(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.

(Through video conference) The Court : The Marshall, Calcutta High Court, has filed a report of service and arrest, which is taken on record.

GA No.810 of 2020 is an application for vacating, recalling and/or modification of the order dated April 24, 2020 passed in AS No.2 of 2020.

It is the contention of the defendant in this application that the order dated April 24, 2020 was obtained 2 by suppression, misstatement and fraud. It is their further contention that the plaintiff was neither an endorsee in the bill of lading nor a named consignee and, as such, the plaintiff did not have locus standi to file the said suit. It is further contended that there is a grave urgency in vacating and/or modifying the interim order passed by this Court as the ship is due to receive cargo in some other port but the ex parte order of arrest has been causing severe loss to the defendant.

A Bench of this Court while dealing with Suo Motu Contempt Petition (Criminal) No.1 of 2019 took note of a letter dated 23.03.2019 received by the office of the Judges of the Bench on 25.03.2019. This was a copy of the letter sent by the President of the Bombay Bar Association and the President of the Bombay Incorporated Law Society to the President of India, Chief Justice of India and the Chief Justice of the Bombay High Court. In the said letter, reference was made to two complaints – one made by the Indian Bar Association, dated 20.03.2019 through alleged contemnor no. 1, Shri Vijay Kurle, State President of 1 Maharashtra and Goa of the Indian Bar Association, and the second complaint dated 19.03.2019 made by alleged contemnor no. 2, Shri Rashid Khan Pathan, National Secretary of the Human Rights Security Council. It was mentioned that these complaints have not only been sent to the President of India and the Chief Justice of India but also have been circulated in the social media and the complaints were attached as Annexures­1 and 2 to the said letter. The Bench took note of the letter and the complaints attached to the said letter and specifically noted the prayers made in both the complaints and found that both the complaints are substantially similar. The Bench on noting the allegations made in the complaints was of the view that scandalous allegations have been made against the members of the said Bench and, therefore, notice was issued to Shri Vijay Kurle, alleged contemnor no. 1, Shri Rashid Khan Pathan, alleged contemnor no. 2, Shri Nilesh Ojha, alleged contemnor no. 3 and Shri Mathews Nedumpara, alleged contemnor no. 4. The Bench also directed that the matter be placed before the Chief Justice of India to constitute an appropriate Bench to hear and decide the contempt case.

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. By way of thisjudgement, weshall dispose of the above-noted appeals preferred against the common order dated 19.03.2018, whereby Appellant's (VIPL) objection petitionsunder Section 34 of the Arbitration and Conciliation Act, 1996, (hereinafter 'the Act')have been rejected, and common arbitral award dated 20.05.2017 stands confirmed.This impugned arbitralaward deals with two separate claim petitions preferred by the Appellant relating to respective Space Buyer Agreements(hereinafter 'arbitration agreements')concerning separate portions of same property. Since the objection petitions have been disposed of vide a common judgment, wealso consider it convenient to dispose of theappeals vide a common judgement.

CS(COMM) 336/2019 Page 1 of 21

2. Case of the plaintiff in the suit is that the plaintiff is dealing in the medicinal and pharmaceutical product under the mark AMADAY which is used for treatment of high blood pressure, heart disease and the defendant is selling its drug under the name ANADAY which is deceptively similar to the plaintiff's well-known registered trademark and amounts to infringement of the plaintiff's rights in its trademark; even though the drug produced and sold by the defendant under the trademark ANADAY is used for treatment of breast cancer.

3. As per the plaintiff, plaintiff first obtained the title in the trademark AMADAY by its first application bearing No. 747783 on 10th July, 1997 and thereafter started using the said trademark AMADAY from 2001. On 4th February, 2008 defendant filed its application bearing No. 1649587 for the impugned mark ANADAY which was duly opposed by the plaintiff and the defendant did not pursue the said application and vide order dated 15 th March, 2016 of the Trade Mark Registry, the same was declared abandoned. On 8th October, 2016 defendant filed another trademark application for registration of the trademark ANADAY vide application No. 3384539 in Class 5 which is currently pending. In the third week of June, 2019 the representative of the plaintiff came across defendant's medicinal preparation AMADAY at Delhi, and hence the suit.

