The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice at the instance of learned counsel for the petitioner.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the BIADA.

Learned counsel for the petitioner seeks permission for filing of Interlocutory Application to amend the relief/s as sought for in the writ application, whereby he wants to challenge the order dated 24.04.2020 issued vide Memo No. 1237/D by which the respondent nos. 5 to 7 have rejected the representation of the petitioner made vide Annexure-5 to the writ application.

Heard learned counsels for the petitioner, the State and the BIADA.

The present interlocutory application has been filed seeking amendment in the relief portion i.e. paragraph no. 1 of the writ petition and consequently in paragraph no. 2 and the prayer portion thereof. The amendment sought for in paragraph 2 of the I.A. is as follows:

"1(iii) To issue an appropriate writ/order/direction in the nature of Certiorari quashing the order dated 24.04.2020 as contained in memo no. 1237/D dated 24.04.2020 whereby and whereunder the Respondent BIADA has rejected the application dated 22.04.2020 (Anx.-5 )filed by the petitioner Company for issue of lockdown pass;

Learned counsels for the petitioner, the State and the BIADA are present.

Mr. Yashraj Bardhan, learned counsel for the BIADA submits that the arguing counsel Mr. Lalit Kishore is engaged before D.B.-II, hence the matter be taken up tomorrow at 10.30 A.M.

As prayed for, list this matter tomorrow i.e. on 06.05.2020 at 10.30 A.M. under the same heading.

(Sudhir Singh, J) Pankaj/Narendra U

Learned counsels for the petitioner, the State and the BIADA are present.

Mr. Yashraj Bardhan, learned counsel for the BIADA submits that there is a bereavement in the family of the arguing counsel Mr. Lalit Kishore, hence the matter may be passed over for the day.

As prayed for, list this matter tomorrow i.e. on 07.05.2020 at 2.15. P.M. under the same heading.

(Sudhir Singh, J) Pankaj/Narendra U

2. Naturally, filing of the writ application has been found to be defective being inconsistent with the filing procedure prescribed under the High Court Rules, on many counts.

3. The petitioner is a Primary Agriculture Cooperative Society (PACS) registered under the Bihar Cooperative Societies Act, 1935 and is, therefore, a body corporate. The PACS has been given licence to run a fair price shop. There is no averment in the writ application as to when such licence was granted to the PACS, though it is stated in paragraph-5 of the application that for last one decade various similar cooperative societies of the State are successfully conducting the business of fair price shops in addition to discharge of their other duties including procurement of food grains under the procurement schemes of the Government.

Heard Mr. Sanjay Singh and Mr. Nikhil Kumar Agrawal for the petitioner, Mr. Lalit Kishore, Senior Counsel and Mr. Yashraj Bardhan for the BIADA and Mr. Vikas Kumar, S.C.-11, for the State.

Order is reserved.

Learned counsels for the parties seek permission to file a written note of argument by tomorrow.

Permission is accorded.

Put up this matter on 12.05.2020 at 10.30. A.M. under the heading 'For Orders'.

(Sudhir Singh, J) Pankaj/Narendra U

2. The petition was filed on 16.08.2019 against an order dated 11.07.2019 (Annexure N) whereby the petitioner's application for migration of CMTS Licence effective from 31.12.1998 for Tamil Nadu Service Area to Unitied Licence (UL) was rejected for the second time by the respondent. Before adverting to the issues, it will be useful to take note of some significant and relevant facts.

3. The historical facts relating to the petitioner company; its wholly owned subsidiary, Aircel Cellular Ltd. (ACL); the details of its licences and also subsequent allocation of spectrum which came to be bundled with the said licence are not in dispute. The petitioner's CMTS Licence for Tamil Nadu Circle was for a period of 10 years and due to expire on 30.12.2008. In terms of National Telecom Policy of 1999, DoT offered a migration package. The migration package, inter alia, changed the "Fixed Fee" policy for Indian Telecom Licences to a "Revenue Share" regime. The period of licence got extended upto 20 years and as a result petitioner's licence was to be valid till 30.12.2018. In 2010, the petitioner acquired 5 + 5 MHz of 2100 MHz (3G) and 20 MHz of 2300 MHz spectrum (BWA) in the Tamil Nadu Telecom Circle through auction. These are fully paid for and the validity of allotment is of 20 years i.e. till 2030. In 2015, the petitioner further acquired 10 + 10 MHz of 1800 MHz spectrum in the Tamil Nadu Telecom Circle through auction. Petitioner has the right to use the said spectrum for a period of 20 years Le. till 26.05.2035 and under a deferred payment plan, it claims to have paid 33% of its price.

