as Qantas bows to furious Australian customers and overhauls its coronavirus credit policy By www.dailymail.co.uk Published On :: Tue, 05 May 2020 00:45:48 GMT Qantas has moved to revamp its credit policy during the coronavirus crisis after a wave of anger from out-of-pocket customers. Full Article
as Qantas extends flight cancellations until the end of July By www.dailymail.co.uk Published On :: Tue, 05 May 2020 06:27:17 GMT Qantas is preparing to lose $40 million a week until the travel industry recovers from the coronavirus shutdown. Full Article
as Flights between Australian cities could cost just $19 as Qantas tries to recover from COVID-19 By www.dailymail.co.uk Published On :: Tue, 05 May 2020 07:18:38 GMT Qantas could drop the price of regional flights to just $19 as the airline tries desperately to recover from the coronavirus shutdown. Full Article
as Royal Navy veteran says he was 'treated like a leper' after coronavirus hospital discharge By www.dailymail.co.uk Published On :: Sat, 09 May 2020 14:58:39 GMT Veteran Robert Embleton, 79, was left devastated by residents' response when he returned to his Plymouth retirement home after beating coronavirus in hospital. Full Article
as Boy, 16, fights for life after he was hit by TWO hit-and-run drivers while riding his bike By www.dailymail.co.uk Published On :: Sat, 09 May 2020 15:04:55 GMT Police were called at just after 11pm last night to a collision involving a cyclist on Streatham High Road, south west London. Two men in their 20s have been arrested in the local area. Full Article
as Chinese minister says nation's health system has 'shortcomings' By www.dailymail.co.uk Published On :: Sat, 09 May 2020 17:15:02 GMT Deputy director of China's National Health Commission Li Bin said that reforms are underway to improve the country's disease prevention and control mechanisms. Full Article
as Tesla has NOT been given the green light to resume production, California health official says By www.dailymail.co.uk Published On :: Sat, 09 May 2020 19:43:33 GMT 'We've been working with them, but we have not given the green light,' Alameda County Health Officer Erica Pan said of Tesla. 'We have not said it is appropriate to move forward.' Full Article
as Rapist dubbed the Beast of Kavos strikes again By www.dailymail.co.uk Published On :: Sat, 09 May 2020 20:22:58 GMT The 'Beast of Kavos', who was previously named as 47-year-old Dimitris Aspiotis (pictured left) , was given early release in August 2019, under a controversial new law. Full Article
as Italy's parks are filled with sunseekers as coronavirus deaths rise by 194 to 30,395 By www.dailymail.co.uk Published On :: Sat, 09 May 2020 20:29:53 GMT The Italian public took to bicycles around the Piazza Venezia and the Via dei Fori Imperiali in Rome while people of all ages walked and cycled to Ruffini Park in Turin during Phase Two of lockdown. Full Article
as Equalities Minister Liz Truss lambasts trans advocates for claiming they had Government approval By www.dailymail.co.uk Published On :: Sat, 09 May 2020 21:06:53 GMT Equalities Minister Liz Truss ordered EqualiTeach to stop using the logo of the Government Equalities Office on its controversial guidelines stating teachers must allow trans pupils to use toilets of their choice. Full Article
as Ivanka's personal assistant has tested positive for COVID-19 By www.dailymail.co.uk Published On :: Sat, 09 May 2020 21:39:46 GMT The assistant has not been around Ivanka Trump for weeks and has been working remotely. Both Ivanka Trump and her husband, Jared Kushner, tested negative for COVID-19. Full Article
as Polar Vortex blasts the northeastern US as latest snow ever is recorded in New York's Central Park By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:15:30 GMT Polar Vortex has blasted into the northeast with record low temperatures, winds and snow. Mt. Washington has a low of just 10 degrees, while Death Valley, California, is could reach 110 degrees. Full Article
as French resistance heroine who helped liberate Paris from the Nazis has died aged 101 By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:24:14 GMT Cecile Rol Tanguy (pictured) died yesterday at her home in Monteaux, central France, as Europe commemorated the 75th anniversary of the surrender of Nazi Germany to Allied forces. Full Article
