08.11.2024

1. This is an application filed by the petitioner for grant of bail with effect from 07.11.2024 to 14.11.2024 so as to enable him to attend the wedding ceremonies of his niece, namely, Simerjeet Kour. The petitioner has placed on record the wedding invitation card.

2. A perusal of the record reveals that the petitioner is an accused in a criminal case, titled "U. T of J&K vs Sarita Devi and others" pending before the Court of learned Principal Sessions Judge, Samba arising out of FIR No. 224/2021 of Police Station, Samba. The said FIR was initially registered for commission of offences under section 363 IPC, however, subsequently after the investigation, charge sheet for commission of offences under sections 363-A, 370, 120 and 34 IPC was filed against the petitioner.

08.11.2024

1. The petitioner has sought temporary bail for the purpose of attending marriage ceremony of his younger brother which is stated to be scheduled on 9th and 10th November, 2024.

2. Heard and considered.

3. The petitioner has been arrested in a case arising out of the Crime No. 15/2024 for the commission of offences under Sections 8/21/22/29 NDPS Act. As per case of the prosecution, commercial quantity of contraband drugs was recovered from the possession of the petitioner on 27.08.2024 when he along with co-accused was travelling in a bus. The investigation is stated to be still in progress.

CM(M) 84/2024

1. The Petition under Article 227 of the Constitution of India, 1950 has been filed on behalf of the Petitioner, to challenge the Order dated 06.12.2023 of the learned Tribunal, dismissing the Application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 („CPC‟ hereinafter), of the M/s Shiv Probuild Pvt. Ltd./Registered Owner of the offending vehicle, to implead M/S. Kundu Nirman as a party.

2. The offending vehicle i.e. APOLLO make HIDROSTATIC PAVER FINISHER MODE of which the petitioner is the registered owner bearing No. 6H 3301/1200001, was handed over to the Respondent, M/s Kundu Nirman, pursuant to a Work Order dated 01.06.2022, on the specified terms and conditions. The Respondent being the contractor of Pubic Works Department („PWD‟ hereinafter), was carrying out the assigned work of strengthening and construction of the road, when the accident occurred involving this vehicle on 25.06.2022 at about 12:30 a.m., resulting in death of Mr. Rajesh. FIR No. 172/2022 under Section 279/304A of the Indian Penal Code, 1860 („IPC‟ hereinafter) read with Sections 3/181, 146/196, 39/192, 134/187, 66/192 of the Motor Vehicle Act, 1988 („M.V. Act‟ hereinafter) was registered at Police Station, Roop Nagar, Delhi.

We have heard Mr. Pankaj Kumar, the learned Advocate for the appellant and Ms. Usha Kumari No. 1, the learned Spl. PP for the State.

2. Ms. Usha Kumari has informed this Court that she had telephonic conversation with the informant, who has been communicated about this case. However, Patna High Court CR. APP (DB) No.672 of 2024(6) dt.11-11-2024 there is no separate representation of the informant in this case.

3. The written objection is on record.

4. The appellant along with another has been convicted under Sections 302/34 and 201/34 of the Indian Penal Code; Sections 25(1-B)a and 27 of the Arms Act; and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989 vide judgment dated 30.03.2024 passed by the learned Exclusive Special Court, SC/ST (POA) Act, Nawada in Exclusive Special (SC/ST) Case No. 16 of 2019, arising out of Pakri Barawan P.S. Case No. 29 of 2019. By order dated 06.04.2024, he has been sentenced to undergo R.I. for life, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer S.I. for six months under Section 302 of the IPC; R.I. for seven years, to pay a fine of Rs. 2,000/- and in default of payment of fine, to further suffer S.I. for two months under Section 201 of the IPC; R.I. for three years, to pay a fine of Rs. Patna High Court CR. APP (DB) No.672 of 2024(6) dt.11-11-2024 1,000/- and in default of payment of fine, to further suffer S.I. for one month under Section 25(1-B)a of the Arms Act; R.I. for seven years, to pay a fine of Rs. 2,000/- and in default of payment of fine, to further suffer S.I. for two months under Section 27 of the Arms Act; and imprisonment for life, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer S.I. for six months under Section 3(2)(va) of the SC/ST (POA) Act, 1989.

This is an appeal filed by the Assessee directed against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], under section 250 of the Income tax Act, 1961 dated 28.06.2024 for A.Y.2019-20. The assessee has raised the following grounds of appeal :

"1. The Ld.CIT(A) has wrongly confirmed the disallowance of deduction of Rs.15,60,115/- claimed by the appellant u/s.80P(2)(a)(i) of the Income Tax Act, 1961.