>. Learned counsel for the appellants has also filed written notes of arguments and in reply a further written note of arguments has been filed by learned counsel for the respondent. The respondent, as an account holder in the State Bank of India (SBI), suffered a loss of Rs. 18,35 lakh through 20 internet transactions and the money was transferred to 20 accounts, all with the SBI. The account holder/complainant filed Petition No. 1 of 2013 before the leamed A.O./Secretary to Government, Information Technology, Electronics and Communications Department, Government of Andhra Pradesh. After hearing the parties in detail and taking into consideration the defence of the Bank, which is the appellants herein, and all the relevant documents, learned A.O. by the impugned order dated 12,3.2014 has allowed claim of the complainant who is respondent herein and directed SBI to pay the entire amount of Rs. 18.35 lakh with interest from the date of loss ie. 13.5.2012 till the date of payment along with the costs of Rs. 39,750.00. The rate of interest is 18% per annum. Admittedly, nothing has been paid by SBI so far.

2. The other appeal (No.7of 2013) has been preferred by Federation of Indian Airlines (FIA) which has challenged the legality etc. of a subsequent Order No.30/2012-13 dated 28.12.2012 issued by AERA in exercise of powers under Section 13(1)(b) of the AERA Act read with Section 22A of the Airports Authority of India Act 1994(AAI Act) to re-determine the amount of DF at IGI Airport, New 4 Delhi. By this order AERA reviewed the earlier DF Order dated 14.11.2011 in a small measure, reduced the rate of DF w.e.f. 01.01.2013 and extended the levy period upto April, 2016 subject to further review. The FIA, it appears, had challenged the earlier DF order dated 14.11.2011 also. Its stand is that levy of DF to bridge the funding gap for IGI Airport is contrary to law and the relevant agreements which cast a duty upon DIAL to arrange for funds for development of the Airport. It is also pleaded that the project cost has been blown-up beyond realistic proportions and AERA has failed to exercise the required level of scrutiny which would have kept the final project cost at a reasonable and permissible level.

Shri Dharamvir Sharma, Adv.

Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member

1. Admit.

2. The grievance of the Applicant is that the Applicant is the land holder of Khasra No. 614 measuring 1.113 hectare in Village Barua, Tehsil Gaurihar, Dist. Chhatarpur, MP and as a result of flooding of river Ken huge amount of sand and muram got deposited on his agriculture field. With a view to cultivate the said land, he intended to remove the aforesaid deposit of sand and muram which would amount to mining operation and as such requiring the grant of EC from SEIAA. However, it was brought to his notice on approaching the authorities of MPSEIAA that under the orders issued in Office Memorandum dated 24.12.2013 by the MoEF, Government of India, no such application could be entertained.

Shri Dharamvir Sharma, Adv.

Dated: 30th September , 2014 Delivered in open court by Hon'ble Mr. Justice Dalip Singh, Judicial Member

1. Admit.

2. It is submitted by the Learned Counsel for the Applicant that the matter raised in this application has already been covered by the decision of this Tribunal in O.A.No. 315/2014 (CZ) in case of Ram Swaroop Chaturvedi V/s Chairman, MPSEIAA & Ors. decided on 11.09.2014 in the matter of the Office Memorandum dated 24.12.2013, issued by the MoEF, Government of India.

3. We have considered the application as well as submissions made before us. We would accordingly dispose of this petition in the light of our earlier judgement dated 11.09.2014 in O.A.No. 315/2014 and the directions contained therein shall also apply to the applicant in so far as the applicability of the aforesaid orders of MoEF dated 24.12.2013 is concerned. In case an application is submitted by the Applicant, online or as prescribed under the procedure alongwith requisite fee, such application shall be entertained by the MPSEIAA in accordance with law within two months without being influenced by the Office Memorandum dated 24.12.2013 issued by the MoEF in so far as its operations have been stayed by the Principal Bench of National Green Tribunal in Application No. 343 of 2013 (M.A.No. 1093/2013) in the case of Ranbir Singh Vs. State of H.P. & Ors and Page 2 of 3 Application No. 279/2013 (M.A.No. 1120 of 2013) in case of Promila Devi Vs. State & Ors. dated 28.03.2014.

