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 The same is taken on Board and is permitted to be withdrawn.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.

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.

----Petitioner Versus State Of Rajasthan, through PP

----Respondent For Petitioner(s) : Mr. Asgar Khan.

For State : Mr. S.K. Mahala, PP.

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioners have filed these bail applications under Section 439 of Cr.P.C.

3. F.I.R. No.44/2020 was registered at Police Station Khairthal, (Downloaded on 08/05/2020 at 08:47:14 PM) (2 of 2) [CRLMB-2343/2020] District Alwar, Police District Bhiwadi for offence under Sections 8/21 of NDPS Act.

For State : Mr. S.K. Mahala, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioners have filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.307/2019 was registered at Police Station New (Downloaded on 08/05/2020 at 08:47:12 PM) (2 of 2) [CRLMB-2314/2020] Mandi, Hindauncity, District Karauli for offence under Sections 143, 323, 341, 427, 382 of I.P.C.

For State : Mr. S.K. Mahala, PP. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.242/2014 was registered at Police Station Thanagazi Alwar for offence under Sections 457, 380 of I.P.C.

4. It is contended by counsel for the petitioner that similarly situated co-accused has been enlarged on bail. Petitioner is in custody for last one and a half years. Criminal antecedents pointed out against the petitioner are prior to the year 2014.

For State : Mr. S.K. Mahala, PP. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Counsel for the complainant has not given his detail, hence, could not be connected.

3. Petitioner has filed this bail application under Section 439 of Cr.P.C.

4. F.I.R. No.343/2019 was registered at Police Station Kotwali, Jhunjhunu for offence under Sections 323, 365, 201, 302/34 of I.P.C. (FIR has been lodged for offence under Section 302 of IPC.)

5. It is contended by counsel for the petitioner that eye witnesses have turned hostile. As per the FSL report, cause of death is inconclusive. There was only a bruise on the person of the prosecutrix.

----Petitioner Versus State Of Rajasthan

----Respondent For Petitioner(s) : Mr. Sudhir Jain (through jitsi meet) Mr. Parth Sharma (through jitsi meet) Mr. Rinesh Gupta (through jitsi meet) For Respondent(s) : Mr. Tej Prakash Sharma, SPP(CBN) HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 08/05/2020 Heard learned counsels for the petitioners through Jitsi Meet.

1. Due to outbreak of Coronavirus (COVID-19), the lawyers are not appearing in the Court.

2. Heard Mr. Prakash Chand Thakuriya, learned counsel for the petitioner, through whatsapp video calling as well as learned Public Prosecutor, who is present in the Court.

3. Despite video whatsapp calling, Mr. Ishwar Lal Jain, learned counsel for the complainant has failed to respond.

4. The present second bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.61/2018 Registered at Police Station Tapukda, District Alwar (Rajasthan) for the offences under Sections 376-D & 506 of IPC.

5. Counsel for the petitioners submits that the petitioners have been falsely implicated in this matter and the petitioners are the real brothers of the husband of the prosecutrix. Counsel further submits that one month prior to lodging of the present FIR, the (Downloaded on 08/05/2020 at 08:47:06 PM) (2 of 2) [CRLMB-2033/2020] prosecutrix also lodged the FIR No.0031/2018 on 15.01.2018 at Police Station Tapukara, District Alwar, in which, the petitioners were also made accused under Sections 143, 341 & 323 of IPC, in which, charge-sheet has been filed only against the husband of the prosecutrix and not against the accused-petitioners. Counsel further submits that when the Investigating Agency submitted the negative final report against the accused-petitioners in the earlier FIR lodged by the prosecutrix, the present FIR has been lodged against the accused-petitioners. Counsel further submits that according to the FSL report dated 03.12.2019, semen could not be detected on the clothes and vaginal swab of the victim. Counsel further submits that the petitioners are in custody since February, 2018.

For State : Mr. S.K. Mahala, PP. For Complainant : Mr. Brahm Singh Gurjar. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

3. Petitioner has filed this bail application under Section 439 of Cr.P.C.

4. F.I.R. No.355/2019 was registered at Police Station Chiksana, District Bharatpur for offence under Sections 302, 436, 34, 120-B of I.P.C.

