Rape Victim Can’t Be Forced To Bear Rapist’s Child: MP HC [Read Order]

If the stipulations enumerated within the Medical Termination of Pregnancy Act, 1971, are fulfilled, the being pregnant of sufferer will also be terminated, the court docket noticed.

The Madhya Pradesh High Court has noticed rape sufferer can’t be forced to present start to a kid of the rapist and if the stipulations enumerated within the Medical Termination of Pregnancy Act, 1971, are fulfilled, the being pregnant of sufferer will also be terminated.

Justice Sujoy Paul was once making an allowance for a plea of mom searching for a route for terminating the being pregnant of his minor daughter who’s allegedly a rape sufferer.

“The anguish and the humiliation, which the sufferer is struggling day by day, will surely purpose a grave damage to her psychological well being. Not best this, the kid will even endure psychological anguish in case the woman provides start to a kid,” the court docket stated staring at that the sufferer/dad or mum has a treasured proper to take a call relating to termination of being pregnant and such proper is flowing from Article 21 of the Constitution.

As the sufferer was once now not subjected to scientific exam by means of two or extra registered scientific practitioners which is a statutory requirement as in line with Section three(2)(b) of the Act, the court docket stated the permission can’t be granted for terminating the being pregnant with out pleasurable such statutory requirement.

The court docket then ordered committee will probably be constituted inside of 24 hours from the date of receipt of this order and shall read about the sufferer inside of 24 hours therefrom. “If the Committee comes to the conclusion that pregnancy of the victim can be terminated in consonance with Section 3 or Section 5 of the Act, the respondents shall undertake the exercise of terminating the pregnancy as per law forthwith,” the court docket stated.

There is a smart urgency on this subject, making an allowance for the length of being pregnant. Thus, it will probably be the obligation of the respondents to verify strict compliance of this order inside of stipulated time,” the court docket stated directing the Deputy Advocate General to be in contact this order to all involved.

Read the Order Here

Nothing Scandalous In Jaitley’s Submission To Prove Ram Jethmalani Called Him ‘Crook’ On Kejriwal’s Instructions, Says Delhi HC [Read Judgment]

Court dismisses Kejriwal’s petition for hanging off sure submissions made by means of Jaitley in the second one defamation swimsuit

The Delhi High Court on Wednesday junked Chief Minister Arvind Kejriwal’s petition for hanging off sure submissions made by means of Finance Minister Arun Jaitley to end up his case that he used to be known as a “crook” and “guilty of crimes and crookery” by means of his former recommend all through cross-examination in a defamation swimsuit emanating out of allegations of corruption within the Delhi District Cricket Association (DDCA).

Justice Manmohan pushed aside the applying moved by means of Kejriwal praying the courtroom to expunge sure initial submissions within the replication filed by means of Jaitley in the second one defamation swimsuit which got here to be filed by means of the Union minister after being known as ‘crook’ by means of senior suggest Ram Jethmalani, then showing for the AAP chief, within the DDCA defamation subject.

However, as Kejriwal’s recommend had said that he has now not had the potential of rebutting the paperwork referred to within the replication, the courtroom accredited him to record an extra written commentary inside of 4 weeks. 

It is to be famous that Jaitley had, in his replication, submitted that: “It was only after the notice was issued by this Hon’ble Court on 23.07.2017 (in second defamation suit) and summons were served on the Defendant (Kejriwal) on 06.06.2017, that the Defendant, in order to concoct a moonshine defence in the instant proceedings, speciously wrote to his senior Advocate (Jethmalani) on 20.07.2017 allegedly denying his specific instructions (to call him a crook)”.

Jaitley had additionally referred to Jethmalani’s interview printed in The Times of India to mention that Jethmalani had voluntarily waived the lawyer-client privilege, now not simplest all through the pass exam on 17th May, 2017 itself, but in addition due to this fact in his interview to The Times of India information portal in addition to his letter addressed to the plaintiff. Herein, he claimed to have gained directions from Kejriwal to make use of the defamatory phrase in opposition to Jaitley and that he had used way more objectionable phrases for him. He had additionally submitted that if Jethmalani had made such observation with out Kejriwal’s wisdom, then the latter must have made a grievance in opposition to him with the Bar Council of India.

