08.11.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 48 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Konark P.S. Case No.118 of 2021, corresponding to G.R. Case No.506 of 2021, pending in the court of learned J.M.F.C., Konark, for alleged commission of offences punishable under Sections 341, 294, 323, 325, 506, 34 of I.P.C.

08.11.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Byree P.S. Case No.95 of 2023, corresponding to C.T. Case No.946 of 2023, pending in the court of learned J.M.F.C., Chandikhole, for alleged commission of offences punishable under Sections 341, 323, 294, 307, 507, 506, 34 of I.P.C.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

Date of Hearing :08.11.2024 :: Date of Order :11.11.2024 A.C. Behera, J. This bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Spl. G.R. Case No.4 of 2024 in connection with Cuttack Sadar P.S. Case No.16 of 2024 pending in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack is taken up into consideration.

{{ 2 }}

2. I have already heard from the learned counsel for the petitioner, the learned Additional Government Advocate for the State and the learned counsel for the informant.

3. The petitioner is facing trial in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack in Spl. G.R. Case No.4 of 2024 arising out of Cuttack Sadar P.S. Case No.16 of 2024 remaining in the jail custody since 29.01.2024 as an under trial prisoner having been charged under Section 292-A, 212, 376(2)(n) of the IPC, 1860, Section 6 of the POCSO Act, 2012 and Sections 66-E, 67-A & 67-B of the I.T. Act, 2000 along with his other co-accused persons on the allegations alleged against him that, due to the frequent talking between the petitioner and the victim since the month of May, 2022, they loved each other and the petitioner proposed the victim for marriage. Thereafter, in the months of August and November, 2023, the petitioner took the victim by his motorcycle to the OYO Hotel on three different dates and made sexual intercourse with her in a room of that hotel in each occasion and took the naked/nude photographs of the victim inside the room of that hotel through his mobile phone and sent the said nude/naked photographs to the mobile phone of the victim through whatsapp and the said nude photographs of the victim were in her mobile phone, to which, she (victim) had not disclosed before {{ 3 }} any of her family members including her parents. Thereafter, there was disturbance between the victim and the petitioner, for which, the victim stopped her talking with the petitioner. So, the petitioner made the nude photographs of the victim viral. Thereafter, on dated 07.01.2024, she (victim) lodged F.I.R. against the petitioner at Sadar police station, Cuttack, alleging the aforesaid allegations.

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. By order dated 3rd July 2024, the following substantial questions of law were framed for hearing the Second Appeal finally at the admission stage :

(i) Whether the First Appellate Court could have enhanced the quantum of the plaintiff's claim in the absence of any cross-

appeal or cross-objection preferred by the plaintiff ?

(ii) Whether the quantum regarding the claim of the plaintiff decreed by both the Courts is on correct appreciation of the Surveyor's report at Exhibit-59, relied upon by the appellant ?

(iii) Whether the appellant proved that there was any fraud committed by the plaintiff at the time of submitting the claim ?

1. By order dated 3rd July 2024, the following substantial questions of law were framed for hearing the Second Appeal finally at the admission stage :

(i) Whether the First Appellate Court could have enhanced the quantum of the plaintiff's claim in the absence of any cross-

appeal or cross-objection preferred by the plaintiff ?

(ii) Whether the quantum regarding the claim of the plaintiff decreed by both the Courts is on correct appreciation of the Surveyor's report at Exhibit-59, relied upon by the appellant ?

(iii) Whether the appellant proved that there was any fraud committed by the plaintiff at the time of submitting the claim ?

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

Through: -

CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The short grievance projected by the petitioner, who is present person in the Court, is that he has e-mailed various complaints to the respondents with respect to outcome of the investigation, pertaining to FIR No. 114/2022, however, the same has not evoked any response till date. The petitioner submits that he will be satisfied if the concerned authorities are directed to accord consideration and dispose of the said complaints as per law and report in this respect is furnished to him.

11.11.2024

1. The petitioner being a consolidated worker engaged by the Municipal Committee, Handwara came to be terminated/disengaged from service with immediate effect in terms of impugned order No. MC/Hand/Estt/2022-23/32-36 dated 06.04.2023 by the Executive Officer, Municipal Committee, Handwara. This order is under challenge in the present writ petition by the petitioner.

