al Fifteen Royal Caribbean crew members go on hunger strike until bosses agree to let them go home By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:53:59 GMT The 15 crew members have not eaten since Thursday afternoon, out of desperation and after waiting close to two months out at sea stranded because of COVID-19. Full Article
al Up to 50,000 coronavirus test samples are sent to the US for analysis after 'operational issues' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 01:07:19 GMT Daily coronavirus tests fell the below 100,000 target for a seventh day in a row. Health Secretary Matt Hancock urged Boris Johnson to 'give me a break' in a furious bust-up over the coronavirus crisis. Full Article
al British Airways owner's boss Willie Walsh warns against two week quarantine By www.dailymail.co.uk Published On :: Sun, 10 May 2020 01:23:33 GMT The CEO of International Airlines Group has waded into the row over the UK government's proposals to force travellers arriving into Britain, including UK citizens returning from holiday, into quarantine. Full Article
al Police fire pepper balls at crowd of protesters gathered at site of officer-involved fatal shooting By www.dailymail.co.uk Published On :: Sun, 10 May 2020 02:22:34 GMT Several dozen gathered at the intersection of 62nd Street and Michigan Road in Indianapolis on Saturday, where a police officer fatally shot Dreasjon 'Sean' Reed, 21, on Wednesday. Full Article
al Texas man who lives near El Paso arrested for allegedly making online threat to shoot up a Walmart By www.dailymail.co.uk Published On :: Sun, 10 May 2020 04:29:50 GMT Alex R. Barron, 29, of Horizon City, Texas, was arrested Friday evening after the FBI said it received a tip on Thursday evening about a social media post containing a threat against Walmart. Full Article
al Trump says US will start buying $3billion of agricultural goods from farmers to give to food banks By www.dailymail.co.uk Published On :: Sun, 10 May 2020 04:54:06 GMT President Trump announced the $3billion food buy - part of April's $16billion farmer assistance program - would begin next week, as unemployment continues to soar in the US. Full Article
al Professional baseball pitcher Mary Pratt, of the Rockford Peaches, has died aged 101 By www.dailymail.co.uk Published On :: Sun, 10 May 2020 05:42:15 GMT Mary Pratt (pictured), who played for the All-American Girls Professional Baseball League teams, The Rockford Peaches and Kenosha Comets in the 1940s, died Wednesday. Full Article
al Surfer killed in shark attack in Northern California By www.dailymail.co.uk Published On :: Sun, 10 May 2020 06:54:19 GMT A surfer has been killed in a shark attack off a Northern California beach, state park officials said Saturday. Full Article
al Boris Johnson will tell public to 'stay alert, control the virus and save lives' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:45:58 GMT Boris Johnson is expected to drop the 'stay at home' slogan during a televised address to Britain on Sunday at 7pm in an effort to reopen parts of the economy damaged during the coronavirus crisis. Full Article
al Fire breaks out in Moscow coronavirus hospital killing one By www.dailymail.co.uk Published On :: Sat, 09 May 2020 23:28:19 GMT One person was killed after a fire broke out tonight at a Moscow hospital treating patients infected with the new coronavirus, authorities said. Full Article
al MLB 'considers playing a shortened 80-game season where teams only face regional rivals' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 03:17:26 GMT Major League Baseball appears tentatively set to approve a plan that would call for an 80-game regular season beginning in early July. MLB Commissioner Rob Manfred is seen above. Full Article
al Oprah walks 2.26 miles to mark Ahmaud Arbery's 26th birthday who was gunned down while jogging By www.dailymail.co.uk Published On :: Sun, 10 May 2020 06:57:51 GMT Oprah Winfrey walked 2.26 miles to mark Ahmaud Arbery's 26th birthday. 'I wonder what was he thinking in those last seconds of his life?,' Oprah wrote in the Instagram post. Full Article
al Bill Maher says Democrats should ignore Biden sexual assault accuser Tara Reade's claims By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:30:05 GMT The comedian and political commentator devoted part of Friday's Real Time with Bill Maher monologue to addressing the potential fallout of Reade's claims against the former Vice President. Full Article
