Qwant, France’s privacy-focused search engine, and Ecosia, a Berlin-based not-for-profit search engine that uses ad revenue to fund tree planting and other climate-focused initiatives, are joining forces on a joint venture to develop their own European search index. The pair hopes this move will help drive innovation in their respective search engines — including and […]

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08.11.2024 Land Mesuring 03 kanals 02 marlas falling under khasra No. 2549/2406 Min situated at Phagmula Tehsil Pogal Paristan, District Ramban and land measuring 10 marlas falling under khasra No. 2549/2406 situated in the same village along with residential house constructed thereon is said to have been taken over by the respondents for construction of the road.

In the reply filed by the Collector, it has been submitted that the indent has been placed by Chief Engieer, Jammu vide No. CEJ/PMGSY/6706-09 dated 03.07.2023 for acquisition of land in question along with residential house in question. However, it is not mentioned in the reply as to whether any notification for acquisition of the property in question pursuant to the indent has been issued. It appears that pursuant to the indent dated 03.07.2023, the Collector has not issued the notification for initiating the process for acquisition of the property in question in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013.

11.11.2024

1. In this case, the appellant was granted bail on 30.12.2019 by this Court, however, till date, he has not been released because no one is there to stand surety for him.

2. This Court takes note of the fact that even after five years of passing of the bail order in his favour, the appellant continues to languish in prison, as nobody has come forward to stand surety for him. The facts disclose that there is prima facie violation of his rights under Article 21 of the Constitution.

3. Under the circumstances, the appellant shall be released on his personal bond to the tune of Rs. 50,000/- to the satisfaction of Superintendent, Central Jail, Kot Bhalwal, Jammu. In addition thereto, as nobody is there to stand surety for him, the appellant shall appear before the court of learned Chief Judicial Magistrate, Poonch once in every month, commencing from 18.11.2024 and thereafter, on such dates as set by the learned CJM, Poonch.

08.11.2024

1. The petitioners have sought a direction upon respondent No. 3 to issue passports in their favour.

2. According to the petitioners, they had applied for passports after depositing the requisite fee. The application of the petitioner was allotted file number JM1066761201422 whereas, application of petitioner No. 2 was allotted file number JM1066765476422, whereafter, the said applications were forwarded to respondent No. 2 for verification. The applications were submitted by the petitioners on 11.08.2022 and 12.08.2022 but despite lapse of so many years, the respondents have not taken any action in the matter which has compelled the petitioners to approach this Court.

1 The petitioner has challenged order No. 214/NRHM of 2008 dated 10.03.2008 issued by respondent No.2 to the extent of engagement of respondent No.4 as Laboratory Assistant under NRHM. A direction has also been sought by the petitioner upon the official respondents seeking his engagement as Laboratory Assistant in CHC, Marwah.

2 Form a perusal of the pleadings of the parties, it appears that a Notification No.02 dated 16.10.2007 was issued by respondent No.2 whereby applications were invited for contractual appointments in various categories at different levels in the erstwhile District Doda. Six posts of Laboratory Assistants were also advertised vide the said notification which was published in a Newspaper on 17.10.2007. A corrigendum to the said notification, was issued vide No.NRHM/DDC/9954 dated 24.10.2007 whereby, besides increasing the number of posts advertised, it was provided that the advertisement of the posts should be read for Districts Doda, Kishtwar and Ramban instead of the erstwhile District Doda. It was further provided that the candidates should be the residents of the erstwhile J&K State and that preference will be given to local candidates. It was also provided that number of posts advertised for the position of Laboratory Assistant would be six (two each) and as per the corrigendum, number of such posts was increased to (12).

1 By this common order, the afore-titled two petitions filed under Section 482 of Cr. P. C seeking quashment of FIR No.56/2021 registered at Police Station, Women Cell, Jammu for offences under Section 498-A and 109 of IPC, are proposed to be disposed of.The petitioners in CRM(M) No.386/2022 happen to be the father-in-law and mother-in-law of the complainant, whereas, petitioner in CRM(M) No. 577/2023 happens to be the husband of the complainant.

2 It appears that respondent No. 2/complainant filed an application under Section 156(3) Cr.P.C. before the learned Chief Judicial Magistrate, Jammu, alleging maltreatment at the hands of her husband and his other family members (petitioners herein) over demands for dowry. The learned Magistrate endorsed the said application to the concerned Police, and on the basis of direction of the Magistrate, the impugned FIR came to be registered. 3 It seems that during pendency of the aforesaid proceedings, learned counsel for the petitioners made a statement that a compromise has been arrived at between the parties. Therefore, on the basis of the said compromise, vide order dated 06.11.2024, the parties were directed to appear before the Registrar Judicial for recording their statements in support of the compromise arrived at between them. The complainant-respondent No.2 has made a statement before the Registrar Judicial on 06.11.2024, wherein she has admitted the aforesaid position.