Heard learned counsel for the parties.

This criminal appeal under Section 397 and 401 of Cr.P.C. assails the judgment of the trial Court dated 05/03/2020 passed by VI Additional Sessions Judge, Guna, whereby applicants have been convicted under Sections 452 and 323/34 (2-counts) of IPC to undergo 1-1 year and 3-3 months alongwith fine of Rs. 1000/-, and Rs. 500/- each respectively with default stipulation.

Also heard on I.A. No.2537/2020, an application under THE HIGH COURT OF MADHYA PRADESH Cr.R-1428-2020 (PAPPU @ VIRENDRA YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH) Section 397(1) of Cr.P.C. for suspension of jail sentence on behalf of the applicants.

The petition is being filed by the petitioner and challenge is being made to the order dated 04.03.2020, whereby the petitioner is directed to retire on completion of 62 years of age. It is submitted that the petitioner is a Physical Instructor and is equivalent to Teacher as has been held by the Full Bench of this Court in the case of State of M.P. & Others Vs. Yugal Kishore Sharma, in W.A.No.613/2016. Petitioner has placed reliance upon the Clause F of Regulation 8 of Ministry of Human Resources and Development Department as under :-

"(f) Age of Superannuation :- (i) In order to meet the situation arising out of

shortage of teachers in universities and other teaching institutions and the consequent vacant positions therein, the age of superannuation for teacher in Central Education Institution has already 2 HIGH COURT OF MADHYA PRADESH WP.No.7385/2020 (Gopal Prasad Shivhare Vs. Union of India & Others) been enhanced to sixty five years, vide the Department of Higher Education letter No. F.No.1- 19/2006-U.II dated 23.03.2007, for those involved in class room teaching in order to attract eligible persons to the teaching career and to retain teachers in service for a longer period. Consequent on upward revision of the age of superannuation of teachers, the Central Government has already authorized the Central Universities, vide Department of Higher Education D.O. Letter No.F.1-24/2006-Desk(U) dated 30-03-2007 to enhance the age of superannuation of vice- Chancellors of Central Universities from 65 years to 70 years, subject to amendments in the respective statutes, with the approval of the competent authority (Visitor in the case of Central Universities).

2. The facts of the case of prosecution, in short, is that the applicant-Shobharam, at the relevant point of time, was posted as Secretary of Village Panchayat, Jainabad and applicant-Suresh was Panch of Village Panchayat, Jainabad. 200 quintal wheat and 100 quintal rice was allotted to Village Panchayat, Jainabad for distributing among labour workers engaged under Village Employment Scheme. Rice was entrusted to the applicants to distribute the same, however, instead of distributing the rice to the labour worker, both applicants conspired with other co-accused and tried to sell out that wheat and rice to one Dilip Jain. Concerned authority after receiving the information, seized the truck and registered FIR for the offence under Section 406, 409, 420 of IPC and after investigation, charge sheet was filed. Learned trial Court i.e. the Court of JMFC, Burhanpur in Criminal Case No.592/2005 framed charges against the 3 applicants for the offence punishable under Sections 409, 420, 414 read with Section 511 of IPC.

Law laid down Significant Para Nos.

Reserved on : 04.02.2020 Delivered on : 08.05.2020 (O R D E R) With the consent of learned counsel for the parties, since pleadings are complete, the matter is heard finally.

2. Heard on the question of admission.

3. This petition is under Article 226 of the Constitution of India. By the instant petition, the petitioner is claiming that he was working as 2 W. P. No. 1763/2020 Chairman/President of Municipal Council, Khandwa, by virtue of his election and certificate issued by the Returning Officer on 04.12.2014. The tenure of the President in the Municipal Council is over and the respondents/State is inclined to appoint an Administrator who is a Government Officer.

