The instant batch of writ petitions under Article 226 of the Constitution of India essentially challenges the recommendations made by the Municipal Valuation Committee-III (hereinafter referred to as 'MVC-III') under Section 116 of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as 'DMC Act') which are sought to be implemented to levy property tax by erstwhile East Delhi Municipal Corporation (hereinafter referred to as 'EDMC'). EDMC was reunified alongwith other Corporations and is now called the Municipal Corporation of Delhi (hereinafter referred to as 'Corporation').

1. Mr. Devansh Mohta, learned Counsel assisted by Mr. Vikram Rajkhowa, learned Counsel is present on behalf of the Applicant in Miscellaneous Application No.31/2023/EZ.

2. Arguments could not be concluded today.

1

3. On the request of the Counsel for the parties, put up this matter for further hearing on 25.11.2024.

4. List on 25.11.2024 for further hearing.

..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM November 11, 2024, Original Application No.44/2020/EZ With Miscellaneous Application No.31/2023/EZ In Original Application No.43/2020/EZ SKB

1. Heard Mr. Supriyo Dutta, representing the Applicant is present in person.

2. This Original Application has been registered on the basis of a letter petition submitted in the office of the Tribunal through email dated 18.07.2024 alleging that industrial factories and workshops around the village of the Applicant at Purbannapara located at Makardah Mouza under Domjur Block, District, Howrah has been causing severe environmental problems to the lives of the local people due to obnoxious gaseous effluents.

3. It is also alleged that the Saraswati Canal has been blocked due to it being used for dumping of waste water and other industrial waste material3 by several industries present in the area that continue unregulated dumping of the industrial wastes also resulting in deterioration of the environment in the locale.

The 'preliminary report' dated 24.07.2020 filed by the Expert Committee constituted by this Tribunal vide order dated 24.06.2020 is taken on record. On the request of learned Counsel appearing for the parties, adjourned to 06.08.2020. Liberty to file further submission, if any, before the next date.

Adarsh Kumar Goel, CP S. P. Wangdi, JM Dr. Nagin Nanda, EM July 29, 2020 Original Application No. 43/2020(EZ) & Original Application No. 44/2020(EZ) DV

1.1 We have heard learned Counsel for the parties. Hearing concluded. Order reserved. The order will be uploaded on the website, after due consideration, on or before 19.02.2021.

Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM February 15, 2021 Original Application No. 43/2020(EZ) with connected matters DV

1. Case taken up by video conference on Vidyo App.

2. These cases are taken up together as identical questions have been raised. The Applicant in O.A. No. 43/2020/EZ, an environmentalist, who has preferred the application alleging failure of the Respondent Authorities in preventing the blowout of Baghjan 5 oil well of the Respondent No. 1, M/s. Oil India Ltd. (OIL in short), resulting in a massive fire causing irreparable loss to the entire biodiversity of the region and loss of lives and property.

3. It is stated that on 27.05.2020 at around 10:30 AM the producing well of Baghjan 5 under the Baghjan Oilfield of OIL in Tinsukia District, Assam, released natural gas in an uncontrolled manner. Baghjan is one of the 23 oil wells set up by OIL to tap the large gas reserves in the Brahmaputra basin located near the Eco Sensitive Zone (ESZ) of the Dibru-Saikhowa National Park. The released gas is stated to be a mix of propane, methane, propylene and other gases that flow with the wind the condensate of which mostly falls on the bamboo groves, tea gardens, banana trees and betel nut trees in the area and also spread into the Dibru- Saikhowa National Park which, according to the Applicant, records over 40 mammals, 500 species of birds, 104 fish species, 105 butterfly species and 680 types of plants, including a wide variety of rare orchids. It harbours the tiger, elephant, wild buffalo, leopard, hoolock gibbon, capped langur, slow loris, Gangetic dolphin, besides critically endangered bird species such as the Bengal Florican, White Winged Duck, Greater Adjutant stork, White rumped vulture, slender billed vulture as well as the rare and endemic Black-breasted parrotbill.

