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.

---Petitioner Versus State, Through P.P

----Respondent For Petitioner(s) : Mr. Pankaj Gupta, through video call For Respondent(s) : Mr. Anil Joshi-PP, through video call 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.

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.

1. The question arises in the appeal for our consideration is as to whether the decree passed on a compromise can be challenged by the stranger to the proceedings in a separate suit.

2. The seminal facts which are relevant for the present purpose and the circumstances in which it arises for our consideration are Signature Not Verified Digitally signed by DEEPAK SINGH that the appellant­plaintiff filed suit before 4 th sub­judge, Chapra Date: 2020.05.06 16:03:14 IST Reason:

seeking a declaration that the compromise decree dated 15 th 1 September, 1994 passed in Second Appeal No. 495/86 by the High Court is illegal, inoperative and obtained by fraud and misrepresentation and also prayed for injunction against the respondents­defendants restraining them from entering into peaceful possession of the suit property.

1. Leave granted.

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

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

1 For short, “the High Court” 2

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

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

3. Learned counsel for the applicant has not appeared.

Page No.# 2/2

4. List on 11.05.2020.

5. It is made clear that in case counsel for the applicant does not appear on the next date of listing, the case is likely to be decided on the basis of available record and on hearing the learned counsel for the prosecution.

6. Learned counsel for the applicant be informed accordingly telephonically.

7. Let copy of this order be provided under the signature of the Court Master.

1. "Whether Mr. Maghesh Kumar Singh was posted by NTPC Ltd to Meja Urja Nigam Pvt. Ltd at Corporate office, Allahabad and site office Meja.

2. Whether he suffered a finger crush injury on 26-10-2013 while living in Meja Srijan Vihar Township. If yes, name of the hospital he was admitted to and surgery performed may be furnished.

3. Whether he filed a personal accident claim form in this regard. If yes; the amount for which it was sanctioned and the payment transaction details may kindly be furnished.

Page 1 of 8

4. If the above mentioned claim remains pending since 2013, reason for the same may be intimated. If any official found negligent, the action taken against him may also be intimated."

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2. The petitioners were appointed as Associate professors in the Department of Surgery of the 2nd respondent. They have completed their Masters degree in their respective subjects and were recruited by the 2nd respondent in the year 2005. Subsequently, the 2nd respondent issued a notification on 10.07.2008 calling for applications for appointment of Associate Professors. The educational qualification for the said post as per notification are as under :

"5. EDUCATION QUALIFICATION :- For the post of Associate Professor :-

1.He/She must possess requisite recognized :4: Post graduate qualification in the respective subject.

2. Respondents No.1 to 4 are the State and the statutory authorities who are empowered to and authorized to sanction layouts including private layouts and vested with the obligation to ensure that the said layouts are formed and administered in accordance with the WP Nos.67289-291 OF 2010 5 applicable laws including the Karnataka Town and Country Planning Act, 1961 ('KTCP Act' for short), as also Karnataka Urban Development Act.

3. The concerned plots and/or the layout fall within the purview and jurisdiction of Hubli-Dharwad Urban Development Authority ('HDUDA' for short). The said Authority coming within the purview of KTCP Act.

2. Petitioner claims to be appointed as a Lecturer in Urdu in the 8th respondent Institution viz., Nehru Arts, Science and Commerce Degree College, Ghantikeri, on fulltime basis and has been working therein for nearly ten years. The petitioner claims to have passed M.A. in Urdu and has worked as Guest Lecturer for 3 years in P.G.Department of Urdu and Persian, Karnataka University, Dharward; 6 years as an Academic Counsellor in MANUU; and 3 years as a Lecturer in Political Science in Anjuman Women's College, Hubli. He claims that he has been working from the year 1998 with 8th respondent, from the year 1998 till 2002 worked as Part-time Lecturer and from 2002 on fulltime basis.

2. One Mr.Ganapati had filed a complaint, which was registered by Gokarna P.S. Crime No.27/2010, upon investigation the Investigating Officer of Kumata P.S. had presented a charge sheet on 25.07.2011. Thereafter, the :4: investigation was continued and an additional charge sheet was filed on 28.07.2012 for the aforesaid offences.

3. Accused Nos.1 to 12, who stood trial before JMFC Court had filed an application under Section 239 of Cr.P.C. seeking for discharge in the said proceedings. The application was opposed by the prosecution. The JMFC after hearing both parties by order dated 28.11.2014 dismissed the application filed by the accused.

2. The case of the prosecution as stated in the charge sheet is that every year Rajiv Gandhi University of Health Sciences (RGUHS) conducts entrance exam for Post Graduation studies in different disciplines of medical and dental sciences, which examination is held at different centres, one such centre in the year 2011 was designated to be that of Vijayanagar Institute of Medical Sciences (VIMS).