2. Petitioners has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.139/2019 was registered at Police Station Kaithwada, District Bharatpur for offence under Sections 3, 4 & 8 of Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act.

4. It is contended by counsel for the petitioners that petitioner is in custody since September, 2019. There was neither any marks on the body of the petitioner, nor any material things are (Downloaded on 08/05/2020 at 08:47:01 PM) (2 of 2) [CRLMB-1474/2020] recovered from conscious possession of the petitioners. Conclusion of trial will take time.

1. Bundu Khan S/o Shri Abdul Gani R/o Meer Colony Kekri Road Near Idhgah Malpura Thana Dist. Tonk At Present Tenant House No 24 Chmnawadi Sanjay Nagar Jhotwara Jaipur (At Present Accused Confined In Central Jail Jaipur)

2. Mohammad Kalim S/o Shri Mohammad Aladdin Khan R/o Bada Mohalla Lalsot Dist.

For State : Mr. S.K. Mahala, PP.

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.1055/2019 was registered at Police Station Jhotwara, District Jaipur for offence under Sections 343, 366, 376 of I.P.C.

4. It is contended by counsel for the petitioner that there is an inordinate delay of lodging in FIR. As per the medical report, prosecutrix is aged 20 years. There are no marks of injury on her person and private parts.

2. Heard learned counsel for the accused petitioner through video conferencing and perused the record.

3. It has been argued on behalf of the accused petitioner that accused petitioner has falsely been implicated in this case, he is behind the bars since 30.09.2018, charge-sheet has already been filed on 05.12.2018, co-accused Kana @ Vijay has been granted bail by a coordinate bench of this court on 21.11.2019, case of present accused petitioner is not different from that of co- accused Kana. Till date evidence of only nine witnesses have been (Downloaded on 08/05/2020 at 08:46:56 PM) (2 of 2) [CRLMB-18079/2019] recorded while prosecution has listed thirty witnesses, hence completion of trial will take time. It has also been submitted that only one eye witness, PW.5, Ajay has been named in the case by the prosecution, whose statement has been recorded and his evidence is not reliable against the present accused petitioner.

----Appellant Versus State Of Rajasthan

----Respondent S.B. Criminal Appeal (Sb) No. 489/2020 Ramdayal@r.d. S/o Ramkaran

----Appellant Versus State Of Rajasthan

1. This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 663/2019 registered with Police Station Nadbai (Bharatpur), for the offence/s punishable under Section/s 377, 429 of IPC.

2. Heard learned counsel for the accused petitioner through video conferencing and perused the record.

3. It has been submitted that material prosecution witnesses in this case have turned hostile during trial, copies of statements of those witnesses have been filed and it has been contended that the main witnesses PW.1 Jadveer, PW.4 Satish and other material witnesses have turned hostile, they have not supported the prosecution version, hence the accused petitioner may be granted bail.

Mr. Gajendra Singh Rathore, Adv. for the complainant. (on Video Conferencing) HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 08/05/2020 Heard learned counsel for the appellant, learned Public Prosecutor as also learned counsel for the complainant.

This Court finds that D.B. Criminal Appeal is pending against the judgment dated 19.12.2019.

Learned counsel for the appellant submitted that the application for suspension of sentence of the appellant is required to be heard by the appropriate Bench.

Learned counsel for the complainant submitted that there is an order dated 09.04.2018 issued by the Registrar General whereby it has been directed that if an appeal is pending before the Division Bench and the accused who has awarded lesser sentence, then the appeal before the Single Bench is required to be tagged with the D.B. Criminal Appeal and the same is required to be listed before the Division Bench. (Downloaded on 08/05/2020 at 08:46:27 PM)

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.300/2019 was registered at Police Station Murlipura, District Jaipur Metropolitan for offence under Sections 323, 341, 504, 427, 302, 34 of I.P.C.