as Harry says life has `changed dramatically´ in video message By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:39:36 GMT In a video posted on the event's Twitter account, the Duke of Sussex urged the 'Invictus family' to look out for each other and encouraged them to get involved with virtual activities. Full Article
as Piers Morgan admits he has probably 'taken things a bit too far' with his criticism of Meghan Markle By www.dailymail.co.uk Published On :: Sat, 09 May 2020 22:40:20 GMT The Good Morning Britain presenter has previously accused the Duchess of Sussex of having 'ditched' her own relatives and splitting her husband Prince Harry from the Royal Family. Full Article
as Texas man who lives near El Paso arrested for allegedly making online threat to shoot up a Walmart By www.dailymail.co.uk Published On :: Sun, 10 May 2020 04:29:50 GMT Alex R. Barron, 29, of Horizon City, Texas, was arrested Friday evening after the FBI said it received a tip on Thursday evening about a social media post containing a threat against Walmart. Full Article
as Professional baseball pitcher Mary Pratt, of the Rockford Peaches, has died aged 101 By www.dailymail.co.uk Published On :: Sun, 10 May 2020 05:42:15 GMT Mary Pratt (pictured), who played for the All-American Girls Professional Baseball League teams, The Rockford Peaches and Kenosha Comets in the 1940s, died Wednesday. Full Article
as Metropolitan police officers' spokesman blasts coronavirus response as 'wishy washy' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:43:27 GMT The Metropolitan Police Federation's Ken Marsh said British authorities 'needed to be firmer right from the beginning'. Pictured: Sunbathers in Greenwich Park, London yesterday. Full Article
as Fighters put in last-minute preparations ahead of UFC 249 headlined by Ferguson v Gaethje By www.dailymail.co.uk Published On :: Sat, 09 May 2020 19:53:57 GMT UFC 249 will be the first major US sporting event since the shutdown due to coronavirus. The main event will see Tony Ferguson fight Justin Gaethje for the interim lightweight championship. Full Article
as Major sport returns for first time during coronavirus pandemic as UFC 249 takes place in Florida By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:23:08 GMT Major sport returned for the first time during the coronavirus pandemic as UFC 249 took place without fans in Florida. The leading mixed martial arts promotion overcame controversy Full Article
as MLB 'considers playing a shortened 80-game season where teams only face regional rivals' By www.dailymail.co.uk Published On :: Sun, 10 May 2020 03:17:26 GMT Major League Baseball appears tentatively set to approve a plan that would call for an 80-game regular season beginning in early July. MLB Commissioner Rob Manfred is seen above. Full Article
as Ruthie Ann Miles announces that she has given birth to daughter Hope Elizabeth By www.dailymail.co.uk Published On :: Sun, 10 May 2020 06:52:51 GMT Broadway star Ruthie Ann Miles, 37, has given birth to a baby girl and announced it on her Instagram. Hope Elizabeth was born last month to her and husband Jonathan Blumenstein. Full Article
as Oprah walks 2.26 miles to mark Ahmaud Arbery's 26th birthday who was gunned down while jogging By www.dailymail.co.uk Published On :: Sun, 10 May 2020 06:57:51 GMT Oprah Winfrey walked 2.26 miles to mark Ahmaud Arbery's 26th birthday. 'I wonder what was he thinking in those last seconds of his life?,' Oprah wrote in the Instagram post. Full Article
as Bill Maher says Democrats should ignore Biden sexual assault accuser Tara Reade's claims By www.dailymail.co.uk Published On :: Sun, 10 May 2020 07:30:05 GMT The comedian and political commentator devoted part of Friday's Real Time with Bill Maher monologue to addressing the potential fallout of Reade's claims against the former Vice President. Full Article
as Smt. Subbalakshmi Kurada, ... vs Assistant Commissioner Of Income ... on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ITA No.2493/Bang/2019 Page 2 of 6 2. We heard the parties and perused the record. During the year under consideration, the assessee sold a residential house property for a sum of Rs.12.75 crores on 06-11-2015. She purchased another residential house property on 17-02-2016 for Rs.11.02 crores. The new house property was purchased in the joint name of the assessee and her son Shri Kurada Sagar Chakravarthy. The assessee claimed deduction of Rs.8.47 crores u/s 54 of the Act towards the cost of new residential house property against the long term capital gain arising on sale of original house property. Since the new residential house property has been purchased in the name of assessee and her son, the AO restricted the deduction u/s 54 of the Act to 50%, i.e., he allowed deduction to the extent of Rs.4.23 crores only. The Ld CIT(A) also confirmed the same and hence the assessee has filed this appeal. Full Article
