Issue notice of this application to the respondents. Mr. Amit Gupta, AAG accepts notice.

2 WP(C) PIL NO. 41/2019 Let a copy of this application be sent to Mr. Amit Gupta, AAG by Mrs. Deepika Mahajan, Advocate, who shall seek instructions that immediate steps are taken to ensure food and all facilities to these survival of natural calamity.

Let a copy of this application be also furnished to Mr. M. K. Sharma, Member Secretary, State Legal Services Authority, Jammu and Ms. Sandeep Kour, Secretary, District Legal Services Authority, Udhampur to ensure that these people are given immediate assistance.

Dismissed as withdrawn.

(RAJESH BINDAL) JUDGE Jammu 30.04.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.04.30 13:09 I attest to the accuracy and integrity of this document

For the reasons stated in the application, the same is allowed.

Main petition is taken on Board and is permitted to be withdrawn.

(RAJESH BINDAL) JUDGE Jammu 30.04.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.04.30 13:09 I attest to the accuracy and integrity of this document

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 12:20 I am approving this document

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

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 12:20 I am approving this document

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

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

The prayer is allowed. The date of hearing in the main petition is preponed from 13.08.2020 to 05.05.2020. The same is taken on Board and is permitted to be withdrawn.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

When this case was taken up for consideration, learned counsel for the petitioner submits that during the pendency of these petitions, the petitioner has been retired on superannuation, therefore, these petitions have been Page 2 of 2 SWP No.34/2017 in SWP No. 893/2017 rendered infructuous and may be dismissed as such. His statement is taken on record.

Accordingly, these petitions are dismissed as having been rendered infructuous along with connected CM(s).

Interim direction, if any, shall stand vacated.

" CERTIORARI: quashing the letter No.ENT/DCS/2014/2010- 215 dated 17.11.2014 whereby the District Election Officer (Deputy Commissioner), Samba (respondent No.2) has provided respondent No.3, the list of employees of the office of respondent No.3 who have been deployed for election duties and called for training as per the schedule mentioned against each".

2. Since the Legislative Assembly Elections, 2014 in the State of Jammu & Kashmir are already over, therefore, this petition with the afflux of time has been rendered infructuous.

Ms. Manisha Rana Singh, learned A.G.A. for the State.

Learned counsel for the State prays for and is granted two weeks' time to file counter affidavit.

List the matter on 26.05.2020. Exemption applicant stands disposed of.

(R.C. Khulbe, J.) 06.05.2020 Sukhbant

Urgency application and Exemption application, to exempt the applicant from filing the affidavit in support of the urgency application and to exempt the applicant from depositing court fees, are filed by the applicant during COVID-19, pandemic lockdown.

The urgency application and the exemption application are not opposed by the State.

The urgency application is allowed accordingly. The exemption application is accepted with the condition that directions of the Notification No. 86/UHC/Admin.B/2020 dated 11.04.2020 and Notification No. 89/UHC/Admin.B/2020 dated 18.04.2020 of this High Court will be followed by the applicant.

The learned Government Advocate requests two weeks' time to file counter affidavit.

Ms. Manisha Rana Singh, learned A.G.A. for the State.

Learned counsel for the State prays for and is granted three weeks' time to file counter affidavit.

List the matter on 27.05.2020. Exemption applicant stands disposed of.

(R.C. Khulbe, J.) 06.05.2020 Sukhbant

Mr. J.S. Virk, AGA, for the State. Urgency application (IA 4734 of 2020) is allowed.

Let the affidavit of the pairiokar be filed and the court fee be deposited within three days of the opening of the lockdown. Exemption application (CRMA 1160/2020) stands disposed of accordingly.

Heard on the bail application. Having been implicated in the Case Crime/FIR No. 20 of 2019, under Sections 420 and 120-B of the IPC and Section 66 of the Information Technology Act, PS Cyber Crime, District Dehradun, the applicant is in jail.

Learned Counsel for the applicant would contend that the applicant has been falsely implicated merely on the basis of doubt; applicant was not named in the FIR; two FIRs have been registered on the same cause of action and the appellant has been granted bail in the main case and there is no other pending case against the applicant except these two and he is in jail since 23.9.2019.

