ee Geeta Devi vs State Of Jharkhand on 7 November, 2024 By indiankanoon.org Published On :: 1. Case called out. No one is present on behalf of the Applicant. 2. Affidavit dated 04.11.2024 has been filed by the Respondent No.3, Central Pollution Control Board bringing on record the Joint Committee Report; the same is taken on record. 3. We find that the Bharat Coking Coal Limited (BCCL) has not been impleaded in the present proceedings as Respondent. We, accordingly direct the Bharat Coking Coal Limited (BCCL) through its Chief Managing Director (CMD) be impleaded in the array of Respondents as Respondent No.5. 4. Issue notice to the newly added Respondent No.5 in the following address, returnable within four weeks: - Full Article
ee Mohammad Tahzeeb vs The State Of Assam And 2 Ors on 11 November, 2024 By indiankanoon.org Published On :: Date : 11.11.2024 1. Heard Mr. B. D. Konwar, learned senior counsel assisted by Mr. H. Agarwal, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State. 2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioner, namely, Mohammad Tahzeeb, impugning the order dated 27.09.2024 as well as 04.10.2024 whereby 308.14 tons of coal, which is claimed to be the property of the petitioner, has been given in custody of the respondent No. 2 and the prayer for giving zimma of the same to the petitioner has been rejected. 3. The learned senior counsel for the petitioner has submitted that the petitioner is the proprietor of Lalpahar Coal Depot, Tinsukia, Assam and operates a lawful business of coal processing and distribution with requisite statutory licenses and authorization including GST registration and NOC from local authorities. Full Article
ee Neeraj Pariyani vs The State Of Madhya Pradesh on 8 November, 2024 By indiankanoon.org Published On :: This is repeat (third) application filed by the applicant under Section 483 of the Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail relating to FIR No.407/2023 registered at Police Station Kotwali District Jabalpur (M.P.) for the offences under Sections 328, 109 of the IPC and Sections 18(c), 27 (b)(i) of the Aushadhi Aur Prasadhan Samagri Adhiniyam, Section 8, 21, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and also under Sections 5/13 of the M.P. Drug Control Act, 1949. Full Article
ee Keshav Murari vs Praveen Kumar on 8 November, 2024 By indiankanoon.org Published On :: This petition under Article 226 of Constitution of India has been filed seeking the following reliefs :- "7.1. This Hon'ble Court may kindly be pleased to set- aside the impugned order dated 18-09-2024 passed by the learned Additional Commissioner, Narmadapuram, Division Narmadapuram, in Case No. 132/Appeal/2024-2025. 7.2. This Hon'ble Court may kindly be pleased to direct the respondents to get mutate the name of petitioner in the revenue records on the basis of registered will dated 02-05-2011. 7.3. Any other writ/direction deem fit and proper and fact and circumstance of the case. Full Article
ee Sanjeev Kumar Thiwari vs State Of Kerala on 8 November, 2024 By indiankanoon.org Published On :: This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the second accused in Crime No. 751/2014 of the Perumbavoor Police Station, which is registered against two accused persons for allegedly committing the offences punishable under Sections 302, 201, 202, and 212 of the Indian Penal Code. The petitioner was originally arrested on 03.03.2014 and he was enlarged on bail on 14.03.2014. However, during the committal stage, the petitioner had absconded. Thereafter, the petitioner was re-arrested on 08.08.2024, and remanded to judicial custody. 2. The essence of the prosecution case is that: on 20.02.2014, at around 2:30 hours, the first accused committed the murder of one Mukesh. Thereafter, the first accused caused the disappearance of evidence by 2024:KER:83235 throwing his clothes into the river. The second accused, who is also a native of Bihar like the first accused, who had the knowledge that the first accused had committed the above crime, intentionally omitted to give the information regarding the commission of the offences to the police, and he harboured the first accused. Thus, the second accused has committed the offences under Sections 202 and 212 of the IPC. Full Article
ee Najeeb Rahman vs Additional Commissioner Of Customs on 8 November, 2024 By indiankanoon.org Published On :: [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; Full Article
ee M/S.Sree Gokulam Chit & Finance Co.(P) vs P.R.Balakrishnan on 8 November, 2024 By indiankanoon.org Published On :: 1 .R.BALAKRISHNAN, S/O.P.N.RAMAKRISHNAN RAO P PARTNER, M/S.WOODLANDS JEWELLERS, WOODLAND JUNCTION, M.G.ROAD, ERNAKULAM,, KOCHI-16. 2 /S.WOODLANDS JEWELLERS, M KOCHI-16. 3 TATE OF KERALA, REPRESENTED BY S THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 1 & R2 BY ADVS. R SRI.JOHN BRITTO SRI.C.A.RAJEEV R3 BY PUBLIC PROSECUTOR SMT.SEENA C. THIS CRIMINAL APPEALHAVING BEEN FINALLY HEARD ON 30.10.2024, THE COURT ON 08.11.2024 DELIVERED THE FOLLOWING: CRL.A NO. 1029 OF 2008 2 2024:KER:82742 "CR" J U D G M E N T The complainant in CC No.238 of 2002 on the file of Additional Chief Judicial Magistrate, Ernakulam, filed this appeal challenging acquittal of the accused, under Section 138 of the Negotiable Instruments Act (hereinafter referred as 'the NI Act'), as per judgment dated 31.05.2007. 2. The complainant, M/s.Sree Gokulam Chit & Finance Company,isaPrivateLimitedcompanyhavingitsregistered office at Chennai and a branch office at MG Road, Ernakulam. The complainant is represented by its power of attorney holder, who is the Assistant Manager of that company.Heisempoweredtoinstitutethecomplaintandto give evidence. The 2nd accused is M/s.Woodlands Jewellers and the1staccusedisitspartner.Rs.2,13,000/-wasdueto the complainant, from the accused, towards future instalments of kuri transactions, whichthe2ndaccusedhad subscribed with the complainant-company. Towards dischargeofthatdebt,the1staccusedissuedExt.P2cheque dated 14.12.2001, assuring that, it would be encashed on CRL.A NO. 1029 OF 2008 3 2024:KER:82742 presentation before the Bank. The complainant presented that cheque for collection but it was dishonoured for the reason, 'A/c transferred to suit file. No Balance.', as per Ext.P3 memo. Complainant sent Ext.P5 registered lawyer notice to the accused, and inspiteofreceiptofnotice,they did not repay that amount, though a reply was sent with untenable contentions. Hence the complaint. 3. After taking cognizance and on appearance of the accused before the trial court, particulars of offence were read over and explained, to which, they pleaded not guilty andclaimedtobetried.Thereupon,PW1wasexaminedand Exts.P1toP10andP10(a)weremarkedfromthesideofthe complainant. On closure of complainant's evidence, the accused were questioned under Section 313 of Cr.P.C. They denied all the incriminating circumstances brought out in evidence and according to them, they subscribed chitty conducted by the complainant, which was terminated on 12.11.1998. They paid the entire amount due, and thereafter their passbook was closed. Ext.P2 cheque was CRL.A NO. 1029 OF 2008 4 2024:KER:82742 given by the accused, as a blank one, only as a security, when he bid the chitty. After closing the chitty,theaccused demanded back the blank cheque given as security, but it was not returned, saying that it was kept intheheadoffice at Madras. No defence evidence was adduced. 4.Onanalysingthefactsandevidence,andonhearing the rival contentions from either side, the trial court acquitted the accused, finding that the complaint was not properly instituted, as PW1-Assistant Manager was not properly authorised to filethecomplaintortogiveevidence on behalf of the company. Moreover, the complainant failed to prove that, Ext.P2 cheque was issued towards discharge of a legally enforceable debt. Aggrieved by the acquittal of the accused, the complainant has preferred this appeal. 5. Heard learned counsel for theappellantandlearned counsel for the respondents. 6. Learned counsel for the appellant would contend that, since the complainant is a Private Limited company, which is an incorporeal body, only an employee or CRL.A NO. 1029 OF 2008 5 2024:KER:82742 representativeofthecompanycanpreferthecomplaint.The company becomes a de jure complainant and its employee or other representative representing the company in the criminalproceedingsbecomesthedefactocomplainant.Ina complaint, with regard to dishonour of a cheque issued in favour of a company, for the purpose of Section 142 of the NI Act, the company will be the complainant, and for the purpose of Section 200 of the Criminal Procedure Code, its employee,whorepresentsthecompany,willbethedefacto complainant. A company can be represented by an employee, or even by a non-employee authorised and empowered, to represent the company by a resolution or a power of attorney. 