Kejriwal’s Argument

Kejriwal’s present recommend senior suggest Anoop George Chaudhari stressed out that Jaitley had exploited the potential of submitting the replication for the aim of introducing new allegations of defamation to make out a recent case along with the case set out within the plaint.

 He contended that Jaitley, by means of bringing within the further / new details within the replication, supposed to ‘rob’ Kejriwal of an opportunity to record a respond to the allegations made.

Chaudhari additional submitted that the following allegations represent a reason behind motion throughout the which means of Order 7 Rule 1(e) CPC and therefore, the similar must were integrated by means of modification of the plaint somewhat than uploading the similar ‘circuitously’ within the replication.

He depended on Anant Construction (P) Ltd vs Ram Niwas, by which it used to be held that, “Any subsequent pleading inconsistent with the original pleading shall be refused to be taken on record and if taken, shall be liable to be struck off and taken off the file”.

Meanwhile, Rajiv Nayar, senior recommend for Jaitley, submitted that the pleas within the replication have been neither inconsistent nor at variance with the unique pleadings.

Court’s Findings

The courtroom analysed the scope and ambit of Order 6 Rule 16, CPC, which supplies that “the court may at any stage of the proceedings order to be struck out or amended any matter in any pleading which may be unnecessary, scandalous, frivolous or vexatious, or which may tend to prejudice, embarrass or delay the fair trial of the suit, or which is otherwise an abuse of the process of the court”.

While regarding the apex courtroom case titled Abdul Razak vs Mangesh Rajaram Wagle and Others, Justice Manmohan stated, “This court is of the view that the pleadings can be ordered to be struck off under Order 6 Rule 16, CPC only if they are shown to be unnecessary, scandalous, frivolous or vexatious or abuse of the process of law or if they amount to re-litigation or tend to embarrass the defendants in the trial of the suit.”

The courtroom famous that Kejriwal had himself relied at the letter he had written to Jethmalani on July 20, denying any explicit directions to make use of the defamatory phrases within the cross-examination.

“In the opinion of this Court, the plaintiff, in its replication, has neither made out a new case nor a fresh cause of action or enlarged the scope of the suit. In fact, the replication in the present instance contains averments and evidence in support of the original cause of action as mentioned in the plaint and is the plaintiff’s answer to the defendant’s plea in the written statement…,” stated Justice Manmohan.

“The pleas in the replication are not inconsistent or at variance with the original pleadings,” he held, including that neither Order VI nor Order VII CPC has been violated within the provide example.

“In reality, the averments within the replication crystallize the plaintiff’s stand on the most important factor and are related to the case handy. Consequently, replication can neither be termed as scandalous nor frivolous or vexatious or pointless or abuse of means of legislation,” he stated.

Read the Judgment Here

 

Law Student Moves Bombay HC Against Mumbai University’s ‘No Additional Answer sheet Supplements ‘Rule, Notice Issued [Read Petition]

A last 12 months legislation pupil, Manasi Bhushan has moved Bombay High Court in opposition to a round issued through the Controller of Examinations, University of Mumbai which bars scholars, without reference to their box of analysis, from getting further solution sheet dietary supplements.

This round used to be issued on October nine, 2017 and it addresses all Principals, Deans and Heads of Departments of Colleges affiliated beneath Mumbai University mentioning that the evaluate of all examinations carried out beneath the University will now be performed via a web based display screen marking gadget (OSM).

The round additionally states the next; “for the purpose of facilitating this online marking system, no supplements are to be provided to any student from any branch”. This a part of the round, the petition states, infringes upon the elemental rights of scholars assured beneath Articles 19 (1)(a) and 21 of the Constitution.

Although, within the problem to the abovementioned OSM gadget is pending prior to Mumbai University, the bench of Justice BR Gavai and Justice Manish Pitale lately allowed the University to proceed with the gadget for the wintry weather semester tests.

The petition cites a number of newspaper studies to focus on the placement of the University and reasoning in the back of restriction.

Apart from facilitating the OSM gadget, few officers were quoted as pronouncing that the transfer to ban a pupil from taking further solution sheets would additionally save paper as the sooner observe of offering an extra 40-page solution sheet complement used to be a ‘colossal waste of desk bound’.

The petition states that the true explanation why for this new rule used to be that the University sought after to steer clear of the duty of correction of extra solution in conjunction with the primary solution sheet as a number of scholars complained that best one of the most two used to be corrected.