al Sh. Jagannath Sharma. vs Himachal Road Transport ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 2. Himachal Road Transport Corporation Mandi Depot through its Regional Manager at Mandi H.P. 3. Himachal Road Transport Corporation Rohru Depot through its Regional Manager at Rohru H.P. 4. Himachal Road Transport Corporation Shimla through its Managing Director at Shimla H.P. (HRTC Head Office)Shimla-III ......Respondents/Opposite parties Coram Hon'ble Justice P.S. Rana (R) President Hon'ble Ms. Sunita Sharma Member Hon'ble Mr. R.K. Verma Member Whether approved for reporting?1 Yes. For Appellant : Mr. Amit Kanwar Advocate. For Respondents : Mr. Dhiraj Kanwar Advocate. JUSTICE P.S. RANA (R) PRESIDENT: Full Article
al Smt. Subbalakshmi Kurada, ... vs Assistant Commissioner Of Income ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ITA No.2493/Bang/2019 Page 2 of 6 2. We heard the parties and perused the record. During the year under consideration, the assessee sold a residential house property for a sum of Rs.12.75 crores on 06-11-2015. She purchased another residential house property on 17-02-2016 for Rs.11.02 crores. The new house property was purchased in the joint name of the assessee and her son Shri Kurada Sagar Chakravarthy. The assessee claimed deduction of Rs.8.47 crores u/s 54 of the Act towards the cost of new residential house property against the long term capital gain arising on sale of original house property. Since the new residential house property has been purchased in the name of assessee and her son, the AO restricted the deduction u/s 54 of the Act to 50%, i.e., he allowed deduction to the extent of Rs.4.23 crores only. The Ld CIT(A) also confirmed the same and hence the assessee has filed this appeal. Full Article
al Bhola Roy @ Nawal Kumar vs The State Of Bihar on 10 April, 2020 By indiankanoon.org Published On :: Fri, 10 Apr 2020 00:00:00 +0530 This application has been filed seeking anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lodipur P.S. Case No. 15 of 2020, registered for the offence punishable under Sections 363 and 366A/34 of the Indian Penal Code. Father of the alleged victim is the informant and it appears from the First Information Report that the contents of the written statement of the informant are based on the information, which he had allegedly gathered from the victim on mobile-phone on 16.01.2020. It is alleged in the First Information Report that the informant's daughter had gone to attend her school on 09.01.2020, where she was studying in Class XII, but she did not return home, thereafter. According to the informant, a co-accused Vidyo Kumar Rai had kidnapped in the informant's daughter and the petitioner and another co- accused had accompanied the main accused. Full Article
al M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 28 April, 2020 By indiankanoon.org Published On :: Tue, 28 Apr 2020 00:00:00 +0530 The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice at the instance of learned counsel for the petitioner. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the BIADA. Learned counsel for the petitioner seeks permission for filing of Interlocutory Application to amend the relief/s as sought for in the writ application, whereby he wants to challenge the order dated 24.04.2020 issued vide Memo No. 1237/D by which the respondent nos. 5 to 7 have rejected the representation of the petitioner made vide Annexure-5 to the writ application. Full Article
al M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 1 May, 2020 By indiankanoon.org Published On :: Fri, 01 May 2020 00:00:00 +0530 Heard learned counsels for the petitioner, the State and the BIADA. The present interlocutory application has been filed seeking amendment in the relief portion i.e. paragraph no. 1 of the writ petition and consequently in paragraph no. 2 and the prayer portion thereof. The amendment sought for in paragraph 2 of the I.A. is as follows: "1(iii) To issue an appropriate writ/order/direction in the nature of Certiorari quashing the order dated 24.04.2020 as contained in memo no. 1237/D dated 24.04.2020 whereby and whereunder the Respondent BIADA has rejected the application dated 22.04.2020 (Anx.-5 )filed by the petitioner Company for issue of lockdown pass; Full Article
al M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 Learned counsels for the petitioner, the State and the BIADA are present. Mr. Yashraj Bardhan, learned counsel for the BIADA submits that the arguing counsel Mr. Lalit Kishore is engaged before D.B.-II, hence the matter be taken up tomorrow at 10.30 A.M. As prayed for, list this matter tomorrow i.e. on 06.05.2020 at 10.30 A.M. under the same heading. (Sudhir Singh, J) Pankaj/Narendra U Full Article