CRL.P. No.102200 OF 2019 :4:

3. It is the case of the prosecution that accused No.1 Dr.Vinaya Prasanna was serving in the teaching line in VIMS had allegedly conspired with others to adopt malpractices to help certain candidates to get better results. On the date of examination, i.e. 30.01.2011 accused No.1 illegally opened the question paper in his custody, took photographs of the question paper using his digital camera, sent the digital camera through accused No.1 to accused No.17, accused No.27 who was allegedly a computer operator took a print out of the question paper from the digital camera by connecting it to the computer present in the residence of accused No.17. On that basis, accused Nos.6 to 15 prepared answers to the questions, entered the said answers in the same computer and copy chits in the form of print outs were prepared in respect of the question paper. Accused No.7, in turn, CRL.P. No.102200 OF 2019 :5: handed the chits back to accused No.1, who circulated them to selected students viz., accused Nos.16 to 26, who copied the answers from the chits and managed to get high rank in the examination.

Heard the learned counsel for the petitioners and the learned HCGP.

2. The case of the prosecution is that while the first informant/Police Officer attached to the respondent-police station along with other officials were on patrolling duty near a ware house situated close to Pratibha School at about 3.00 a.m., on 13.03.2020, they found these petitioners along with four others preparing to commit decoity. The petitioners were apprehended and a case was registered in Crime No.18/2020 of Roza police station for the offence punishable under Sections 399 and 402 of IPC.

3. The learned counsel for the petitioners submits that a false case has been foisted against the petitioners and 3 they are not involved in any such offence much less the one now alleged against them. He submits that the petitioners are eking out their livelihood by driving the auto and also by doing coolie work. He submits that the petitioners are arrested on 13.03.2020 and since then they are in judicial custody and by imposing any conditions, they may be enlarged on bail.

2. The petitioner is seeking anticipatory bail in connection with Crime No.76/2020 of Channapattana Police Station registered for the offences punishable under Sections 506, 324, 353, 504 read with Section 34 of IPC.

3. The case of the prosecution is that on 04.04.2020, while the police constable attached to Maddur police station was on duty at Nidaghatta Check Post, one white colour Innova car came to the checkpost and when the first informant and others started inspecting the vehicle, the driver of the said vehicle started hurling abusive words, snatched the lathi from the first informant and assaulted him with the said lathi on his hands and threatened to run over the vehicle and thereafter went towards Mysore. 3

2. The petitioner is seeking bail under Section 438 of Cr.P.C. in connection with Crime No.64/2020 of Savanur Police Station registered for the offence punishable under Section 3 of Epidemic Diseases Act, 1897, Section 51 of the Disaster Management Act, 2005 and Sections 269, 188, 149, 143, 353, 323 of IPC, pending on the file of the Hon'ble Civil Judge and JMFC Court, Savanur in PC No.11/2020.

3. The complainant is the Tahsildar, Savanur. It is alleged that when the complainant along with his staff were on rounds within the Savanur Town to confirm and verify the compliance of Government Order of prohibition of public assembly in view of pandemic wreaking havoc, they received an information that some people have 3 gathered to offer Friday prayer at Jamma Masjid situated at Shukravarapete. The complainant along with the PSI and staff went to the spot and enquired the people gathered there and reminded them of the Government Order of prohibition of more than five members assembling at a place. It is alleged that the people gathered there started pushing and obstructing them from discharging their duty.

2. The petitioner has preferred this petition under Section 438 of Cr.P.C. to enlarge him on anticipatory bail in connection with Crime No.22/2019 of Marikuppam Police Station. After investigation, charge sheet has been filed against five accused persons for the offence punishable under Sections 143, 144, 147, 148, 307, 323, 324, 341, 504, 506 R/W SEC. 149 of IPC.

3. It is the case of the prosecution that on 25.06.2018 there was a quarrel between the victim namely Rahul and one Karthik, who is arraigned as accused No.2 in the charge sheet. In the said quarrel, the said Karthik suffered bleeding injuries and in this regard, a case was registered in Marikuppam police station against Rahul and 3 his friends. Since then, there was enmity between Rahul and Karthik. It is the further case of the prosecution that on 14.09.2019 at about 9.45 p.m., Karthik along with other accused persons having formed an unlawful assembly, assaulted Rahul with deadly weapons and caused bleeding injuries to him.

This petition is heard through video conference.

2. The petitioner is seeking regular bail in connection with Crime No.69/2020 of Bandepalya P.S., (Electronic City Sub Division) registered for the offences punishable under Sections 376(2)(k), 376(2)(O), 420, 506 of IPC.