1. Hon'ble Shri Justice M. Chockalingam, Judicial Member

2. Hon'ble Prof. Dr. R. Nagendran, Expert Member

------------------------------------------------------------------------------------------------

Date: 15th October, 2014

------------------------------------------------------------------------------------------------ (Hon'ble Shri Justice M. Chockalingam, Judicial Member) These appeals have been filled by appellant herein challenging the order of the 2nd respondent, namely, the Appellant Authority, Tamil Nadu Pollution Control (Appellant Authority) made in Appeal Nos. 37 and 38 of 2013 dated 28.02.2014 whereby the appeals have been dismissed.

1. Hon'ble Shri Justice M. Chockalingam, Judicial Member

2. Hon'ble Prof. Dr. R. Nagendran, Expert Member

------------------------------------------------------------------------------------------------

Date: 15th October, 2014

------------------------------------------------------------------------------------------------ (Hon'ble Shri Justice M. Chockalingam, Judicial Member) These appeals have been filled by appellant herein challenging the order of the 2nd respondent, namely, the Appellant Authority, Tamil Nadu Pollution Control (Appellant Authority) made in Appeal Nos. 37 and 38 of 2013 dated 28.02.2014 whereby the appeals have been dismissed.

Ref. Case No. 05 of 2019 1

2. The Informant in the present case had issued RFP for procurement of Cloth Cotton Pagdi for quantity of 7,42,426 Mtrs and Mattress MK-II (Improved Version), quantity 57,761 (in numbers). The Informant has stated that out of 04 firms which participated, only 03 firms could qualify for opening of commercial bids for Cloth Cotton Pagdi and out of 10 firms only 04 could qualify for opening of commercial bid for mattress. The tender for procurement of Cotton Pagdi was floated on 22.10.2018, and for Mattress was floated on 08.11.2018, respectively.

3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said two firms. As submitted by the Informant, details of the bid are reproduced in the table below:

2. The Informant in the present case had floated a Tender No. A/59919/Shirt Khakhi/DGOS/OS-PII/Proc Sec, dated 19.06.2017 for procurement of 1,38,251 Shirt Man's Cellular Cotton 1973 Pattern (Modified) Khaki ("Item"). The Informant has stated that out of 14 firms which participated, only 09 qualified for the opening of their commercial bids.

3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said four firms (Opposite Parties). As submitted by the Informant, details of the bid are reproduced in the table below:

Table 1: Details of Bidders S. No Firm Name Rate (in Rs) Status

Ref. Case No. 05 of 2019 1

2. The Informant in the present case had issued RFP for procurement of Cloth Cotton Pagdi for quantity of 7,42,426 Mtrs and Mattress MK-II (Improved Version), quantity 57,761 (in numbers). The Informant has stated that out of 04 firms which participated, only 03 firms could qualify for opening of commercial bids for Cloth Cotton Pagdi and out of 10 firms only 04 could qualify for opening of commercial bid for mattress. The tender for procurement of Cotton Pagdi was floated on 22.10.2018, and for Mattress was floated on 08.11.2018, respectively.

3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said two firms. As submitted by the Informant, details of the bid are reproduced in the table below:

2. The Informant in the present case had floated a Request for Proposal ("RFP") No. A/59876/Durries/ Clo-1/DGOS/OS-PII/Proc Sec dated 15.12.2015 for procurement of 8,18,009 Durries IT OG ("Item").

3. The Informant averred that 09 firms participated in the said tender including Standard Gram/OP-2 and out of the said 09 firms, only 06 qualified for opening of commercial bids. As stated by the Informant, Standard Gram/OP-2 could not qualify in technical evaluation as the firm was not registered with Association of Corporations and Apex Societies of Handlooms/Khadi Village Industries Commission ("ACASH/KVIC") which was a pre-requisite. It is further stated that while the contract was under progress, Standard Gram/OP-2 merged with Integrated Defence/OP-3. Subsequently, the L1 firm (HP Handicraft/OP-1) sublet the manufacture of the Item to Integrated Defence/OP-3 vide Letter No. HPSHHC:173/10(EM)/Durries/838081 dated 23.03.2018.

Case No. 37 of 2019 1

2. The Informant, a private limited company, is engaged in the business of export of stone aggregates/ boulders and has stated that it exports stone aggregates/ boulders through rakes allotted by OP. For allotment of rakes, the Informant places indent itself or through its consignor at respective railway sidings. The Informant also stated that OP follows quota system for dispatch of rakes. Under such a system, the Informant got rakes allotted to it at various sidings in Howrah and Malda Division of the Eastern Railways, which is OP in the present case.