1. This order is being passed in continuation of orders dated 24.06.2020 and 02.07.2020 dealing with the issue of providing remedies to the victims and for restoration of environment as a result of incident of oil blowout on 27.05.2020 and other consequential events that followed at Baghjan in Tinsukia District of Assam.

2. The Tribunal noted the case of the applicant that as a result of blowout on 27.5.2020, the Baghjan Oil well set up by the Oil India Limited (OIL) released propane, methane, propylene and other gases causing damage to bamboo groves, tea gardens, banana trees and betel nut trees in the area and also spread into the Dibru-Saikhowa National Park which, according to the Applicant, records over 40 mammals, 500 species of birds, 104 fish species, 105 butterfly species and 680 types of plants including a wide variety of rare orchids. The area harbours tiger, elephant, wild buffalo, leopard, hoolock gibbon, capped langur, slow loris, Gangetic dolphin, besides critically endangered bird species such as the Bengal Florican, White Winged Duck, Greater Adjutant stork, White rumped vulture, slender billed vulture as well as the rare and endemic Black-breasted parrotbill. The oil also spilled into the Dibru river causing a film of oil in the river that passes through the Maguri- Motapung wetlands, an Important Bird and Biodiversity Area, and along the Dibru Saikhowa National Park. The Maguri-Motapung Wetland, located less than 10 km from Dibru-Saikhowa National Park, is a part of the Dibru-Saikhowa Biosphere Reserve (DSBR) and hosts some of the most vulnerable species of birds such as Swamp Francolin, Marsh Babbler, Greater Adjutant and Pallas's Fish-eagle, Red-headed Vulture and White-bellied Heron, and over 80 species of fish. River Dibru is a tributary of River Lohit which then forms river Brahmaputra in the lower reaches. Brahmaputra river system is also a home to Gangetic dolphins. As a result of the blowout, there was also a fire on 09.06.2020. The applicant has also stated that the blowout has left behind huge volumes of residue as gas condensate which is a mixture of chemical compounds that are toxic for land and vegetation and is a known carcinogen. The blowout is not only hazardous to the health of the people but also severely affect their livelihood whose occupation is mainly agriculture, fishing and animal rearing. 1610 families were displaced as a result of the gas leak.

11-11-2024 Heard Mr. T. A. Choudhury, learned counsel for the petitioner.

2. Aggrieved with the order dated 09.01.2023, passed by the learned Metropolitan Magistrate, 15th Court at Calcutta, West Bengal in Case No.CS59941/24 under Sections 406/420 IPC directing the petitioner for his appearance on 11.07.2024 and the order dated 11.07.2024 of the said Court by which it issued Warrant of Arrest against the petitioner for his appearance in said Case No.CS/59941/24.

3. Petitioner has filed this application under Article 226(2) of the Constitution of India stating that as per the Business Loan Agreement dated 25.11.2023, with Loan Application ID No. 107024 the agreement was executed at Chennai with the respondent No.1, whereas, the borrower i.e., the petitioner/lonee is from the District of Karimganj, Assam, therefore, the Court at West Bengal does not have any jurisdiction to initiate any such proceeding on the complaint filed by the respondent No.1, Mintifi Finserve Private Limited under Section 200 CrPC with charge under Sections 406/420 IPC against the petitioner before the Court of learned Metropolitan Magistrate, 15th at Calcutta being registered as Case No.CS/59941/24 under Sections 406/420 IPC. According to the petitioner, taking cognizance of the offence against the petitioner by the learned Court of Metropolitan Magistrate, 15 th at Calcutta, West Bengal on the basis of the complaint of the respondent No.1 is without jurisdiction and bad in law.

