माननीय अध्यक्ष: माननीय सदस्यगण, अब हम सत्रहवीं लोक सभा के दूसरे सत्र की समाप्ति की ओर आ गए हैं, जो 18 नवम्बर, 2019 को आरंभ हुआ था। अब तक, हम 20 बैठकें कर चुके हैं जो 130 घंटे 45 मिनट तक चलीं। 18 नवम्बर, 2019 को चार नए सदस्यों ने शपथ ली अथवा प्रतिज्ञान किया।

…(व्यवधान)

माननीय अध्यक्ष : इस सत्र में महत्वपूर्ण वित्तीय, विधायी और अन्य कार्यों का भी निपटान हुआ। वर्ष 2019-20 के लिए अनुदानों की अनुपूरक मांगों (सामान्य) पर चर्चा 5 घंटे 5 मिनट तक चली। वर्तमान सत्र के दौरान 18 सरकारी विधेयक पुर:स्थापित हुए। कुल मिलाकर 14 विधेयक पारित हुए। 140 तारांकित प्रश्नों के मौखिक उत्तर दिए गए। औसतन प्रतिदिन लगभग 7.36 प्रश्नों के उत्तर दिए गए। इसके अतिरिक्त औसतन प्रतिदिन 20.42 अनुपूरक प्रश्नों के उत्तर दिये गए। 27 नवम्बर, 2019 को सभी 20 तारांकित प्रश्न लिये गए।

संसदीय कार्य मंत्रालय में राज्य मंत्री तथा भारी उद्योग और लोक उद्यम मंत्रालय में राज्य मंत्री (श्री अर्जुन राम मेघवाल): माननीय अध्यक्ष जी, हमारी तरफ से बहुत से लोगों के एजर्नमेंट मोशन हैं। …(व्यवधान) जैसे साध्वी जी ने बाहर बोला था और हाउस में माफी मांगी थी, ऐसे ही राहुल गांधी जी ने बाहर बोला कि ‘मेक इन इंडिया’ की जगह ‘रेप इन इंडिया’ हो गया है। यह बहुत कन्डेम्नेबल एक्टिविटी है। …(व्यवधान) उन्हें हाउस में आकर माफी मांगनी चाहिए।…(व्यवधान) वह हाउस में आकर माफी मांगें।…(व्यवधान) हाउस में ऐसा पहले कर रखा है, साध्वी निर्मला ज्योति जी ने।…(व्यवधान)  वह हाउस में नहीं बोली थीं, पब्लिक में बोली थीं, मीटिंग में, …(व्यवधान) ऐसे ही राहुल गांधी जी पब्लिक में बोले हैं।…(व्यवधान) उनको माफी मांगनी चाहिए।…(व्यवधान) उन्होंने कैसे कह दिया कि यह ‘मेक इन इंडिया’ नहीं ‘रेप इन इंडिया’ है। …(व्यवधान) यह बहुत ही निंदनीय है। …(व्यवधान) घोर आपत्तिजनक है।…(व्यवधान) सदस्य को यहां बुलाया जाए और हाउस में माफी मांगी जाए।…(व्यवधान)

2. Notice issued shall indicate that reply shall be filed within two days of the receipt of notice.

List on 27th April 2020.

(RAJNESH OSWAL) (GITA MITTAL) JUDGE CHIEF JUSTICE Jammu 23.04.2020 Raj Kumar RAJ KUMAR 2020.04.23 15:38 I attest to the accuracy and integrity of this document

Issue notice of this application to the respondents. Mr. Amit Gupta, AAG accepts notice.

2 WP(C) PIL NO. 41/2019 Let a copy of this application be sent to Mr. Amit Gupta, AAG by Mrs. Deepika Mahajan, Advocate, who shall seek instructions that immediate steps are taken to ensure food and all facilities to these survival of natural calamity.

Let a copy of this application be also furnished to Mr. M. K. Sharma, Member Secretary, State Legal Services Authority, Jammu and Ms. Sandeep Kour, Secretary, District Legal Services Authority, Udhampur to ensure that these people are given immediate assistance.

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

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.

Ms. Manisha Rana Singh, learned A.G.A. for the State.

Learned counsel for the State prays for and is granted two weeks' time to file counter affidavit.

List the matter on 26.05.2020. Exemption applicant stands disposed of.

(R.C. Khulbe, J.) 06.05.2020 Sukhbant

Urgency application and Exemption application, to exempt the applicant from filing the affidavit in support of the urgency application and to exempt the applicant from depositing court fees, are filed by the applicant during COVID-19, pandemic lockdown.

The urgency application and the exemption application are not opposed by the State.

The urgency application is allowed accordingly. The exemption application is accepted with the condition that directions of the Notification No. 86/UHC/Admin.B/2020 dated 11.04.2020 and Notification No. 89/UHC/Admin.B/2020 dated 18.04.2020 of this High Court will be followed by the applicant.