4. It is contended by counsel for the petitioner that there is inordinate delay of seven days in lodging of FIR. Co-accused has been enlarged on bail.

5. Learned Public Prosecutor has opposed the bail application.

1. This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with F.I.R. No. 88/2019 registered at Police Station G.R.P. Sawai Madhopur for offence under Sections 8/18 and 8/29 of NDPS Act, 1985.

2. Heard learned counsel for the accused petitioner through video conferencing and perused the record.

3. It has been contended by learned counsel for the accused- petitioner that no recovery has been made from the possession of the present accused-petitioner. The alleged recovery has been made from other co-accused persons. There is no cogent evidence against the petitioner except the information of co-accused. Charge-sheet has been filed on 17.01.2020. Trial of the case will (Downloaded on 08/05/2020 at 08:46:48 PM) (2 of 2) [CRLMB-15939/2019] consume time. The petitioner is behind Bars since 31.10.2019.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 08/05/2020 This Criminal Misc. Suspension of Sentence Application has been filed by the applicant-appellant alongwith the criminal appeal.

Learned counsel for the appellant submitted that the applicant appellant was on bail during trial. Learned counsel further submitted that petitioner has been convicted under Section 363 IPC with simple imprisonment of 4 years. Learned counsel submitted that the petitioner has been acquitted on other charges levelled against him under Sections 366, 376 (2) (i) 2(n) IPC & Section 5 (L), 6 of POCSO Act. Learned counsel for the appellant (Downloaded on 08/05/2020 at 08:46:32 PM) (2 of 2) [CRLASOSA-335/2020] submitted that the appellant was arrested on 27.03.2019 and as such appellant has remained behind the bars for more than 13 months.

The present criminal appeal under Section 14(A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.98/2019 registered at Police Station Anta, District Baran.

Learned counsel for the appellants submitted that the appellants are in custody since 02.05.2019.

Learned counsel submitted that police after investigation has filed challan. Counsel further submitted that the allegation against the appellants is in respect of using fire arm but (Downloaded on 08/05/2020 at 08:46:25 PM) (2 of 2) [CRLAS-2822/2019] the medical report which has been prepared shows that the injury suffered by the injured was simple in nature and caused by the blunt weapon.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.26/2019-20 was registered at Police Station Excise Police Jhunjhunu (North) for offence under Sections 14/54, 19/54, 54-A, 14/57 of Rajasthan Excise Act.

4. It is contended by counsel for the petitioner that petitioner is driver of the vehicle. He was not aware that there is no valid permit of transportation of the liquor. Petitioner is not having any criminal antecedents of like nature.

5. Learned Public Prosecutor has opposed the bail application.

6. I have considered the contentions.

(Downloaded on 08/05/2020 at 08:46:54 PM)

(2 of 2) [CRLMB-17684/2019]

This Court further finds that on 17th April, 2020, this Court had also made efforts to contact to the lawyer but he did not respond.

Accordingly, this Court is left with no other option except to adjourn this case.

This Court also finds that if learned counsel has moved an application for listing of the bail application, he is expected to be available on either mode of communication with him.

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.

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

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.

(Through video conference) The Court : CA No.45 of 2020 is an application filed by one Pritam Ghosh, under Section 535(6) of the Companies Act, 1956 to bring on record certain developments subsequent to an order of winding up passed by this Court in CP No.194 of 2016.

It is the contention of the petitioner that the company had sold concerned premises being a residential apartment measuring about 800 sq.ft. at 228, Dum Dum Park, Flat no.1B, on the first Floor, to one Rabindra Nath Dey by a deed of conveyance dated September 21, 2012. Thereafter the 2 petitioner purchased the said property by a conveyance dated March 27, 2014 from said Mr. Dey. Thereafter the petitioner let out the premises to one Rishi Kumar Sharma on December 1, 2014. The petitioner is aggrieved by the action of the learned Official Liquidator who has sealed the said premises on or about March 2, 2020. This application has been filed seeking release of the said property.