[WP(C) Nos.26883/2024, 38022/2024, 38213/2024, 38235/2024 & 38427/2024] The issue raised in these writ petitions are covered against the petitioners by the judgment of the Supreme Court in Chandra Sekhar Jha v. Union of India and others; (2022) 14 SCC 152. It is clear from a reading of the judgment of the Supreme Court that after the amendment of Section 129 E of Customs Act, 1962 with effect from 06-08-2014 it is a provision beneficial to the persons who propose to file an appeal (like the petitioners herein) and only requires deposit of a portion of the demand. On a consideration of the provision is substituted with effect from 06-08-2024 and on considering the question as to whether such provision will cause undue hardship, it was held as follows;

Dated this the 08th day of November, 2024 The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the 8 th accused in Crime No.1360/2024 of the Cherthala Police Station, Alappuzha, which is registered against the accused persons for allegedly committing the offences punishable under Sections 406, 419, 420, 468, 471, 506 read with Section 34 of the Indian Penal Code, 1860 and Section 66D of the Information Technology Act. The petitioner was remanded to judicial custody on 09.09.2024.

2. The crux of the prosecution case is that: the accused, in furtherance of their common intention, had during the period from September 2023 to 13.05.2024 induced the defacto complainant to make investments in their companies named 'INVESCO CAPITAL' and 'GOLDMANS SACHS'. Accordingly the defacto 2024:KER:83459 complainant invested Rs.7,65,00,000/- by transferring the amount from his and his wife's joint account believing that he would receive Rs.39,72,85,929/-. However, the accused did not pay any profit or return the capital. Thus, the accused have committed the above offences.

The Court: We have heard learned counsel for the parties. On 25th April, 2023, the appeal was admitted and all further proceedings in the suit including the hearing of the application under Sections 5 and 8 of the Arbitration and Conciliation Act pending before the learned Trial Court was initially stayed for eight weeks and thereafter the said interim order was extended from time to time.

2

We feel that the appeal is required to be heard and we do not find any reason to vacate the interim order at this stage.

The interim order passed on 25th April, 2023 is confirmed. The applications stand disposed of.

The appeal shall be listed on 25th November, 2024.

The respondent expressed lack of confidence on the learned Arbitrator.

The petitioner has pointed out a letter written by the learned Advocate-on-Record for the respondent which, according to the petitioner, was disrespectful to the learned Arbitrator. The petitioner apprehends that the same conduct will be repeated by the respondent's learned Advocate.

Mr. Kar, learned Senior Advocate for the respondent, submits that the letter written by the Advocate-on-Record for the respondent was in answer to the contents of the letter written by the petitioner's Advocate.

2

It appears that there were allegations and counter allegations with regard to the conduct of the parties before the learned Arbitrator. The situation was very unfortunate.

The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act) is directed against an order dated October 26, 2023, passed by the Income Tax Appellate Tribunal, "C" Bench, Kolkata (Tribunal) in I.T.A No.1842/Kol/2017, for the assessment order 2009-10.

The revenue has raised the following substantial questions of law for consideration:-

i) Whether on the facts and in law, the Hon'ble ITAT is justified in setting aside the order of the Ld. CIT(A) and deleting the additional made by the A.O. towards unexplained share capital and share premium of Rs.15,51,00,000/- u/s. 68 of the Act by holding that the assessee had discharged its onus to prove the identity and creditworthiness of the share subscribing companies and the genuineness of the transactions overlooking the fact that not even a single Director of the share subscribing companies appeared before the Assessing Officer nor provided a valid reason for their non-appearance?

Bivas Pattanayak, J. :-

1. The instant execution case has been filed by the plaintiff-decree holder against the defendant-judgment debtor for execution of a decree dated 24th March, 2021 for a sum of Rs.12,54,607.68/-.

2. In its affidavit in support of tabular statement the decree holder contends that the judgement-debtor holds immovable property namely an office at Golpark Co-operative Housing Society, Flat no. 13/B2, 4th Floor, 49C, Govindapur Road, Lake Gardens (near Jodhpur Market), Kolkata-

2

700068 and operates bank account at UCO Bank, Park Circus Branch, Kolkata-700014.