However, the truth that 36,000 scholars availed use of dietary supplements within the college tests held this April-May may just no longer be omitted through the University.

The petition states-

“The Impugned Circular is patently inaccurate inasmuch because it seeks to limit the liberty of the scholars from accurately articulating and expressing themselves and their wisdom and perspectives on more than a few topics, through restraining them from taking dietary supplements all over the examinations scheduled to be held in December 2017 thereby violating the liberty assured beneath Article 19(l)(a) of the Constitution of lndia.

The Impugned Circular is bigoted and unreasonable because it seeks to impinge at the rights of the Petitioner to specific their sufferers in multiple complement to be able to steer clear of alleged logistical inconvenience to Respondent No. 1 whilst correcting the marksheets of the scholars together with the Petitioner through the web marking gadget devised through the respondents for this function.”

Notice Issued

Advocate Vishal Kanade urged through Vashi and Vashi, gave the impression for the petitioner within the topic prior to a bench of Justice BR Gavai and Justice BP Colabawalla on Monday.

He submitted that his consumer had written letters to the University however had won no reaction for a similar.

Court has now issued understand to the University in quest of a answer at the averments within the petition. The subsequent date of listening to is on December 14.

Read the Petition Here

In Some Cases, Trial Court Can Summon Or Rely Upon Documents Not Part Of Charge Sheet: SC [Read Order]

To workout this energy, the courtroom is to be happy that the fabric to be had with the investigator, no longer made a part of the price sheet, has an important bearing at the factor of framing of price, the bench noticed.

The Supreme Court, in Nitya Dharmananda @ Ok. Lenin Vs. Sri Gopal Sheelum Reddy @ Nithya Bhaktananda, has noticed that if the trial courtroom is happy that there’s subject material of sterling high quality which has been withheld through the investigator, it isn’t debarred from summoning or depending upon the similar although such file isn’t part of the price sheet.

In this example, the accused had approached the top courtroom contending that all of the subject material to be had with the investigator, which used to be no longer made a part of the price sheet, must be summoned below Section 91 of the CrPC. The top courtroom grew to become down the plea.

Before the apex courtroom bench, assailing the top courtroom order, it used to be argued that, if the investigator isn’t honest and the fabric of sterling high quality, despite the fact that seized right through investigation and to be had with him, is intentionally unnoticed from the price sheet, there is not any bar for the courtroom to summon the stated subject material.

The bench of Justice AK Goel and Justice UU Lalit noticed that despite the fact that on the level of framing of price, the accused can’t ordinarily invoke Section 91, however the courtroom being below the duty to impart justice and to uphold the regulation, isn’t debarred from exercising its energy, if the passion of justice in a given case so require.

“To workout this energy, the courtroom is to be happy that the fabric to be had with the investigator, no longer made a part of the price sheet, has an important bearing at the factor of framing of price,” the bench stated, relating to State of Orissa as opposed to Debendra Nath Padhi.

Setting apart the top courtroom order, the bench additional stated: “It is apparent that whilst ordinarily the Court has to continue at the foundation of subject material produced with the price sheet for coping with the problem of price but when the courtroom is happy that there’s subject material of sterling high quality which has been withheld through the investigator/prosecutor, the courtroom isn’t debarred from summoning or depending upon the similar although such file isn’t part of the price sheet. It does no longer imply that the defence has a proper to invoke Section 91 CrPC de hors the pleasure of the courtroom, on the level of price.”

Read the Order Here

Voting Right For Temporary Member In SCBA Elections: SC Stays Patiala House Court’s Order

Chief Justice of India Dipak Misra led Bench stayed a Patiala House Court Civil Judge’s order which allowed a short lived member who isn’t a member of Supreme Court Bar Association (SCBA) to vote within the attorneys frame election.

The Supreme Court bar is happening ballot these days. The outcome could be out by way of past due this night time.

Granting keep on civil pass judgement on’s order, the CJI bench stated “ prima- facie the order is not tenable.”

“We have never seen  such order”, the  Bench seen whilst  relating to the decrease court docket’s order “without formulating any opinion on the nature of membership of Plaintiff Advocate (Nripendra Nath Bain), defendant (SCBA President) is directed to allow the Plaintiff  to cast his vote in the election scheduled on December 13.”