al M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 Learned counsels for the petitioner, the State and the BIADA are present. Mr. Yashraj Bardhan, learned counsel for the BIADA submits that there is a bereavement in the family of the arguing counsel Mr. Lalit Kishore, hence the matter may be passed over for the day. As prayed for, list this matter tomorrow i.e. on 07.05.2020 at 2.15. P.M. under the same heading. (Sudhir Singh, J) Pankaj/Narendra U Full Article
al M/S Naturals Dairy (P) Ltd. vs The State Of Bihar on 7 May, 2020 By indiankanoon.org Published On :: Thu, 07 May 2020 00:00:00 +0530 Heard Mr. Sanjay Singh and Mr. Nikhil Kumar Agrawal for the petitioner, Mr. Lalit Kishore, Senior Counsel and Mr. Yashraj Bardhan for the BIADA and Mr. Vikas Kumar, S.C.-11, for the State. Order is reserved. Learned counsels for the parties seek permission to file a written note of argument by tomorrow. Permission is accorded. Put up this matter on 12.05.2020 at 10.30. A.M. under the heading 'For Orders'. (Sudhir Singh, J) Pankaj/Narendra U Full Article
al Indusind Media & Communications ... vs Allied Infotainment ... on 13 January, 2020 By indiankanoon.org Published On :: Mon, 13 Jan 2020 00:00:00 +0530 2. In the reply filed on behalf of the respondent in January 2014, two main defenses were raised against the claim. Firstly, the respondent pleaded that the channels of the respondent were not placed regularly and due to such irregularity, the respondent suffered loss of revenue and loss in viewership. Secondly, it on claimed that payment had been made regularly as per the agreed terms. In other words, the second defense was that all the lawful outstanding dues have been paid by the respondent and, therefore, the demand is on account of errors in accounts etc. 3. Through a rejoinder filed in February 2014, the petitioner denied the defense of the respondent and some other allegations and pointed out that at no point of time any grievance or notice was communicated to the petitioner about the alleged irregularity in placement. Through the rejoinder an updated statement of accounts in respect of both the channels was brought on record as annexure to show payment made after the filing of the petitioner and also updated claim of interest. On the basis of statement of accounts the rejoinder disclosed that the claimed amount stood reduced and the respondent was liable till 17.01.2014 only for Rs.2,34,11,352/-. Full Article
al Gmr/Hyderabad International ... vs Aera And Ors on 4 March, 2020 By indiankanoon.org Published On :: Wed, 04 Mar 2020 00:00:00 +0530 2. The Appellate Tribunal at the relevant time could not take up the appeals because of vacancies in its composition and therefore, the appellant approached the Hon'ble High Court of Hyderabad through a writ petition bearing WP No.22474/2014 to challenge the impugned Tariff Order dated 24.02.2014 and also to seek its suspension/stay. The High Court issued notices and by an order passed on 26.11.2014 it also directed the Registry to requisition/eall for the records of the present appeal. The Appellate Tribunal was also directed to send the records of this appeal which was accordingly sent within time. It may be noted that the High Court did not transfer the appeal to itself but only requisitioned the records. When the Appellate Tribunal began to function, then in the presence of learned counsel for the appellant, vide order dated 26.11.2015, it held that since the Hon'ble High Court has decided to examine the correctness and validity of the impugned Tariff Order challenged in the present appeal, the appeal has been rendered mfructuous. Full Article
al Delhi International Airport Ltd vs Airport Economic Regulatory ... on 20 March, 2020 By indiankanoon.org Published On :: Fri, 20 Mar 2020 00:00:00 +0530 2. The other appeal (No.7of 2013) has been preferred by Federation of Indian Airlines (FIA) which has challenged the legality etc. of a subsequent Order No.30/2012-13 dated 28.12.2012 issued by AERA in exercise of powers under Section 13(1)(b) of the AERA Act read with Section 22A of the Airports Authority of India Act 1994(AAI Act) to re-determine the amount of DF at IGI Airport, New 4 Delhi. By this order AERA reviewed the earlier DF Order dated 14.11.2011 in a small measure, reduced the rate of DF w.e.f. 01.01.2013 and extended the levy period upto April, 2016 subject to further review. The FIA, it appears, had challenged the earlier DF order dated 14.11.2011 also. Its stand is that levy of DF to bridge the funding gap for IGI Airport is contrary to law and the relevant agreements which cast a duty upon DIAL to arrange for funds for development of the Airport. It is also pleaded that the project cost has been blown-up beyond realistic proportions and AERA has failed to exercise the required level of scrutiny which would have kept the final project cost at a reasonable and permissible level. Full Article