3. The learned counsel for the petitioner submits that in view of the lockdown, he approached the Sessions Court by filing a petition through e-mail. However, the learned Sessions Judge has not taken up the matter on the ground that extreme urgency is not made out. Hence, the learned counsel seeks to enlarge the petitioner on bail.

4. The petitioner is in judicial custody since 23.03.2020. It cannot be said that there is no urgency made 3 out. Hence, the jurisdictional Sessions Court is directed to take up the petition and dispose of the petition in accordance with law, as expeditiously as possible.

2. For convenience, the parties are referred to as per their ranking before the trial court.

3. The Plaintiff had filed a suit in O.S.No.22/2008 contending that:

RFA No.4150 OF 2013 -3- 3.1. The Plaintiff was a Class I Contractor registered with the Government of Karnataka, and he had maintained a good and immaculate record. 3.2. The Suit was filed regarding illegal recovery that the 1st Defendant has made from the Plaintiff's bills in respect of the work of Karwar Harbour Project i.e., "Construction of Southern Break Waters" near Karwar Head".

3.3. Government of Karnataka on 20.12.1990 through the Executive Engineer (Ports Division), Karwar invited applications for pre-qualification from eligible Class I Contractors for the work of construction of Break Waters (Rubble Mound Type) at Karwar Port for the work detailed therein.

[2] Heard learned advocate for the applicant and learned APP for the respondent-State by video conferencing.

[3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with C.R.No. 11216004200101 of 2020 registered with Dhaboda Police Station, Gandhinagar for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

[4] Learned advocate for the applicant appearing by video conferencing submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee Page 1 of 4 Downloaded on : Fri May 08 21:24:44 IST 2020 R/CR.MA/6597/2020 ORDER from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

New York, May 10 () Hollywood star Mark Wahlberg and Del Frisco's Double Eagle Steak House have joined hands to provide food to the city's healthcare workers and first responders.The Boston-based burger chain Wahlburgers - run by Wahlberg brothers, Mark, Donnie and Paul - has been shipping its patties to the steak house in Midtown to be cooked up, and the city's legendary firefighter themed sports bar Bravest have been helping deliver the meals."They wanted to honour the hospital workers and first responders," Gerard Fitzgerald, president of the Uniformed Firefighters Association, told Page Six.The meal deliveries started in Manhattan last week and end in Staten Island on Monday.The 'Jason Bourne' star said it was nice to help champion for someone else and give them the credit they deserve.

Mumbai, May 10 () Nearly a month after recovering from the coronavirus, actor Zoa Morani says she has donated her blood plasma to do her bit in helping the patients currently suffering from the novel virus.The actor, who was quarantined and kept under medication in April, also urged those who have recovered from COVID-19 to donate their plasma."Donated my blood today for the Plasma therapy trials at Nair hospital. It was fascinating! Always a silver lining I suppose. The team there was so enthusiastic and careful. There was a general physician on standby just incase of emergency and the equipment brand new and safe (sic)," Zoa wrote on Instagram on Saturday.She thanked the doctors for taking care of her and hoped patients benefit from the donation."All #Covid19 recovered people can be a part

1. The plaintiff has filed the present suit against the defendant for recovery of Rs. 2,72,858/­. The brief facts of the present case are as under :­ 1.1 That the plaintiff is the proprietor of M/s S.K. Enterprises and doing the business of government electrical contractor since 1995.

1.2 That defendant No. 2 is known to the plaintiff for more than 20 years and defendant No. 2 was running his business of sale of electrical goods as proprietor/partner of defendant No. 1 for the last 7/8 years from the aforesaid address and presently doing the business from the top floor of the aforesaid address.

1.3 That in the first week of March, 2015 defendant No. 2 had requested for a friendly loan of Rs. 2,50,000/­ from the plaintiff for some urgent business need for one week and considering the old friendship with defendant no. 2, the plaintiff had agreed to give a sum of Rs. 2,00,000/­ to the defendants but defendant No. 2 was insisting to increase the amount from Rs. 2,00,000/­ and accordingly, the plaintiff had agreed to give Rs. 2,01,000/­ to the defendants as a friendly loan for one week to the defendant and transferred an amount of Rs. 2,01,000/­ on 09.03.2015 by RTGS No. 17673 from the account of his firm M/s S.K. Enterprises Page 2 of 10 bearing No. 034902000001291 with Indian Overseas Bank, Roop Nagar, Delhi to the account of defendant No. 1 bearing No. 914020024386296 with Axis Bank, Mukherjee Nagar, Delhi having IFSC code No. UTIB0001838.

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