Mentioning on behalf of the SCBA, its Secretary Gaurav Bhatia submitted that the Civil pass judgement on’s order is opposite to the Apex Court’s judgement in B D Kaushik case in 2011.

“As per SCBA Rules, a temporary member is not entitled to vote in SCBA election under Rule 5 (v) (c) of the Rules.  Temporary member is entitled to become regular member only if such temporary member makes an application before the Executive Committee giving his appearance in the Supreme Court in at least 20 matters in each year of two years period.”

The court docket posted the topic for third week of January 2018.

Coal Scam Case:Former J’khand CM Koda, His Aide Held Guilty By Spl CBI Court

A distinct CBI courtroom on Wednesday held former Jharkhand Chief Minister Madhu Koda, former Coal Secretary HC Gupta, former Jharkhand Chief Secretary Ashok Kumar Basu and one different individual responsible of legal conspiracy within the multi-crore coal blocks allocation rip-off.

Special CBI Judge Bharat Parashar held Koda and others responsible of corruption and irregularities in reference to allocation of Rajhara North coal block in Jharkhand in January, 2007 to Kolkata-based Vini Iron and Steel Udyog Ltd (VISUL).

The company VISUL has additionally been held responsible. However, its director Vaibhav Tulsyan, public servants Basant Kumar Bhattacharya and Bipin Bihari Singh and chartered accountant Navin Kumar Tulsyan had been acquitted of all fees.

The responsible stand convicted underneath sections 120-B (legal conspiracy) learn with 420 (dishonest) and 409 (legal breach of believe by means of public servants) of the Indian Penal  Code and underneath the provisions of the Prevention of Corruption Act.

The arguments on quantum of sentence might be heard the next day to come.

The courtroom discovered that even supposing the Jharkhand govt and Steel Ministry didn’t suggest VISUL’s case for coal block allocation, the 36th Screening Committee beneficial the block for allocation to the accused company.

The CBI has mentioned that Koda, Basu and others had conspired in favour of VISUL.

HC Gupta, who had retired in 12 months 2008 had chaired the committee which cleared the company’s identify

Gupta additionally stands convicted in an previous case bearing on corruption in allocation of coal block in Madhya Pradesh.

Laboratory Report Can Be Counter Signed Only By A Registered Medical Practitioner With A Post Graduate Qualification: SC [Read Order]

The Supreme Court, on Tuesday, upheld the stand taken by way of the Medical Council of India (MCI) that “Laboratory Report can be counter signed only by a registered medical practitioner with a post graduate qualification in pathology”.

The Bench comprising Justice Ranjan Gogoi and Justice R. Banumathi used to be listening to a host of Special Leave Petitions difficult an order handed in September, 2010 by way of the Gujarat High Court, by which it used to be held that Laboratory Technicians, now not being Pathologists, can not run any laboratory independently.

The High Court had famous that Laboratory Technicians (Pathology) aren’t registered with the Medical Council of India, while Doctors in Pathology, who’ve bought MBBS qualification, are. Only the latter are accepted to signal or counter signal a lab file, it had dominated.

The Bench comprising Chief Justice Mukhopadhaya and Justice M. Thaker had then opined, “Though it is open to any person or institute to run a pathology laboratory, but no report can be issued without the signature or counter signature of the practicing pathologist recognized by the Medical Council of India. The respondents are directed to ensure that no pathology laboratory is run by any unqualified person or institute having no recognized pathologists registered with the Medical Council. However, if such pathological laboratory is run by a pathologist registered with the Medical Council, or if such pathological laboratory engages a pathologist registered with the Medical Council, the respondents may allow such laboratory to run. Individual Laboratory Technician cannot be allowed to run pathological laboratory independently without engaging a pathologist registered with the Medical Council.”

Meanwhile, in July this 12 months, the MCI had issued a directive mandating that each one lab reviews be signed by way of a professional MBBS physician registered with both the MCI or a state scientific council. The MCI turns out to have reasserted this stand ahead of the Apex Court, which duly licensed it.