1 By this common order, the afore-titled two petitions filed under Section 482 of Cr. P. C seeking quashment of FIR No.56/2021 registered at Police Station, Women Cell, Jammu for offences under Section 498-A and 109 of IPC, are proposed to be disposed of.The petitioners in CRM(M) No.386/2022 happen to be the father-in-law and mother-in-law of the complainant, whereas, petitioner in CRM(M) No. 577/2023 happens to be the husband of the complainant.

2 It appears that respondent No. 2/complainant filed an application under Section 156(3) Cr.P.C. before the learned Chief Judicial Magistrate, Jammu, alleging maltreatment at the hands of her husband and his other family members (petitioners herein) over demands for dowry. The learned Magistrate endorsed the said application to the concerned Police, and on the basis of direction of the Magistrate, the impugned FIR came to be registered. 3 It seems that during pendency of the aforesaid proceedings, learned counsel for the petitioners made a statement that a compromise has been arrived at between the parties. Therefore, on the basis of the said compromise, vide order dated 06.11.2024, the parties were directed to appear before the Registrar Judicial for recording their statements in support of the compromise arrived at between them. The complainant-respondent No.2 has made a statement before the Registrar Judicial on 06.11.2024, wherein she has admitted the aforesaid position.

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.

1 The petitioners have challenged order dated 23.11. 2023 passed by the learned Principal Sessions Judge, Jammu ('the Appellate Court' for short) whereby the appeal of the petitioners against order dated 10.07.2023 passed by the learned Special Mobile Magistrate (Electricity Magistrate), Jammu ('the trial Magistrate' for short) in a petition filed by the respondent against the petitioners under Section 12 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act' for short) has been dismissed.

2 It appears that a petition under Section 12 of DV Act was filed by the respondent against the petitioners and others including her husband Gurinder Singh before the learned trial Magistrate. It also appears that the marriage between the respondent and her husband, who happens to be the son of the petitioners herein, had taken place on 29.01.2015, whereafter, the relation between the respondent and her husband and in-laws including the petitioners herein did not remain cordial. In the petition under section 12 of the DV Act, the respondent leveled several allegations of domestic violence against the petitioners and her husband. It was alleged by the respondent that the petitioners and other family members of her husband including her husband abused and taunted her for bringing less dowry and she was even beaten up by them. She has given instances with regard to the incidents of alleged acts of domestic violence perpetrated upon her by the petitioners sand her husband. It has been alleged by her in the aforesaid petition that the petitioners and other family members of her husband were forcing her to bring dowry in the shape of different articles 3 It seems that on an earlier occasion, the respondent had filed a similar petition against the petitioners herein and her husband and the same was withdrawn by her in terms of order dated 07.12.2021 passed by the learned trial Magistrate. After withdrawal of the earlier petition under Section 12 of the DV Act, the respondent filed another petition under the same provision against the petitioners as well as her husband and her sister-in-law. During pendency of the said proceedings, the petitioners herein as also the sister-in-law of the respondent, namely Smt. Rani Kour filed an application for dropping of the proceedings against them. The trial Magistrate, after inviting objections from the respondent and after hearing the parties, partly allowed the said application in terms of order dated 10.07.2023 thereby accepting the application for dropping of proceedings to the extent of Smt. Rani Kour, sister-in-law of the respondent, but declining the said application to the extent of petitioners herein.

1. The present Petitions under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('A&C Act') have been filed by the Petitioner seeking appointment of an independent sole arbitrator to adjudicate upon the disputes which have arisen between the parties from work order dated 03.09.2014.

2. Shorn of unnecessary details, the facts leading to the filing of the present petitions are that:-

a. It is stated that the work order bearing No.JMD/SUBURIO- 67/FW/JKR/LOI/01, dated 03.09.2014 was issued by the Respondent in favour of the Petitioner herein for design, manufacture, supply, installation, testing, commissioning and handing over of Fire-Fighting system at JMD SUBURIO, Sector- 67, Sohna Road, Gurgaon, Haryana, for total consideration of Rs.1,69,51,000/-.

1. Petitioner has approached this Court under Section 34 of the Arbitration and Conciliation Act, 1996 („A&C Act') challenging the Order dated 13.05.2023, by which an application under Order I Rule 10 CPC filed on behalf of the Claimant (Petitioner-herein) seeking impleadment of Mr. Rajesh Kumar Srivastava as Respondent No.4 in the arbitration proceedings has been dismissed.