as Nawash Kumar @ Nawash Singh @ ... vs The State Of Bihar on 10 April, 2020 By indiankanoon.org Published On :: Fri, 10 Apr 2020 00:00:00 +0530 No one appears on behalf of State as copy of the petition has not been served in the Office of Advocate General. Learned counsel for the petitioner is directed to serve a copy of the regular bail petition in the Office of Advocate General through email i.e. advocategeneralbihar@gmail.com. List this case on 15.04.2020 at 11:00 am. (S. Kumar, J) ranjan/- U Full Article
as Chandra Bilash Singh vs The State Of Bihar on 20 April, 2020 By indiankanoon.org Published On :: Mon, 20 Apr 2020 00:00:00 +0530 Mr. Mrigank Mauli, learned counsel, assisted the Court on behalf of the petitioner and Mr. Vinod Kumar, learned Additional Public Prosecutor, assisted the Court on behalf of the State. In this application, filed under Section 397 read with Section 401 Cr.P.C., the petitioner has challenged the judgment dated 28.08.2019 passed by learned Additional Sessions Judge- XVI, Patna, in Cr. Appeal No.4 of 1999, whereby the lower appellate Court affirmed the judgment and sentence of conviction and punishment dated 10.12.1998 passed in Gardanibagh P.S. Case No.770 of 1988. Full Article
as Union Of India vs Seashore Securities Ltd on 13 January, 2020 By indiankanoon.org Published On :: Mon, 13 Jan 2020 00:00:00 +0530 2. The petition has been filed for a money decree for an amount of Rs. L81,81,517/- and also for pendente lite and future interest with effect from Financial Year 2014-15 along with certain further claims which require i i s been consideration of foreign exchange fluctuations. The said amount has b 2 claimed for recovery of dues/outstanding dues in relation to an agreement between the petitioner and the respondent dated 10.08.2011 whereunder respondent was provided 3 MHz of Ku-band Space Segrnent Capacity on INSAT --~ Asiasat 5 Satellite System. 3. The petitioner, Government of India, has preferred this petition as a service orovider and the respondent, a broadcast licencee, is also a service orovider. The respondent has been shawn to be a "licencee" within the meaning of the term under the TRA] Act, 1997 (the Act}. The petition is thus claimed to be covered within the ambit of Section 14 of the Act. Full Article
as Union Of India vs Broadcast Initiatives Ltd on 3 March, 2020 By indiankanoon.org Published On :: Tue, 03 Mar 2020 00:00:00 +0530 2. At the outset, it is deemed useful to record that besides the two agreements both dated 1.4,2012 between the parties which are covered by present petition, the petitioner and a sister concern of the respondent namely, Mi Marathi Media Ltd. also had a similar agreement with the petitioner. Some of correspondences ayailable on record support the aforesaid fact and disclose common meetings on the issue of outstanding dues. 3. Against Mi Marathi Media Utd, alryost in similar factual situation, petitioner had preferred BP No. 39 of 2018 for claiming an amount of Rs. 1.31 crores approximately. After considering ali the relevant issues, that broadcasting petition alongwith BP No. 163 of 2018 was heard ex-parte and substantially allowed by a recent judgment and order of this Tribunal dated 14.2.2020. Learned counsel for the petitioner has placed strong reliance upon that judgment more so because this petition is also against the sister concern of Ml Marathi Media having aimest identical factual background and is also being heard ex-parte. This petition has been filed for a money decree for an arnount of Rs. 2,46,20,606/- and for pendente lite and future interest @ 18% ¢.a, 4, The petitioner is Union of india in the capacity of a service provider. The respondent, who is a broadcaster Heencee, is.alse a service previder. The respandent has been shawn ta be ef a "Hcencee" within the meaning of the term under the TRA! Act, 1997. The petition is, therefore, claimed ta be covered within the ambit of Section 14 of the TRAI Act. Full Article