Read the Order Here

Dear Process Servers, You No Longer Enjoy The Functional Freedom Given To You By The Code

By: Justice V. Ramkumar December 13, 2017 12:01 pm

Arundas v. Priji – 2017 (five) KHC 693 rendered through a Division Bench of the High Court of Kerala, isn’t just consistent with incurium, nevertheless it additionally takes away the choices given to the Process Server through the Code of Civil Procedure, 1908 (‘the CPC’ for brief). That aside, the above verdict will additional retard the a lot maligned crawling development of the civil litigation on this nation. I’m really not delving deep into the sweep and amplitude of Order V of C.P.C which elaborately offers with the way of carrier of summons. Rule 15 of Order V   C.P.C reads as follows :-

“ [15. Where  carrier is also on an grownup member of defendant’s circle of relatives : – Where in any go well with the defendant is absent from his place of dwelling on the time when the carrier of summons is sought to be effected on him at his place of dwelling and there’s no probability of his being discovered on the place of dwelling inside an affordable time and he has no agent empowered to just accept carrier of the summons on his behalf, carrier is also made on any grownup member of the circle of relatives, whether or not male or feminine , who’s living with him.

Explanation.- A servant isn’t a member of the circle of relatives inside the which means of this rule]”.

 This provision clearly applies simplest in a scenario the place private carrier of summons at the defendant as insisted through Rule 12, has change into impracticable because of his absence from his place of dwelling and an agent as pondered through Rules 12 to 14, may be now not to be had. These are the entire choices given to the Process Server within the match of his now not having the ability to find the defendant who’s sought to be served at his place of dwelling. The realized Judges have dominated that after the defendant is absent from his place of dwelling, carrier of summons on an grownup member of his circle of relatives living with him may also be effected simplest whether it is particularly so ordered through the Court. It is respectfully submitted that the C.P.C does now not include this sort of provision on this regard.

If the decision of the Division Bench is pushed to its logical conclusion, at the day when the Process Server is going to the place of dwelling of the defendant for effecting carrier of summons and the latter is absent in his area and the opposite prerequisites of Rule 15 are happy, the Process Server has to record the similar to the Court and acquire recent orders for carrier on an grownup member of the circle of relatives. Just call to mind a scenario the place by the point the Process Server obtains recent orders from the Court for carrier at the grownup member, the defendant himself is bodily provide at his place of dwelling ! Or, is it that the Court whilst ordering realize to the defendant must move a composite order particularly empowering the Process Server to first agree to Rules 12 to 14 and if this is discovered impracticable, then to agree to Rules 15 or 17 as a final hotel ?

If the conferment of enough freedom within the Process Server to hotel to the above choices supplied through the C.P.C is located inadequate, the treatment isn’t to re-write the legislation however to indicate an modification to the First Schedule for which energy does exist within the High Court underneath Section 122 C.P.C. In my humble view, the above provisions don’t require any modification.

It would seem as even though the High Court was once now not satisfied within the carrier of summons through recourse to Order V Rule 15 C.P.C each at the authentic facet in addition to in execution. When Rule 15 is the mode prescribed for carrier of summons in circumstances the place the defendant is absent from his place of dwelling, I miss out on why must the High Court frown upon one of these mode followed through the Process Server and acted upon through the Court beneath ?

It isn’t as though the act of tendering of summons and repair of summons through the Process Server on a celebration isn’t witnessed through anyone. Order V Rule 18 C.P.C learn with Form No. 11 of Appendix B to C.P.C obliges the Process Server to meet the Court in regards to the means by which and the mode wherein carrier of summons at the celebration was once effected through him. Form No. 11 additionally supplies for witnessing the smooth and repair of summons. The remaining however one column in Form No. 11 relates to carrier through hotel to Order V Rule 15 C.P.C. All those sides have now not been taken into consideration through the High Court whilst passing the above verdict and sending the similar for reporting within the legislation magazine.

Practitioners of legislation actually have a accountability to apprise (and now not lie to) the Court referring to the right kind prison place. Without resorting to overwriting the legislation, the High Court, if it sought after, may have given the defendant a chance to contest the case after striking him on phrases on being happy that his habits was once now not symptomatic of a protraction syndrome.

The statutory leeway of the Process Server must now not be shackled through such useless judicial over adventurism. It could be a great deal favored if the High Court have been to free up the Process Servers from the curial chains of Arundas in the course of the intervention of a bigger Bench on the earliest.

Justice V. Ramkumar is a Former Judge at High Court of Kerala.