The learned Government Advocate requests two weeks' time to file counter affidavit.

Ms. Manisha Rana Singh, learned A.G.A. for the State.

Learned counsel for the State prays for and is granted three weeks' time to file counter affidavit.

List the matter on 27.05.2020. Exemption applicant stands disposed of.

(R.C. Khulbe, J.) 06.05.2020 Sukhbant

Mr. J.S. Virk, AGA, for the State. Urgency application (IA 4734 of 2020) is allowed.

Let the affidavit of the pairiokar be filed and the court fee be deposited within three days of the opening of the lockdown. Exemption application (CRMA 1160/2020) stands disposed of accordingly.

Heard on the bail application. Having been implicated in the Case Crime/FIR No. 20 of 2019, under Sections 420 and 120-B of the IPC and Section 66 of the Information Technology Act, PS Cyber Crime, District Dehradun, the applicant is in jail.

Learned Counsel for the applicant would contend that the applicant has been falsely implicated merely on the basis of doubt; applicant was not named in the FIR; two FIRs have been registered on the same cause of action and the appellant has been granted bail in the main case and there is no other pending case against the applicant except these two and he is in jail since 23.9.2019.

Ms. Manisha Rana Singh, learned A.G.A. for the State.

At the request of learned counsel for the State, list the matter on 14.05.2020. In the meantime, learned counsel for the State may file objections. (R.C. Khulbe, J.) 06.05.2020 Sukhbant

Ms. Manisha Rana Singh, learned A.G.A. for the State.

Learned counsel for the State prays for and is granted two weeks' time to file counter affidavit.

List the matter on 21.05.2020. Exemption applicant stands disposed of.

(R.C. Khulbe, J.) 06.05.2020 Sukhbant

List after ten days. (N.S. Dhanik, J.) 06.5.2020 Prabedh

Ms. Manisha Rana Singh, learned A.G.A. for the State of Uttarakhand.

Mr. Karan Anand, learned Counsel for the complainant.

Time extension application has been moved on behalf of the accused.

From the perusal of the order dated 07.01.2020, a short term bail for a period of three months commencing from the date of his actual release was granted to the accused by this Court in connection with Crime No.387 of 2019, u/s 420, 406, 504, 506, 323 IPC and Sections 4/5 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978, Registered at P.S. Kotwal, District Dehradun.

From the perusal of the order dated 07.01.2020, it is clear that three months time has been completed, but the accused did not file any time extension application before the expiry of three months, hence the accused is directed to surrender himself before the Magistrate on 11.05.2020 at 10:30AM.

Mr. Pratiroop Pandey, AGA for the State. This matter is heard through Video Conferencing.

Learned counsel for the State prays for and is granted three weeks' time to file counter affidavit. List thereafter.

(Ravindra Maithani, J.) 06.05.2020 Jitendra

The applicants Mohd. Shfique and Nadeem, who are in custody, in connection with FIR No. 43 of 2020, under Sections3/5/11(1) of Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Pulbhatta, District Udham Singh Nagar have sought their release on bail.

As per the prosecution, on 07.03.2020, 80 Kg. beef was recovered from the custody of the applicants. Applicants Mohd. Shfique and Nadeem were arrested at the spot.

Learned counsel for the applicants would submit that the FIR is delayed; there is no public witness and no FSL report. It is argued that applicants have no criminal history.

Learned State Counsel also admits that there is no criminal history of the applicants.

Mr. Pratiroop Pandey, AGA for the State. This matter is heard through Video Conferencing.

The applicant Pawan, who is in custody, in connection with Case Crime No. 249 of 2019, under Section 380, 411, 34 of IPC, Police Station Bahadrabad, District Haridwar has sought his release on bail.

It is argued that co-accused Amit @ Romi has been granted bail, who has a similar role.

Learned counsel for the State would admit that the co-accused, whose role is similar, has been granted bail.

Having considered all the facts and circumstances of the case, this Court is of the view that it is a fit case for bail.

The bail application is allowed. Let the applicant, namely, Pawan, be released on bail, on his executing a personal bond and furnishing two sureties, each of the like amount to the satisfaction of the court concerned.

This first bail application has been filed for regular bail in connection with the F.I.R. No. 3 of 2020, registered with the Police Station Mukhteshwar, District Nainital for the offence punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as, "the Act, 1985").

Facts, to the limited extent necessary, are that an F.I.R. was lodged on 19.02.2020 by S.O. Kuldeep Singh that while he was on daily routine duty along with other police personals in order to maintain law & order, an information was received that a person was coming with illicit Charas. The informant informed the Circle Officer of the Police. After that, the applicant came there. He was searched in the presence of the Circle Officer. On search, 750 grams Charas was recovered from his jacket.