2. Alternatively, the interest income earned by the appellant from the investments in a co-operative bank is also eligible for deduction under section 80P(2)(d) of the Income Tax Act, 1961.

3. The Appellant crave leave to add, delete, amend, alter, vary and/or withdraw all or any one of the above grounds of appeal."

These are appeals preferred by the assessee against the separate impugned orders of the Assessing Officer (hereinafter in short 'the AO') dated 29.03.2021 / 31.03.2021 pursuant to the directions of the Dispute Resolution Panel (hereinafter in short 'the DRP') both dated 05.02.2021 and pertain to Assessment Years (hereinafter in short 'AY') 2016-17 & 2015-16 respectively.

IT(TP)A Nos.32 & 33/Chny/2021 (AY 2016-17 & 2015-16) M/s.Sundram Fasteners Ltd.

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2. Both parties agreed that issues permeating in both the assessment years are similar and identical except that of ground no.3, 5, 9, 12 & 13 for assessment year 2016-17, which will be discussed at the last.

These are appeals preferred by the assessee against the separate impugned orders of the Assessing Officer (hereinafter in short 'the AO') dated 29.03.2021 / 31.03.2021 pursuant to the directions of the Dispute Resolution Panel (hereinafter in short 'the DRP') both dated 05.02.2021 and pertain to Assessment Years (hereinafter in short 'AY') 2016-17 & 2015-16 respectively.

IT(TP)A Nos.32 & 33/Chny/2021 (AY 2016-17 & 2015-16) M/s.Sundram Fasteners Ltd.

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2. Both parties agreed that issues permeating in both the assessment years are similar and identical except that of ground no.3, 5, 9, 12 & 13 for assessment year 2016-17, which will be discussed at the last.

1. This second bail application has been filed by the accused- petitioner under Section 483 of B.N.S.S. in connection with FIR No.179/2024 registered at Police Station Khoh, District Deeg for the offences under Sections 319(2), 338, 336(3), 340(2), 61(2)

(a), 313, 317(5), 303(2) & 318(4) of BNS and Section 66D of I.T. (Amendment) Act, 2008.

2. The First Bail Application No.11314/2024 filed by the accused- petitioner was dismissed as withdrawn vide order dated 18.09.2024 with liberty to file fresh bail application after filing of the challan.

3. Learned counsels for the petitioner submit that the accused- petitioner has falsely been implicated in this matter. Counsels further submit that the Police after completion of investigation has [2024:RJ-JP:46166] (2 of 3) [CRLMB-13786/2024] submitted charge-sheet in the matter. Counsels also submit that the petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail.

For Petitioner(s) : Mr. Sohan Kumawat for Mr. Shailender Balwada For Respondent(s) :

HON'BLE MR. JUSTICE SAMEER JAIN Order 08/11/2024 Learned counsel for the petitioner has submitted that vide an advertisement in the Year 2012, applications were invited for the [2024:RJ-JP:46382] (3 of 3) [CW-2354/2019] post of Constable moreover, total seats intake for the said post were approximately 49898.

It is further submitted that final result was declared and subsequent selection is made. Moreover, a legal notice was filed by the petitioner long ago.

For Petitioner(s) : Mr. Meghraj Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.438/2024, registered at the Police Station Niwai, District Tonk for the offences punishable under Sections 3, 25(1)(b) & 25(8) of Arms Act.

2. Heard.

3. Considered.

4. Having regard the submissions made by counsel for the petitioner so also the fact that no recovery has been effective from the accused-petitioner and more particularly the co-accused have already been enlarged on bail by this Court on 24.10.2024 and the accused-petitioner is in custody since long time, this Court without expressing any opinion on the merits and demerits of the case, [2024:RJ-JP:46152] (2 of 2) [CRLMB-13712/2024] deems just and proper to enlarge the petitioner on bail.

1. The present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 ('CrPC') challenging the judgment on conviction dated 18.11.2023 (hereafter 'the impugned judgment') and order on sentence dated 11.01.2024 (hereafter 'the impugned order on sentence'), passed by the learned Additional Sessions Judge, Tis Hazari Courts, Delhi, in SC No. 103/2017 (Old SC No. 39/2017) arising out of FIR No.732/2016, registered at Police Station Punjabi Bagh.

2. The learned Trial Court by the impugned judgment has convicted the appellant for the offences under Section 10 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'), Sections 354/354B of the Indian Penal Code, 1860 ('IPC'), Section 18 of the POCSO Act read with Section 6 of the POCSO Act, Section 511 of the IPC read with Section 376 of the IPC as well as Section 506 of the IPC.