3. The judgement debtor through its partner filed its affidavit of assets who contends that he possesses the above mentioned flat and the bank account.

being done in the light of Bihar Apartment Ownership Act, 2006, it was agreed that the builder shall provide flats of super built up area of 2.25 times of their given land admeasuring area of 2000 sq.ft. i.e. 4500 sq.ft. to each of them along with a parking space for a four-wheeler vehicle with each flat. In view of clause 5 of Development Agreement, a Patna High Court MA No.296 of 2021 dt.12-11-2024 separate supplementary agreement was also executed on the same day between the owners and developers for determination of actual share portion wherein the builder agreed to give three flats each of 1440 sq.ft. as follows:-

Applicant is in judicial custody in FIR No.673 of 2024, under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act"), Police Station Patelnagar, District Dehradun. She has sought her release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, on 25.10.2024, 50.17 grams smack was allegedly recovered from the possession of the applicant.

4. It is the case of the applicant that the alleged recovered quantity is less than commercial; there is no independent witness; there has been non-compliance of the provisions of the Act; she is not a previous convict.

2

:

The Appellant filed an (offline) RTI application dated 16.12.2022 seeking the following information:

"1. The name of revenue villages with survey nos of tower line erected for PowerGrid Corporation of India Ltd 800KVA HVDC Transmission Line Raigargh (Chattisgargh) to Pugalur (TN) in Erode Dr?

2. The copy of item wise list of cut and removed trees, category, age, analysis and evaluation certificate from Agriculture Department for erecting PowerGrid Corporation of India Ltd 800KVA HVDC Transmission Line Raigargh (Chattisgargh) to Pugalur (TN) in Erode Dr?

3. The copy of details of the following a. Land compensation paid.

b. Compensation paid for crops (item wise) c. Compensation paid for trees (item wise) For erecting PowerGrid Corporation of India Ltd-800KVA HVDC Transmission Line Raigargh (Chattisgargh) to Pugalur (TN) in Erode Dt?

:

The Complainant filed an (offline) RTI application dated 20.05.2023 seeking the following information:

"I am enclosing herewith a Photocopy letter dated 25/9/23 regarding Departmental Grocery Card No CAO 5112259933/201N0o., which was not activated by the Aligarh Depot due to which I Could not got my necessary groceries items. Recognizing this I need information & copies of documents as per following points:-

1. Please intimate the date of receipt of aforesaid letter

2. Please provide a certified photocopy of aforesaid letter

3. Please provide the information regarding action taken on my above letter by the appropriate authority since the date of issuing to this date.

:

The Complainant filed an (offline) RTI application dated 20.05.2023 seeking the following information:

"I am enclosing herewith a Photocopy letter dated 25/9/23 regarding Departmental Grocery Card No CAO 5112259933/201N0o., which was not activated by the Aligarh Depot due to which I Could not got my necessary groceries items. Recognizing this I need information & copies of documents as per following points:-

1. Please intimate the date of receipt of aforesaid letter

2. Please provide a certified photocopy of aforesaid letter

3. Please provide the information regarding action taken on my above letter by the appropriate authority since the date of issuing to this date.

:

The Complainant filed an (offline) RTI application dated 20.05.2023 seeking the following information:

"I am enclosing herewith a Photocopy letter dated 25/9/23 regarding Departmental Grocery Card No CAO 5112259933/201N0o., which was not activated by the Aligarh Depot due to which I Could not got my necessary groceries items. Recognizing this I need information & copies of documents as per following points:-

1. Please intimate the date of receipt of aforesaid letter

2. Please provide a certified photocopy of aforesaid letter

3. Please provide the information regarding action taken on my above letter by the appropriate authority since the date of issuing to this date.

These two writ petitions have been filed by the same petitioner based on the same fact situation and as such, both the matters were heard together and are being disposed of by this common order.

https://www.mhc.tn.gov.in/judis W.P.Nos.2751 and 9303 of 2020

2. The petitioner herein was initially appointed as 'Grade-II, Police Constable' in TSP-I Battalion, Trichy and thereafter, the petitioner was transferred to District Armed Reserve Perambalur District and in the year 2004, he was transferred to District Armed Reserve Nagapattinam District and thereafter, he was transferred to Taluk Police Establishment in the year 2010 and then he was upgraded as ‘Grade I, Police Constable’ in the year 2006 and further upgraded as 'Head Constable' in the year 2011. The petitioner also claimed to have received 16 rewards for his performance and there were no adverse remarks against the petitioner through out his service.

