A Delhi court has dismissed a suit filed against the Ministry of Communication and IT and Postal Department by a telemarketing firm seeking recovery of over Rs 11 lakh allegedly misappropriated by its employees and public servants.

Additional District Judge Kaveri Baweja rejected the plaint saying it was not maintainable as the alleged breach of trust was done by the firm’s own employee and recovery cannot be done from the central government and postal authorities.

“In these circumstances, since as per the case of the plaintiff (firm), it is its own employee, who committed alleged breach of trust, for which FIR has also been registered by plaintiff, the suit for recovery of the misappropriated amount of Rs 11,46,800 does not lie against defendants herein i.e. Union of India and postal authorities,” the judge said.

The court said, “Accordingly, in view of the discussion, the preliminary issue is decided against the plaintiff and in favour of the defendant. Suit of plaintiff is accordingly dismissed as being not maintainable.”

According to the suit, firm Eage Shopping Pvt Ltd sells goods through teleshopping and Internet to customers on the basis of online and cash payment on delivery.

In February 2012, the firm entered into an agreement with Postal Department for availing services of Express Parcel as per which the department would deliver the articles to the customers and collect money on behalf of the company, it said.

It added the department was required to remit money to the firm through cheque in the name of Eage Shopping Pvt Ltd.

The plaint alleged that the firm came to know that some of its officials in connivance with postal officials and others embezzled its funds and stocks and had issued cheques in the name of ‘M/s Eage Shopping’ instead of ‘M/s Eage Shopping Pvt Ltd’ to release the cheques into sham bank account.

It claimed that defendants have received Rs 11.46 lakh from the firm’s customers but did not give it.

An FIR was lodged at Janak Puri Police Station for the alleged offences of cheating, forgery and criminal conspiracy against the firm’s employees for misappropriating its funds after which the company filed the suit.

The court also noted that the firm’s employee himself used to receive cheques from concerned postal officials in a wrong name i.e. in the name of sham company ‘M/s Eage Shopping’ instead of ‘M/s Eage Shopping Pvt Ltd.’

“He also got the said cheques encashed in sham account in the name of ‘M/s Eage Shopping’, thereby causing loss to the plaintiff company by aforesaid breach of trust,” it said.PTI

The National Green Tribunal has directed a five-star hotel here to submit details of its water consumption after a plea alleged that the hotel was illegally extracting ground water and causing environmental degradation.

A bench headed by Justice U D Salvi directed Hotel Jaypee Vasant to inform the tribunal about the supply of water it received through tankers between August, 2015 to January, 2016 and also submit all bills in this regard.

“We direct the Respondent No 1 (Hotel Jaypee Vasant) to make a candid statement as to the supply of water through tankers between the period of August, 2015 to January, 2016 and place all such bills for the said period before us on the next date,” the bench said while posting the matter for next hearing on July 15.

During the hearing, Delhi Jal Board told the bench that the hotel has two sanctioned water lines and the average consumption for 26 days is 139 kilo litres that is 5.3 litres per day through one of the water lines. The consumption from the other water line is almost negligible, he said.

The counsel appearing for the hotel informed the bench that the water requirements are met either by Delhi Jal Board or water tankers.

The tribunal had last year issued notices to three five-star hotels, Central Ground Water Authority, Delhi Jal Board, New Delhi Municipal Council, Central Pollution Control Board.

The directions came while hearing a plea filed by Delhi resident Shailesh Singh seeking directions to immediately stop withdrawal of ground water without permission.

Singh had alleged that these five-star hotels were using “several lakh litres” of ground water and the sources of water are not visible in their premises.

The plea had alleged that according to Delhi Pollution Control Committee, one of the hotels was extracting 2,22,600 litres of water from supply and is having two bore-wells to extract ground water.

Earlier, the tribunal had imposed a fine of Rs 7.5 lakh on one of the hotels after it found “unsatisfactory” rain water harvesting systems in their premises.PTI

In a first, a teenager, who allegedly ran over a 32-year-old marketing executive while driving his father’s Mercedes, will now face trial as an adult after the Juvenile Justice Board (JJB) today said the offence allegedly committed by him was “heinous”.

The Presiding Officer of the JJB passed the order on the application of Delhi Police which had sought transfer of the case to trial court to try as adult the accused who turned major just four days after the April 4 incident.

It is the first of its kind case since the amendment in the Juvenile Justice (Care and Protection of Children) Act, 2015, which allowed the Board to transfer cases of heinous offences by children to Sessions court.