2. Shorn of unnecessary details, the facts leading to the filing of the present petitions are as under:-

1. Petitioner has approached this Court under Section 34 of the Arbitration and Conciliation Act, 1996 („A&C Act') challenging the Order dated 13.05.2023, by which an application under Order I Rule 10 CPC filed on behalf of the Claimant (Petitioner-herein) seeking impleadment of Mr. Rajesh Kumar Srivastava as Respondent No.4 in the arbitration proceedings has been dismissed.

2. Shorn of unnecessary details, the facts leading to the filing of the present petitions are as under:-

1. The present appeals have been filed by the appellants against the judgment of conviction dated 13.03.2024 ('impugned judgment') passed by the learned Additional Sessions Judge ('ASJ'), Karkardooma Courts, New Delhi and order on sentence dated 08.05.2024 ('impugned order on sentence') in case arising out of FIR No. 302/2011 registered at Police Station Seema Puri for offences under Sections 302/308/323/34 of the Indian Penal Code, 1860 ('IPC').

2. The appellants, by the impugned judgment, were convicted for the offences under Sections 323/304(II)/308/34 of the Indian Penal Code. A tabular statement of the conviction rendered and the sentence imposed by the learned ASJ on the appellants is reproduced below from the impugned judgment. All the sentences were to run concurrently.

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Buxar (Muffassil) Police Station Case No. 195 of 2024, disclosing offences under Sections 419/420/467/468/471/ 504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the informant and his sister-in-law Rani Devi purchased a piece of land by way of two registered sale deeds from Raghvendra Kishore Srivastava, situated at Mauza Hukaha, Thana No. 281, bearing Khata No. 185, Plot No. 46, having an area of 198 decimals. Thereafter, the informant got the information that accused Dhananjay Singh has executed a Patna High Court CR. MISC. No.71947 of 2024(2) dt.11-11-2024 forged sale deed, dated 24.01.2024, and in that sale deed some fictious person has been impersonated as seller Raghvendra Kishore Srivastava. The petitioner is one of the identifier and witness in the forged sale deed. After execution of the sale deed, the accused persons, armed with rifle, pistol, katta, lathi and bhala, came on 05.03.2024 and threatened to kill the informant and his family members.

Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 448, 341, 323, 324, 326, 307, 332, 354(B), 436, 427, 379, 353, 504, 506 of the Indian Penal Code and 27 of Arms Act.

3. As per the prosecution case, in relation to the Tarabari P.S. Case No.67 of 2024, police recovered kidnapped Chandni Kumari and arrested the accused Mintu Singh and kept them under the supervision of the police officials in the police station. Both Mintu Singh and Chandni Kumari committed suicide by hanging themselves. When the relatives of the deceased persons got the information about the incident, several persons including Patna High Court CR. MISC. No.74950 of 2024(2) dt.11-11-2024 the petitioners gathered along with deadly weapons and brutally assaulted the police official and also damaged their vehicles by setting them on fire.

These are appeals preferred by the assessee against orders of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter in short "the Ld.CIT(A)"), Delhi, dated 19.02.2024/20.02.2024 for the Assessment Year (hereinafter in short "AY") 2017-18.

2. First, will take up ITA No 701/Chny/2024 against Ld CIT(A) order dated 19.02.2024; and note that the main grievance of the assessee is against the action of the Ld.CIT(A) confirming the following actions of the AO (i) making an addition of Rs.19,28,069/- as unexplained money on ITA Nos.701, 743 to 745/Chny/2024 (AY 2017-18) M/s. Covai Marketing :: 2 ::

1.      The Appellant filed the instant Appeal under section 51(1) of the Consumer Protection Act, 2019 (hereinafter referred to as "the Act"), against the Order dated 22.07.2022 passed by the learned State Consumer Disputes Redressal Commission, Madhya Pradesh ("State Commission") in Consumer Complaint No. 83/2022, wherein the State Commission dismissed the Complaint.

2.      As per report of the Registry, there is 31 days delay filing the Appeal. For reasons stated in IA/9118/2022, the delay is condoned.

3.      For convenience, the parties in the present matter are being referred to as per position held in the Consumer Complaint.

4.      The brief facts of the case are that the complainant's husband, Dilip Kumar Singh, obtained an insurance policy from OP insurance company on 28.06.2015. On 16.08.2015, while returning from Omkareshwar to Ujjain during Kavad Yatra, he met with an accident near Baigram on the Indore-Khandwa road and died. Following his death, the complainant submitted a claim to OP insurance company. However, the same was rejected on the ground that material facts about previous health conditions of the deceased were not disclosed in the proposal form. Hence, complainant filed C.C. No. 83/2022.

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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.