SANJEEV NARULA, J.:

1. Mr. Khalid Jahangir Qazi, a national of United States of America holding the status of an Overseas Citizen of India,1 has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, 1950, seeking entry to India. He challenges the legality of two restrictive measures imposed upon him - order dated 12th May, 2023 issued by the Consulate General of India, New York,2 cancelling his OCI card under the Citizenship Act, 1955,3 and the Citizenship Rules, 2009; and a subsequent blacklisting order issued by the Ministry of Home Affairs, under the Foreigners Act, 1946,4 restraining his entry into India. The underlying basis of these actions, as asserted by the Respondents, is the Petitioner's alleged involvement in activities deemed to be prejudicial to the interests of India.

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

1. In this original application, registered suo motu, the Tribunal is considering the issue of delay in filing the reports by the State Expert Committees and its effect on the unclassed forests.

2. By order dated 31.07.2024, 38 respondents were impleaded and notices have been served upon them.

3. Replies on behalf of only UT of Ladakh and State of Andhra Pradesh have been received.

4. The previous order also indicates that there are 7 States, i.e., Goa, Haryana, Jammu & Kashmir, Ladakh, Lakshadweep, Tamil Nadu and West Bengal, who do not appear to have constituted the Expert Committees till now.

5. Learned Counsel appearing for the MoEF&CC submits that the Ministry is in touch with the authorities of all the States and the last meeting was held on 03.10.2024 and that after collecting the relevant information, the MoEF&CC will file the reply within four weeks.

1. Learned Counsel appearing for the Respondent No. 1 submits that the reply has been filed but the same has been filed belatedly, therefore, it has not come on record. The office is directed to place it on record.

2. Learned Counsel for Respondent No. 1 is directed to supply a copy thereof to the Counsel for the Applicant within one week.

3. Learned Counsel for Respondent No. 2 has also informed that the Officer of UPPCB had visited the site and found that the solid waste was unauthorizedly dumped in an area of 1600 sq.m. He has pointed out that there is no sanction/approval granted by the UPPCB in respect of this secondary collection point. He has sought two weeks' time to file the reply.

1. Learned Counsel appearing for the Respondent No. 1 submits that the reply has been filed but the same has been filed belatedly, therefore, it has not come on record. The office is directed to place it on record.

2. Learned Counsel for Respondent No. 1 is directed to supply a copy thereof to the Counsel for the Applicant within one week.

3. Learned Counsel for Respondent No. 2 has also informed that the Officer of UPPCB had visited the site and found that the solid waste was unauthorizedly dumped in an area of 1600 sq.m. He has pointed out that there is no sanction/approval granted by the UPPCB in respect of this secondary collection point. He has sought two weeks' time to file the reply.

1. Vide order dated 29.08.2024 Prakash Grih Nirman Sehkari Samiti Maryadit was directed to file the reply. Learned counsel representing respondent/ Prakash Grih Nirman Sehkari Samiti Maryadit has submitted that due to technical reasons reply has not been uploaded. The same may be filed within two weeks with copy to the opposite parties.

2. In the meantime, learned counsels for the State and BMC are directed to trace the map, revenue record with regard to allotment/allocation of green belt in the Map as approved.

3. Applicant present in person has submitted that the present matter relates only to the cutting of trees. MPPCB has issued notice to the Prakash Grih OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors. Nirman Sehkari Samiti Maryadit with assessment of environmental compensation but the same has not been replied till date. State PCB is directed to finalise the matter and report within two weeks.

1. In this original application, one of the Alumni of Respondent No. 2, Banaras Hindu University (BHU) has made an allegation of large-scale felling of trees within the campus without any permission by the competent authority. The allegation is that the trees of Shagaun, Sandalwood, Mango, etc. have been cut.

2. The Tribunal on 31.07.2024 had issued notice to the respondents and had also formed a two-member Joint Committee with a direction to the Committee to visit the site and ascertain the correct position and submit the report.

3. The Joint Committee has submitted the report dated 29.10.2024 disclosing that the Divisional Forest Officer, Varanasi in the year 2022- 23, 2023-24 and 2024-25 (till now) had granted permission to cut 135 trees in the campus. But as against this, Respondent No. 2 had cut 149 trees, and university could not clarify the position in respect of 14 trees. The Joint Committee had found that 6 Mango, 3 Gold Mohar, 1 Kathal and 2 Mahua trees were illegally cut on the spot for which the Forest Department of Varanasi has registered the Forest Offence No. 43/2024- 25 dated 23.10.2024. The report of the Joint Committee further discloses that Committee constituted by the Forest Department, Varanasi had found that total 161 trees were cut in the campus and permission only for 135 trees was granted, therefore, 26 trees were cut by the university administration without the permission of the Forest Department for which the Conservator of Forest, Varanasi Circle, Varanasi had sent the letter no. 1053/2-43 dated 15.10.2024 to the Deputy Director, Forest (Central), Regional Office, Ministry of Environment, Forest and Climate Change. The report further reflects that 7 sandalwood trees have been cut illegally without any permission.

