News UpdatesMan Conceals Criminal History To ‘Hoodwink Court For Ulterior Motives’: Allahabad High Court Imposes 5 Lakh Cost Sparsh Upadhyay15 Dec 2020 10:11 PMShare This – xThe Allahabad High Court recently imposed a cost of Rs. Five Lakhs on a petitioner who made an incorrect statement in the Writ Petition that merely on the basis of a single case, Gangsters Act had been invoked against him. The Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal was hearing a Writ Petition praying before the Court that impugned orders (directing the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Allahabad High Court recently imposed a cost of Rs. Five Lakhs on a petitioner who made an incorrect statement in the Writ Petition that merely on the basis of a single case, Gangsters Act had been invoked against him. The Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal was hearing a Writ Petition praying before the Court that impugned orders (directing the attachment of Petitioner’s property) of the District Magistrate, Mau be quashed. Contentions raised before the Court Petitioner’s contention was that vide order dated 21.10.2020, the District Magistrate, Mau had directed for attachment of properties of the petitioner exercising his authority under Section 14(1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 whereas vide order dated 29.10.2020, the District Magistrate by revising the order, also attached 300 tons of coal illegally stored in such properties. The Counsel’s for the petitioner submitted that the petitioner was victimized merely on the basis of suspicion. He further submitted that as per gang chart appended along with the FIR, registering Case Crime No. 47 of 2010 under Section 3(1) of the Gangsters Act at Police Station Kotwali, District Mau, there is mention of a solitary case against petitioner. It was submitted that on the basis of the solitary case, case against him was registered under the Gangsters Act, therefore, it was argued that the petitioner was falsely implicated with oblique motive. On the other hand, the AGA submitted that petitioner’s contention was factually incorrect and the petitioner cleverly suppressed material information from the main body of the writ petition. AGA submitted that there is long history of the petitioner’s involvement in criminal cases and that he is habitually involved in several criminal matters and these materials have been taken into consideration by the District Magistrate. It was contended that arbitrarily petitioner mentioned that he was involved only in one case namely Case Crime No. 1866 of 2009 which is factually incorrect and that amounts to suppression of material information from this Court. Court’s observation The Court was ‘amazed’ that petitioner did not mention the fact that he had history of other criminal cases to his credit. Further, the Court said, “We are thus of the considered view that the omission was intentional and deliberate with a view to hoodwink the court for ulterior motives which cannot go unpunished. It is apparent that petitioner is guilty of suppressing material facts.” The Court also said, “It is also apparent that petitioner has made an incorrect statement in the writ petition that merely on the basis of solitary case, Gangsters Act has been invoked against him. In fact, petitioner’s case is squarely covered by Clause i, ii and XXV of Section 2(1) (b) of the Gangsters Act, and therefore there is no ground to quash the impugned orders.” Further, for misrepresenting the facts before the Court, the Court was of the view that heavy cost was needed to be imposed on the petitioner as “he did not approach the court with clean hands to seek equitable relief in the form of issuance of either writ of certiorari or writ of mandamus.” Therefore, the Court dismissed the writ petition while imposing a cost of Rs. 5,00,000/- (Rupees Five Lakhs) on the petitioner. The cost has been directed to be deposited in the High Court Legal Services Authority within 30 days from the date of the Order. Case Title – Umesh Singh v. State of U.P. and another [Criminal Misc. Writ Petition No. – 13508 of 2020] Click Here To Download OrderRead OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
The world’s biggest sovereign wealth fund has withdrawn investment from mining firms Glencore and Anglo American over coal standards, and put BHP on notice Norway’s powerful investment vehicle has tightened its criteria for coal miningThe Norwegian Government Pension Fund Global – informally known as the Oil Fund – is the world’s largest sovereign wealth fund, investing revenues from the country’s substantial oil industry into stocks and shares in many of the world’s largest businesses.It owns almost 1.5% of all shares in the world’s listed companies, making it one of the most powerful investment vehicles internationally.Portfolio activities are controlled by Norwegian policymakers, and in recent years the criteria to which the fund holds companies accountable have become more sharply focused on environmental standards — largely in line with the UN’s Sustainable Development Goals.New guidelines added to its assessments were introduced last year to crack down on coal miners and coal power producers, leading to the exclusion of Glencore and Anglo American — along with energy providers Sasol, RWE and AGL Energy.Norges Bank, which administers the fund on behalf of the Norwegian government, said these firms had breached the new rules — which limit thermal coal extraction to 20 million tonnes per year and coal power capacity to 10,000 megawatts (MW).These added to the existing criteria which stipulate the firms in which the fund invests should not derive more than 30% of their income from thermal coal, or base 30% of their operations on the carbon-heavy resource.Miner BHP, along with Vistra Energy, Enel and Uniper, were all placed under special observation for their approach to the new coal guidelines, meaning they will come under heightened scrutiny when future investment decisions are being made. Vale excluded for tailings dam failuresVale was excluded for a “repeated dam breach” following the Brumadinho tailings dam collapse in January 2019 that killed an estimated 237 people and caused severe damage to the local environment in the Minas Gerais region.The incident, Brazil’s largest industrial disaster, came after the Samarco dam collapse in 2015, which killed 19 people at the iron ore project that was a joint venture between Vale and BHP.Norway’s Council on Ethics, which made the recommendation for Vale’s exclusion from the wealth fund noted that “there are several similarities between the two incidents”, with the common defects in the dam constructions posing “unacceptable risk” to future investment.An investigation into the exact circumstances of the Brumadinho disaster is currently underway, but a number of other investment groups have voiced similar concerns about the safety of tailings dams. Norway’s Oil Fund has dropped its support for a number of energy companies over their coal use and environmental standards (Credit: Glencore) Norway’s trillion-dollar sovereign wealth fund has ditched a host of big-name mining and energy firms from its investment portfolio for breaching its standards on coal use and environmental performance.Miners Glencore and Anglo American have been excluded from the Government Pension Fund Global for violating newly-introduced criteria limiting coal activities, while BHP has been put on an observation list for future investment decisions.The fund has also sold its interests in Brazilian mining giant Vale due to “unacceptable” contributions to “serious environmental damage” relating to the fatal Samarco and Brumadinho tailings dam disasters of 2015 and 2019.Along with these mining heavyweights, several oil and gas firms have also been removed on the basis of “unacceptable greenhouse gas emissions” from oil sands projects, including Canadian Natural Resources, Cenovus Energy, Suncor Energy and Imperial Oil.German utilities giant RWE has also been excluded for breaching the wealth fund’s criteria for coal use, which was updated in September last year with tighter regulations around the amount of thermal coal companies either use or produce.