The Criminal Revision is directed against the order passed in Crl.M.P.No.5785 of 2022 in C.C.No.224 of 2024 dated 25.03.2024 on the file of the Judicial Magistrate Court, Tirumangalam.

2. On the basis of the complaint lodged by the second respondent, FIR came to be registered in Crime No.41 of 2022 against 9 persons including the petitioner for the alleged offences under Sections 147,148, 294(b), 323, 324 and 506(2) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002. The first respondent, after completing the investigation, has filed a final report against 8 persons and also filed a report deleting the petitioner/9th accused from the above case before the jurisdictional Court. The learned Magistrate, after receipt of the charge sheet as well as the deletion report, has issued notice to the second respondent. The second respondent has entered into appearance and filed a https://www.mhc.tn.gov.in/judis protest petition in Crl.M.P.No.5785 of 2022 and the learned Magistrate, after enquiry, has passed the impugned order dated 25.03.2024 by holding that there existed prima facie case against the petitioner and ordered for issuance of summons to all the accused including the petitioner. Aggrieved by the order adding the petitioner as one of the accused and for issuance of summons, the present revision came to be filed.

1. Revision Application is allowed.

2. The order of Competent Authority Konkan Division in case No.178 of 2023 dated 06.08.2024 is set aside.

3. The Parties be informed accordingly.

24) Thus, the Revisional Authority has relied upon Section 55 of the MRC Act for accepting the contention of the licensee that in absence of registration of the licence agreement, her version of ___Page No.19 of 33___ 12 November 2024 Megha 908_wp_14856_2024_fc.docx licence being granted for commercial use would prevail. Section 55 of the Act provides for providing for compulsory registration of tenancy agreement and consequences of non-registration. Section 55 provides as under:

Through: -

Mr. S. N. Ratanpuri, Advocate CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 11.11.2024 Vide Judgment dated 07.10.2022, respondent No. 3- Director General Doordarshan Copernicus Marg, New Delhi was directed as under:-

"Be that as it may, with the consensus of the parties, respondent No. 3- Director General Doordarshan Copernicus Marg, New Delhi is directed to consider the claim of petitioners with respect to payment of fee, if any, due to every petitioner in terms of rules applicable and pass speaking order within a period of two months from the date copy of this order is served upon him."

Adunarea Generală a creditorilor companiei Angst a aprobat valorificarea a patru spații comerciale din București și unul din Ilfov, cu valoare totală de piață de 3,6 milioane de euro. Infinexa, companie antreprenorială românească specializată în restructurarea și finanțarea firmelor aflate în dificultate, anunță scoaterea la licitație a cinci spații comerciale ce aparțin procesatorului de carne ...

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IN RE: B.K.NAGARAJAPPA

6. The petitioner Sri B.K.Nagarajappa had served the Corporation between 05.04.2021 to 30.06.2022 as General Manager. Previous approval has been granted for the purpose of investigation as regards the following:

NC: 2024:KHC:45706 PÀæ.¸ÀA ¥Éưøï oÁuÉ C¥ÀgÁzsÀ ¸ÀASÉå 1 PÀ®§ÄVð f¯Éè, PÁ¼ÀV ªÉÆ.¸ÀA.79/2022 gÀ PÀ®A ¥Éưøï oÁuÉ 406, 409, 420, gÉ/« 34 L¦¹ 2 ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ ¹zÁÝ¥ÀÄgÀ ªÉÆ.¸ÀA.56/2023, PÀ®A ¥Éưøï oÁuÉ 406, 420 ¸ÀºÀ 149 L¦¹ 3 ¨ÉAUÀ¼ÀÆgÀÄ UÁæªÀiÁAvÀgÀ f¯Éè ªÉÆ.¸ÀA.07/2023, PÀ®A-

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present writ petition is filed by the plaintiff challenging the order dated 16.07.2024 passed in M.A.No.7/2023 by the Court of the Senior Civil Judge and JMFC, Kalaghatagi1.