2. The facts giving rise to this petition, in short, are that the applicant got married with respondent No.1 as per Muslim rites and rituals. Respondent No.2 is father-in- law, applicant No.3 is mother-in-law , applicant No.4 is sister-in-law of the applicant. The applicant has been living in matrimonial hose along with all the respondents since marriage. Respondent No.1- husband of the applicant and respondent No.3-mother-in-law of the applicant are having joint title and possession of the questioned house (matrimonial house) where the applicant is living. While she was living in matrimonial house, she gave birth to a girl child, but, all the respondents wanted a male child, therefore, harassed her in so many occasions, beat her and did not allow her to go outside and when she got chance to go outside, she immediately filed a report against the respondents and 3 also filed an application under Sections 12, 17, 18, 19, 20, 22 of the Domestic Violence Act and prayed for maintenance and restriction order not to interfere in the possession of the applicant in her matrimonial house. The applicant also filed an application under Section 23 of Domestic Violence Act for interim order.

... ... Appellant Versus

1. The State of Bihar through its Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna.

3. The Principal Secretary, Primary and Secondary Education, New Secretariat, Patna.

4. The Regional Deputy Director, Tirhut Division, Muzaffarpur.

5. The District Magistrate, Sitamarhi.

6. The District Education Officer, Sitamarhi, District- Sitamarhi.

... ... Respondents ====================================================== Appearance :

James Maddison put his untamed lockdown hairstyle on display as he thanked Leicester fans on Instagram after winning the ePremier League invitational on Saturday. 

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Prayer in the application is for grant of anticipatory bail in FIR bearing No.37 dated 05.03.2020, under Sections 376 and 120-B of Indian Penal Code, 1860 (Section 4 of The Protection of Children from Sexual Offences Act, 2012 and Section 506 IPC were added later on) registered at Police Station Sadar, Jalandhar.

FIR was recorded on the statement of ABC (name withheld). She stated that in the year 2018, she alongwith her female friends had gone to the house of Jassa son of Kashmiri Lal for Lohri, where Jassa clicked group and individual photographs of the complainant and her friends. In February 2018, Reena Rani wife of Rui Das, sister-in-law of Jassa, called the complainant to her house and took photographs of the complainant with Jassa. Reena made Jassa and the complainant sit in a room and bolted the door from outside. When Jassa and complainant were alone in the room, 1 of 3 ::: Downloaded on - 08-05-2020 21:11:25 ::: CRM-M-12084 of 2020 {2} Jassa sexually assaulted the complainant. Somehow the complainant managed to get door opened and went back home. Jassa started harassing, black-mailing and threatened her. Later on, the complainant narrated the entire incident to her mother and submitted a complaint before the police authorities.

The learned counsel for the petitioners contends that a perusal of the FIR clearly reveals that no offence under Section 307 IPC is made out against the petitioners. It has been further contended that an inquiry was conducted by the DSP (Major Crime) Moga (Annexure P2) subsequent to the registration of FIR which found the petitioners innocent as they were not present at the spot at the time of the alleged occurrence which lends credence to the factum of petitioners having been falsely implicated in the instant case. It has been thus prayed that the petitioners be granted the concession of regular bail as they have been behind bars since 01.03.2020 coupled with the fact that the injury allegedly attributed to the petitioners was found to be blunt in nature.

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PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:45 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:53:02 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:40 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:51 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

2. The appellant is apprehending the arrest in Crime No.282 of 2019 registered with Ghargaon Police Station, Sangamner, Dist. Ahmednagar for the offence punishable under Sections 294, 504, 506 of Indian Penal Code and under Sections 3(1)(r)(s), 3(2)(va) of the Atrocities Act. The first information report has been lodged by present respondent No.2.

3. Heard learned Advocate Mr. L. S. Mahajan for appellant, learned APP Mr. P. K. Lakhotia for respondent No.1-State and learned Advocate Mr. S. B. Ghatol Patil for respondent No.2. Perused the affidavit-in-reply along with documents.