7. According to the appellant, Ext.P8 extract of the resolution empowered PW1-Sri.A.T.K.Ajayan, who was the Assistant Manager ofthecompany,tofilethecomplaintand to give evidence. Ext.P8 is the extract from the minutes,of the proceedings of the Board of Directors meeting, held on 14.09.2000, at its corporate office at Chennai, which CRL.A NO. 1029 OF 2008 6 2024:KER:82742 authorisedtheAssistantManagerSri.A.T.K.Ajayan,todothe following acts: '( 1) Toinstitute,commence,prosecute,carryonor defend any suit or legal proceeding, (2)Tosignandverifyallplaints,writtenstatements and other pleadings, applications, affidavits, petitions or documents and produce them before any Court, (3) To appoint, engage and instruct any solicitor, Advocate or Advocates to act and plead and other wise conduct the case on behalf of the Company and to sign any Vakalathnama or other authority in this regard, (4) To give evidence on behalf of the Company in any Court of law, and (5) To do all other lawful acts,deedsandthingsin connectionwithfilingofanysuitandconducting anylegalproceedingsinanycourtoflawandto withdraw the case on behalf of the Company.' CRL.A NO. 1029 OF 2008 7 2024:KER:82742 8. Learned counsel for respondents 1 and 2 would contendthat,Ext.P8extractoftheminutesisnotadmissible in evidence and the minutes has to beprovedbyproducing theoriginal.HewouldrelyonadecisionoftheHighCourtof Judicature at Bombay in Ashish C. Shah v. M/s. Sheth DevelopersPvt.Ltd.&Othersreportedin[CDJ2011BHC 339:2011 KHC 6506], to say that, Section 194 of the Companies Act provides that, the minutes of meetings kept in accordance with the provisions of Section 193, shall be evidence of the proceedings recorded therein. No provision intheCompaniesActwasbroughttothenoticeofthatcourt which provides that, certifiedcopyorextractoftheminutes would be admissible in evidence, without proof of the original. Section 65(f) of the Evidence Act provides that, secondary evidence may be given, of the existence, conditionandcontentsofthedocument,whentheoriginalis the document, of which a certified copy is permitted bythe Evidence Act or by any other law in force in India, to be given in evidence. He would rely on another decisionofthe CRL.A NO. 1029 OF 2008 8 2024:KER:82742 Delhi High Court in Escorts Ltd. v.SaiAutosandOthers [1991 Company Cases Volume 72 Page 483] to say that, copy of resolution was not enough and the original of the minutes book, containing the resolution reliedon,hastobe brought to the court. 9. Section 119 of the Companies Act, 2013 which correspondstoSection196oftheCompaniesAct,1956says that,thebookscontainingtheminutesoftheproceedingsof any generalmeetingofacompanyorofaresolutionpassed by postal ballot shall be kept at the registered office of the company,anditshallbeopenforinspectionbyanymember during business hours and if any member make a request, for a copy of the minutes,itshallbefurnishedwithinseven days, onpaymentofprescribedfees.So,Section119ofthe Companies Act provides for copy of the minutes, and moreover, learned counsel for the appellant would saythat, copy of every resolution shall be sent to the Registrar for recording the same within 30 days of passing the same. Moreover, as per Section 54 of the Companies Act, 1956, a CRL.A NO. 1029 OF 2008 9 2024:KER:82742 document which requires authentication by a company may be signed by adirector,themanager,thesecretaryorother authorisedofficerofthecompany,andneednotbeunderits common seal. So, accordingtotheappellant,Ext.P8extract oftheminutes,whichcontainstheresolutionauthorisingthe Assistant Manager to file criminal or civil cases or to give evidenceetc.,signedbythedirectorofSreeGokulamChit& Finance Co.(P)Ltd.,wassufficientauthorityforPW1,tofile the complaint and to give evidence, on behalf of the company. 10. Learned counsel for the respondents would point outthat,Ext.P8wasnotproducedalongwiththecomplaint, and it was produced subsequently after questioning the accusedunderSection313ofCr.P.C.Relyingonthedecision M. M. T. C. Ltd. v. Medchil Chemicals And Pharma (P) Ltd. [2002 KHC 241], learned counsel for the appellant contended that, even if there was no authority initially, still thecompanycanrectifythatdefect,atanystage.Inpara12 of that judgment, we read thus: CRL.A NO. 1029 OF 2008 10 2024:KER:82742 "It has been held that if a complaint is madeinthe name of an incorporeal person (like a company or corporation) it is necessary that a natural person representssuchjuristicpersoninthecourt.Itisheld that the court looks upon the natural person to be the complainant for all practical purposes. It is held that when the complainant is a body corporate it is the de jure complainant, and it must necessarily associate a human being as defactocomplainantto represent the former in court proceedings. It has further been held thatnoMagistrateshallinsistthat theparticularperson,whosestatementwastakenon oath at the first instance, alone can continue to represent the company till the end of the proceedings. It has been held that there may be occasions when different persons can represent the company. It has been held that it is open to the de jure complainant companytoseekpermissionofthe court for sending any other person to represent the company in the court. Thus, even presuming, that initially there was no authority, still the company can, at any stage, rectify that defect. At a subsequent stage the company can send a person who is competent to represent the company. The complaintscouldthusnothavebeenquashedonthis ground." 11. In the decision, Bhupesh Rathod v. Dayashankar Prasad Chaurasia and Another[2 021 (6) CRL.A NO. 1029 OF 2008 11 2024:KER:82742 KHC 368], Hon'ble Apex Court held that, even if there was no authority initially, the company can at any stage rectify that defect by sending a competent person. In that case, copy of the board resolution was filed along with the complaint. An affidavit was brought on record by the company, affirming the factum of authorisation in favour of the Managing Director. Hon'ble Apex Court accepted the copy of board resolution, to find thattheManagingDirector was authorised to file complaint in the Court and to attend all such affairs which maybeneededintheprocessoflegal actions. Paragraphs 23 and 24 of that judgment read thus: "2 3. It is also relevant to note that a copy of the Board Resolutionwasfiledalongwiththecomplaint.Anaffidavit had been brought on record in the Trial Court by the Company, affirming to the factum of authorisation in favouroftheManagingDirector.AManageroraManaging Directorordinarilybytheverynomenclaturecanbetaken tobethepersonin-chargeoftheaffairsCompanyforits day - to - daymanagementandwithintheactivitywould certainlybecallingtheactofapproachingtheCourteither under civil law or criminal law for setting the trial in motion (Credential Finance Ltd. v. State of Maharashtra, 1998(3)MahL J805).Itwouldbetootechnicalaviewto take to defeat the complaint merely because the bodyof CRL.A NO. 1029 OF 2008 12 2024:KER:82742 the complaint does not elaborate upon the authorisation. The artificial person being the Company had to act through a person / official, which logically would include the Chairman or ManagingDirector.Onlytheexistenceof authorisation could be verified. 24.Whileweturntotheauthorisationinthepresentcase, itwasacopyand,thus,doesnothavetobesignedbythe BoardMembers,asthatwouldformapartoftheminutes of the Board meeting and not a true copy of the authorisation. We also feel that it has been wrongly concludedthattheManagingDirectorwasnotauthorised. If we peruse the authorisation in the form of a certified copyoftheResolution,itstatesthatlegalactionhastobe taken against the respondent for dishonour of cheques issued by him to discharge his liabilitiestotheCompany. To this effect, Mr. Bhupesh Rathod / Sashikant Ganekar were authorised to appoint advocates, issue notices through advocate, file complaint, verifications on oath, appointConstituentattorneytofilecomplaintintheCourt and attend all such affairs which may be needed in the process of legal actions. What more could be said?" 12. Obviously Hon'bleApexCourtacceptedcopyofthe resolutiontofindthefactumofauthorisationinfavourofthe Managing Director. 