2. The relevant facts leading to the present writ petition are that the plaintiff instituted a suit in O.S.No.11/2023 before the Civil Judge and JMFC, Kalghatagi2 wherein the respondents herein arrayed as defendants. The reliefs sought for in the suit are extracted herein for ready reference.

"14. Prayer: That, the most respectfully and graciously prayed that, this hon'ble Court be please to pass decree in favour of plaintiff as under:-

The petitioner - accused is before this Court calling in question proceedings in Spl.C.No.1338/2024 registered for offences punishable under Sections 417, 420 and 313 of the Indian Penal Code, 1860 (the 'IPC' for short).

-3-

NC: 2024:KHC:44321

2. Heard Sri. Hemanth Kumar K., learned counsel appearing for the petitioner, Sri. R. Rangaswamy, learned HCGP appearing for respondent No.1 and Sri. K.A. Prathap, learned counsel appearing for respondent No.2.

3. Facts adumbrated are as follows:

The second respondent is the complainant, registers a complaint on 28.03.2024 for the afore quoted offences. The crux of the complaint is that the complainant and the petitioner get acquainted to each other in the year 2021, while they were working together. The narration in the complaint that the friendship blossomed into relationship and the relationship was physical as well. Further allegation in the complaint is that the petitioner had physical relationship with the complainant on the pretext of marriage or on the promise of marriage. The promise having been broken is what leads the complainant to register a complaint with the jurisdictional police for the aforesaid offences. The police after investigation filed a charge sheet and the matter is presently pending as a special case in 1338/2024 for the afore quoted offences.

1. Challenging the impugned proceeding being GR Case no. 1238 of 2021, arising out of Lake Town police station case no. 263 of 2021, petitioners have preferred the present Application with a prayer for quashing the said proceeding, qua the petitioners herein.

2. Petitioner contended in the Application that complainant stated in the FIR (First Information Report) that the opposite party no.2/FIR maker was introduced to Mr. Sanjoy Kumar Agarwal by one Subhash Kumar Roy and one Samaresh Das and relying upon the representation that the said Sanjoy Kumar Agarwal is a developer, the petitioner expressed his desire to join Mr. Agarwal as partner in his firm and thereafter Mr. Agarwal took the opposite party as a partner with him in his partnership firm namely "Shree Krishna Realtors". It is alleged that relying upon said representation the opposite party no.2 along with aforesaid person entered into a registered development agreement dated 18.12.2016 and it is further alleged that when the construction work commenced, said Sanjay Kumar Agarwal took control of the project and also taking advantage of the same took custody and control of the bank account, cheque books, vouchers papers etc. It has been further alleged that the opposite party No. 2 from time to time deposited money in the accounts of his said partner Sanjoy Kumar Agarwal but he did not cooperate with the opposite party no.2 herein /FIR maker and not only that said Sanjay had made huge withdrawal of funds and also misappropriated the funds of the firm amounting to Rs. 40 lacs in between August 2016 to March 2020 on the basis of false and fabricated documents and thereafter retired from the said firm on 17th November, 2020. The allegation against the present petitioners is that said Sanjay and the petitioners are jointly fraudulently took advance money from different buyers pertaining to the said project but neither executed deed nor refunded refundable money.

For the Petitioners : Mr. Mahesh Tewary, Advocate For the State : Mr. Bishambhar Shastri, A.P.P.

-----

03/12.11.2024 The petitioners are apprehending their arrest for the offences punishable under Sections 147/149/341/323/307/504/506 of the Indian Penal Code.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. As per the allegation, the petitioner nos. 2 and 3 assaulted the informant's husband due to which his left leg got fractured. So far as the petitioner no. 1 is concerned, there is no specific allegation against him. The dispute between the parties arose due to a drainage. Even if the content of the written report is taken to be true, the petitioner nos. 2 and 3 had no intention to kill the informant's husband as admittedly, he sustained fracture injury on his leg. The petitioners have no criminal antecedent as has been stated in paragraph no. 13 of the present application. They also undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

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