4. It has been vehemently submitted on behalf of the appellant that the learned Special Judge failed to consider the enmity between the applicant and the informant. A complaint application has been filed by the present appellant in respect of the property dispute. It was contended that there is a Big house (Wada) of the forefathers of the appellant. It is now in dilapidated condition. There was certain space behind the said Wada. When the family -2- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 ::: 2-Apeal-6-2020.odt of respondent No.2 started levelling the land behind the Wada, it was objected by the appellant so also a written complaint was filed on 08-09- 2015 to the Grampanchayat. However, the Grampanchayat with some political motive had made entries in the name of the family of respondent No.2. Therefore, a complaint application was then made by him to the Collector. The informant got annoyed with the same and, in fact, application under Section 14-G of the Maharashtra Grampanchayat Act was filed by the appellant against the Sarpanch, Deputy Sarpanch and the Gram Sewak of the Grampanchayat. It was stated that all of them together had shown the open space belonging to the appellant in the name of one Maruti Karbhari Mundhe, Suresh Karbhari Mundhe and Pramod Rambhau Mundhe. It is further stated that present respondent No.2 is the near friend of said Mundhe family and by taking advantage of the caste of the informant false complaint has been lodged and those two persons from Mundhe family whose name has been taken in the application before Collector by the appellant are shown to be the eye witnesses to the incident. In fact, these two witnesses by name Mundhe were not even present when the incident had taken place. Therefore, when the FIR is filed with mala fide intention, the learned Special Judge ought not to have considered that there is bar for entertaining pre- arrest bail applications in view of Section 18-A of the Atrocities Act. -3- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 :::

It is the submission of the petitioners that the respondent nos.9 to 12 were the erstwhile tenants who are allegedly occupying the impugned premises and are presently running a quarantine center as per the Memo No. H&FW/132/2020/128 (Annexure-P/6).

Mr. Gaggar, counsel appearing on behalf of the petitioner led by Mr. Aniruddha Chatterjee, submits that in spite of several representations having been made before the Officer-in-Charge, Karaya Police Station being the respondent no.8 herein and the Chief Secretary, Government of West Bengal being the respondent no.2 herein, no action has been taken by the State authorities.

ab with 01 CRAN 1583 of 2020 (Via Video Conferencing)

In the matter of : an application for bail under Section 439 of the Code of Criminal Procedure filed on 19.04.2020 in connection with Bally Police Station Case No. 25 of 2018 dated 01.03.2018 under Sections 195(A)/506/509/427/34 of the Indian Penal Code.

And In Re :- Bikash Pandey @ Vikash Pandey @ Vicky ... Petitioner.

Mr. Achin Jana ... For the Petitioner. Mr. R. Roy Chowdhury Mr. T. K. Ghosh Mr. P. Bose ... For the State

ab with 02 CRAN1420 of 2020 (Via Video Conferencing)

In the matter of : an application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Egra P.S. Case No. 194 of 2020 dated 21.03.2020 under Sections 341/354A/427 of the Indian Penal Code, 1860 of Protection of Children from Sexual Offences Act, 2012.

And In Re :- Laltu Jana ... Petitioner. Sk. Sahjahan Ali ... For the Petitioner. Mr. R. Roy Chowdhury Mr. T. K. Ghosh Mr. P. Bose ... For the State

Sri Barid Baran Roy & ors.

Mr. Anindya Bose.

.....for the petitioner.

Mr. D. Banerjee.

....for the O.P. No. 1 Mr. Arijit Bardhan.

...for the O.P. Nos. 15 & 16.

This matter has been listed at the instance of the learned advocate for the petitioner for extension of an interim order dated December 23, 2019, passed by this Bench. It is contended that all the opposite parties have been served as per the direction of the Court and the affidavit-of-service will be filed before the Regular Bench.

Mr. Bardhan, learned advocate appearing for the opposite parties 15 and 16, is also present via video conference.

Vs.

Kalyan Kishore Pradhan and Ors. Mr. Sakti Pada Jana ..for the Applicants Let the matter appear a fortnight hence whenever the court convenes.

The State should show cause why the State should not be directed to pay the writ petitioner's salary till the disposal of the appeal, subject to the writ petitioner undertaking to refund the same in the event the appeal succeeds.

Advocate for the writ petitioner should communicate this direction to Advocate appearing for the State and the relevant authorities well in advance of the next date of hearing.

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