13.Inthecaseonhand,PW1-AssistantManagerofthe complainant-companyfiledthecomplaintandgaveevidence CRL.A NO. 1029 OF 2008 13 2024:KER:82742 on behalf of the company. Ext.P8 extract of the minutes shows that, the board of directors authorised him to do so. Thefactthatonlyextractoftheminutesbookwasproduced, without producing the original, or that Ext.P8 wasproduced at a belated stage, etc., will not take away that right from him. So, he could have filed the complaint and given evidence also on behalf of the company, on the strength of the resolution by the boardofdirectors,anextractofwhich was produced as Ext.P8. 14.Learnedcounselfortherespondentswouldcontend that, Ext.P9 power of attorney was not executed or authenticated by theNotaryPublicandso,itcouldnothave been accepted to draw power for PW1, tofilethecomplaint or to give evidence. According to him, the two ingredients contained in Section 85 of the Evidence Act viz. execution before the Notary Public and the authentication by the Notary Public are very essential. The words 'executed before', and 'authenticated by', are the two conditionstobe satisfied in order to attract the presumption under Section CRL.A NO. 1029 OF 2008 14 2024:KER:82742 85 of the Evidence Act.HewouldrelyonthedecisionBank of India v. M/s. Allibhoy Mohammed and Others reported in [AIR 2008 BOMBAY 81], to support his argument.Inparagraph 18 of that judgment, we read thus: "18. Let me turn to the Legal Provisions; namely, Section 85 of the Evidence Act which lays down that the Court shall presume due execution and authentication of power of attorney when executed before, and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Counsel or it's Vice Counsel or representative of theCentralGovernment, etc. This presumption is available in favour of the originalPowerofAttorneyholderprovidedmandateof Section 85 is duly followed." 15. In the case on hand, though the original power of attorneyisproducedandmarkedasExt.P9,itdoesnotshow that it was executed by the complainant in presence of the Notary Public, and there is no authentication by the Notary Public, that it was executed before her. So, there is some forceintheargumentputforwardbylearnedcounselforthe respondents, that Ext.P9 power of attorney cannot be accepted,forwantofproperexecutionandauthenticationas CRL.A NO. 1029 OF 2008 15 2024:KER:82742 envisaged under Section 85 of the Evidence Act. 16. Learned counsel for the appellant would submit that,evenifthepowerofattorneyisignored,thenalso,the complaint is filed by an officer of the company and he was authorised as per board resolution dated 14.09.2000, the extract of which was marked as Ext.P8. So, this Court is of the view that, though Ext.P9 power of attorney was not liable to be accepted, being the officer of the company, authorised by board resolution dated 14.09.2000, PW1 was empowered to file the complaint and to give evidence. 17.Learnedcounselfortheappellantwouldsaythat,if the accused was disputing the authority of the complainant tofilethecomplaintortogiveevidence,itwasopenforhim to dispute andestablishthesameduringthecourseoftrial. Hon'ble Apex Court in TRL Krosaki Refractories Ltd. (M/s.) v. M/s. SMS Asia Pvt. Ltd. and Another [2022 (2) KHC 157:2022 (1) KLT OnLine 1043 (SC)] made that position clear, by holding that, when thecomplainant/payee is a company, an authorized employee can represent the CRL.A NO. 1029 OF 2008 16 2024:KER:82742 company. Such averment and prima facie material is sufficient for the learned Magistrate to take cognizance and to issue process. If at all there is any serious dispute with regard to the person prosecuting the complaint not being authorized, or if it is to bedemonstratedthatapersonwho filed the complaint has noknowledgeofthetransactionand assuchthatpersoncouldnothaveinstitutedandprosecuted the complaint, it would be open for the accused to dispute thepositionandestablishthesameduringthecourseofthe trial. 18. Though the respondents were disputing the authority of PW1, vide Ext.P8 extract of the resolution as wellasExt.P9powerofattorney,theydidnottakeanysteps to establish that position, during trial.So,thefindingofthe trialcourt,thatPW1wasnotauthorizedtofilethecomplaint and to give evidence on the basis of Ext.P8 extract of the resolution, is liable to be set aside. 19.Comingtothefactsofthecase,learnedcounselfor theappellantwouldsubmitthat,therespondentssubscribed CRL.A NO. 1029 OF 2008 17 2024:KER:82742 seven kuries of Rs.5,00,000/- each, with the appellant company, andtheyauctionedthatkurion14.02.1997.They defaulted payment of future instalments, and towards discharge of that liability, the 1st respondent issued Ext.P2 cheque dated 14.12.2001 for an amount of Rs.2,13,000/-. When that cheque was presented before Bank, it was returned dishonoured for the reason 'A/c transferred to suit file. No balance.' The respondents are not disputing the signatureinExt.P2chequeortheissuanceofthatchequeto the appellant. All statutory formalities to bring home an offence punishable under Section 138 of the NI Act was complied with. Moreover, the presumptions available under Sections 118 and 139 of the NI Act will come to the aid of the appellant to show that, Ext.P2 cheque was issued towards discharge of a legally enforceable debt. So, according totheappellant,learnedtrialcourtwentwrongin acquitting the accused. 20. The respondents would contend that, when they auctioned the kuri with the appellant, as a security for the CRL.A NO. 1029 OF 2008 18 2024:KER:82742 balance instalments, Ext.P2 cheque was given as a blank signed cheque, and even after they paid the future instalments fully, and closed the kuri, the blank cheque entrustedwiththeappellantwasnotreturned. Onlytosee, whether they could extract some more money from the respondents, they filed a false complaint, misusing that blank cheque. 21.RelyingonthedecisionoftheHon'bleApexCourtin Bir Singh v. Mukesh Kumar[(2019) 4 SCC 197], learned counsel for the appellant would argue that, even a blank cheque leaf, voluntary signed and handed over by the accused, which is towards some payment, would attract presumptionunderSection139oftheNIAct,intheabsence of any cogent evidence to show that the cheque was not issued in discharge of a debt. Paragraphs 33 to 36 of that judgment read thus: "33. A meaningful reading of the provisions of the Negotiable Instruments Act including, in particular, Sections 20, 87 and 139, makes it amply clear that a person who signs a cheque and makes it over to the payeeremainsliableunlessheadducesevidencetorebut CRL.A NO. 1029 OF 2008 19 2024:KER:82742 the presumption that the cheque had been issued for payment of a debt or in discharge of a liability. It is immaterial that the cheque may have been filled in by any person other than the drawer, if the cheque is duly signed by the drawer. If the cheque is otherwise valid, the penal provisions of Section 138 would be attracted. 34.Ifasignedblankchequeisvoluntarilypresentedtoa payee,towardssomepayment,thepayeemayfillupthe amount and other particulars. This in itself would not invalidate the cheque. The onus would still be on the accusedtoprovethatthechequewasnotindischargeof a debt or liability by adducing evidence. 35.Itisnotthecaseoftherespondent-accusedthathe either signed the cheque or parted with it under any threat or coercion. Nor isitthecaseoftherespondent- accused thattheunfilledsignedchequehadbeenstolen. The existence of a fiduciary relationship between the payeeofachequeanditsdrawer,wouldnotdisentitlethe payee to the benefit of the presumption under Section 139oftheNegotiableInstrumentsAct,intheabsenceof evidence of exercise of undue influence or coercion.The second question is also answered in the negative. 36. Even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the NegotiableInstrumentsAct,intheabsenceofany cogent evidence to showthatthechequewasnotissued in discharge of a debt." CRL.A NO. 1029 OF 2008 20 2024:KER:82742 22. The respondents are not disputing issuance of Ext.P2chequetotheappellant,thoughaccordingtothem,it wasissuedasablanksignedcheque.Theyarenotdisputing the fact that they auctioned the kuri which they subscribed with the appellant and future instalments were to be paid, evenafterauctioningthekuri.Obviously,Ext.P2chequewas issuednotunderanythreatorcoercion,andevenaccording totherespondents,itwasissuedasasecurityforthefuture instalmentstobepaidinthekuri,whichtheyhadauctioned. In Moideen v. Johny [2006 KHC 1055], this Court held that, even if a blank cheque was issued as a security, the person in possession of the blank cheque, can enter the amount of the liability and present it to the bank. When a blank cheque is issued by one to another, it gives an authority on the person, to whom itisissued,tofillitupat the appropriate stage, with the necessaryentitiesregarding the liability, and to present it to the bank. In the event of dishonour of that cheque, the accused cannot be absolved from his liability. CRL.A NO. 1029 OF 2008 21 2024:KER:82742 23.Anothercontentiontakenupbylearnedcounselfor the respondents is that, the appellant did not produce the account books of the chitty to show that Rs.2,13,000/-was due from them. Learned counsel for the appellant would submit that, production of account books etc. may be relevant in a civil court, but as far as a criminalcaseunder Section138oftheNIActisconcerned,thereispresumption in favour of the holder of the cheque, and so the burden is upon the respondentstorebutthatpresumption.Shewould rely on a decision of the Hon'ble Apex CourtinChandelD. K.v.M/s.WockhardtLtd.andAnother[2020KHC6204] which says that production of the account books/cash book may be relevant in a civil court; but may not be so, in the criminal case filed under Section 138 of NI Act, because of the presumption raised in favour of the holder of the cheque. 