RESERVED ON : 11th NOVEMBER 2024 PRONOUNCED ON: 12th NOVEMBER 2024 _______________________ Judgment (Per Advait M. Sethna, J.)

1. Rule, made returnable forthwith. Respondents waive service. By consent of the parties, the petition is heard finally.

NOVEMBER 12, 2024 18-WP(L)-17982-2024(J).DOCX

2. This petition is filed under Article 226 of the Constitution of India. Briefly, the petition challenges an order dated 30 th March 2024 passed by respondent No.1 ("impugned order" for short). By the said order, the application filed by the petitioner dated 9 th November 2022 seeking waiver of interest charged under Section 234C of the Income Tax Act, 1961 ("Income Tax Act" for short) for the Assessment Year 2021-22 ("A. Y. Year 2021-22" for short) stood rejected. The reliefs/prayers in the petition are set out at pages 52 to 54 in para 12 thereof. The substantive relief/prayer is to quash and set aside the impugned order passed by respondent No.1 and to grant waiver of interest for an amount of Rs.3,88,59,353/- charged under Section 234C of the Income Tax Act. Such is the limited issue for consideration before us.

1. These applications raise an issue of jurisdiction of this Court, primarily, and were, therefore, heard together and are decided by this common order.

Interim Application (L) No. 30893 of 2022 -

2. This is an application for amendment in the petition for grant ial-30893-2022.doc of Letters of Administration to the property and credits of Claude Lila Narayan Parulekar (the deceased) so as to include additional movable and immovable properties enumerated in the schedule annexed at Exhibit A to the application.

Through: -

Mr. Furqan Yaqoob, GA CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The present petition in terms of Section 482 Cr.PC came to be preferred by the petitioner namely Farooq Ahmad Dar through his brother Ali Mohammad Dar.

At the motion stage this Court vide order dated 17.11.2023, called upon the petitioner to address regarding maintainability of the present petition. thereafter, none has turned up for further prosecution of the case.

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Accused No.3 in Special C.C.No.17/2024 pending on the file of learned XXXIII Additional City Civil and Sessions Judge and Special Court for NDPS, Bengaluru arising out of NCB Crime No.48/1/29/2023/BZU, registered by Narcotics Control Bureau, Bengaluru Zonal Unit, Bengaluru for the for the offences punishable under Sections 8(c) read with Sections 20(b)(ii) (A), 22(c), 23(c), 27, 27A, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), is before this Court under Section 439 of Cr.P.C. seeking regular bail.

2. Heard learned counsel for the petitioner and the learned counsel for the respondent, who has filed statement of objections.

(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner who is arraigned as accused No.3 has filed this petition under Section 482 Bharatiya Nagarika Surksha Sanhita, 2023 (for short 'BNSS') to grant him anticipatory bail in Crime No.126/2024 of respondent Police Station for the offences punishable under Sections of 406, 419, 420 r/w 149 of Indian Penal Code.

2. In support of his petition, petitioner has contended that he has not committed the alleged offences and has been falsely implicated. He is innocent and law abiding citizen. He has not involved in any other criminal case. Though the alleged offences are non bailable, they are not punishable with death or imprisonment for life. The complaint is an after thought cock and bull story created by the complainant. The alleged incident has taken place on 27.06.2024, but complaint is filed on 10.07.2024. The inordinate delay in filing the complaint is not explained.

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.

(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner who is complainant before the trial court has filed this petition under Section 482 of Cr.P.C. challenging the order dated 13.12.2017 passed by the trial court dismissing the complainant as against accused Nos.8 to 11, by which the trial court has ordered for issuance of process against accused Nos.1 to 7, but refused to proceed against accused Nos.8 to 11 who are revenue officials.

2. For the sake of convenience, the parties are referred to by their ranks before the trial court.

NC: 2024:KHC-D:16229

3. In support of the petition, complainant has contended that the refusal by the trial court to take cognizance against the accused Nos.8 to 11 is opposed to law, facts and probabilities of the case. The trial court has failed to appreciate that accused Nos.8 to 11 have failed to act in accordance with law. They have altered the boundaries of the property of the complainant in a manner advantageous to accused Nos.1 to 7, without issuing notice to the complainant. There are specific allegations in para 8 of the complaint regarding illegal acts of accused Nos.8 to 11 which is sufficient to take cognizance against them. Not only accused Nos.8 to 11 guilty of not providing opportunity to the complainant by issuing notice, but also in altering boundaries of the property of the complainant contrary to the documents. Complainant is required to be provided with an opportunity to establish the allegations made against accused Nos.8 to 11 and hence, the petition.

Nobody appears for the petitioner.

2. Accordingly, the application for anticipatory bail is dismissed for default.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of November 2024 03:58:09 PM

FAT 191 of 2020.

Mr. Sudvasattva Banerjee Mr. Shounak Mukherjee, Mr. Shubradip Roy, Advs.

..........for the appellant/ plaintiff/decree holder in FAT 191 of 2020 and for the respondent in FAT 194 of 2020.

2

1. Heard learned Counsel for the parties. The matter arises out of a judgment on admission passed by the Trial Court and the consequential decree.

1. The present revisional application has been preferred by the petitioner against an order dated 22.04.2022 passed by the learned Judge, 5th Special Court, Kolkata, in the proceeding being Special Case No. SEBI/39/2018.

2. The petitioner's case is that the petitioner had joined in Amrit Bio Energy and Industries Limited as an executive director on 27.04.2004, for the erection and commissioning of renewal energy power project. The said Amrit Bio Energy and Industries Limited is a group of companies under Amrit Projects Ltd. a company incorporated under the provisions of the companies Act, 1956. After being satisfied with the performance of the petitioner, Kailash Chand Dujari, the Managing Director of Amrit Projects Ltd. and its group of companies had offered the petitioner to become director of several other group companies of Amrit Projects Ltd. After joining the said Amrit Group the petitioner was to look into the development and set up of a power project of 10 M.W. in the District of Bankura, West Bengal. The said project was successfully completed under the supervision of the petitioner. The said Amrit Project Limited had started a business receiving deposits from the public at large without consulting with the petitioner. The petitioner had tendered resignation and resigned from the said Amrit Projects Limited and all its group of companies in the year 2013.

Faziran Khatoon wife of Md. Anwar Ali, resident of Phase-II, P.O. & P.S.- Bokaro Thermal, District- Bokaro

2. Gulam Hussain, son of Md. Anwar Ali, resident of Phase-II, P.O. & P.S.- Bokaro Thermal, District- Bokaro

3. Gulam Ali, son of Md. Anwar Ali, resident of Phase-II, P.O. & P.S.- Bokaro Thermal, District- Bokaro

4. Hassain Raza @ Hasnain Raja, son of Md. Anwar Ali, resident of Phase-II, P.O. & P.S.- Bokaro Thermal, District- Bokaro ... ... Petitioners Versus

1. The State of Jharkhand

2. Neha Kumari daughter of Umesh Ravani, resident of Phase-II, P.O. & P.S.- Bokaro Thermal, District- Bokaro .... ... Opposite Parties CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioners : Mr. Shadab Eqbal, Advocate For the State : Mr. Rakesh Ranjan, A.P.P. Order No. 05 Dated: 11.11.2024 The petitioners apprehending their arrest for the offences punishable under Sections 341/323/354/504/506/34 of the Indian Penal Code, have prayed for grant of anticipatory bail.

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