1. This original application is registered suo motu on the basis of the news item titled "दे हरादन ू : उ राखंड के 104 वग कलोमीटर जंगल पर क ज़ा... सैकड़ो पेड़ काटे , वन वभाग क भू मका सवालो म" appearing in 'Amar Ujala' dated 22.08.2024.

2. The news item relates to the encroachment of forests in Uttarakhand. As per the article, a total of 104.54 square kilometres of forest in 39 forest divisions of the State is occupied by encroachers. The news item questions the inaction by the Forest Department as the encroachment took place gradually, yet no action has been taken by the authorities. The article mentions that 11 thousand hectares of forest land in the State were encroached and the Forest Department did not even know about it and upon gaining knowledge, only 11.5 hectares of forest land were freed from encroachment. Furthermore, the Uttarakhand Forest Statistics Book published in 2017-2018 reported that 9,506.2249 hectares of forest land were encroached upon. However, under the CM's instructions, a recent campaign initiated by the Forest Department last year reported an increased figure of 11,814.47 hectares of encroached forest land. This raises questions about whether the increase occurred over the past three years or if it reflects earlier encroachments that were previously unreported.

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

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

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

HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR Order 08/11/2024 Learned counsel for the petitioner would fairly submits that the issue raised in this petition is no longer res integra and stands concluded vide order dated 01.10.2024 passed by this Court at Jaipur Bench in the case of D.B Civil Writ Petition No. 12895/2024 (Ajay Meena & Ors. Vs. Rajasthan High Court & Ors.). The order reads as under:-

1. This writ petition has been filed by the petitioners with the following prayers:

"(i) Issue a writ order or direction in the nature thereof the respondent be consider the petitioners for appear in typewriting test on computer who shall be scheduled very soon.

Date : 11.11.2024 Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner; Mr. B.D. Deka, learned counsel for the caveator/respondent no. 6; Mr. C. Baruah, learned Standing Counsel, NHAI/NHIDCL for the respondent nos. 1, 2, 3 & 4; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent no. 5.

In view of the Judgment of the three-Judges Bench decision in Life Insurance Corporation of India vs. Nandini J. Shah and others, reported in [2018] 15 SCC 356, and the Judgment and Order dated 27.02.2024 passed in the writ petition, W.P.[C] no. 558/2024, the learned counsel for the petitioner has submitted that he would complete his instructions on the issue of the maintainability of this writ petition under Article 226 of the Constitution of India, in view of the fact that the Judgment and Order under challenge is passed by the Principal Civil Court of original jurisdiction in a reference under Section 3H[4] of the National Highways Act, 1956.

Date : 11.11.2024 Heard Mr. K.N. Choudhury, learned Senior counsel assisted by Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional PP for the State.

2. By filing this petition u/s 483 BNSS, 2023, the petitioner, Sunu Ali @ Md.

Page No.# 2/8 Nur Hussain has prayed for granting regular bail in connection with NDPS case No. 187/2024 u/s 21©/29 of NDPS Act (arising out of STF PS case no. 20/23) pending in the court of learned District and Sessions Judge No.5, Kamrup (M), Guwahati.

3. The instant case relates to recovery of commercial quantity of heroine from the hidden chamber of Tata Yodha vehicle bearing no. AS-25EC-4464 and the present petitioner was found inside the vehicle along with the alleged contraband. Accordingly, the recovered items were seized and the present accused/ petitioner was arrested.

by Mr. A. Chandran, Additional Senior Government Advocate, Arunachal Pradesh.

: Mr. D. Saikia, Advocate General, Assam, assisted by Mr. M. Phukan, Public Prosecutor, Assam and Ms. P. Barua, Advocate. : Ms. M. Kechii, Additional Advocate General, Nagaland. : Ms. P. Bhattacharyya, Additional Advocate General, Mizoram.

Page No.# 2/16 Date of Hearing : 04.11.2024 Date of judgment : 11.11.2024 JUDGMENT & ORDER (CAV) (Vijay Bishnoi, CJ)

Petitioners have invoked the jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all proceedings against them.

2. Petitioners are accused 1 to 8 in S.C.No.1346/2019 on the files of the Assistant Sessions Court, Thiruvananthapuram, arising out of Crime No.1593/2018 of Poojappura Police Station, registered for the offences under Sections 143, 147, 148, 201, 202, 294(b), 506(ii), 326 and 308 r/w Section 149 of the Indian Penal Code, 1860. Respondents 2 and 3 are the defacto complainant and the injured witness.