The exemption application, to exempt the applicant from filing the affidavit, has been filed by the applicant during COVID-19, pandemic lockdown with short term bail application.

The exemption application is not opposed by the State.

The exemption application is allowed 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 applicant.

The regular bail application no. 546 of 2020 is pending before this Court.

The applicant is in custody since 10.02.2020 in connection with the F.I.R. No. 1 of 2020, registered with the Police Station Baijnath, District Bageshwar, for the offences punishable under Sections 306 and 498-A of the I.P.C.

This first bail application has been filed for regular bail in connection with the Case Crime No. 270 of 2018, registered with the Police Station Kotwali Manglour, District Haridwar for the offences punishable under Sections 420, 323, 504 & 307 of the I.P.C.

On 04.05.2018, the informant lodged an F.I.R. alleging that about two years ago, he came in contact with the present applicant and co-accused Dinesh. They told him that they were in business of sale- purchase of Diamonds through their company "J.J. Company" at Delhi. On instigation, the informant gave money time to time to the accused persons. He gave total Rs. 60,60,000/- to the co-accused persons. They assured to return the money, however, even after two years, his money has not been returned. On 01.03.2018, the informant pressurized the accused persons to return his money, on which, the informant was being called on 03.05.2018 at Ulhera Bagh, where the applicant and co-accused persons abused and threatened him, the present applicant assaulted him through a Balkati and other co-accused persons assaulted with kicks and fists.

----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 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.

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.

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.

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.

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.

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.

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.

Appearance:

Mr. Snehashis Sen, Adv.

...for the petitioner.

The Court : At the instance of the petitioner the matter is appearing today under the heading "To Be Mentioned" for correction of a typographical error crept in the order dated March 11, 2020. By the said order this Court disposed of the application, AP No.49 of 2020.

Let the amount of money mentioned in the third line at the fourth page of the said order dated March 11, 2020 be corrected as Rs.9.8 crore in place and stead of Rs.9.2 crore.

Appearance :

Smt. Jayabati Barick, in person The Court :- Perused the report filed by the Registrar, Original Side of this Court dated 18th March, 2020. It appears from the said report to which a report of the Department of Ophthalmology, IPGME&R-SSKM Hospital, filed in terms of the order dated 12th February, 2020 passed by this Court is enclosed that Nader Chand Barik is having hundred per cent blindness as per Government of India Norms.

It further appears from the Registrar's report that save and except the deposition, all cause papers in the TS 17 of 2017 and TS 1 of 2012 are available. The report further reveals that the Assistant Registrar, Testamentary Department has prayed for passing necessary direction upon various Record 2 Section of the Original Side i.e. Current Record Department, Old Record Department, New building Record (NBR) Department and Central Record Room at Khidderpore to make extensive searches to trace out the original deposition in the aforesaid suit. In my opinion, though specific direction is not required on each of the record sections for searching the record in the said departments as prayed for by the Assistant Registrar, Testamentary Department as indicated in the said report but by way of abundant precaution I pass direction upon the Registrar, Original Side as also Assistant Registrar, Testamentary Department to look for the deposition in the two suits being TS 17 of 2017 and TS 1 of 2012 in all possible places where records are either temporarily or permanently stored and/or kept in this Court premises or outside.

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

In such view of the matter, a strong prima facie case has been made out by the petitioners as to the fixation of dates and time for the general election being mala fide on the part of the respondent no. 4 authorities. The balance of convenience and inconvenience in favour of granting such injunction, since if the election is held and a newly elected body assumes power, the writ petition would be infructuous; on the other hand, in the event the writ petition fails, another date can be fixed for such election, if necessary upon imposition of compensatory costs being awarded against the petitioners.

Although there is a notification of this Court requesting Judges not to take up matters for hearing in the absence of all the parties, since sufficient notice 3 has been given to the respondents and in view of the extreme urgency involved in the matter, the matter is taken up for hearing.

(Through Video Conference) Ms. Banashree Neogi (in person) ...plaintiff no.1 Mr. Megnath Datta, Adv.

...for added defendant no.3 The Court : The plaintiff no.1 appears in person on video conferencing. The added defendant no.3 is represented by Mr. Megnath Datta, Advocate via video conferencing.

It is the allegation of the appearing plaintiff that the principal property involved in this partition and administration suit is under serious threat and trespassers are seeking to enter upon the same. Such position is denied on behalf of the appearing defendant. 2

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.

That another co-owner namely Soma Ghosh resides in the 1st floor South East corner of the said premises. It is come off from the said suit premises that there have three tenants residing since long. One namely Prabir Paul (55) S/o- Late Ajay Paul resides in Ground floor North-West side of the premises. Tenant Krishna Dhar (73) W/o- Late Debabrata Dhar residing south portion of the said premises and Shambhu Das & his brother Alok Das are residing at the front portion 2nd floor of the said building as tenants since long.