2. In terms of an order dated 12.04.2023, this Court came to keep on hold the operation of the impugned order dated 06.04.2023, with a further interim direction unto the respondents to allow the petitioner to continue as a consolidated worker in terms of his original engagement order dated 30.12.2006.

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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 MR. JUSTICE C.M. POONACHA) The present writ petition is filed by the plaintiff challenging the order dated 16.07.2024 passed in M.A.No.7/2023 by the Court of the Senior Civil Judge and JMFC, Kalaghatagi1.

2. The relevant facts leading to the present writ petition are that the plaintiff instituted a suit in O.S.No.11/2023 before the Civil Judge and JMFC, Kalghatagi2 wherein the respondents herein arrayed as defendants. The reliefs sought for in the suit are extracted herein for ready reference.

"14. Prayer: That, the most respectfully and graciously prayed that, this hon'ble Court be please to pass decree in favour of plaintiff as under:-

12.11.2024 jb.

jdt.

Allowed C.R.M. (SB) 150 of 2024 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Chandipur Police Station Case No. 31/2022 dated 06.02.2022 under Section 380 with added Section 411 of the Indian Penal Code.

And In Re : Prasanta Jana ... Petitioner.

Mr. Ayan Basu Mr. Sandip Kr. Mondal Mr. Sumit Routh ... For the Petitioner.

Nobody appears for the petitioners.

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.

Darogi Yadav @ Bhupati, aged about 40 years, S/o. Shri Bodhan Yadav, R/o. Vill.- Dudhania Tola, P.O.- Khaira Block, P.S.- Cherko Pathar, Dist.- Jamui, Bihar.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

------

For the Petitioner : Mr. Sumit Prakash, Advocate For the State : Mr. Sudhir Kumar Mahto, A.P.P.

------

02/12.11.2024 Heard the parties.

For the Petitioners : Mr. Vikas Kumar, Advocate For the State : Mrs. Anuradha Sahay, A.P.P.

-----

03/12.11.2024 The petitioners are apprehending their arrest for the offences punishable under Sections 341/323/325/354-B/379/452/ 504/506/34 of the Indian Penal Code.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. As per the allegation, the petitioners tried to outrage the modesty of the informant and also snatched the gold chain from her neck worth Rs.95,000/-. It is further submitted that the petitioners are the neighbours and relatives of the informant. They have been implicated in this case by the informant due to previous enmity. The petitioners have no criminal antecedent as has been stated in paragraph no. 17 of the present application. They also undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

Chandan Singh, aged about 24 years, S/o. Kuldeep Singh, R/o. Toiladungary, P.O. & P.S.- Golmuri, Dist.- East Singhbhum, Jharkhand. ... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

------

For the Petitioner : Mr. Zaid Imam, Advocate For the State : Mr. Tarun Kumar, A.P.P. ------ 03/11.11.2024 Heard the parties.

2. The petitioner has been made accused in connection with S.T. Case No. 231/2024 arising out of Sidhgora P.S. Case No. 13/2024 corresponding to G.R. No. 468/2024, for the offences registered under Sections 341/323/325/307/302/504/506/120(B)/34 of the I.P.C., pending in the Court of Sri B.K. Sahay, learned Additional Sessions Judge-I, Jamshedpur.

Shashi Dungdung, aged about 24 years, S/o. Late Amrus Dungdung, R/o. Vill.- Karangagudi, Baijutoli, P.O. & P.S.- Kersai, Dist.- Simdega.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

------

For the Petitioner : Mr. Gaurav, Advocate For the State : Mr. Someshwar Roy, A.P.P.

------

02/12.11.2024 Heard the parties.

Shashi Dungdung, aged about 24 years, S/o. Late Amrus Dungdung, R/o. Vill.- Karangagudi, Baijutoli, P.O. & P.S.- Kersai, Dist.- Simdega.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

------

For the Petitioner : Mr. Gaurav, Advocate For the State : Mr. Someshwar Roy, A.P.P.

------

02/12.11.2024 Heard the parties.

CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

-----

For the Petitioner: Mr. P. K. Roy For the State: Mr. S. P. Jha, A.P.P ----- 03/11.11.2024 Heard learned counsel for the parties.