As per section 2(33) of the Act, “heinous offences” include the offences for which minimum punishment under IPC or any other law for the time being in force is imprisonment for seven years or more.

The police had on May 26 chargesheeted the juvenile in the JJB for the offence of culpable homicide not amounting to murder. The offence of culpable homicide not amounting to murder entails a maximum of 10 years jail.

The JJB had reserved its order yesterday after hearing for over an hour arguments by Special Public Prosecutor Atul Shrivastava who had said the boy belongs to the age group of 16-18 years and this offence comes under definition of “heinous crimes” so his case should be transferred to the trial court.

The JJB today accepted the argument and allowed the plea of Delhi Police, Shrivastava said.

Initially, a case under IPC sections 304 A (causing death by rash or negligent act) was lodged against the teenager but later on he was booked for the alleged offence of culpable homicide not amounting to murder and sent to the reform home.

Police had said in its charge sheet that the boy had fatally run over victim Siddharth Sharma with his father’s Mercedes when Sharma was trying to cross a road near Ludlow Castle School in north Delhi on April 4.

The final report was filed for alleged offences under IPC sections 304 (culpable homicide not amounting to murder), 279 (driving on a public way so rashly or negligently as to endanger human life) and 337 (causing hurt by an act which endangers human life) against him.

The Board had on April 26 granted bail to the youth who sought the relief to appear in entrance examinations.

Police had said that the car was being driven at a speed of at least 80 km per hour and Sharma was flung several feet into the air by the impact of the crash and landed around 15 metres away from where he stood.PTI

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The Supreme Court today refused to entertain the bail plea of Manoranjana Sinh, an accused in the multi-crore Saradha chitfund scam and suggested that she approach the Calcutta High Court for the relief.

A vacation bench of Justices P C Pant and D Y Chandrachud said that High Court is already seized of the matter and the relief could be sought by the accused, who is the wife of former union minister Matang Sinh, there also.

Senior advocate Rekha Palli, appearing for the accused, said she had been in custody for more than seven-and-half months during which she had also undergone two surgeries.

“She had been named in fifth supplementary charge sheet in the case and due to her medical conditions, bail should be granted to her,” the counsel said.

To this, the bench said that court had already directed the authorities to provide all necessary medical facilities to her.

The counsel appearing for Central Bureau of Investigation (CBI) opposed the bail plea and said that the accused should have first approached the Calcutta High Court with her plea before approaching the Supreme Court.

The bench, while disposing of the plea, granted liberty to Sinh to approach the High Court.

The CBI had last year arrested Sinh in connection with the Saradha chitfund scam.

The agency has alleged that Manoranjana had taken money from Saradha group Chairman Sudipto Sen by threatening him.

She has been accused of misappropriation of funds, cheating and criminal conspiracy.

The agency had registered the case on June 4, 2014 in accordance with the Supreme Court order on May 9, 2014 against the then CMD of Saradha Group Shantanu Sen and others under sections pertaining to criminal conspiracy, cheating and other offences.

It was alleged that the accused persons of the Group of Companies collected huge funds from investors under various investment schemes by fraudulently promising them high returns but failed to pay the amount to them and thereby cheated them.PTI

The CBI probing the Sheena Bora murder case today sought more time to file its reply on the desire expressed by prime accused Indrani Mukerjea’s former driver Shyamvar Rai to turn approver in the case.

The Special Judge HS Majahan adjourned the case until June 6 after special CBI prosecutor Kavita Patil sought more time.

Rai had on May 11 sought to turn approver, saying he wants to “disclose all truths” as he had taken part in the crime.

He had also written a two-page letter to the court seeking pardon. The agency had earlier sought time till today to file its reply.

Rai was the first accused to be arrested in the case in August 2015.

The murder came to light after Rai was picked up in connection with an arms case and later spilled the beans on the crime.

He had last year recorded his confessional statement before a magistrate under section 164 of CrPc, which unlike the police statement is admissible in the trial.

Indrani, her husband and media baron Peter Mukerjea, her former husband Sanjeev Khanna and Rai are accused in the case.

Sheena (24), Indrani’s daughter from earlier relationship, was strangulated inside a car in April 2012. Her body was found in a forest in Raigad.

The crime is allegedly linked to certain financial dealings.

Indrani, Khanna and Rai were arrested in August last year and Peter in November. According to the CBI, Peter was part of the murder conspiracy.

While Peter (59) and Khanna are lodged in Arthur Road prison, Indrani (43) is in Byculla womens’ jail and Rai in Thane jail.PTI