as Indusind Media & Communications ... vs Broadcast Initiatives Ltd on 16 April, 2020 By indiankanoon.org Published On :: Thu, 16 Apr 2020 00:00:00 +0530 2. The petitioner company carries on the business of receiving signals from broadcasters of various television channels and of redistributing the same through franchisee cable network. The respondent company carries on business as a broadcaster/content provider. Both the parties are service providers and as such amenable to the jurisdiction of this Tribunal. 3. Through this petition, the petitioner is seeking recovery of Rs.1,51,88,898.26p(Rupees One Crore Fifty One lakhs Eighty Eight Thousand Ninety Eight and Paise Twenty Six Only) said to be the outstanding dues inclusive of interest as on 09.02.2016 along with interest @ 18% till the date of realization from the respondent. The dues are towards carriage fee for the services availed by 3 the respondent from the petitioner for carriage of its television channel "Live India". Full Article
as Sudiep Shrivastava vs Union Of India Ors on 25 September, 2014 By indiankanoon.org Published On :: Thu, 25 Sep 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Prof. A.R. Yousuf (Expert Member) Dated: September 25, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The Ministry of Environment and Forest (for short 'the MoEF'), Government of India vide their letter dated 21st December, 2011 accorded Environmental Clearance for Parsa East and Kanta Basan Opencast Coal mine project of 10 MTPA production capacity along with a Pit Head Coal Washery (10 MTPA ROM) to M/s Rajasthan Rajya Vidyut Utpadan Nigam Limited involving a total project area of 2711.034 hectare under the Environmental Impact Assessment Notification, 2006 (for short 'EIA Notification, 2006') subject to the specific conditions stated in that Order. 2 Full Article
as Shobha Phadanvis vs State Of Maharashtra Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions: 1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. " Full Article
as Shobha Phadanvis vs State Of Maharashtra Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions: 1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. " Full Article
as Vikash K.Tripathi vs Moef Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 "M.A.No.628 0f 2013 "Notice of this Misc Application on the question of limitation be issued by registered post/acknowledgement due and Dasti as well. Notice returnable on 04th September, 2013." ...........Sd/xxx..........................., CP (Swatanter Kumar) ..........Sd/-xxx.........................., JM (U.D. Salvi) .. ..........Sd/xxx..........................., JM (S.N.Hussain) .............Sd/xxx........................, EM (P.S.Rao) ............sd/xxx........................, EM (Ranjan Chatterjee) Page 3 (J) M.A. No.628/2013, ,Appln. No.17/2013 & Appeal No.80/2013 (WZ) Full Article
as Vikas K. Tripathi vs Secretary Moef Ors on 1 October, 2014 By indiankanoon.org Published On :: Wed, 01 Oct 2014 00:00:00 +0530 "M.A.No.628 0f 2013 "Notice of this Misc Application on the question of limitation be issued by registered post/acknowledgement due and Dasti as well. Notice returnable on 04th September, 2013." ...........Sd/xxx..........................., CP (Swatanter Kumar) ..........Sd/-xxx.........................., JM (U.D. Salvi) .. ..........Sd/xxx..........................., JM (S.N.Hussain) .............Sd/xxx........................, EM (P.S.Rao) ............sd/xxx........................, EM (Ranjan Chatterjee) Page 3 (J) M.A. No.628/2013, ,Appln. No.17/2013 & Appeal No.80/2013 (WZ) Full Article
as Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
as Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
as Krishan Kant Singh Anr vs National Ganga River Basin ... on 16 October, 2014 By indiankanoon.org Published On :: Thu, 16 Oct 2014 00:00:00 +0530 Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr. R.C. Trivedi (Expert Member) Dated: October 16, 2014 1. Whether the judgment is allowed to be published on the net? 2. Whether the judgment is allowed to be published in the NGT Reporter? JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small-scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste-water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water. Full Article