24. The respondents are not disputing the fact that they had subscribed kuries with the appellant company. Ext.D1 passbook shows that the kuri commenced on 12.11.1996, and it was terminated on 12.11.1998. In the CRL.A NO. 1029 OF 2008 22 2024:KER:82742 first page of that passbook, a 'PAID' seal is found with the date14.02.1997.Accordingtotheappellant,itwasthedate onwhichthatkuriwasauctionedbytherespondents. Inthe 10th page of that passbook,thereisanendorsementinred ink, as 'c losed 14.12.1998'. So according to the respondents, the endorsement 'c losed 14.12.1998' andthe 'PAID' seal on the first pageofthepassbook,willshowthat he had paid the entire amount due under that kuri and so, no amount was due, so as to issue Ext.P2 cheque. 25. Learned counsel for the appellant would contend that,ifthekuriwasclosedon14.12.1998,thepassbookwill show the seal 'c losed', just like the 'PAID' seal in the first page. Since the kuri was auctioned by the respondents, definitely there would have been future instalments, to be paid monthly, till the termination of that kuri. When the respondents are alleging discharge of the entire kuri instalments duetotheappellant,itistheirburden,toprove itwithcogentevidence.Theycouldhaveverywellcalledfor the Registers pertaining to the kuri to show that the entire CRL.A NO. 1029 OF 2008 23 2024:KER:82742 amount has been paid by them. Learned counsel for the appellant would say that, since Ext.D1 passbook was in the custody of the respondents, they themselves might have made the red ink entry 'c losed 14.12.1998'. Since Ext.D1 passbook was with the respondents, the manipulation as alleged by the appellant cannot be ruled out. Learned trial court seems to have been carried away by the 'PAID' seal seen on the first page of Ext.D1 passbook to find that, the entire dues of the kuri was paid off by the respondents. Obviously, that 'PAID' seal was regarding payment by the company, when the kuri was auctioned by the respondents. 26.Learnedcounselfortherespondentswouldcontend that, on receipt of Ext.P5 lawyer notice, they sent Ext.D2 reply notice disowning theliabilityanddisputingissuanceof the cheque. But the appellant produced Ext.P10 notice sent by the respondents on receipt of Ext.P5 notice. In Ext.P10 notice, it was stated that the respondents were facing financial difficulties and they were making every effort to raise funds to settle the account. But, learned counsel for CRL.A NO. 1029 OF 2008 24 2024:KER:82742 the respondents would say that, they never sent Ext.P10 replynoticetotheappellant.ButExt.P10(a)postalcoverwill show that, it was sent by the respondents to Adv.Sri.K.S.Babu, who sent Ext.P5 notice. Ext.D2 notice as well as Ext.P10noticeareonthesamedayi.e.10.01.2002. But Ext.D2 was addressed to the appellant directly. The postalreceiptoracknowledgementcardofExt.D2noticewas not produced by the respondents. Since Ext.P5 notice was sent by an advocate, normally the reply also should have been given to that advocate. Ext.P10 notice along with Ext.P10(a) cover seem to be more reliable. On going through Ext.P10 notice, it could be seen that, the respondents were admitting their liability to certain extent, towards the balance amount due on prized chits. 27.Advertingtotheaforesaidfactsandcircumstances, this Court is of the view that, the trial court went wrong in acquitting the accused. So,theimpugnedjudgmentisliable to be set aside. There is evidence to show that Ext.P2 cheque was issued towards discharge of a legally CRL.A NO. 1029 OF 2008 25 2024:KER:82742 enforceable debt, and that cheque was dishonoured for the reason'A/ctransferredtosuitfile.Nobalance.'Theappellant had complied with all the statutory formalities in order to attract an offence punishable under Section 138 of the NI Act.ThecomplainantwasauthorizedasperExt.P8extractof the resolution, to file the complaint and to give evidence. The respondents failed to rebut the presumptions available in favour of the appellant, under Sections 118 and 139 of the NI Act. So, respondents 1 and 2 are found guiltyunder Section 138 of the NI Act. 28. As per Section 141 of the NI Act, if the person committing an offence under Section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Section 141(2) of the NI Act reads thus: CRL.A NO. 1029 OF 2008 26 2024:KER:82742 "141. Offences by companies. -- (1) xxx xxx xxx (2)Notwithstandinganythingcontainedinsub-section(1), where any offence under thisAct,hasbeencommittedby a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes, of this section,-- (a) "company"meansanybodycorporateandincludesa firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm." 29. In the case on hand, the 2nd respondent is a partnership firm and the 1st res Full Article
ee Lineesh T B vs State Of Kerala on 8 November, 2024 By indiankanoon.org Published On :: The application is filed under Sec.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, 'BNSS') by the 4th accused in Crime No.376/2024 of the Maradu Police Station, Ernakulam, which is registered against six accused persons, for allegedly committing the offences punishable under Sections 22(c), 20(b)(ii) (A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act') and Section 6(b) r/w Section 24 of the COTPA Act. The petitioner was remanded to judicial custody on 20.03.2024 2. The prosecution case, in brief, is that: the accused 1 to 6 had hatched a conspiracy to procure narcotic drugs and psychotropic substance to make illegal profit. Accordingly, the 1st accused received Rs.1,50,000/- from the 5th accused and went in a car BAIL APPL. NO. 6026 OF 2024 2024:KER:83332 bearing registration No.KL-07-CA-4056 to Bangalore and purchased 180 grams of MDMA from the 6 th accused. After the accused 1 to 3 returned back to Kerala with the contraband article, they handed over 80 grams of MDMA to the 4th accused. They also proposed to give 100 grams of MDMA to the 5 th accused for the money he paid the 1st accused. While the 1st accused was traveling in the car with 100 grams of MDMA, 4 grams of ganja and Hans, to hand over the same to the 5th accused, the Detecting Officer intercepted the vehicle at Maradu, Ernakulam and seized 101.09 grams of MDMA from the car. Thus, the accused have committed the above offences. Full Article
ee Meher Foundations And Civil Engineers ... vs Spml Infra Limited (Subhas Projects Amd ... on 11 November, 2024 By indiankanoon.org Published On :: The Court :The affidavit of service is taken on record. This is an application under Section 11 of the Arbitration and Conciliation Act, 1966 (hereinafter referred to as the 'said Act'). The petitioner was engaged by the respondent to execute some piling work. The petitioner contends that the work could not be completed as NTPC had stopped the petitioner from carrying out the same on account of certain disputes between NTPC and the respondent. It is submitted that non- payments of the amounts due and other disputes between the petitioner and the respondent could not be resolved as a proceeding was before an arbitrator for resolution of a dispute between NTPC and the respondent. The petitioner claims to have also approached NTPC and were allegedly informed that the claim of the petitioner would be liquidated by the respondent as the money awarded by the arbitrator in the arbitration proceedings between the respondent and NTPC, had been paid to the respondents.The petitioner had invoked the arbitration clause and the respondent replied to the notice, thereby denying the claim of the petitioner. The respondent suggested the name of a learned Retired Judge to act as the sole arbitrator, in response to the notice invoking arbitration. In reply to such letter, the petitioner suggested the names of three learned Retired Judges. Full Article