al Jal Jungle Jameen Sangarsh Samiti vs Dilip Buildcon 7 Ors on 26 September, 2014 By indiankanoon.org Published On :: Fri, 26 Sep 2014 00:00:00 +0530 2. We heard the Learned Counsel for the parties. This application was filed by the Applicant in the matter of the grant of the mining lease to the Respondent No.1 for executing the construction work of the road from the Jaora-Piplodha-Jalandharkheda & Piploda - Sailana at the instance of the Respondent No. 8/Madhya Pradesh Road Development Corporation Ltd. (MPRDC). For the aforesaid purpose the Respondent No.1 was granted temporary mining lease in July, 2013 for mining of material i.e. stone/boulder and murrum from the land in Khasra no. 308/1/1/a, village Amba, Tahsil Sailana, District Ratlam. The question raised by the Applicant was looking to the close proximity to the site of the aforesaid mining lease granted to the Respondent No.1, to the Sailana Wildlife Sanctuary famous for the Lesser Floricon bird, commonly known as Kharmour which is reported to be on the verge of near extinction and the aforesaid Sanctuary is one of the few habitats left over for the breeding purpose preferred by this bird, would be extensively disturbed as a result of the mining activity in such close proximity of the Sanctuary as also the fact, as was revealed before the Tribunal during the hearing, that the extent of the area of the Sailana Wildlife Sanctuary was limited to just about 13 sq.km. Full Article
al 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
al Laljee Khangar vs Chairman M.P Seiaa 5 Ors on 30 September, 2014 By indiankanoon.org Published On :: Tue, 30 Sep 2014 00:00:00 +0530 Shri Dharamvir Sharma, Adv. Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member 1. Admit. 2. The grievance of the Applicant is that the Applicant is the land holder of Khasra No. 614 measuring 1.113 hectare in Village Barua, Tehsil Gaurihar, Dist. Chhatarpur, MP and as a result of flooding of river Ken huge amount of sand and muram got deposited on his agriculture field. With a view to cultivate the said land, he intended to remove the aforesaid deposit of sand and muram which would amount to mining operation and as such requiring the grant of EC from SEIAA. However, it was brought to his notice on approaching the authorities of MPSEIAA that under the orders issued in Office Memorandum dated 24.12.2013 by the MoEF, Government of India, no such application could be entertained. Full Article
al M/S. Sri Murugan Dyeing Rep. By Its ... vs The District Environmental ... on 15 October, 2014 By indiankanoon.org Published On :: Wed, 15 Oct 2014 00:00:00 +0530 1. Hon'ble Shri Justice M. Chockalingam, Judicial Member 2. Hon'ble Prof. Dr. R. Nagendran, Expert Member ------------------------------------------------------------------------------------------------ Date: 15th October, 2014 ------------------------------------------------------------------------------------------------ (Hon'ble Shri Justice M. Chockalingam, Judicial Member) These appeals have been filled by appellant herein challenging the order of the 2nd respondent, namely, the Appellant Authority, Tamil Nadu Pollution Control (Appellant Authority) made in Appeal Nos. 37 and 38 of 2013 dated 28.02.2014 whereby the appeals have been dismissed. Full Article
al M/S. Sri Murugan Dyeing Rep. By Its ... vs The District Environmental ... on 15 October, 2014 By indiankanoon.org Published On :: Wed, 15 Oct 2014 00:00:00 +0530 1. Hon'ble Shri Justice M. Chockalingam, Judicial Member 2. Hon'ble Prof. Dr. R. Nagendran, Expert Member ------------------------------------------------------------------------------------------------ Date: 15th October, 2014 ------------------------------------------------------------------------------------------------ (Hon'ble Shri Justice M. Chockalingam, Judicial Member) These appeals have been filled by appellant herein challenging the order of the 2nd respondent, namely, the Appellant Authority, Tamil Nadu Pollution Control (Appellant Authority) made in Appeal Nos. 37 and 38 of 2013 dated 28.02.2014 whereby the appeals have been dismissed. Full Article
al Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
al Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
al Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