3. The Informant alleges that from July 2019 onwards, OP stopped allotment of rakes to it and instead, the rakes were allotted to Orient Exports Pvt. Ltd. as per the directions of the Indian Railway Board contained in letter No. 2017/TT- III(M)/71/D/10/Quota dated 18.07.2019. The Informant claims that this decision was taken by Indian Railway Board as per the request of the Bangladesh Railway Board. The Informant has stated that non-allotment of rakes has impacted its goodwill amongst its customers as it is not being able to meet its prior commitments.

4. Saransh Biotech Pvt. Ltd Opposite Party No. 4 5. Aarav Pharmaceuticals Opposite Party No. 5 6. Laxmi Pharma Opposite Party No. 6 7. M C Pharma Opposite Party No. 7 8. Maa Ambey Enterprises Opposite Party No. 8 9. Goyal Pharma Opposite Party No. 9 10. MD Medical Store Opposite Party No. 10 CORAM Mr. Ashok Kumar Gupta Chairperson Ms. Sangeeta Verma Member Mr. Bhagwant Singh Bishnoi Member ORDER UNDER SECTION 26(2) OF THE COMPETITION ACT, 2002

2. The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant, being aggrieved by the judgment and order dated 21.9.2010 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court no.7, Mathura in Motor Accident Claim Petition No.239 of 2008 (Virendra Kumar vs. Vijay Kumar and others) awarding a sum of Rs.62,866/- for the expenses incurred towards medicines and treatment of the injuries sustained by the appellant in a motor accident, alongwith 6% interest from the date of filing of the claim petition till the date of payment of compensation.

3. The claimant aged 45 years filed MAC No.239 of 2008 against the driver & owner of the vehicle and the insurance company before the Motor Accident Claims Tribunal/Additional District Judge, Court No.7, Mathura claiming a compensation of Rs.10,00,000/- along with 12% interest in respect of the injuries suffered by him in the motor accident alleged to have occurred on 17.2.2008 around 12.30 p.m.

"(i) to issue a writ of mandamus or such other writ, order or direction to the respondents 1 and 2 not to proceed against the properties of the petitioners which is not a secured asset of the 1st respondent bank for the debts due from the third respondent.

(ii) to issue a writ of certiorari or such other writ, order or direction quashing all proceedings pursuant to Exhibit P1 pending before the Chief Judicial Magistrate Court, Thriruvananthapuram, finding that the property sought to be taken possession is not a secured asset of the 1st respondent.

SHRI M. SELVARAJ (NAGAPATTINAM): Tiruvarur Sorting has been serving 2 districts of Tiruvarur and Nagapattinam under my constituency. As an all India measure, the Ministry of Telecommunications already implemented PNOP and MNOP systems. in the Department of Posts. According to these new systems, the speed and Parcel articles booked at Tiruvarur and Nagapattinam RMS meant for Tiruvarur and Nagapattinam are sent to Mayiladuthurai RMS for processing and again sent to Tiruvarur for further delivery. It creates unnecessary delay in the delivery process. Because of this my constituency people suffer a lot. Sometimes for a local delivery itself, it takes two days.

On the other hand, it has come to notice that the divisional administration of RMS Trichy, planned to downgrade the Tiruvarur Sorting office by reducing the staff strength and working hours. Now staff is working during nights to deliver the letters, parcels and speed posts to the customers. But the divisional administration planned to make it as a Day Set. This will create unnecessary delay in the delivery of all the letters to the public. Earlier the processed parcels and speed articles from Mayiladuthurai RMS came by midnight. But nowadays they are-sent in the early morning only, this also creates one day delay in the delivery of letters.I urge the Government to take remedial steps in this regard.

श्री रोड़मल नागर (राजगढ़): मेरा संसदीय क्षेत्र राजगढ़ मध्य प्रदेश मुख्यत:कृषि पर आधारित क्षेत्र है और यहां खेती-किसानी ही जीवनयापन का मुख्य आधार है ।…(व्यवधान) देश में पहली बार अन्नदाता किसानों की वास्तविक परिस्थितियों को समझकर मोदी सरकार ने किसानों की आय को दोगुना करने का लक्ष्य तय किया है ।…(व्यवधान) इस क्रम में प्रधान मंत्री जी द्वारा किसान सम्मान निधि के वितरण का एक ऐतिहासिक निर्णय लिया है,किंतु मध्य प्रदेश सरकार द्वारा किसानों को उनके हित से वंचित करते हुए अनावश्यक रूप से लटकाया और भटकाया जा रहा है ।…(व्यवधान) कभी खातों को अपडेट करने या किसानों के वैरिफिकेशन की सूची को अपेडट करने के नाम पर भ्रष्टाचार किया जा रहा है ।…(व्यवधान) विशेषकर मेरे संसदीय क्षेत्र के अधिकांश किसानों को किसान सम्मान निधि की किश्तें नहीं मिली हैं ।…(व्यवधान)