ee Balwinder Singh Alias Deepa vs State Of Punjab on 8 November, 2024 By indiankanoon.org Published On :: 1. Relief Sought The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for the grant of regular bail to the petitioner in FIR No. 07, dated 07.02.2024, under Sections 22, 29 of NDPS Act, 1985, registered at Police Station Talwandi Chaudharian, District Kapurthala. 2. Facts Facts as narrated in the FIR reads as under:- "Statement of ASI Nirmal Singh 51/Kpt: Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Stated that I was on duty at Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Today I alongwith ASI Parvinder Singh 1517/Kpt, ASI Kanwaljit Singh 1539/Kpt were checking vehicles at Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Then from side of Mundi Maur one motorcycle was seen coming and three persons with cut hair were riding the same. They were signaled to stop on seeing the naka of police they threw the 1 of 7 Neutral Citation No:=2024:PHHC:146061 motorcycle and tried to run back. The driver of the motorcycle from the pocket of his pant, the person sitting in the middle from the pocket of his pyjama and the person sitting at the end from the pocket of his pant took out one transparent polythene bag and threw the same on the side of the road and therein orange colored tablets were clearly visible. They were apprehended and their names and address was inquired. The driver of the motorcycle disclosed his name as Balwinder Singh @ Deepa son of Swaran Singh R/o village Hamira P.S. Subhanpur. The person sitting in the middle disclosed his name as Manjit Singh @ Katta son of Vaid Singh Resident of Hamira P.S. Subhanpur. The person sitting at the last disclosed his name as Gurnam Singh @ Gama son of Sewa Singh R/o Phulra P.S. Bhaini Mian Khan District Gurdaspur. I being local rank ASI cannot carry out proceedings under the NDPS Act. Therefore, I had given information at P.S. Talwandi Chaudhrian through phone to send investigating officer. You alongwith police party have reached at the spot. The polythene bags thrown by Balwinder Singh @ Deepa, Manjit Singh @ Katta and Gurnam Singh ® Gama are lying as it is. I have given my statement to you and same is correct." Full Article
ee Vijay Singh Jakhar vs Haryana Employees State Insurance ... on 6 November, 2024 By indiankanoon.org Published On :: 1. The instant petition has been filed by the petitioner under Section 482 Cr.P.C seeking quashing of criminal complaint No.31-II dated 18.01.2016 titled as Employees State Insurance Corporation Vs. Vijay Singh Jakhar and another (Annexure P-1) filed under Section 85 (a) of the Employees State Insurance Act 1948 (in short, 'Act of 1948') and summoning order dated 18.01.2016 (Annexure P-2) passed by the Court of Chief Judicial Magistrate, Hisar and all the consequential proceedings arising thereof. 2. The brief facts of the case are that Employees State Insurance Corporation (in short 'ESIC') filed criminal complaint Annexure P-1 against the petitioner and M/s Jaat Senior Secondary School, Hisar under Section 85 (a) of the Act of 1948 wherein it was alleged that petitioner is 1 of 7 Neutral Citation No:=2024:PHHC:145123 CRM-M-1189-2017 [2] proprietor and principal employer of M/s Jaat Senior Secondary School, Hisar in terms of Sections 2(17) and 86-A of the Act 1948. The accused failed to pay any contribution as required under Sections 39, 40 (1), 43 and 44 of the Act of 1948 read with Regulation 26 of the Employees State Insurance (General) Regulation 1950, for the contribution period ending 04/2011 to 03/2013 and thus, the accused have committed offence punishable under Section 85 (a) of the Act of 1948. The necessary sanction for prosecution required under Section 86 (1) of the Act of 1948 is taken from the competent authority before filing the complaint Annexure P-1, which was filed through S.S.O, ESIC, Hisar. On presentation of the complaint, the Court of Chief Judicial Magistrate, Hisar took cognizance and as the complaint was filed by the complainant in his capacity as a public servant, recording of preliminary evidence was dispensed with and petitioner and M/s Jaat Senior Secondary School, Hisar were summoned under Section 85(a) of the Act of 1948 vide order Annexure P-2 dated 18.01.2016. Full Article
ee Amandeep Singh Alias Boban vs State Of Punjab on 8 November, 2024 By indiankanoon.org Published On :: 1. Relief Sought This petition has been filed under Section 483 BNSS, 2023 for grant of regular bail to the petitioner in Case FIR No. 69 Dated 02.03.2023 registered under Sections 302, 364, 201, 406, 420, 120-B IPC at Police Station City Kharar District SAS Nagar (Mohali). 2. Prosecution story set up in the present case as per the version in the FIR reads as under :- 'Statement of Gagan Kumar Son of Paramjit Singh Resident of House No.-2213/55 C New Vijay Nagar Street No-3 Tajpur Road, Ludhiana, District Ludhiana aged about 26 years, stated that I am a resident of the aforesaid address and working in a private job at Ludhiana. My brother-in-law Rajinder Singh son of Hardev Singh Village Post Office Mahauli Khurd Police Station Sandour District Malerkotla (aged about 33-34 years) who used to work for car sales and exchange at Kharar who lived on rent at Sri Krishna Dairy Sante Majra Colony Kharar near Swaraj Nagar that on dated 18-2- 2023 my brother-in-law came back from Gurgaon Haryana. With whom I spoke on the phone, who told me that I will come to 1 of 8 Neutral Citation No:=2024:PHHC:145880 Ludhiana on Monday. Full Article
ee Vijay Singh Jakhar vs Haryana Employees State Insurance ... on 6 November, 2024 By indiankanoon.org Published On :: 1. The instant petition has been filed by the petitioner under Section 482 Cr.P.C seeking quashing of criminal complaint No.32-II dated 18.01.2016 titled as Employees State Insurance Corporation Vs. Vijay Singh Jakhar and another (Annexure P-1) filed under Section 85 (e) of the Employees State Insurance Act 1948 (in short, 'Act of 1948') and summoning order dated 18.01.2016 (Annexure P-2) passed by the Court of Chief Judicial Magistrate, Hisar and all the consequential proceedings arising thereof. 2. The brief facts of the case are that Employees State Insurance Corporation (in short 'ESIC') filed criminal complaint Annexure P-1 against the petitioner and M/s Jaat Senior Secondary School, Hisar under Section 1 of 7 Neutral Citation No:=2024:PHHC:145104 CRM-M-614-2017 [2] 85 (e) of the Act of 1948 wherein it was alleged that petitioner is proprietor and principal employer of M/s Jaat Senior Secondary School, Hisar in terms of Sections 2(17) and 86-A of the Act 1948. The accused have failed to submit the return of contribution as required under Sections 39, 40 (1), 43 and 44 of the Act of 1948 read with Regulation 26 of the Employees State Insurance (General) Regulation 1950, for the contribution period ending 04/2011 to 03/2013 and thus, the accused have committed offence punishable under Section 85 (e) of the Act of 1948. The necessary sanction for prosecution required under Section 86 (1) of the Act of 1948 is taken from the competent authority before filing the complaint Annexure P-1 which was filed through S.S.O, ESIC, Hisar. On presentation of the complaint, the Court of Chief Judicial Magistrate, Hisar took cognizance and as the complaint was filed by the complainant in his capacity as a public servant, recording of preliminary evidence was dispensed with and petitioner and M/s Jaat Senior Secondary School, Hisar were summoned under Section 85(e) of the Act of 1948 vide order Annexure P-2 dated 18.01.2016. Full Article
ee Harpreet Singh vs State Of Punjab And Others on 6 November, 2024 By indiankanoon.org Published On :: 1. Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari for setting aside the impugned order dated 14.10.2024, whereby the election(s) for the post of Sarpanch of Gram Panchayat Pona, Cluster No.4, Block Jagraon, District Ludhiana, has been cancelled just few hours before the start of polling, thus inter alia on the ground, that the same is illegal, arbitrary and against the principles of natural justice, as the petitioner has been condemned unheard, besides is beyond jurisdiction. The petitioner further seeks the making of a mandamus, thus directing the official respondents to immediately hold the elections for the post of Sarpanch of Gram Panchayat Pona, Cluster No.4, Block Jagraon, District 1 of 21 Neutral Citation No:=2024:PHHC:146136-DB Ludhiana, between the candidates (i.e. the petitioner and respondent No.8) whose nomination papers were validly accepted and to whom election symbols were allotted by the Returning Officer. Full Article