3. According to the prosecution, the accused had, on 03.09.2018, formed themselves into an unlawful assembly after abusing the defacto complainant and the third respondent, assaulted them, inflicted grievous injuries, and thereby committed the offences alleged.

Nitin Jamdar, C. J.

This appeal under Section 5 of the Kerala High Court Act, 1958 is filed by the Original Petitioner, challenging the judgment and order issued by the learned Single Judge in W.P.(C) No. 37000 of 2024, dated 30 October 2024. By the impugned judgment, the learned Single Judge rejected the Petitioner's request, the mother of the minor survivor girl, to medically terminate her pregnancy.

2. The petitioner is the mother of a 16-year-old school-going girl. She has been subjected to repeated sexual assault. A crime has been registered at the police station under Sections 354, 354A(2), 354B, 376, 376(2)

(n), 376(3), and 506 of the Indian Penal Code, 1860, as well as Sections 4(1), (2) read with Sections 3(a), 6 read with 5(j)(ii), (1), 8 read with 7, and 12 read with 11(iv) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Neither the minor nor her mother was aware of the pregnancy until a Gynaecologist confirmed it. By that time, the foetus had reached a gestational age of 25 weeks and 6 days, and it was not possible to medically terminate the pregnancy without intervention of the Court.

The Court:- This appeal is arising out of an order rejecting an application for judgment upon admission filed under Order 13A of the Commercial Courts Act, 2015. This order is not appealable in terms of Section 13 of the Commercial Courts Act, 2015. Learned Counsel appearing on behalf of the appellant has fairly conceded that the appeal is not maintainable.

Hence the appeal is dismissed as not maintainable. The original certified copy shall be returned to the appellant by the Department concerned after retaining a photocopy of the same in order to enable the appellant to take appropriate steps in accordance with law.

(SOUMEN SEN, J.) (APURBA SINHA RAY, J.) mg

Date: November 8, 2024.

Appearance :

Ms. Swapna Choubey, Adv.

Mr. Udit Agarwal, Adv.

... for the plaintiff Mr. D.N. Sharma, Adv.

Mr. Nilay Sengupta, Adv.

Mr. Sailendra Jain, Adv.

Mr. Abhishek Jain, Adv.

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.

By way of this order, I intend to dispose off aforesaid-captioned appeals. These appeals involve similar question of law in the background of identical set of facts.

1 of 9 Neutral Citation No:=2024:PHHC:145543 other connected cases

2. For brevity, the facts are being culled out from from FAO No.1112 of 1988.

3. Instant appeal is directed against judgment dated 26th of August, 2022 passed by Sub Judge, 1st Class, Phagwara exercising powers as ESI Court under ESI Act, 1948 whereby the petition filed under Section 75-78 of the ESI Act, 1948 by the respondent has been allowed.

4. Recovery certificate under Section 45-A was issued and attachment proceedings were initiated against the respondent through Assistant Collector 2nd Grade, Phagwara for recovery of Rs.6690-95 paise. Respondent challenged the demand before ESI Court. It was claimed that the demand raised by the ESI Corporation was based on adhoc assessment without any survey. The demand has been raised w.r.t. 132 KV Sub Station, Phagwara. The same does not fall within the purview of ESI Act as the strength of the staff is only three in number. The staff employed for maintenance like Mali, Sweeper at the Sub Station are on the roles of XEN D/S and not on the roles of KV Sub Station. It was thus claimed that the respondent was not liable to pay any amount towards ESI contribution.

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."

N.S.Shekhawat J.

1. The petitioner had filed the present petition under Section 528 of B.N.S.S with a prayer to quash the impugned order dated 07.01.2023 (Annexure P-9) passed by the Court of Judicial Magistrate Ist Class, Amritsar, whereby the petitioner was declared as a proclaimed person in a case arising out of FIR No.140, dated 24.05.2021, registered under Sections 419, 420, 467, 468, 471, 448, 511, 506, 148, 149 and 120-B of IPC, Police Station Maqboolpura, District Police Commissionerate, Amritsar (Annexure P-1).

2. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the abovesaid FIR (Annexure P-1). The petitioner was not initially named in the FIR and had no knowledge with regard to the pendency of the proceedings against him. Learned counsel further contends that even the summons/warrants were issued against the petitioner on a wrong address and he was never served in the present case. Even, the 1 of 6 Neutral Citation No:=2024:PHHC:146455 CRM-M-38364-2024 - 2-.