[The opinions expressed in this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of LiveLaw and LiveLaw does not assume any responsibility or liability for the same]

Radon Test Kits – Your Choices

The presence of radon fuel can turn out to be a big well being danger and so, it must be got rid of once it may be detected. In essence, this fuel does now not have a colour, and it additionally does now not give off any scent and that’s very onerous to locate with no detector or radon check kits are used, which can display the presence of the fuel in the house and thus help you take remedial motion.

The very best solution to locate radon is the use of quite a lot of other varieties of check kits which can be reasonably priced and which can be utilized in the house to locate radon fuel in a construction or in a house. It is so helpful to grasp the other alternatives provide so far as the check kits cross.

Most of the radon fuel creeps into construction via cracks within the construction's foundations or from gaps that can happen close to pipes, wiring or drains and likewise via non-public water wells. Radon check kits are probably the most reasonably priced type of checking out for radon ranges in a construction and they may be able to both assist to check the air inside of a construction or it could even locate the fuel presence in water from any roughly non-public neatly this is ceaselessly utilized in houses .

As some distance as radon check kits that check the water cross, you wish to have to get a pattern of the neatly water after which do what the directions on those check kits let you know to do. You then want to ship a pattern to a laboratory the place it may be examined after which effects shall be emailed or processed to you.

There are soil check kits which might be of 2 varieties which might be the fast time period and lengthy-time period Radon check kits, and it is suggested that you just run no less than two quick-time period assessments for your construction.

The quick-time period radon fuel checking out normally lasts for 2 to 4 days and this type of checking out is helping to estimate about how a lot of the fuel is provide within the construction. Furthermore, quick-time period checking out can both be canister primarily based or charcoal primarily based with the previous being less expensive although now not so correct.

The lengthy-time period assessments normally final for 3 months and are a lot more correct and so they have in mind radon fuel degree fluctuations.

Before purchasing a selected radon check equipment, you wish to have to be sure that the price of laboratory checking out is incorporated in the associated fee, and likewise verify no matter prices of transport of samples to the laboratory are incorporated in the associated fee.

SC stays NCLT Order Allowing Centre To Take Over Unitech Management 

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Wednesday granted keep at the period in-between order dated December eight of the NCLT, postponing eight administrators of Unitech Ltd., additional restraining them from alienating any belongings belonging to them or the corporate and permitting the Centre to take over the control of the affairs of the corporate by way of nominating 10 administrators to its Board.

Attorney General Ok. Ok. Venugopal admitted that the Ministry of Corporate Affairs had dedicated incorrect in submitting a petition prior to the NCLT.

On Tuesday, the bench had expressed displeasure on the Centre for drawing near the major bench of the NCLT at New Delhi underneath phase 241 of the Companies Act of 2013 with out in search of permission of the apex court docket. The Court had additionally frowned upon the period in-between order dated December eight of the NCLT, postponing eight administrators of Unitech Ltd., additional restraining them from alienating any belongings belonging to them or the corporate and permitting the Centre to take over the control of the affairs of the corporate by way of nominating 10 administrators to its Board.

Senior Counsels Mukul Rohatgi and Ranjit Kumar, showing on behalf of Unitech, had prayed for an injunction towards the operation of the impugned order, arguing that the stated order is in contravention of the order dated    October 30  of the Supreme Court forbidding any coercive steps towards the corporate and allowing the Managing Directors of the corporate, Sanjay and Ajay Chandra, to barter from the Tihar Jail the monetisation of corporate property with the intention to entire development in recognize of tasks which can be underway and in addition to deposit the sum of Rs. 750 crores with the Supreme Court Registry by way of December 31 to be refunded to house consumers claiming the similar.

On Tuesday, the bench granted someday’s time to Additional Solicitor General Tushar Mehta to procure directions from the Centre on its transfer.

In passing the impugned order, the NCLT had seen that the corporate had accredited considerable bills from 19,000 house consumers and the development in recognize of the involved tasks had now not even been commenced. Further, the corporate owed Rs. 723 crores to nearly 51,000 depositors. Remarking that the affairs of the corporate are being performed in violation of the provisions of the Act of 2013 and in addition to the depression of the bigger public passion, the Tribunal had proceeded to move the order underneath phase 242(2) of the Act of 2013.

The most sensible court docket scheduled the topic for additional listening to on January 12, 2018.

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