VERSUS ASCON AGRO PRODUCTS EXPORTERS AND BUILDERS PRIVATE LIMITED BEFORE The Hon'ble Justice SHAMPA SARKAR Date: 28th April, 2020 Apperance Mr. Saunak Ghosh, Adv. with Mr. Rajib Mullick, Adv.

..for the decree holder Mr. Dipanjan Roy, Adv (in person) ..for the judgment debtor The Court: GA No.803 of 2020 is an application filed by the decree holder for non-prosecution of the Execution Case no.302 of 2019 arising out of a judgment and decree dated July 26, 2017 passed in CS No.115 of 2013, in view of settlement arrived at by and between the parties.

PRIYAMBADA DEVI BIRLA AND BIRLA CABLES LTD.

VS.

ARVIND KUMAR NEWAR & ORS.

.................

APO NO.17 OF 2019 APOT NO.138 OF 2019 GA NO.1735 OF 2019 TS NO.6 OF 2004 IN THE GOODS OF:

PRIYAMBADA DEVI BIRLA AND VINDHYA TELELINKS LTD.

VS.

ARVIND KUMAR NEWAR & ORS.

..............

2

PRESENT :

THE HON'BLE JUSTICE DR.SAMBUDDHA CHAKRABORTY AND THE HON'BLE JUSTICE ARINDAM MUKHERJEE Heard on : 04.02.2020, 11.02.2020, 13.02.2020, 18.02.2020 & 20.02.2020.

1. The matters have been referred in view of conflicting decisions in Greater Bombay Coop. Bank Ltd. v. United Yarn Tex (P) Ltd. and Ors. 1, Delhi Cloth & General Mills Co. Ltd. v. Union of India and Ors. 2, T. Velayudhan Achari and Anr. v. Union of India and Ors. 3, and Union of India and Anr. v. Delhi High Court Bar Association and Ors. 4. The question relates to the scope of the legislative field covered by Entry 45 of List I viz. ‘Banking’ and Entry 32 of List II of the Seventh Schedule of the Constitution of India, consequentially power of the Parliament to legislate. The moot question is the applicability of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) to the co­operative banks.

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. The present judgment will dispose of two appeals preferred under Section 125 of the Electricity Act, 2003. One appeal (CA 2969/2010) has been preferred by the Gujarat Urja Vikas Nigam Ltd. (hereafter,"Gujarat Urja"or "GUVN”) ；the second (CA 2793/2010) has been preferred by CLP (India) Pvt. Ltd. (formerly, Gujarat Torrent Energy Corporation Ltd; later, Gujarat Paguthan Energy Corporation Ltd, a generating company, hereafter collectively "CLP”). Both appeals challenge a common order of the Appellate Tribunal for Electricity（“APTEL” hereafter).

2. The erstwhile Gujarat Electricity Board (GEB) (now “Gujarat Urja”) entered into a power purchase agreement (“PPA”）with CLP on 03.02.1994. In terms of the Signature Not Verified PPA, Gujarat Urja was under an obligation to purchase - and CLP was under Digitally signed by DEEPAK SINGH Date: 2020.05.06 16:03:10 IST Reason:

1. This contempt petition has been filed by the original plaintiff (in CS(OS) No. 2041/2013 filed in High Court of Delhi at New Delhi1), under Article 129 of the Constitution of India read with Sections 12 and 14 of the Contempt of Courts Act, 1971 2 and read with Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975 3 in reference to the order dated 22.2.2019 passed by this Court in SLP(C) Nos. 5147/2019 Signature Not Verified and 5350/2019, which reads thus: ­ Digitally signed by DEEPAK SINGH Date: 2020.05.06 16:03:17 IST Reason:

1 For short, “the High Court” 2 For short, “the 1971 Act” 3 For short, “the 1975 Rules” 2 “We are not inclined to interfere with the Special Leave Petition.