माननीय अध्यक्ष: श्री ए.राजा जी ।

राजा जी का दूसरा विषय है ।

SHRI A. RAJA (NILGIRIS): Sir, a tragic incident happened in the early hours of Monday, the 2nd December 2019 at Nadoor Village near Mettupalayam Municipality in my constituency. A compound wall constructed by  a private individual had collapsed,  instantly killing 17 Scheduled Castes people, including children. The fact remains that the villagers had on several occasions complained to the district administration and the State Government with regard to the danger posed by the compound wall. The incident led to scores of people, including relatives of the deceased and the members of the pro-Dalit organisations like Tamil Tigers and other political parties protest against the district administration and pressing for reasonable demand to accommodate them inside the Mettupalayam Government Hospital Campus.

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

For the reasons stated in the application, the same is allowed.

Main petition is taken on Board and is permitted to be withdrawn.

(RAJESH BINDAL) JUDGE Jammu 30.04.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.04.30 13:09 I attest to the accuracy and integrity of this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:20 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.

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.

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

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

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

5. Learned Public Prosecutor has opposed the bail application.

6. I have considered the contentions.

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

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

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.

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. In this appeal the Original Claimant challenges the final judgment and order dated 14.02.2019 passed by the High Court at Calcutta in CAN No.10094 of 2018.

3. The basic facts culled out from the award dated 24.03.2015 passed by the Arbitrator in the present case are:-

“That the respondent company who is engaged in the business of infrastructure development activities approached the claimant company who is also dealing in the business of providing equipments for 2 Civil Appeal No.2378 of 2020 (arising out of SLP (C) NO.11011 of 2019) QUIPPO CONSTRUCTION EQUIPMENT LTD. Vs. JANARDAN NIRMAN PVT. LTD.

1. The question arises in the appeal for our consideration is as to whether the decree passed on a compromise can be challenged by the stranger to the proceedings in a separate suit.

2. The seminal facts which are relevant for the present purpose and the circumstances in which it arises for our consideration are Signature Not Verified Digitally signed by DEEPAK SINGH that the appellant­plaintiff filed suit before 4 th sub­judge, Chapra Date: 2020.05.06 16:03:14 IST Reason:

seeking a declaration that the compromise decree dated 15 th 1 September, 1994 passed in Second Appeal No. 495/86 by the High Court is illegal, inoperative and obtained by fraud and misrepresentation and also prayed for injunction against the respondents­defendants restraining them from entering into peaceful possession of the suit property.

1. 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:

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. S Munir, learned counsel for the applicant and Mr. NJ Dutta, learned Page No.# 2/3 Additional Public Prosecutor, Assam for the respondent.

4. I have gone through contents of the FIR. The applicant has been named as accused No.1 in the FIR and is stated to be aged 27 years.

5. The FIR has been registered at the instance of father of the victim to the effect that on 19.8.2019, at about 7-00 PM, the applicant took his minor daughter to his house by tempting her that he would get married to her and had sexual intercourse with her. The other accused thereupon got angry on seeing her and they abused her using abusive language, surrounded her, threatened her, pulled her with hair and drove her away.

Heard learned counsel for the parties.

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

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

For Respondent No.2/State: Mr. Anvesh Shrivastava, Panel Lawyer.

Law laid down Suit for specific performance of contract- readiness and willingness for a seeking decree of performance of contract, the plaintiff is required to produce strong documentary evidence relating to his financial condition- only oral evidence in respect of financial condition to establish readiness and willingness is not sufficient- The Court cannot assume or presume the financial status of the plaintiff only on the basis of oral evidence- The suit of specific performance of contract cannot be decreed in favour of the plaintiff unless readiness and willingness to perform his part of the contract is proved by the plaintiff.