ee Baljinder Kaur Alias Preeti vs State Of Punjab on 6 November, 2024 By indiankanoon.org Published On :: 1. Since both the above appeals arise from a common verdict, made by the learned trial Judge concerned, hence both the appeals (supra) are amenable for a common verdict being made thereons. 2. Both the appeals (supra) are directed against the impugned verdict, as made on 20.09.2022, upon Sessions Case No.74 of 15.02.2018, by the learned Additional Sessions Judge, Ludhiana, wherethrough in 1 of 28 Neutral Citation No:=2024:PHHC:145851-DB CRA-D-1106-2022 AND CRA-D-62-2023 (O&M) -2- respect of charges drawn against the accused qua offences punishable under Sections 302/34 of the IPC, thus the learned trial Judge concerned, proceeded to record a finding of conviction against appellants-convicts. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced the appellants-convicts in the hereinafter extracted manner: Full Article
ee State vs Rajeev Gupta Others on 12 November, 2024 By indiankanoon.org Published On :: The undersigned has reserved the judgment in the present case on 19.10.2024 and same was to be pronounced on 04.11.2024. Vide order no. 38/DHC/Gaz-IIBG-7/VI.E.2(a)/2024 dated 25.10.2024 of Hon'ble Delhi High Court, undersigned was transferred from Rohini Court (i.e. JMFC-02) to Dwarka Courts as JMFC-01 (NI Act). As per the aforesaid order of Hon'ble High Court, the judicial officer shall pronounce the judgment in those matters which are reserved for judgement even after the transfer. Hence, the judgement in the present case is being pronounced by the undersigned in the capacity of JMFC-01 (NI Act). BRIEF REASONS FOR DECISION: 1. The case of the prosecution shown of unnecessary details is, that on or before 04.12.2014, at Factory No. 103, Swastik Aluminum, Badli Industrial Area II, Delhi, accused persons taped the pipeline of IGL in a way to endanger human line to supply the gas to factory No. 102 (Ideal Udyog) and Factory No. 90 (Tirupati Udyog) and committed offence under section 336/34 of IPC. Accused persons also at the aforesaid factory committed theft of gas of IGL by supplying the same to factory No. 102 (Ideal Udyog) and Factory No. 90 (Tirupati Udyog) by tapping the same and committed offence under section 379/34 of IPC. Accused persons in the alternative on the aforesaid day and factory dishonestly misappropriated or converted for their own use the gas connection entrusted to them by IGL and thereby committed the offence under section 406/34 of IPC. Both the accused persons also tried to disappear the evidence with intend to save themselves and other offenders from legal punishment and thereby committed the offence under section 201/34 of IPC. The accused persons also damaged and destroyed the State Vs. Rajeev Gupta FIR No. 1426//2014 Page no. 2 of 30 pipelines and thereby committed offence under section 15(2) of Petroleum and Mineral Pipelines Act, 1962. Full Article
ee Raj Kumar (I) (Fir 775/15/Timar Pur) vs Neeraj (Iffco Tokio) on 11 November, 2024 By indiankanoon.org Published On :: 2. The brief facts that have emerged from the DAR are that on 03.04.2017, ASI Usman Ali vide DD no. 3A had received an information regarding the present accident. He also received a call from Trauma Centre that the present accident had occurred. After receiving the call from Trauma Centre, ASI alongwith Ct. Mukesh reached the Trauma Centre and collected MLC no. 214228 of injured Raj Kumar. As per MLC, the doctor opined that the injured was "unfit for statement". IO met with an eye witness in the hospital, whose name was Guddu. IO recorded the statement of eye witness. Witness has stated that Raj Kumar had met with an accident when he was crossing the road on foot near Yamuna River. Eye witness, with the help of the driver of the offending vehicle, sent the injured to the hospital in the offending vehicle itself and went to the hospital by his motorcycle. On the basis of the MLC and statement of the eye witness, the offence under Section 279/337 IPC was found to have been committed. Full Article
ee Smt. Raj Wati vs Sh. Kuldeep on 6 November, 2024 By indiankanoon.org Published On :: 1. The plaintiff has filed the present suit for recovery of Rs.5,00,000/- (Rs. Five Lacs Only) on account of cost of dowry articles/ Istridhan etc. detained by the defendants. It is pertinent to mention that during the pendency of the present civil suit, the defendants no. 2 and 4 have expired. Raj wati Vs. Kuldeep Page no. 2 Plaintiff's version as per the plaint 2. The plaintiff states that she is the mother of deceased late Smt. Sunita who was wife of the defendant no. 1 Kuldeep. The marriage of Late Smt. Sunita and the defendant no. 1 was solemnized on 20.02.1996 in accordance with Hindu rights and customs and the plaintiff claims to have spent an amount of more than Rs.5 lacs on the said marriage. The plaintiff relies on a detailed list of dowry articles annexed as schedule C to the plaint. Full Article
ee Reena Meena vs Punjab National Bank on 12 November, 2024 By indiankanoon.org Published On :: 1. The Appellant filed an RTI application dated 05.04.2023 seeking information on the following points: (i) "Copy of Service Book/PF of my husband late sh. Raju Ram Meena, (Peon)/Cat- IV employee, was posted at PNB branch-PUR, circle office Alwar(Rajasthan) (ii) Present status of payment payable in death case to the dependent of deceased employee with full details. (iii) Copy of my application along with documents submitted for compassionate appointment and its Present status, (iv) Please Provide reasons for unnecessary delay in processing the same. Page 1 of 4 Full Article
ee Geetha Anand vs R.Alagukumar By indiankanoon.org Published On :: This second appeal is filed against the judgment and decree, dated 04/08/2021 passed in AS No.12 of 2020 by the Subordinate Judge, Theni, confirming the judgment and decree, dated 31/01/2020 passed in OS No.47 of 2012 by the District Munsif, Bodinayakkanur. 2.Plaint averments in brief:- The plaintiffs are the grandsons of one Mariammal. The suit property belonged to Mariammal absolutely. In the suit property, a shop is situated at Kamarajar Bazar, which is the subject matter of the suit. The plaintiffs are the power agent of the above said Mariammal, by a power of attorney, dated 25/02/1997. Mariammal mortgaged the property to the defendant through a registered mortgage deed, dated 16/07/1982 for a consideration sum of Rs.30,000/-. The mortgage period was five years. The rate of interest was fixed at 12% per annum. On 19/07/1982, another agreement was entered into between the parties, by which it was agreed that the payment of interest for simple mortgage should be adjusted by giving possession of the mortgaged property to the defendant, which is mentioned in the schedule. It is also agreed that the defendant must enjoy the property for five years. The house tax assessment agreed to be paid by the https://www.mhc.tn.gov.in/judis mortgagee. But the plaintiffs paid the taxes for the mortgaged property. On 19/07/1982, another sum of Rs.30,000/- was paid. Another mortgage deed was also executed on 19/07/1982. On 20/07/1982, another agreement was entered into. In the earlier mortgage deed, dated 19/07/1982 after the expiry of five years, the plaintiffs approached the defendant for redemption of mortgage on payment of Rs.60,000/-. But the defendant was evading and delaying. So, the suit is laid for delivery of possession after receiving the mortgage amount and for costs. Full Article
ee The Managing Committee vs A.Mohammed Abdul Khader on 12 November, 2024 By indiankanoon.org Published On :: Challenging the order of the Waqf Tribunal partly allowing the application directing the Tamil Nadu Waqf Board to register the T.O.Mohamed Thambi Waqf, Illayangudi Taluk, Sivagangai District as a seperate waqf, prepare a proforma report showing the "Rule of Succession" to the post of mutawalli as "hereditary", conduct a detailed enquiry among the legal representatives of the waqif/founder namely late T.O.Mohamed Thambi and appoint mutatwalli for the said waqf by following the procedures prescribed under the Waqf Act, 1995 (as amended in 2013) as per the intention of the waqif. Full Article
