the 2nd Addl. Session Judge, Haldwani Nainital in S.T. No. 27 of 2020, State vs. Dheeraj Singh Kushwaha whereby the appellant has been convicted under Sections 323, 376 read with Section 511, 354(ka)(1), 354 (gha), 506 IPC read with Section 66E and 67 of the I.T. Act and the maximum sentence as awarded by the Trial court is 7 years rigorous imprisonment with the fine of Rs. 50,000/-

1. Mr. Devesh Upreti, learned counsel for the appellant.

2. Ms. Pushpa Bhatt, learned Deputy Advocate General for the State.

3. The instant criminal appeal has been preferred by the appellant - convict against the judgment and order dated 24.10.2024 passed by the Special Judge, NDPS Act, Champawat in Special Sessions Trial No. 49 of 2019 (State Vs. Lakhwinder Singh @ Lakki) whereby appellant has been convicted for the offence punishable under Section 8/21 (b) of the NDPS Act with a sentence of one year rigorous imprisonment and fine of Rs. 20,000/- and in case of default of payment of fine, to undergo additional imprisonment of three month.

The applicant is in judicial custody in S.T. No.32 of 202 in connection with FIR/Case Crime No.139 of 2022, dated 21.07.2022, under Sections 302, 201, 304- B IPC, Police Station Kotwali Pithoragarh, District Pithoragarh. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, the deceased was married to the applicant 5 years prior to lodging of the FIR. They were blessed with a daughter. The deceased was staying in her mother's house along with her daughter. The FIR records that on 20.07.2022, at about 01:00 PM, the applicant took the deceased along with her daughter with him. At 02:30 PM on that date he informed the son of the informant that the deceased would return by evening. When the deceased did not return, next morning at 07:00 AM, the applicant was telephoned by the informant, but the applicant told that the deceased had returned on the previous evening. On the same day, the dead body of the deceased was found.