Elon Musk says Tesla may leave its Palo Alto headquarters and Fremont, California factory. In a tweet Saturday morning, the chief executive continued his outrage against shelter-in-place orders that have forced most non-essential businesses to close. Last week, Musk likened the rules to fascism, and urged leaders to "give people their goddamn freedom back." Visit Business Insider's homepage for more stories.After a week of decrying coronavirus shelter-in-place orders that have left Tesla's main factory shuttered and unable to produce vehicles, Elon Musk says the company may move its factory out of the state."Tesla is filing a lawsuit against Alameda County immediately," the chief executive said on Twitter Saturday morning. "The unelected & ignorant 'Interim Health Officer' of Alameda is acting

PIO/DIG, CISF denied disclosure of information invoking Section 24 of the RTI Act, vide reply dated 10.05.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 21.05.2019, which was decided by the FAA vide order dated 04.06.2019, reiterating the stance taken by the PIO. Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

Proceedings during hearing:

Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference.

The Appellant participated in the hearing on being contacted on his telephone number: 89xxxxx145 and reiterated facts of his case. He has sought the information since he wants to join the service and wants to ensure whether the quota-wise benefit was granted. Decision:

(1) Have MHA or DoP&T issued any order to revise Pay Scale of all eligible serving and Pensioners by lmplementing Hon'ble Delhi High Court Order on WP (C) 3549/2018 dated 1/5/19 CAPFs including BSF?

(2) ln this regard, has MHA given any decisions, or guidelines to BSF to Revise the Pay Scale of all eligible Personnel who completed 20 year of services by 2OL2 on the basis of above HC order? (3) Has BSF Challenged above HC Verdict before Hon'ble Supreme Court? lf so what consequence? (4) ls grant of MACP according to above Court Order only limit to Sunil Kumar Tyagi or similarly placed Personnel in BSF? What action is being taken by MHA in this regard?

PIO/DIG(Confd) vide reply dated 20.11.2019 denied disclosure of information citing the exemption under Section 24 of the RTI Act, 2005, whereby the respondent organization did not fall within the purview of the RTI Act, unless the information pertained to allegations of Corruption and Human Rights Violations.

The Appellant vide her RTI application sought information regarding the copy of the documents of the Department of Personnel and Training (DoP&T) associated with the files related to the appointment of various Attorney Generals of India since 01.01.2010.

Dissatisfied due to non-receipt of any response from the CPIO, the Appellant approached the FAA. The FAA, vide its order dated 09.10.2018 stated that the Appeal had been examined and it was found that the CPIO on 11.09.2018 had sought certain clarifications from the Appellant. Hence, the Appellant was advised to clarify the same to the CPIO to enable him to provide the available information.

Page 1 of 5 RTI - 2 File No. CIC/DOLAF/A/2018/163414-BJ [ Date of RTI application 12.08.2018 CPIO's response Not on Record Date of the First Appeal 11.09.2018 First Appellate Authority's response 09.10.2018 Date of diarised receipt of Appeal by the Commission 18.10.2018 FACTS:

The petitioner has already made a representation vide Annexure P-3. The competent authority is directed to decide the representation within a period of one week from today by passing a speaking/detailed order and also by taking into consideration all the pleas raised in the writ petition.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 08-05-2020 20:40:15 :::

PRESENT: MS. GURSHARAN K. MANN, ADVOCATE FOR THE PETITIONER.

MR. GAURAV DHURIWALA, SR.DAG, PUNJAB.

MANOJ BAJAJ, J.(ORAL) Kamlesh Verma @ Kiran Mummy has filed this petition for grant of regular bail in case FIR No.56 dated 9.5.2019 under Sections 376- D/120-B IPC, Police Station E-Division, District Amritsar. The petitioner is in custody since her arrest on 18.2.2020. The above FIR in question was initially registered at Police Station Padampur, District Sri Ganganagar as Zero FIR and was later on forwarded to District Amritsar where the above FIR was recorded.

As per the allegations, the victims had voluntarily left their house on 31.7.2018 and reached at Amritsar, where they came in contact with two persons, namely, Gagan and Vicky. They both promised a job for them and took them to the house of Vicky, where they raped the victims repeatedly. Later on, the victims were sent to other persons as well and accused Simmi facilitated the illegal sexual activities at her residence. Gagan used to send one of the victims outside the town as well. One of the 1 of 3 ::: Downloaded on - 08-05-2020 21:07:10 ::: CRM-M-12077-2020 (O&M) -2-

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04. 2020 b.

CRM No. 3356 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Kushmandi Police Station Case No. 25 of 2020 dated 05.03.2020 registered for investigation into offences punishable under Sections 305/34 of the Indian Penal Code.

And In the matter of : Jahirdur Islam @ Jahedur & Anr.

... Petitioners Ms. Jeenia Rudra .. for the petitioners Mr. Swapan Banerjee ..for the State The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

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