as Jsw Paints Private Limited vs Asian Paints Limited on 14 January, 2020 By indiankanoon.org Published On :: Tue, 14 Jan 2020 00:00:00 +0530 Case No. 36 of 2019 1 Brief facts and allegations 2. JSW Paints is stated to be a part of the JSW group of companies, which is involved in several sectors, including steel, energy, cement, etc. JSW Paints was incorporated in the year 2016 and launched its decorative paints in May 2019 in Bengaluru and Hubli in Karnataka. JSW Paints has introduced many innovative approaches in the paints industry for the first time in India. 3. Asian Paints is a listed company and is primarily engaged in manufacture and sale of decorative and industrial paints. According to its Annual Report for the FY 2018-19, it is the 3rd largest paint company in Asia and largest in India. In India, it has 8 manufacturing plants for decorative paints and 2 for industrial paints. Full Article
as Inphase Power Technologies ... vs Abb India Limited on 31 January, 2020 By indiankanoon.org Published On :: Fri, 31 Jan 2020 00:00:00 +0530 5 Mr. Rishi Gulati, "IGBT-based power quality compensation solutions are high Business end solution in terms of technology as compare to non IGBT Development which our company manufacturing. As per my market Manager, experience, I can say that approximately IGBT based power Cummins India quality compensation solution cost double to the customer as Ltd. compare to non IGBT base solutions. Switching speed is in nano seconds in IGBT based solutions whereas switching speed is in milliseconds in TSC or non-IGBT solutions." Full Article
as Plasser India Pvt. Ltd vs Harbour Sales Pvt. Ltd. & Others on 5 February, 2020 By indiankanoon.org Published On :: Wed, 05 Feb 2020 00:00:00 +0530 2. The Informant is stated to be a company engaged in manufacture of high performance and highly sophisticated machines for track maintenance, track laying and track renewal. OP-1 is a private limited company incorporated in India and OP-2 is a partnership firm established in India. OP-3, OP-4 and OP- 6 are Chinese companies engaged in developing railway track maintenance machinery. OP-5 is the Indian Railways, a Department of the Government of India. Case No. 45 of 2019 2 3. The Informant states that OP-5 periodically invites tenders for the supply of track maintenance machinery. In this connection, it is averred that OP-5 invited electronic bids for supply of Dynamic Track Stabilizing Machine vide Tender No. 'TM 1709' which inter alia required that 'Manufacturer or their agents may note that an agent can represent or quote on behalf of only one firm in a tender' [Clause 1.4.1 of 'Instructions to Tenderers]. Further, Check List-II of tender document also reiterates the same by stating that 'Manufacturer or their sole selling agents may note that an agent can represent only one firm in a tender and any manufacturer cannot submit more than one offer against a tender through different sole selling agents, or one directly and others through sole selling agents. In such a situation all the offers will be rejected.' Full Article
as Assam Plywood Manufacturers ... vs Assam Petrochemicals Ltd on 6 February, 2020 By indiankanoon.org Published On :: Thu, 06 Feb 2020 00:00:00 +0530 Case No. 34 of 2019 1 2. The Informant is an association of the plywood manufacturers in State of Assam. The OP is a public sector undertaking of Government of Assam established for production of methanol and formalin. 3. As per the Information, formalin is used by plywood units for manufacture of resin, which, in turn, is used as a binding agent in the manufacture of plywoods. The Informant states that formalin is purchased by them from OP, which is the sole unit in North-Eastern India manufacturing the same. The Informant has alleged that the OP is abusing its dominant position by charging a discriminatory price of formalin in State of Assam and State of West Bengal, while it charges Rs. 15,300/- per Metric Tonne ('PMT') in State of Assam, it charges only Rs. 11,000/- PMT in State of West Bengal. Full Article
as Mr. Makarand Anant Mhaskar vs Usv Private Limited & Other on 7 February, 2020 By indiankanoon.org Published On :: Fri, 07 Feb 2020 00:00:00 +0530 2. As stated in the information, the Informant is a pharmaceutical wholesaler who had placed an order for purchase of drugs from USV on 31.07.2019. Kundan vide its letter dated 06.08.2019, confirmed receipt of the said order of the Informant along with documents and demand draft. 3. The Informant alleged that USV imposed the following unfair conditions on the Informant: Collection of goods from Pune C&F agent (Kundan), which is 360 km away from the Informant's location. The Informant is not entitled to return any product purchased from USV for any reason whatsoever including those on account of expiry or damage. Advance payment to be paid every time. The Informant cannot purchase the products of USV from any other C&F agent. Full Article