1. Relief Sought The jurisdiction of this Court under Section 483 BNSS, 2023, has been invoked for the grant of regular bail to the petitioner in FIR No. 85, dated 12.09.2023, under Sections 379-B(2), 341, 336, 411, 201, 34 of IPC and Sections 25/27 of Arms Act, registered at Police Station Shekhwan, Police District Batala, District Gurdaspur, Punjab.

2. Facts Facts as narrated in the FIR reads as under:-

"Statement of Kawaljit Singh S/o Kuldeep Singh R/o House No. 177 Loharka Road, Gali No.9 NRI Colony, Amritsar aged 49 years. M. No. 98884-30028. Stated that I am resident of aforementioned address and is doing work of Fashion Designer at Amritsar. My in-laws are residing in village Talwandi Jangla. My father in law name is Sucha 1 of 6 Neutral Citation No:=2024:PHHC:145797 Singh son of Mohan Singh. Today I along with my wife Sarabjit Kaur aged 40 years went to meet my in-law's family at village Talwandi Jangla on Bullet Motorcycle No. PB-02-DV-4128 colour black. After meeting them at around 07:00 PM I along with my wife left for our house and at around 07:20 PM when we reach Qullian on Qadian to Batala road then one motorcycle came from back on which three boys were sitting. Two were clean shaved and one was in turban. They park their motorcycle in front of my motorcycle and stopped us. The boys told us that we should give them motorcycle and when I refused then one Hindu clean shaved person took our pistol and fired three shots in air to make us afraid. They took away my bullet motorcycle colour back No. PB02-DV-4128. I informed police by calling at 100 number and you have come at the spot."

1 This petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail in case F.I.R. No.0108 dated 19.09.2021 registered under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Bhikhiwind, District Tarn Taran.

2. Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

3. As per the case of the prosecution, the petitioner was found to be in illegal possession of 255 grams of heroin.

4. Counsel for the petitioner submits that the petitioner is behind bars for more than 3 years, 1 month and 17 days. Trial is proceedings at snail's pace as by now only 5 out of 11 witnesses could be examined.

1. Instant petition has been filed praying for quashing of the FIR No.159, dated 05.07.2017, under Sections 353, 186, 341, 332, 323, 148, 149 of IPC (challan presented under sections 353, 186, 341, 332, 323, 148, 149, 201 IPC), registered at Police Station Patran, District Patiala (Annexure P-1) along with all other consequential proceedings arising therefrom on the basis of compromise dated 16.07.2024 (Annexure P-3). Further prayer has been made for staying all the consequential proceedings arising out of the present FIR during the pendency of the present petition.

1 of 6 Neutral Citation No:=2024:PHHC:145330

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.

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. 121, dated 08.08.2023, under Sections 307, 379-B(2), 411, 473 of IPC and Sections 25/27 of Arms Act, registered at Police Station Dakha, District Ludhiana Rural.

2. Facts Facts as narrated in the FIR reads as under:-

"Statement of Rahul Rathore son of Satpal Rathore son of Kabrika Singh resident of Back side of Rythem Place, Mandi Mullanpur PS Dakha, Tehsil and District Ludhiana, aged about 23 years, Mobile no:

82831-59149, it is stated that I am resident of above mentioned 1 of 8 Neutral Citation No:=2024:PHHC:145836 address and I started learning the work of denting-painting after passing my 10th class in year 2015-16. Now I have one workshop situated near Mini Holland, Mandi Mullanpur under the name and style of B.R Motors. Yesterday 07.08.2023 at about 4:40 PM I took my car make Swift bearing registration number PB-22H-9291 whose denting-painting work was pending to Car Bazar, Ayali Chowk, Ludhiana from my workshop and at about 5:20 PM I took my car from said Car Bazaar and was going to Mullanpur and on my way I took some smoking material (Cigarettes-Bidi etc.) from one Khokha Shop) situated on the left side of PTCE Badowal from Railway Crossing Badowal and I along with my friend namely Sagar @ Bhalu resident of Mandi Mullanpur in said car make Swift were smoking, meanwhile two young persons dressed as Nihang Sikhs came near our car and they were standing there and they got stopped us and asked that where are you going, on which I told them that we are going to Mullanpur. They told me that our motorcycle is out of fuel and kindly took us along with you. On which I took both the said Nihang Sikhs along in my car and we left from there. Meanwhile when we reached at main GT Road and turned towards Mullanpur City then one of the Nihang Sikh called to some person and told that our motorcycle is out of fuel, kindly refill the fuel and stand near PTCE Badowal and get me communicate with that Khokha (shop) owner and took motorcycle from there. Thereafter when my car reached in front of the Baba Zahir Bali Badhowal then the Nihang Sikh who was sitting on the back seat took out his pistol and pointed it towards the temple of my friends namely Sagar @ Bhalu. I stopped my vehicle, on which my friend namely Sagar @ Bhalu ran away towards backside after opening the door of the car and both the Nihang Sikhs present in the car told that get out from the car otherwise we will shoot you. I protested for the same then the Nihang Sikh sitting on the back seat of the car opened a fire shot of his pistol towards me and it hit on the bicep of my left arm and pierced through it and the other Nihang Sikh pulled me out from the car by opening the door and took me out from the car and both the said Nihang Sikh snatched my car make swift bearing registration number PB-22H-9291 and ran 2 of 8 Neutral Citation No:=2024:PHHC:145836 away towards Mullanpur Mandi Side. There was flow of blood from my arm, due to which several passers-by got together at the spot and I took lift from some motorcycle rider and reached at my workshop at Mullanpur Dhaka, Where one Birbal took me to Civil Hospital Sudhar in his car make Creta. They referred me further to Civil Hospital Ludhiana and from there I was got admitted to Bhiwan Hospital, Kaccha Malk road, Jagraon by my father namely Satpal Rathore after arranging a vehicle. Here my treatment is going on. Kindly take required legal action against both the said unknown Nihang Sikhs. I have got recorded my statement to you, heard it as correct. SD/- Rahul verified by SD/- Satpal Rathore attested SD/ - Dharminder Singh ASI PS Dhaka dated 08.08.2023"