al Plasser India Pvt. Ltd vs Harbour Sales Pvt. Ltd. & Others on 5 February, 2020 By indiankanoon.org Published On :: Wed, 05 Feb 2020 00:00:00 +0530 2. The Informant is stated to be a company engaged in manufacture of high performance and highly sophisticated machines for track maintenance, track laying and track renewal. OP-1 is a private limited company incorporated in India and OP-2 is a partnership firm established in India. OP-3, OP-4 and OP- 6 are Chinese companies engaged in developing railway track maintenance machinery. OP-5 is the Indian Railways, a Department of the Government of India. Case No. 45 of 2019 2 3. The Informant states that OP-5 periodically invites tenders for the supply of track maintenance machinery. In this connection, it is averred that OP-5 invited electronic bids for supply of Dynamic Track Stabilizing Machine vide Tender No. 'TM 1709' which inter alia required that 'Manufacturer or their agents may note that an agent can represent or quote on behalf of only one firm in a tender' [Clause 1.4.1 of 'Instructions to Tenderers]. Further, Check List-II of tender document also reiterates the same by stating that 'Manufacturer or their sole selling agents may note that an agent can represent only one firm in a tender and any manufacturer cannot submit more than one offer against a tender through different sole selling agents, or one directly and others through sole selling agents. In such a situation all the offers will be rejected.' Full Article
al Assam Plywood Manufacturers ... vs Assam Petrochemicals Ltd on 6 February, 2020 By indiankanoon.org Published On :: Thu, 06 Feb 2020 00:00:00 +0530 Case No. 34 of 2019 1 2. The Informant is an association of the plywood manufacturers in State of Assam. The OP is a public sector undertaking of Government of Assam established for production of methanol and formalin. 3. As per the Information, formalin is used by plywood units for manufacture of resin, which, in turn, is used as a binding agent in the manufacture of plywoods. The Informant states that formalin is purchased by them from OP, which is the sole unit in North-Eastern India manufacturing the same. The Informant has alleged that the OP is abusing its dominant position by charging a discriminatory price of formalin in State of Assam and State of West Bengal, while it charges Rs. 15,300/- per Metric Tonne ('PMT') in State of Assam, it charges only Rs. 11,000/- PMT in State of West Bengal. Full Article
al Mr. Ambalal V. Patel vs Central Medical Service Society & ... on 10 February, 2020 By indiankanoon.org Published On :: Mon, 10 Feb 2020 00:00:00 +0530 2. Anti TB Department Mr. K. S. Sachdeva, DDG, Room No. 243-A/523 'C' Wing, Nirman Bhawan Opposite Party No. 2 New Delhi 3. RITES India Ltd. MSM Division, RITES Bhawan-II, 4th Floor, Plot No. 144, Sector-44, Gurgaon-122003 Opposite Party No. 3 Haryana CORAM Mr. Ashok Kumar Gupta Chairperson Ms. Sangeeta Verma Member Mr. Bhagwant Singh Bishnoi Member Case No. 02 of 2020 1 Order under Section 26(2) of the Competition Act, 2002 1. The Information in the present case has been filed by Mr. Ambalal V. Patel (hereinafter, the 'Informant') under Section 19(1)(a) of the Competition Act, 2002 (hereinafter, the "Act") against Central Medical Service Society (hereinafter, the 'CMSS/ Opposite Party No. 1 / OP-1'), Anti TB Department (hereinafter, the 'Opposite Party No. 2 / OP-2') and RITES India Ltd (hereinafter, the 'Opposite Party No. 3 / OP-3'), alleging contravention of the provisions of Section 4 of the Act. Hereinafter, OP-1, OP-2 and OP-3 are collectively referred to as 'Opposite Parties / OPs'. Full Article
al Cp Cell, Directorate General ... vs M/S Avr Enterprises & Other on 21 February, 2020 By indiankanoon.org Published On :: Fri, 21 Feb 2020 00:00:00 +0530 Ref. Case No. 05 of 2019 1 2. The Informant in the present case had issued RFP for procurement of Cloth Cotton Pagdi for quantity of 7,42,426 Mtrs and Mattress MK-II (Improved Version), quantity 57,761 (in numbers). The Informant has stated that out of 04 firms which participated, only 03 firms could qualify for opening of commercial bids for Cloth Cotton Pagdi and out of 10 firms only 04 could qualify for opening of commercial bid for mattress. The tender for procurement of Cotton Pagdi was floated on 22.10.2018, and for Mattress was floated on 08.11.2018, respectively. 3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said two firms. As submitted by the Informant, details of the bid are reproduced in the table below: Full Article