Ms. Manisha Rana Singh, learned A.G.A. for the State.

At the request of learned counsel for the State, list the matter on 14.05.2020. In the meantime, learned counsel for the State may file objections. (R.C. Khulbe, J.) 06.05.2020 Sukhbant

Ms. Manisha Rana Singh, learned A.G.A. for the State.

Learned counsel for the State prays for and is granted two weeks' time to file counter affidavit.

List the matter on 21.05.2020. Exemption applicant stands disposed of.

(R.C. Khulbe, J.) 06.05.2020 Sukhbant

Mr. G.S. Sandhu, learned Government Advocate for the respondent State.

Exemption Application no. 1143 of 2020 is allowed.

Heard.

Admit the appeal.

Summon the lower court record. Also heard on bail application no. 1114 of 2020.

Applicant-appellant Ankush has been convicted under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act and was directed to undergo rigorous imprisonment for a period of three years along with a fine of Rs. 5,000/-.

Learned counsel for the appellant would submit that the learned trial court has passed the impugned judgment and order without proper appraisal of evidence and has convicted the appellant on the basis of conjectures and surmises.

List after ten days. (N.S. Dhanik, J.) 06.5.2020 Prabedh

Mr. M.S. Pal, Senior Advocate with Mr. Aamir Malik, Advocate for the appellant.

Mr. G.S. Sandhu, Government Advocate with Mr. J.S. Virk, AGA for the State.

This is an appeal against conviction, where the appellant has been convicted under Section 302 of IPC and has been sentenced to undergo life imprisonment with a fine of Rs. 20,000/-(Rupees Twenty Thousand only).

This is a belated appeal. The delay is of 47 days in filing the appeal, however, it is accompanied with a delay condonation application.

The main reason assigned for the delay is that the appellant could not move a proper appeal within time due to present COVID-19 pandemic.

Learned Government Advocate has very fairly stated that he has no objection if the delay in filing the appeal is condoned.

Mr. J.S. Virk, AGA, for the State. Urgency application (IA 4709/2020) is allowed.

Let the affidavit of the pairiokar be filed and the court fee be deposited within three days of the opening of the lockdown. Exemption application (CRMA 1111/2020) stands disposed of accordingly.

Heard on the bail application (CRMA 954/2020).

Learned Counsel for the applicants would contend that the maximum sentence awarded to appellants is to undergo imprisonment for five years; appellant no. 2 is seriously ill and on account of prevailing Covid-19 pandemic, there is possibility of the appellants contracting the said disease; appellants were on bail during trial and they did not misuse the liberty and they are in jail since 5.3.2020.

Ms. Manisha Rana Singh, learned A.G.A. for the State of Uttarakhand.

Mr. Karan Anand, learned Counsel for the complainant.

Time extension application has been moved on behalf of the accused.

From the perusal of the order dated 07.01.2020, a short term bail for a period of three months commencing from the date of his actual release was granted to the accused by this Court in connection with Crime No.387 of 2019, u/s 420, 406, 504, 506, 323 IPC and Sections 4/5 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978, Registered at P.S. Kotwal, District Dehradun.

From the perusal of the order dated 07.01.2020, it is clear that three months time has been completed, but the accused did not file any time extension application before the expiry of three months, hence the accused is directed to surrender himself before the Magistrate on 11.05.2020 at 10:30AM.

Mr. Pratiroop Pandey, AGA for the State. This matter is heard through Video Conferencing.

Learned counsel for the State prays for and is granted three weeks' time to file counter affidavit. List thereafter.

(Ravindra Maithani, J.) 06.05.2020 Jitendra

The applicants Mohd. Shfique and Nadeem, who are in custody, in connection with FIR No. 43 of 2020, under Sections3/5/11(1) of Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Pulbhatta, District Udham Singh Nagar have sought their release on bail.

As per the prosecution, on 07.03.2020, 80 Kg. beef was recovered from the custody of the applicants. Applicants Mohd. Shfique and Nadeem were arrested at the spot.

Learned counsel for the applicants would submit that the FIR is delayed; there is no public witness and no FSL report. It is argued that applicants have no criminal history.