1. The instant petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure (for short 'the Code') seeking quashing of FIR No. 258 dated 20.11.2013 20.11.2013, registered under Sections 307, 115, 120-B B of IPC and Section 25 of the Arms Act, 1959 at Police Station Division No. 7, Jalandhar, chargesheet/final report under Section 173 of the Code, the order dated 13.01.2015, whereby the petitioners were ddeclared eclared as proclaimed offenders as well as all the subsequent proceedings having emanated ed therefrom.

2. Adumbrated facts as emanating from the record are that the aforementioned FIR was registered on the basis of the statement recorded by respondent No. 2/complainant 2/complainant Karanveer Singh on 20.11.2013 alleging that on the same day, he along with his partner Maninder Singh was present in his office situated at Urban Estate, Phase-2, Phase 2, Jalandhar, when at about 03:30 PM, 1 of 15 Neutral Citation No:=2024:PHHC:144868 CRM-M-12293 12293-2015 (O&M) -2- two youths having muffled faces entered inside his office, whereas two persons remained outside the gate and stairs of his offic office. The youths, who had barged into his office, were armed with pistols and when the complainant complain asked them about the reason for their coming there,, they opened fire with their pistols upon him with intent to kill him. The complainant, however, managed to save ave himself by by throwing a chair towards them and the bullets so fired hit on the side of his cabin after piercing through the chair and then hit the roof. On raising alarm, alarm, all of them fled away from the spot. The complainant disclosed that he identified one one of them as Parshotam Kumar, resident of Bijnor. He also alleged that said Parshotam Kumar was having enmity with his brother Vikramjit Singh, who was residing in Norway and was going to get permanent residency. Harminder Harminder Singh, father of the complainant, complainant recorded his statement under Section 161 of the Code disclosing that he was proceeding towards the office of his son, when two car cars were noticed while going from the side of the office. One of those cars cars,, which was Indica make, was driven by accused Parshotam Parshotam Kumar and three persons were sitting therein. He also disclosed that in the second car, which was Tata 207 make, Pawan Kumar @ Pawan and Kulwinder Singh @ Kaka were sitting and he already knew them. The statements of Vikramjit Singh, who was also present pre in India at that time, and other material witnesses were also recorded.

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.

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:

and submitted an inspection report on 11.05.2024.

3. The learned counsel for the petitioner has submitted that in paragraph no. 9 of the inspection report dated 11.05.2024, the only allegation, which has been made, is regarding enhancement of charges in respect of hajri form disproportionately and Patna High Court CWJC No.10426 of 2024 dt.12-11-2024 discontinuance of the share of Advocates and Advocate clerks in the same, resulting in resentment in the Bar, apart from some allegations being made in the said report regarding functioning of the Committee during the period 2022 to 2024, for which the petitioner is not responsible, inasmuch as his financial power had been seized vide letter dated 19.07.2023.

1. Mr. Devesh Upreti, learned counsel for the appellant.

2. Ms. Pushpa Bhatt, learned Deputy Advocate General for the State.

3. The instant criminal appeal has been preferred by the appellant - convict against the judgment and order dated 24.10.2024 passed by the Special Judge, NDPS Act, Champawat in Special Sessions Trial No. 49 of 2019 (State Vs. Lakhwinder Singh @ Lakki) whereby appellant has been convicted for the offence punishable under Section 8/21 (b) of the NDPS Act with a sentence of one year rigorous imprisonment and fine of Rs. 20,000/- and in case of default of payment of fine, to undergo additional imprisonment of three month.