al Cp Cell, Directorate General ... vs M/S Ncfd & Others on 21 February, 2020 By indiankanoon.org Published On :: Fri, 21 Feb 2020 00:00:00 +0530 2. The Informant in the present case had floated a Tender No. A/59919/Shirt Khakhi/DGOS/OS-PII/Proc Sec, dated 19.06.2017 for procurement of 1,38,251 Shirt Man's Cellular Cotton 1973 Pattern (Modified) Khaki ("Item"). The Informant has stated that out of 14 firms which participated, only 09 qualified for the opening of their commercial bids. 3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said four firms (Opposite Parties). As submitted by the Informant, details of the bid are reproduced in the table below: Table 1: Details of Bidders S. No Firm Name Rate (in Rs) Status Full Article
al Cp Cell, Directorate General ... vs M/S Avr Enterprises & Other on 21 February, 2020 By indiankanoon.org Published On :: Fri, 21 Feb 2020 00:00:00 +0530 Ref. Case No. 05 of 2019 1 2. The Informant in the present case had issued RFP for procurement of Cloth Cotton Pagdi for quantity of 7,42,426 Mtrs and Mattress MK-II (Improved Version), quantity 57,761 (in numbers). The Informant has stated that out of 04 firms which participated, only 03 firms could qualify for opening of commercial bids for Cloth Cotton Pagdi and out of 10 firms only 04 could qualify for opening of commercial bid for mattress. The tender for procurement of Cotton Pagdi was floated on 22.10.2018, and for Mattress was floated on 08.11.2018, respectively. 3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said two firms. As submitted by the Informant, details of the bid are reproduced in the table below: Full Article
al Cp Cell, Directorate General ... vs M/S Hp State Handicraft & Handloom ... on 21 February, 2020 By indiankanoon.org Published On :: Fri, 21 Feb 2020 00:00:00 +0530 2. The Informant in the present case had floated a Request for Proposal ("RFP") No. A/59876/Durries/ Clo-1/DGOS/OS-PII/Proc Sec dated 15.12.2015 for procurement of 8,18,009 Durries IT OG ("Item"). 3. The Informant averred that 09 firms participated in the said tender including Standard Gram/OP-2 and out of the said 09 firms, only 06 qualified for opening of commercial bids. As stated by the Informant, Standard Gram/OP-2 could not qualify in technical evaluation as the firm was not registered with Association of Corporations and Apex Societies of Handlooms/Khadi Village Industries Commission ("ACASH/KVIC") which was a pre-requisite. It is further stated that while the contract was under progress, Standard Gram/OP-2 merged with Integrated Defence/OP-3. Subsequently, the L1 firm (HP Handicraft/OP-1) sublet the manufacture of the Item to Integrated Defence/OP-3 vide Letter No. HPSHHC:173/10(EM)/Durries/838081 dated 23.03.2018. Full Article
al M/S Venkateswara Agencies vs Kerala Agro Machinery ... on 5 May, 2020 By indiankanoon.org Published On :: Tue, 05 May 2020 00:00:00 +0530 2. As stated in the information, the Informant is running a sole proprietorship by the name of M/s Venkateswara Agencies (earlier known as Rohini Agencies) dealing with agricultural machineries, based in West Godavari District of Andhra Pradesh. The Informant has been the authorised dealer of KAMCO from the year 2006, for which dealership agreement dated 28.09.2006 was entered into between Informant and KAMCO. The scope of the agreement included supplying the products of KAMCO to Case No.38 of 2019 1 the customers in West Godavari, East Godavari, Krishna, Srikakulam and Guntur Districts of the state of Andhra Pradesh. Full Article
al Ved Prakash Tripathi vs Director General Armed Forces ... on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 4. Saransh Biotech Pvt. Ltd Opposite Party No. 4 5. Aarav Pharmaceuticals Opposite Party No. 5 6. Laxmi Pharma Opposite Party No. 6 7. M C Pharma Opposite Party No. 7 8. Maa Ambey Enterprises Opposite Party No. 8 9. Goyal Pharma Opposite Party No. 9 10. MD Medical Store Opposite Party No. 10 CORAM Mr. Ashok Kumar Gupta Chairperson Ms. Sangeeta Verma Member Mr. Bhagwant Singh Bishnoi Member ORDER UNDER SECTION 26(2) OF THE COMPETITION ACT, 2002 Full Article
al Mahrilal 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. 4047/2020. Mahrilal S/o Mohan B/c Joshi Age 55 Years R/o Uttarvada Police Station Badisadri, District Chittorgarh. ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Shreekant Verma (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
al Bharat @ Bhaku @ Balakram vs State Of Rajasthan-State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan-State, Through Pp ----Respondent For Petitioner(s) : None present. For Respondent(s) : None present. HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Defect pointed out by the office is overruled. 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). 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. 185/2019, Police Station Siwana, District Barmer for the offences under Sections 8/15 of the N.D.P.S. Act. Full Article