ee Ms/.Sree Basaveshwar Sugars Ltd vs M/S.Uttam Industrial Engineering Pvt. ... on 28 October, 2024 By indiankanoon.org Published On :: [Judgment of the Court was made by M.SUNDAR, J.,] Captioned intra-Court appeal i.e., 'Original Side Appeal' {hereinafter 'OSA' for the sake of brevity} is under Section 37 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity]. 2. Short facts (shorn of particulars not imperative for appreciating this order) are that the appellant before this 'Commercial Appellate Division' {'CAD' for the sake of brevity} is engaged in the business of manufacturing, producing and distributing Sugar and its by-products; that the appellant shall hereinafter be referred to as 'SBSL' denoting 'Sree Basaveshwar Sugars Limited'; that the respondent before this CAD is a company which is https://www.mhc.tn.gov.in/judis engaged in the business of designing, manufacturing and supplying / selling plant, machinery and equipment required for sugar plants; that the respondent before CAD shall hereinafter be referred to as 'UIEPL' denoting 'Uttam Industrial Engineering Private Limited'; that short facts / abbreviations are deployed for the sake of brevity and convenience; that fulcrum or in other words nucleus of lis between the parties is a 'contract dated 05.05.2011' {hereinafter 'said contract' for the sake of brevity}; that vide said contract, UIEPL {to be noted, 'UIEPL' shall be referred to as 'contractor' also for the sake of brevity and convenience} was to design and supply Sugar Mill House Equipments for sugar factory of SBSL {to be noted, 'SBSL' shall be referred to as 'employer' also for the sake of brevity and convenience}; that under the said contract, contractor was to supply employer in Karnataka all material and equipments so as to enable erection and commissioning of Mill House equipments including Cane Handling on or before April 2012; that said contract broadly had three aspects included in it namely, (i) Commercial Terms and Condition for supply at site, (ii) Technical Terms and Conditions and (iii) Data Sheet and Annexure; that under the said contract, contractor UIEPL supplied the sugar house https://www.mhc.tn.gov.in/judis equipments till May 2012; that thereafter, said contract ran into rough weather as according to the contractor, employer did not make payments though clause 1.14.6 of the said contract stipulates that employer has to pay as per invoice without making deductions unless the details of such claims have already been communicated to the contractor; that according to the contractor, as per clause 1.14.1(d) of said contract, money should have been settled within 15 days; that this Court is on a legal drill under Section 37 of A and C Act and therefore it is really not necessary to delve into numbers in terms of claims with specificity and exactitude; that it will suffice to say that employer in and by a notice dated 12.02.2012 terminated the said contract; that this lead to eruption of arbitrable disputes and constitution of a three member 'Arbitral Tribunal' {'AT' for the sake of brevity}; that before AT, UIEPL contractor was claimant and SBSL employer was respondent; that contractor as claimant made a claim for a sum of a little over Rs.4.43 Crores stating that the same are monies due from employer SBSL for supply of machinery and equipments supplied during the period of 23.12.2011 to 15.03.2018 under said contract; that this amount of a little over Rs.4.43 Crores (Rs.4,43,56,687/- to be precise) was claimed with interest at 14% per https://www.mhc.tn.gov.in/judis annum; that employer SBSL as respondent before AT resisted the claim and also made a counter claim for Rs.5 Crores saying that the same is towards damages said to have been suffered by SBSL for breach of terms of said contract; that this damages of Rs.5 Crores was claimed by employer SBSL with 18% interest per annum; that AT, after full contest, made an 'award dated 03.08.2019' {hereinafter 'impugned award' for the sake of brevity} inter alia returning a verdict in favour of claimant / contractor / UIEPL in a sum of Rs.4,43,56,687/- together with 12% interest per annum besides costs of Rs.6 Lakhs; that as regards the counter claim of employer SBSL i.e., counter claim of Rs.5 Crores, the entire counter claim was dismissed as a case of no evidence {no pleadings with specificity too}; that the employer SBSL assailed the impugned award under Section 34 of A and C Act vide O.P.No.39 of 2020 and Section 34 Court in and by an 'order dated 30.06.2021' {hereinafter 'impugned order' for the sake of brevity} dismissed the Section 34 petition; that against the impugned order of Section 34 Court, captioned OSA has been filed by SBSL employer; that the captioned appeal was heard out in full; Full Article
ee M/S. Biswajeet Enterprises, Thr. Its ... vs Union Of India, Thr. Secretary, ... on 12 November, 2024 By indiankanoon.org Published On :: (PER : AVINASH G. GHAROTE, J.) 1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties. 2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under: Full Article
ee M/S. Biswajeet Enterprises, Thr. Its ... vs Union Of India, Thr. Secretary, ... on 12 November, 2024 By indiankanoon.org Published On :: (PER : AVINASH G. GHAROTE, J.) 1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties. 2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under: Full Article
ee M/S. Biswajeet Enterprises, Thr. Its ... vs Union Of India, Thr. Secretary, ... on 12 November, 2024 By indiankanoon.org Published On :: (PER : AVINASH G. GHAROTE, J.) 1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties. 2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under: Full Article
ee M/S. Biswajeet Enterprises, Thr. ... vs Union Of India, Thr. Secretary, ... on 12 November, 2024 By indiankanoon.org Published On :: (PER : AVINASH G. GHAROTE, J.) 1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties. 2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under: Full Article
ee Deepak S. Kavadiya vs Addl. Divisional Commissioner Konkan ... on 12 November, 2024 By indiankanoon.org Published On :: 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: Full Article
ee Naveed Farooq Khan & Ors vs Respondent(S) on 8 November, 2024 By indiankanoon.org Published On :: 08.11.2024 1. This writ petition came out for its maiden hearing on 28th October, 2024, when this Court came across with a recital made in the writ petition that all the petitioners have already ventured with writ petitions before this Court and there are interim directions operating in those pending writ petitions in violation whereof order impugned in the present writ petition came to be passed. 2. Accordingly, this Court came to direct the learned counsel for the petitioners to place on record copies of the writ petitions related to the writ petitioners herein which are said to be pending before this Court. 3. In order to get out of the rigor of the order dated 28th October, 2024, the petitioners are stated to have even ventured in letters patent appeal which came to be dismissed as withdrawn and this is how today the learned counsel for the petitioners is back to square one with the direction still operating for the petitioners to produce all the writ petitions related to them and pending before this Court. Full Article
ee Shafat Huseen & Ors vs Respondent(S) on 8 November, 2024 By indiankanoon.org Published On :: 08.11.2024 1. In terms of an order dated 31.10.2024, this Court came to direct the personal appearance of Ms. Sheetal Nanda, Commissioner/Secretary to Government Social Welfare Department, Union Territory of Jammu and Kashmir for today's hearing both in the writ petition as well as in the contempt petition for the purpose of eliciting from the Commissioner/Secretary, Social Welfare Department some informative inputs as to wherefrom the Integrated Child Development Services (ICDS) Scheme, pursuant to which in terms of the Government Order No. 50/SW of 2014 the contractual appointments of the petitioners came to take place is reckoned to be closed as from the reading of the entire reply from the respondents, and, this Court has not come across with any order/decision, express or implied, that the posts created in terms of Government Order No. 50/SW of 2014 for the purpose of running the establishment are to be wound up in terms of a later government order/decision. Full Article
ee Tasleema Jan vs Ut Of J&K And Ors on 8 November, 2024 By indiankanoon.org Published On :: Through: - Mr. Furqan Yaqoob, GA CORAM: HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 Vide common Judgment dated 26.05.2022, passed by this Court in SWP No. 1002/2018 titled Tasleema Jan Vs. State and Ors., and SWP No. 876/2015, titled Roomi Akhter Vs. State and Ors., following directions were passed against the resondents. "i) The respondents shall consider the claim of both the candidates, Roomi Akhter and Tasleema Jan, in respect of their engagement as Angan Wari Worker for the Anganwadi Centre in question. Both the petitioners shall be associated with the consideration process by allowing them to put forward their stand effectively. Full Article