2. The petitioner apprehending his arrest in connection with the case registered under Sections 341/323/307/504/506/34 IPC has prayed for grant of anticipatory bail.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the F.I.R. He along with his wife has been roped in this case by the informant due to land dispute. Even if the contents of the written report are taken to be true, the informant sustained lacerated injury on his left eyebrow and there was bleeding from his left nostril. He was advised to undergo X-Ray of skull and CTC of head, however, he did not undergo the said scanning. The injuries sustained by the informant have been found simple in nature. The said fact has been mentioned in paragraph 6 of the present anticipatory bail application. The petitioner, however, undertakes to cooperate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

For the petitioner : Mr. Vijoy Kumar Roy, Advocate For the State : Mr. Shashi Kumar Verma, A.P.P

-----

02/11.11.2024 The petitioner is apprehending his arrest for the offences punishable under Sections 147/149/353/188/307/427/ 269/270 of the Indian Penal Code, Section 3 of Jharkhand Epidemic Disease (Covid-19) Act, 2020 and Section 51 of Disaster Management Act, 2005.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. As per the allegation, the accused persons including the petitioner by forming unlawful assembly used criminal force against public servants deterring them from discharging their official duties. They also pelted stones on the government servants being part of 'Mangala' procession. It is further submitted that the petitioner was not seen as the member of 'Mangala' procession in the CCTV footage. Despite that he has been implicated in this case with malafide motive only due to the reason that he was actively involved in 'Ramnavmi' puja. Moreover, similarly situated co-accused persons namely, Rajesh Keshri and Rakesh Keshri have already been granted anticipatory bail by a Bench of this Court vide order dated 24.08.2021 passed in A.B.A No. 5644 of 2021. Hence, the petitioner may be given the privilege of anticipatory bail.

1. Mithlesh Mandal @ Mithlesh Kumar Mandal, S/o of Ganpat Mandal

2. Jitendra Mandal, S/o Bajo Mandal

3. Sandeep Kumar, S/o Dhalo Mandal All residents of Panchayat Dasdih, Block Gandey, Village Margodh, P.S. Gandey, District Giridih.

.......... Petitioners.

-Versus-

The State of Jharkhand .......... Opp. Party.

-----

CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

-----

For the Petitioners : Mr. Rahul Dev, Advocate For the State : Mr. Sanjay Kr. Srivastava, APP

For the Petitioners : Mr. Mahesh Tewary, Advocate For the State : Mr. Bishambhar Shastri, A.P.P.

-----

03/12.11.2024 The petitioners are apprehending their arrest for the offences punishable under Sections 147/149/341/323/307/504/506 of the Indian Penal Code.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. As per the allegation, the petitioner nos. 2 and 3 assaulted the informant's husband due to which his left leg got fractured. So far as the petitioner no. 1 is concerned, there is no specific allegation against him. The dispute between the parties arose due to a drainage. Even if the content of the written report is taken to be true, the petitioner nos. 2 and 3 had no intention to kill the informant's husband as admittedly, he sustained fracture injury on his leg. The petitioners have no criminal antecedent as has been stated in paragraph no. 13 of the present application. They also undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

For the Petitioner : Mr. Subhneet Jha, Advocate For the State : Mr. Ajay Kumar Pathak, A.P.P

-----

04/12.11.2024 The petitioner is apprehending her arrest for the offences punishable under Sections 376/313/323/341/498-A/420/ 494/34 of the Indian Penal Code, Sections 3/4 of the Dowry Prohibition Act and Section 6 of the POCSO Act.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the complaint leading to lodging of the present F.I.R. It has been alleged that the petitioner along with co-accused Shivnandan Sahu @ Shivandan Sahu (father- in-law) and Pramila Devi (mother-in-law) was involved in getting pregnancy of the informant terminated and that the main accused Sikandar Sahu performed another marriage with her. In fact, co- accused Sikandar Sahu has not performed any marriage with the petitioner. She is merely a co-villager and she has been implicated in this case by the informant due to personal grudge. Moreover, co- accused Shivnandan Sahu @ Shivandan Sahu, Pramila Devi and Surendra Sahu @ Sulendra Sahu have already been granted anticipatory bail by this Court vide order dated 10.09.2024 passed in A.B.A No. 3816/2024. The petitioner also undertakes to co-operate in the ongoing investigation. Hence, she may be given the privilege of anticipatory bail.

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