1. Mr. M. S. Bhandari, learned counsel for the appellant.

2. Ms. Pushpa Bhatt, learned Deputy Advocate General for the State.

3. The instant criminal appeal has been preferred by the appellant - convict against the judgment and order dated 15.10.2024 passed by the Special Judge, NDPS Act, Dehradun in Special Sessions Trial No. 29 of 2021 (State Vs. Shubham) whereby appellant has been convicted for the offence punishable under Section 21

1. By this judgment, I shall decide present claim petition under Section 166(4) of the Motor Vehicle Act, 1988, filed by the petitioners/ legal representatives of Mr. Yugal Kishor (hereinafter referred to as 'deceased'), who sustained fatal injury in a motor vehicular accident.

2. Important facts of the case as per the claim petition and the documents annexed thereto are that on 06.11.2020 at about 03:30 p.m., the deceased as pillion rider on a scooter (make-Activa) bearing registration no. HR51AN-8607, being driven by his colleague Dev Narayan Thakur at a normal speed and on the correct side of the road, was going to his house from his workplace. When they reached near Sector-18, Gurugram, Haryana, in the meanwhile, a truck bearing registration no. HR63B-5016 (hereinafter referred to as the 'offending vehicle'), being driven by the respondent no.1 Sunil at a high speed, rashly and negligently, violating the traffic rules and without blowing any horn, came from the back side and hit the scooter with a great force. As a result of the accident, the deceased fell down on the road and came under the wheel of the offending truck and sustained head injury. The deceased was immediately removed to Medanta Medicity Hospital, Gurugram, where his MLC was prepared and he was declared 'brought dead' and his postmortem was conducted at Mortuary, Civil Hospital, Gurugram.

1. This is an criminal appeal under section 341 Cr.PC preferred by the appellant/ applicant against the impugned order dated 31.01.2020 passed by Court of Chief Metropolitan Magistrate SED/Saket Court, New Delhi whereby the application of appellant/applicant moved u/s 340 Cr.P.C. r/w Section 195(1)(b) Cr.P.C. was dismissed.

GROUNDS OF APPEAL

2. The grounds cited by the appellant against the impugned order are as under :

A. Because the Ld. Trial Court duly appreciated the fact that the Respondent Bank concealed the fact regarding the Appellant being in possession of the said property, and yet, in utter disregard of the prejudice caused to the Appellant due to such concealment, regarded the same as being non violative of the principles of natural justice.

:

The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information:

"1. Please provide the below information of under all Railway Zones of Indian Railways on all India basis.

S.No Name of the Full postal Address Name of the Telephone/Mo Email ID of Railway with PIN code of officer bile Nos. of the the Unions/Mazdoor the Railway Bearers and Officers Railway Sanghs/Associati Union/Mazdorr Designations bearers Unions/Ma ons Sanghs/Association zdoor s Sanghs/As sociations

:

The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information:

"1. Please provide the below information of under all Railway Zones of Indian Railways on all India basis.

S.No Name of the Full postal Address Name of the Telephone/Mo Email ID of Railway with PIN code of officer bile Nos. of the the Unions/Mazdoor the Railway Bearers and Officers Railway Sanghs/Associati Union/Mazdorr Designations bearers Unions/Ma ons Sanghs/Association zdoor s Sanghs/As sociations

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

R.SAKTHIVEL, J.

This Common Judgment will govern the following Civil Miscellaneous Appeals filed assailing the ‘Award dated January 24, 2019, passed in M.C.O.P.No.140 of 2016’ [henceforth ‘impugned Award’], by the ‘Motor Accident Claims Tribunal at Ariyalur (Chief Judicial Magistrate)’ [henceforth ‘Tribunal’]:

(i) C.M.A.No.3927 of 2019 filed by the petitioner seeking enhancement of compensation,

(ii) C.M.A.No.3204 of 2019 filed by the first respondent praying to set aside the impugned Award,

R.SAKTHIVEL, J.

This Common Judgment will govern the following Civil Miscellaneous Appeals filed assailing the ‘Award dated January 24, 2019, passed in M.C.O.P.No.140 of 2016’ [henceforth ‘impugned Award’], by the ‘Motor Accident Claims Tribunal at Ariyalur (Chief Judicial Magistrate)’ [henceforth ‘Tribunal’]:

(i) C.M.A.No.3927 of 2019 filed by the petitioner seeking enhancement of compensation,

(ii) C.M.A.No.3204 of 2019 filed by the first respondent praying to set aside the impugned Award,