ee Mr Mohammed Arfath Hameed @ Arfath vs State By Sho on 11 November, 2024 By indiankanoon.org Published On :: Accused No.1 in Crime No.321/2024 registered by Jayanagara Police Station, Bengaluru City, for the offences punishable under Sections 376 & 406 r/w 34 of IPC, is before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.321/2024 was registered by Jayanagara Police Station, Bengaluru city, against the petitioner for the aforesaid offences on the basis of the first information dated 14.09.2024, received from Victim girl, aged about 25 years. During the course of the NC: 2024:KHC:45395 investigation of the case, the petitioner herein was arrested on 15.09.2024 and remanded to judicial custody. Full Article
ee Catalyst Trusteeship Limited vs Mantri Infrastructure Pvt Ltd on 12 November, 2024 By indiankanoon.org Published On :: Heard the learned Senior counsel for the appellant and learned counsel for the caveator-respondent Nos.1 to 9. 2. This miscellaneous first appeal is filed praying this Court to set aside the order of status-quo granted by the Trial Court dated 05.10.2024 in O.S.No.7166/2024 passed on I.A.No.2 filed by respondent Nos.1 to 9 and grant such other relief as deems fit in the circumstances of the case. 3. The respondents/plaintiffs before the Trial Court also sought for the relief of temporary injunction restraining the defendant Nos.1, 2 and 3 from enforcing or acting upon the invocation notice dated 28.09.2024 and from taking any further action regarding transfer or encumbrance of the pledged shares of Mantri Infrastructure Pvt. Ltd. (100%), Mantri Developers Pvt. Ltd. (51%) or Agara Techzone Pvt. Ltd. (12%) or from enforcing any security under the Bond Trust Deed and Pledge Agreements, until final adjudication of the rights of the parties by the Trial Court and inter alia sought for the relief on I.A.No.2 to restrain the defendant Nos.1 to 3 from enforcing or acting upon invocation notice dated 28.09.2024. The respondents also filed applications and order is passed only on I.A.Nos.2 to 4. It is also borne out from the records that caveat was also filed and learned counsel for both the parties were heard and suit was filed before the Vacation Court and I.A.No.1 was filed under Section 11(3) of Bengaluru City Civil Court Act to take up the matter before the Vacation Court and the same was allowed. Full Article
ee Smt R Leelavathi vs State Of Karnataka on 12 November, 2024 By indiankanoon.org Published On :: 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- Full Article
ee Gurudeva Brahmanand Trust Committee vs Sankappa S/O Ningappa Banavannavar on 5 November, 2024 By indiankanoon.org Published On :: (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:- Full Article
ee Deepak Astickar vs State Of Karnataka on 8 November, 2024 By indiankanoon.org Published On :: Petitioners are co-accused in Special Case No.741 of 2024 pending on the file of VIII Additional District and Sessions Judge, Bengaluru Rural, Bengaluru. 2. Heard Sri Mayur D Bhanu, learned counsel for petitioner and Smt Rashmi Patil, learned High Court Government Pleader for respondent. 3. This Court, qua two of the accused i.e., accused Nos.23 and 69 in W.P.No.29510 of 2024 disposed on 4-11- 2024 has held as follows: "........ - 14 - NC: 2024:KHC:45326 Against the petitioners, non-bailable warrant is issued as is issued against several of the accused who were not present. Whether a non-bailable warrant could be issued or not for securing the presence of the accused, need not detain this Court for long or delve deep into the matter. The Apex Court in the case of TARSEM LAL V. ENFORCEMENT DIRECTORATE reported in (2024) 7 SCC 61, considers the very issue and holds as follows: Full Article
ee WSJ Opinion: Hits and Misses of the Week By Published On :: Sun, 05 Dec 2021 17:06:13 GMT Journal Editorial Report: The week's best and worst from Kim Strassel, Jason Riley, Kyle Peterson and Dan Henninger. Reuters/AP/Getty Images Composite: Mark Kelly Full Article
ee WSJ Opinion: Hits and Misses of the Week By Published On :: Sun, 12 Dec 2021 16:15:28 GMT Journal Editorial Report: The week's best and worst from Kim Strassel, Bill McGurn, Jillian Melchior and Dan Henninger. Images: AFP via Getty Images Composite: Mark Kelly Full Article
ee Trapped in the Metaverse: Here’s What 24 Hours Feels Like By Published On :: Fri, 12 Nov 2021 10:30:00 GMT Everyone is blabbing about the metaverse. But what does this future digital world look like? WSJ’s Joanna Stern checked into a hotel and strapped on a VR headset for the day. She went to work meetings, hung out with new avatar friends and attended virtual shows. Photo illustration: Tammy Lian/The Wall Street Journal Full Article
ee Watch: Scientists Study Rare Coral Reef Discovered Near Tahiti By Published On :: Thu, 20 Jan 2022 22:39:02 GMT A coral reef in pristine condition was discovered in the South Pacific. It is thought to be one of the largest found, as deep as 230 feet beneath the ocean’s surface. Photo: Alexis Rosenfeld/Associated Press Full Article
ee U.S. and China Agreed on a Global Tax. Could They Resolve Other Issues? By Published On :: Thu, 28 Oct 2021 11:56:00 GMT Beijing and Washington have been at loggerheads on issues from tech to human rights and territorial claims, but a recent global tax deal shows how the rivals can also cooperate. WSJ looks at what’s next for U.S.-China relations as the G-20 meets in Rome. Photo Composite: Sharon Shi Full Article
ee Three Key Pieces of Evidence Presented at Elizabeth Holmes’s Trial By Published On :: Tue, 09 Nov 2021 10:30:00 GMT In the trial of Elizabeth Holmes, prosecutors have shown texts, emails and audio clips portraying her in her own words. WSJ’s Shelby Holliday asked Sara Randazzo about key pieces of evidence and what to expect. Photo: Nick Otto/AFP via Getty Images Full Article
ee For Clues to the Stock Market Selloff, Look to the Fed’s Balance Sheet By Published On :: Thu, 27 Jan 2022 16:21:29 GMT The stock market entered correction territory as investors reevaluate the market’s value after the Federal Reserve signaled plans to raise interest rates. WSJ’s Dion Rabouin explains. Illustration: David Fang Full Article
ee Croesus Retail Trust Seeks to Revive US$300 Million Singapore IPO By blogs.wsj.com Published On :: Mon, 15 Apr 2013 03:41:08 +0000 A Japanese real estate fund, which has Marubeni Corp. and Daiwa House Industry Co. as strategic partners, is reviving its initial public offering plans in Singapore that could raise at least US$300 million, people with knowledge of the deal said Monday. Full Article Deal Journal Asia IPOs Singapore trusts
ee Aerosoles Shoe Chain Seeking Buyer or Partner By blogs.wsj.com Published On :: Thu, 02 May 2013 16:53:36 +0000 The private-equity owner of the Aerosoles shoe chain is seeking a buyer or strategic partner for the company it created about 25 years ago from a cast-off unit of Kenneth Cole Productions Inc. Full Article Global PAID
ee Kyle Bass Keen on Yellow Pages Co. — Sohn Conference By blogs.wsj.com Published On :: Wed, 08 May 2013 17:27:01 +0000 By Emily Glazer The yellow pages business isn't dead yet. That's according to Kyle Bass, principal of Dallas-based hedge fund Hayman Capital Management L.P., who focused his presentation at the Ira Sohn conference Wednesday on directories business Dex Media Inc. Full Article Hedge Funds ira sohn PAID
ee The Nationals Are Still in Need of Relief By blogs.wsj.com Published On :: Sun, 25 Jun 2017 19:08:53 +0000 Washington has a comfortable lead in the NL East, but their bullpen struggles could hurt in the postseason. Full Article MLB
ee Orioles Pitchers Can’t Keep the Ball in the Park By blogs.wsj.com Published On :: Mon, 26 Jun 2017 19:08:15 +0000 The Orioles have gone nearly the entire month of June allowing at least one home run in every game. Full Article MLB
ee Why Women Don’t Get the Feedback They Need By Published On :: Wed, 16 Oct 2019 15:34:26 GMT Research shows that getting ahead requires constructive criticism. But many women don’t get those frank assessments. Full Article
ee Economists React to the July Jobs Report: ‘Will Keep the Fed in Play in September’ By blogs.wsj.com Published On :: Fri, 07 Aug 2015 14:17:37 +0000 Here’s what economists had to say about the July jobs report. Full Article Economists React Economy Employment jobs U.S. employment federal reserve Interest Rates Jobs report Labor Department Unemployment Wages
ee Did the Mortgage-Fee Cut Help Borrowers? By blogs.wsj.com Published On :: Tue, 11 Aug 2015 16:54:43 +0000 Since a mortgage-fee cut, the number and mix of loans being backed by the Federal Housing Administration have changed markedly. Here's how the change affected the mortgage market. Full Article Housing Federal Housing Administration Mortgages