al Vimal Kumar vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan, 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. Full Article
al Kushalram 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) : Mr. Sanjay Mathur For Respondent(s) : Mr. S.K. Bhati, PP Mr. Mahaveer Bishnoi, for the complainant HON'BLE MR. JUSTICE ARUN BHANSALI Order 08/05/2020 Learned counsel for the parties were heard through video conferencing. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 167/2019, Police Station Khinvsar, District - Nagaur for the offences under Sections 498-A & 304 IPC. Full Article
al Ganesh Lal Joshi vs State on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 S.B. Criminal Miscellaneous Bail Application No. 3665/2020 1. Ganesh Lal Joshi S/o Late Shri Mithu Lal Joshi, Aged About 23 Years, By Caste Jain, R/o Sadar Bazar, Chikarda, Tehsil Dungla, District Chittorgarh. 2. Imak Lal Sain S/o Shri Devi Lal Sain, Aged About 30 Years, R/o Bus Stand Chikarda, Tehsil Dungla, District Chittorgarh. ----Petitioners Versus State, Through P.p. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3666/2020 Full Article
al Udailal @ Uda vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus 1. State Of Rajasthan, Through Secretary of Home Department Jaipur (Raj.) 2. The District Collector, Udaipur 3. The Superintendent, Central Jail, Udaipur ----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati through Video Conferencing For Respondent(s) : Mr.Abhishek Purohit for Mr.Farzand Ali, GA cum AAG through Video Conferencing HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 08/05/2020 This application is filed by the petitioner seeking directions to the respondents for extension of period of first parole granted to him pursuant to order dated 24.4.2020 passed by this Court. Full Article
al Shambhu Lal vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus 1. State Of Rajasthan, Through Secretary Of Home Department Jaipur (Raj.) 2. The District Collector, Udaipur 3. The Superintendent, Central Jail, Udaipur ----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati through Video Conferencing For Respondent(s) : Mr.Abhishek Purohit for Mr.Farzand Ali, GA cum AAG through Video Conferencing HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 08/05/2020 This application is filed by the petitioner seeking directions to the respondents for extension of period of first parole granted to him pursuant to order dated 24.4.2020 passed by this Court. Full Article
al Gautam Lal vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus 1. State Of Rajasthan, Through Secretary Of Home Department Jaipur (Raj.). 2. The District Collector, Jodhpur. 3. The Superintendent, Central Jail Jodhpur. ----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati through Video Conferencing For Respondent(s) : Mr.Abhishek Purohit for Mr.Farzand Ali, GA cum AAG through Video Conferencing HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 08/05/2020 This application is filed by the petitioner seeking directions to the respondents for extension of period of first parole granted to him pursuant to order dated 24.4.2020 passed by this Court. Full Article
al C.V.Rajappan vs State Of Kerala on 30 April, 2020 By indiankanoon.org Published On :: Thu, 30 Apr 2020 00:00:00 +0530 While PW1 was doing patrol duty on 3.6.1999, he got reliable information that one Rajappan (the petitioner) was CRL.R.P.NO.5/07 3 indulging in sale of arrack from his house. Thereupon, the patrol party proceeded to the petitioner's house and on searching the house found 13 bottles hidden inside the kitchen, of which 11 bottles were of 1.5 ltrs and 2 bottles of 750 ml capacity. The contents of the bottle were examined by smelling and tasting and was identified to be arrack. The petitioner, who was present in the house was arrested and the contraband seized. From among the 13 bottles, sample was drawn from one bottle of 750 ML capacity. Thereafter the sample bottle as well as the 13 bottles containing the contraband were sealed in the presence of the petitioner and two independent witnesses. The requisite formalities like, filing of occurrence report, production of accused and seized articles along with sample before the jurisdictional Magistrate were complied without delay. Further investigation of the case was conducted by PW 5, who after completion of investigation filed charge sheet against the petitioner for commission of the offence under Section 8(1) of the Abkari Act. Full Article