In course of present enquiry at the scheduled property i.e. 13, Kaliprosad Chakraborty Street, Kol-03 nothing unusual was found in respect of possessions, occupied by the co-owners and the tenants.

(Through Video Conference) Appearance:

Ms. Banashree Neogi (in person).

Mr. Meghnad Dutta , Adv.

Mr. Arindam Paul , Adv.

... for the added defendant no.3 Mr. D. K. Chandra, Adv.

... for defendant nos.3(i) & 3(ii). The Court: It appears that by the order dated April 16, 2020, the parties were directed to file their respective affidavit in the application filed by the plaintiffs. The said order also records that in view of the subsisting interim order, the petitioners' interest in respect of the suit property is already protected. There was no direction that the application would be appearing before this Court today. This is also not disputed by 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. Leave granted.

2. This appeal challenges the judgment and order dated 12.2.2019 passed by the High Court1 dismissing Letters Patent Appeal No.97 of 2019 1 The High Court of Delhi at New Delhi 2 Civil Appeal No.2379 of 2020 (arising out of SLP (C) NO.5269 of 2019) BCH Electric Limited Vs. Pradeep Mehra and thereby affirming the decision of the Single Judge of the High Court in Writ Petition No.10318 of 2017.

3. By Trust Deed executed on 19.03.1979 between the appellant, a company registered under the Indian Companies Act, 1956 on one hand and three trustees on the other, an “Approved Gratuity Fund” was constituted “for the purpose of providing Gratuities to the employees of the Company under the Payment of Gratuity Act, 1972 (hereinafter referred to as ‘the Act’) and the Gratuity Scheme of the Company”.

Civil Appeal No.5749 OF 2012

1. This appeal by special leave challenges the Judgment and Order dated 11.11.2010 passed by the High Court1 dismissing Income Tax Appeal No.196 of 2000 and thereby affirming the view taken by the Tribunal 2 in I.T.A.Nos. 110/Cal/1999 and 402/Cal/1999 on 04.01.2000.

1 The High Court of Judicature at Calcuttta 2 Income Tax Appellate Tribunal, Calcutta Civil Appeal No. 5749 of 2012 etc. PILCOM vs. C.I.T. West Bengal-VII 2

2. The facts leading to the filing of the proceedings before the Tribunal were set out in the Order dated 04.01.2000 as under:-

1. These Writ Petitions broadly fall in following three categories:-

A] Writ Petition (Civil) No. 936 of 2018 filed by four petitioners, prays for appropriate directions that after the promulgation of Rajasthan Judicial Service Rules, 2010 (“2010 Rules”, for short), all appointments ought to be in conformity with 2010 Rules and allocation of seniority must be in accordance with the Cyclic Order provided in Schedule VII to 2010 Rules. In terms of 2010 Rules, posts in the cadre of District Judges in the Higher Judicial Service in State of Rajasthan were required to be filled up in accordance with quota of 50% for Promotees, 25% for Direct Recruits and 25% by way of Limited Competitive Examination Writ Petition (Civil) No.936 of 2018 etc etc. Dinesh Kumar Gupta & Ors. v. Hon. High Court for Judicature of Rajasthan and Anr.

1. Special leave granted. The parties were heard, with consent of their counsel.

2. These appeals are directed against a common judgment in LPA No. 1200/2013 (in CWJC No. 3640/2013), LPA No. 1170/2013 (in CWJC No. 3740/2013), LPA No. Signature Not Verified 1174/2013 (in CWJC No. 4265/2013) and LPA No. 1352/2013 in CWJC No. 3640/2013) of the Patna High Court, dated 24.06.2015. Digitally signed by DEEPAK SINGH Date: 2020.05.06

3. One set of appeals (arising from SLP(C) Nos. 23202-23204/2015) has 16:03:11 IST Reason:

been preferred by the Bihar Staff Selection Commission (hereafter “BSSC”) and 2 the other set (referred to as “the aggrieved party appellants”) by several aggrieved parties, who were appellants before the Division Bench of the High Court, in four intra-court appeals, which had questioned the judgment and order of a learned single judge. The single judge set aside the results of the main examination, with consequential directions to the BSSC to prepare fresh results of the Graduate Level Combined Examination-2010, in accordance with the directions of the Court in relation to deletion/modification of questions and answers as stipulated in the judgment. The aggrieved party appellants were not party to the writ proceedings, but had been declared selected in terms of the results first published, and subsequently were shown as not qualified under the revised results pursuant to the directions of the Court by the learned single judge. Three appeals to the Division Bench were by candidates who were writ petitioners and had impugned the judgment of the single judge in not granting them full relief in respect of all questions that were challenged. These parties were not selected in the final results declared.

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. 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:

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.

Interim order is extended till the next date.

Page No.# 2/2 JUDGE Comparing Assistant