as Abhiraj Associates Private ... vs Eastern Railways, Kolkata on 28 February, 2020 By indiankanoon.org Published On :: Fri, 28 Feb 2020 00:00:00 +0530 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. Full Article
as Shri Suprabhat Roy, Proprietor, ... vs Shri Saiful Islam Biswas, ... on 12 March, 2020 By indiankanoon.org Published On :: Thu, 12 Mar 2020 00:00:00 +0530 Case Nos. 36 of 2015, 31 of 2016 and 58 of 2016 33 Koushik Das: Yes, one BCDA N.O.C. is required with the application. Shri Arajit Das: Yes, that is essential, you prepare your papers I need the orders, otherwise it is problem to me. I have submitted my drug licence number, trade licence number everything. Koushik Das: Yes, but only those papers are not enough, there are something more, you have deal with Alembic before and done with other parties also. Shri Arajit Das: that is not required. Full Article
as Xyz vs Association Of Man Made Fibre ... on 16 March, 2020 By indiankanoon.org Published On :: Mon, 16 Mar 2020 00:00:00 +0530 2. It was stated that OP-1 is an association of man-made fibre manufacturers in India; OP-2 is the largest producer and seller of Viscose Staple Fibre (VSF) in India; OP-3 is a company registered in Thailand and promoted by OP-2; and OP-4 is a company belonging to the Aditya Birla Group operating in Indonesia and engaged in the business of manufacturing, selling and exporting VSF to customers located in the US, Europe, Turkey, Japan, Korea, China and other countries in both textile and non-woven segments. 3. The Informant alleged that OP-2 is the sole producer of VSF having a market share of almost 100% in India and it is misusing its sole position in the domestic market to squeeze the textile industry consumers. With regard to OP-3 and OP-4, it was alleged that OP-2 imports and markets its products and Case No. 62 of 2016 2 Public Version OP-3, operating from Thailand and OP-4, operating from Indonesia, have joined hands to exploit the Indian market. Full Article
as Ved Prakash Tripathi vs Director General Armed Forces ... on 6 May, 2020 By indiankanoon.org Published On :: Wed, 06 May 2020 00:00:00 +0530 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 Full Article
as Jeevan Singh vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : For Respondent(s) : Mr. S.K. Bhati, PP HON'BLE MR. JUSTICE ARUN BHANSALI Order 08/05/2020 Learned counsel for the applicant did not login. The Public Prosecutor was heard through video conferencing. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 06/2020, Police Station Sangaria, District - Hanumangarh for the offence under Section 8/22 of the NDPS Act. Full Article
as Sunil Jat vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 .. S.B. Criminal Misc. Bail Application No. 4048/2020. Sunil Jat S/o Shri Suwa Jat, aged about 29 years, resident of Bholi, Tehsil and District Bhilwara, Police Station Mangrop, District Bhilwara. ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Neeraj Kumar Gurjar (through video calling). For Respondent(s) : Mr. Anil Joshi, PP (through video calling). HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 08/05/2020 As per advisory, with regard to serious pandemic and infection of Novel Corona Virus (COVID-19), issued by the World Health Organisation (WHO), Rajasthan High Court, Central Government and the State Government for effective control over spread of COVID-19, none present in-person on behalf of the parties. Full Article
as Mahrilal vs State Of Rajasthan on 8 May, 2020 By indiankanoon.org Published On :: Fri, 08 May 2020 00:00:00 +0530 .. S.B. Criminal Misc. Bail Application No. 4047/2020. Mahrilal S/o Mohan B/c Joshi Age 55 Years R/o Uttarvada Police Station Badisadri, District Chittorgarh. ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Shreekant Verma (through video calling). For Respondent(s) : Mr. Anil Joshi, PP (through video calling). HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 08/05/2020 As per advisory, with regard to serious pandemic and infection of Novel Corona Virus (COVID-19), issued by the World Health Organisation (WHO), Rajasthan High Court, Central Government and the State Government for effective control over spread of COVID-19, none present in-person on behalf of the parties. Full Article