Connected With S.B. Civil Writ Petition No. 4282/2021

1. Rahul Choudhary Son Of Shri Devendra Singh, Aged About 24 Years, Resident Of Ajeetpatti, Magorra, Mathura U.p.

2. Suresh Kumar Gautam Son Of Shri Udal Prasad Gautam, Resident Of 90, Saroj Vihar, Balajipuram, Aurangabad, Mathura, U.P.

3. Deepak Singh Son Of Shri Gulab Singh, Resident Of Baroli Chauth, Bharatpur (Raj.)

4. Ankit Chaturvedi Son Of Shri Gyanendra Chaturvedi, Resident Of Nayabas, (Kyrakhera), Koyal, Raya, Mathura, U.P.

5. Anuj Kumar Son Of Shri Rohtash Singh, Resident Of House No. 8/62/3, New Kaushalpur, Agra, Dayalbag, U.P.

Connected With S.B. Civil Writ Petition No. 4282/2021

1. Rahul Choudhary Son Of Shri Devendra Singh, Aged About 24 Years, Resident Of Ajeetpatti, Magorra, Mathura U.p.

2. Suresh Kumar Gautam Son Of Shri Udal Prasad Gautam, Resident Of 90, Saroj Vihar, Balajipuram, Aurangabad, Mathura, U.P.

3. Deepak Singh Son Of Shri Gulab Singh, Resident Of Baroli Chauth, Bharatpur (Raj.)

4. Ankit Chaturvedi Son Of Shri Gyanendra Chaturvedi, Resident Of Nayabas, (Kyrakhera), Koyal, Raya, Mathura, U.P.

5. Anuj Kumar Son Of Shri Rohtash Singh, Resident Of House No. 8/62/3, New Kaushalpur, Agra, Dayalbag, U.P.

2. Sumit Bhardwaj Tehsildar (L.r), Laxmangarh, District Alwar

3. Shriram Meena S/o Deviram Meena, Principal Government Upper Primary School Kajota Laxmangarh

4. Mukesh Chand Meena, Lr Mauzpur

5. Sanjay Kumar Meena Patwari, Chimrawali Gaur

6. Imtiyaj Mohammed Patwari, Mauzpur A

7. Bhagat Singh Choudhari Patwari, Mauzpur B

----Accused/Respondents For Petitioner(s) : Mr. Anoop Agarwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 05/11/2024 Counsel for the petitioner submits that against the order passed by the Special Judge SC/ST (Prevention of Atrocities) Cases, an appeal is provided under Section 14-A of the The Schedule Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short 'the Act of 1989').

----Respondent For Petitioner(s) : Mr. Amit Kumar Sharma 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.263/2024, registered at the Police Station Special Crime and Cyber Crime Police Station, Commissionerate Jaipur for the offences punishable under Sections 420, 406, 419, 120-B of IPC and 66 (C), 66 (D) of IT Act.

2. Heard.

1. Present petition has been filed for the following reliefs:

"I. To issue a writ, order or direction in the nature of Certiorari quashing the impugned appellate order dated 30.07.2008 passed by the Commissioner, Lucknow Division, Lucknow, Uttar Pradesh i.e. the Respondent No. 2, a copy whereof is annexed as Annexure-1 to this writ petition.

II. To issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 26.11.2007 passed by the Prescribed Authority (Ceiling) Lakhimpur, District Kheri, Uttar Pradesh i.e. the Respondent No.3, a copy whereof is annexed as Annexure-2 to this writ petition.

III. To issue a writ, order or direction in the nature of mandamus commanding the Respondents not to act upon the impugned order dated 26.11.2007 and impugned appellate order dated 30.07.2008 and create any hinderances in the peaceful enjoyment of the land in question of the Petitioners.

1. The case has been heard through Video Conferencing from Allahabad.

2. Heard Sri Vaibhav Kalia (in bail no.1538/2023), Sri Salil Kumar Srivastava (in bail nos.11541/2022, 14110/2022, 14113/2022 & 14164/2022), Sri Manish Mani Sharma (in bail nos.1575/2023, 1640/2023, 1920/2023, 1998/2023, 2066/2023, 2090/2023 & 2316/2023), learned counsels for the applicants and Sri Ajai Kumar, Sri Vivek Kumar Rai, learned counsels for the informant as well as Ms. Parul Kant, learned A.G.A. for the State and perused the record.

First Bail Applications Moved On Behalf Of The Applicants:-

3. Applicant- Nandan Singh Bisht went to jail on 19.10.2021 in Case Crime No.0219 of 2021, under Sections 147, 148, 149, 307, 326, 302, 120-B, 34, 427 IPC, Section 30 of Arms Act and Section 177 of Motor Vehicle Act, Police Station- Tikuniya, District- Lakhimpur Kheri.

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.

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.