WEST Indies all-rounder Roston Chase called his fighting century on the final day of the series against Pakistan the “toughest” of his career, after he ran out of partners with only one more over to see out a draw in Roseau.He was left unbeaten on 101, his third Test century, when Yasir Shah bowled Shannon Gabriel with the last ball of the penultimate over of the Test.“I wouldn’t say it’s up there with the other two but a century is a century,” Chase said after the match. “We ended up losing the match but this one was the hardest for me. The others were more fluent and the conditions were a lot easier but this one was really tough for me.The pitch was a slower one, you couldn’t play a lot of shots; the outfield was very slow and the bowlers really put the ball in good areas. This one was the toughest out of my few so far.“I thought it was a fighting effort. It’s sad to see that it didn’t mean much in the end because we lost the match but I thought the guys showed a lot of guts and effort not only today but in the whole match. (We) even put ourselves in the chance of, maybe not winning but, at least drawing the series.”Chase recalled how Yasir had dismissed him in three out of six innings in the UAE last year, when he had averaged 22.50 in the three Tests. In this series, Chase was out to Yasir twice in six innings but the batsman said he had found a way to counter the leg-spinner.“I didn’t really do that well in Dubai, so after that series I came home and worked on some of the things that I thought brought my shortfall in Dubai,” Chase said. “Especially Yasir; Shah got the better of me a lot and this was mainly because he was tying me down and then I was just falling to a bad shot because of the pressure.“When I went back home, something I really tried to work on was my sweep shot because that would put him off a little and change up the field and give me a little bit more scoring options.“I thought that really was the key, seeing that he was there all series, so once I got through him it was a little easier for me to play the other bowlers.”Chase’s hundred was not chanceless though. He was dropped twice by the debutant Hasan Ali, and then Mohammad Abbas had him caught in the slips on 92, but replays showed the bowler had overstepped. He was cheered on by the crowd in Roseau.“It’s always good to hear people calling your name,” Chase said. “So many guys are asking me if I’m actually from Dominica. I was always a big fan of the drums, so I love the drums and I love the Dominican fans.”With 403 runs in six innings, Chase finished the series on top of the run-scorers’ list, averaging 100.75 with two centuries and two half-centuries. No other batsman made more than 300.“Even though I’m always a confident guy, it does (add) a lot to see that I average 100 in the series against a quality attack,” he said.“I’m not going to let it get to my head and I’m going to go back home and the next Test series is England, so hopefully I should be there.“I’ll go and look at some footage of the English guys and see what weaknesses they have, what I’ll be looking to exploit and see if that can work. Work hard on those weaknesses so that I can put up some good performances in that series as well.” (ESPN Cricinfo)
Former footballers of Željezničar: Edin Džeko, Edin Višća, Ibrahim Šehić, Eldin Adilović, Edin Cocalić and Semir Štilić, decided to reward players of youth team squad from Grbavica, as announced from the FC Željezničar.Considering the current situation on the table, former players of the blue team, who began or built their careers in Željo’s jerseys, wanted to show the current generation that they have not forgotten the moments spent on Grbavica, and they wished their friends by color of jersey good luck in the coming eternal derby against Sarajevo, which would ultimately decide the champion of Bosnia and Herzegovina.With message, “You are not alone”, Džeko, Višća, Šehić, Adilović, Cocalić and Štilić are hoping that will inspire Bajić, Hadžiahmetović, Hasanović, Sadiković and others to give their best to fight for a better placement in the Premier League of Bosnia and Herzegovina and that once again, together with fans, will look forward to Europe, and perhaps the new title of champion of Bosnia and Herzegovina.Also, already mentioned players financially supported the youth squad team from Grbavica. (Source: nap.ba)