Learned State Counsel also admits that there is no criminal history of the applicants.

Mr. Pratiroop Pandey, AGA for the State. This matter is heard through Video Conferencing.

The applicant Pawan, who is in custody, in connection with Case Crime No. 249 of 2019, under Section 380, 411, 34 of IPC, Police Station Bahadrabad, District Haridwar has sought his release on bail.

It is argued that co-accused Amit @ Romi has been granted bail, who has a similar role.

Learned counsel for the State would admit that the co-accused, whose role is similar, has been granted bail.

Having considered all the facts and circumstances of the case, this Court is of the view that it is a fit case for bail.

The bail application is allowed. Let the applicant, namely, Pawan, be released on bail, on his executing a personal bond and furnishing two sureties, each of the like amount to the satisfaction of the court concerned.

This first bail application has been filed for regular bail in connection with the F.I.R. No. 3 of 2020, registered with the Police Station Mukhteshwar, District Nainital for the offence punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as, "the Act, 1985").

Facts, to the limited extent necessary, are that an F.I.R. was lodged on 19.02.2020 by S.O. Kuldeep Singh that while he was on daily routine duty along with other police personals in order to maintain law & order, an information was received that a person was coming with illicit Charas. The informant informed the Circle Officer of the Police. After that, the applicant came there. He was searched in the presence of the Circle Officer. On search, 750 grams Charas was recovered from his jacket.

The exemption application, to exempt the applicant from filing the affidavit, has been filed by the applicant during COVID-19, pandemic lockdown with short term bail application.

The exemption application is not opposed by the State.

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

The regular bail application no. 546 of 2020 is pending before this Court.

The applicant is in custody since 10.02.2020 in connection with the F.I.R. No. 1 of 2020, registered with the Police Station Baijnath, District Bageshwar, for the offences punishable under Sections 306 and 498-A of the I.P.C.

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

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

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

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

2. Applicant Neeraj, who is in judicial custody, in Case Crime No. 107 of 2019, under Section 323, 504, 506, 354(D) and 376 IPC and Section 3(a) read with 4 of Protection of Children From Sexual Offences Act, 2012, Police Station Ganganahar, District Haridwar, has sought his release on bail.

3. Prosecution story, briefly stated is that the applicant and the victim were in relationship, but when the victim learnt about the bad habits of the applicant, she severed her relationship. But, the applicant started following her, pressurised her and started threatening her that in case, she would not follow the commands of the applicant, he would make her photographs viral. On 16.01.2019, the applicant telephonically called the victim; threatened her. Under the tremendous threat extended by the applicant, when the victim reached at the designated place, the applicant took her in a hotel, there the victim met two more boys, who guarded the room. There in the hotel, the applicant raped the victim; took her photographs and threatened her of dire consequences, if she reveals this incident to anyone. The boys, who were in the hotel with the applicant, started molesting her. Even the applicant made the photographs 2 viral. The FIR of the incident was lodged on 08.03.2019. It is this FIR, in which, after investigation, charge sheet has been submitted.

This first bail application has been filed for regular bail in connection with the Case Crime No. 270 of 2018, registered with the Police Station Kotwali Manglour, District Haridwar for the offences punishable under Sections 420, 323, 504 & 307 of the I.P.C.

On 04.05.2018, the informant lodged an F.I.R. alleging that about two years ago, he came in contact with the present applicant and co-accused Dinesh. They told him that they were in business of sale- purchase of Diamonds through their company "J.J. Company" at Delhi. On instigation, the informant gave money time to time to the accused persons. He gave total Rs. 60,60,000/- to the co-accused persons. They assured to return the money, however, even after two years, his money has not been returned. On 01.03.2018, the informant pressurized the accused persons to return his money, on which, the informant was being called on 03.05.2018 at Ulhera Bagh, where the applicant and co-accused persons abused and threatened him, the present applicant assaulted him through a Balkati and other co-accused persons assaulted with kicks and fists.

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

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

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

2

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

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

2

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

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

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

Appearance:

Mr. Snehashis Sen, Adv.

...for the petitioner.