1. Leave granted.

2. This appeal emanates from the judgment and order dated 29.8.2016 passed by the High Court of Judicature at Bombay 1 in Second Appeal No. 771/2015, whereby the judgment and decree dated 11.2.2015 passed by the District Judge, Ratnagiri 2 in Regular Civil Appeal No. 34/2011 came to be affirmed, as a result of which the suit filed by the respondent Nos. 1 to 19 (original plaintiffs) in the Court of Civil Judge, Senior Division, Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.05.06 16:03:13 IST Reason:

1 For short, “the High Court” 2 For short, “the first appellate Court” 2 Ratnagiri3 being RCS No. 25/2005 for permanent injunction against the appellant and respondent No. 20 (State of Maharashtra), restraining them from starting the Solid Waste Disposal Project4 at the suit property, has been decreed. In other words, the trial Court had dismissed the suit, but the first appellate Court allowed (decreed) the same, which decision has been upheld by the High Court in the Second Appeal.

1. This appeal takes exception to the judgment and order dated 26.4.2011 passed by the Division Bench of the High Court of Gujarat at Ahmedabad1 in Letters Patent Appeal (LPA) No. 233/2006, whereby, the writ petition being Special Civil Application No. 12602/2001 filed by the appellants came to be dismissed whilst setting aside the judgment and order dated 21.12.2005 passed by the learned single Judge of the High Court in the said writ petition. By the said writ petition, the appellants had sought following reliefs: ­ Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.05.06 “8. The petitioners pray that this Hon’ble Court be 16:03:09 IST Reason:

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.

1. This appeal takes exception to the judgment and order dated 5.11.2007 passed by the High Court of Judicature for Rajasthan at Jodhpur1 in D.B. Criminal Appeal No. 271/1982, whereby the conviction of the respondent No. 1/original accused No. 5 (Mehram S/o Mr. Chhagna Ram) under Section 302 of the Indian Penal Code2 has been converted into one under Section 326, IPC and the substantive sentence awarded therefor is reduced only to the period already undergone (about five months) by the accused No. 5. At the outset, the learned counsel for the Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.05.06 16:39:58 IST Reason:

1. 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.

2. By this Anticipatory Bail Application, Mr. Aftab Uddin Laskar seeks bail under Section 438 of the Code of Criminal Procedure in connection with Algapur P.S. Case No.100/2020, under Sections 420/409 IPC.

3. The gist of the accusation made in the FIR, gist of the issue raised by this application and the defence of the applicant-accused are contained in order dated 23.04.2020. For Page No.# 2/4 brevity's sake, the said order is extracted hereinbelow:

This application under Section 438 Cr.P.C. has been filed by the petitioners, namely, (1) Jangsher Ali, (2) Omar Ali, (3) Kayum Ali, (4) Sobur Uddin and (5) Badsha Miya, seeking pre-arrest bail apprehending their arrest in connection with Chhaygaon Police Station Case No. 207/2020 registered under Sections 143/147/148/447/325/302 IPC corresponding to G.R. Case No. 369(K)/2020.

As per the FIR of the case, the present accused petitioners along with 11 (eleven) named accused persons and 10 (ten) to 15(fifteen) others illegally entered the land that belongs to the father of the informant around 08:00 in the morning on 01.03.2020 while they were planting rice paddy saplings armed with dao, stick etc. and attacked his family members namely, Ainul Hoque, Saniara Khatun, Jahiruddin, Rupchand Ali, Sukur Ali, Hanif Ali and killed his uncle Ainal Hoque.

1. The applicant, namely, Mukut Rabha, APS serving in Assam Police, as accused in Tinsukia P.S. Case No.1608/2019, under Sections 454/379/ 331/468/471/ 166/167/193/209/211/218/220/221/34 of IPC has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

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. I have heard Mr. R. Islam, learned counsel for the applicant and Mr. N. J. Dutta, Page No.# 2/4 learned Additional Public Prosecutor, Assam for the respondent.

1. None entered appearance on behalf of the petitioners. Further service report on the respondent Nos. 2 to 5 is yet to be received by the Registry.

Accordingly, list after three weeks on a date to be fixed by the Registry.

JUDGE Comparing Assistant

List after two weeks on a date to be fixed by the Registry.

Page No.# 2/2 Interim order is extended till the next date.

JUDGE Comparing Assistant