The Court : At the instance of the petitioner the matter is appearing today under the heading "To Be Mentioned" for correction of a typographical error crept in the order dated March 11, 2020. By the said order this Court disposed of the application, AP No.49 of 2020.

Let the amount of money mentioned in the third line at the fourth page of the said order dated March 11, 2020 be corrected as Rs.9.8 crore in place and stead of Rs.9.2 crore.

Appearance :

Smt. Jayabati Barick, in person The Court :- Perused the report filed by the Registrar, Original Side of this Court dated 18th March, 2020. It appears from the said report to which a report of the Department of Ophthalmology, IPGME&R-SSKM Hospital, filed in terms of the order dated 12th February, 2020 passed by this Court is enclosed that Nader Chand Barik is having hundred per cent blindness as per Government of India Norms.

It further appears from the Registrar's report that save and except the deposition, all cause papers in the TS 17 of 2017 and TS 1 of 2012 are available. The report further reveals that the Assistant Registrar, Testamentary Department has prayed for passing necessary direction upon various Record 2 Section of the Original Side i.e. Current Record Department, Old Record Department, New building Record (NBR) Department and Central Record Room at Khidderpore to make extensive searches to trace out the original deposition in the aforesaid suit. In my opinion, though specific direction is not required on each of the record sections for searching the record in the said departments as prayed for by the Assistant Registrar, Testamentary Department as indicated in the said report but by way of abundant precaution I pass direction upon the Registrar, Original Side as also Assistant Registrar, Testamentary Department to look for the deposition in the two suits being TS 17 of 2017 and TS 1 of 2012 in all possible places where records are either temporarily or permanently stored and/or kept in this Court premises or outside.

Appearance:

Mr. Subhendu Parui appears in person The Court: Mr. Subhendu Parui appears in person. None appears for the State. The matter is fixed for hearing on 26th March, 2020 at 10.30am. The petitioner, who appears in person, is requested to serve a copy of this order to the Government Pleader.

Ld. Government Pleader is requested to appear in this matter on 26th March, 2020 at 10.30am.

(RAJARSHI BHARADWAJ, J.) R.Bhar

Appearance:

Mr. Laxmi Pat Surana, ...petitioner in person The Court: The petitioner is present in Court. He requests for a date on which the matter may be taken up.

List this matter on 1st April, 2020.

(MOUSHUMI BHATTACHARYA, J.) Sbghosh

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.

... for the respondent.

The applicant is the respondent in an appeal against a money decree. The applicant apprehends that during the pendency of the appeal, the appellant may dispose of its assets or alienate the same.

Since the operation of the decree has not been stayed, it is open to the respondent to levy execution and seek the necessary protection. The injunction sought would not fall within the scope of this appeal.

(SANJIB BANERJEE, J.) (I. P. MUKERJI, J.) SG

(Through Video Conference) Ms. Banashree Neogi (in person) ...plaintiff no.1 Mr. Megnath Datta, Adv.

...for added defendant no.3 The Court : The plaintiff no.1 appears in person on video conferencing. The added defendant no.3 is represented by Mr. Megnath Datta, Advocate via video conferencing.

It is the allegation of the appearing plaintiff that the principal property involved in this partition and administration suit is under serious threat and trespassers are seeking to enter upon the same. Such position is denied on behalf of the appearing defendant. 2

To the mind of this Court, the Bank is only to perform a ministerial task subject to directions in the application. To the further mind of this Court, it would be appropriate that the Intending Purchaser who also stands to be affected qua its liquidify position arising out of the present crisis be given the opportunity to ventilate views before the Hon'ble Court as early as possible.

On the other hand, the present crisis also affects the functioning of the Free School which is claimed to be surviving on the interest earned out of the said Fixed Deposits paid by the Intending Purchaser, as well as the ability of the Trustees to quickly find a new purchaser. Therefore, having regard to the interests of all under the present conditions of a pandemic as well as the balance of convenience, it is directed for the present that the Intending Purchaser shall not insist on the Refund of the Fixed Deposits/Consideration Money till normalcy returns. The Intending Purchaser shall, on the return of normalcy, write to the Learned Receiver invoking the Refund. On receipt of such 4 communication the Learned Receiver shall take apropo steps, including seeking a time limit from the appropriate Court.