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CM APPL.63468-469/2024

1. Allowed, subject to all just exceptions.

CM APPL.63470/2024

2. The present application has been filed by the appellants under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 (in short, „CPC‟) seeking condonation of 99 days delay in re-filing the appeal.

3. For the reasons stated in the application, the delay of 99 days in re-filing the appeal is condoned.

4. Accordingly, the application stands disposed of. FAO(COMM) 213/2024 & CM APPL.63467/2024

CHANDRA DHARI SINGH, J (Oral)

1. The revision petition bearing CRL.REV.P. No. 444/2024 has been filed on behalf of Smt. Shalini Kapoor who is wife of the revisionist in CRL.REV.P. No. 685/2024. For the sake of convenience, this Court is treating the position of parties as per the petition bearing no. 444/2024. The brief facts leading to the instant revision petitions are as follows:

a) The petitioner and the respondent got married in the year 2010 as per the Hindu rituals and a child was born out of the wedlock in the year 2013.

CHANDRA DHARI SINGH, J (Oral)

1. The revision petition bearing CRL.REV.P. No. 444/2024 has been filed on behalf of Smt. Shalini Kapoor who is wife of the revisionist in CRL.REV.P. No. 685/2024. For the sake of convenience, this Court is treating the position of parties as per the petition bearing no. 444/2024. The brief facts leading to the instant revision petitions are as follows:

a) The petitioner and the respondent got married in the year 2010 as per the Hindu rituals and a child was born out of the wedlock in the year 2013.

13.11.2024 MINI PUSHKARNA, J:

I.A. 14145/2023 (Application under Order XXXIX Rules 1 & 2 read with Section 151 CPC, 1908)

1. The present application has been filed on behalf of the plaintiffs under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 ("CPC") seeking interim injunction for restraining the defendant from manufacturing, selling, offering for sale, advertising and/or promoting by using the mark/ trade name „ALDER BIOCHEM‟ and any other mark/ trade name/ label/ device that contains the trademark BIOCHEM.

Dr. A.K.Jayasankaran Nambiar, J.

These writ petitions raise an interesting question as regards the scope, content and extent of the right to freedom of speech and expression enuring to the media when they report facts about ongoing criminal investigations or the proceedings in cases pending adjudication before the various adjudicatory forums in the country. The writ petitions were initially considered by a Full Bench of this Court. However, by an order dated 24.05.2018, the Full Bench took the view that in the light of an earlier decision of another Full Bench of this Court in S. Sudin v. Union of India and Others - [2015 (2) KLT 296 (FB)], these matters needed to be referred to a Larger Bench of five Judges for consideration. It is thus, and pursuant to an order dated 02.09.2024 of the Hon'ble the Acting Chief Justice, that these matters are now before us.

.

96. It would be evident from the above discussion that the claims for refund under the said two enactments constitute an independent regimen. Every decision favourable to an assessee/manufacturer, whether on the question of classification, valuation or any other issue, does not automatically entail refund. Section 11B of the Central Excises and Salt Act and Section 27 of the Contract Act, whether before or after 1991 amendment - as interpreted by us herein - make every refund claim subject to proof of not passing-on the burden of duty to others. Even if a suit is filed, the very same condition operates. Similarly, the High Court while examining its jurisdiction under Article 226 - and this Court while acting under Article 32 - would insist upon the said condition being satisfied before ordering refund. Unless the claimant for refund establishes that he has not passed on the burden of duty to another, he would not be entitled to refund, whatever be the proceedings and whichever be the forum. Section 11B/Section 27 are constitutionally valid, as explained by us hereinbefore. They have to be applied and followed implicitly wherever they are applicable.

and background of the case:

The Appellant filed an RTI application dated 19.07.2023 seeking information on following points:-

"1. Copy of complete report with all supporting documents submitted by FFC

2. List of the name of the officials/persons to whom the letters were issued by FFC

3. List of Officials who appeared before FFC along with their copy of all statements and supporting documents provided by them.

4. List of Officials who DID NOT appear before FFC

5. List officials/person from the statements/documents was taken on record by FFC The copy of statements along with supporting documents is requested to be provided.

:

The Appellant filed an (offline) RTI application dated 05.01.2023 seeking the following information:

Page 1 of 5

"मेरे द्वारा की गयी शिकायत श्रीमतत मुक्ता खलखो िहडोल के कथित बीमा पॉशलसी राशि 1 करोड़ रुपये की शिकायत पर की गयी जााँच एवं काययवाही पर सभी ब्यक्क्तयों के बयान एवं दस्तावेज की सत्यापपत प्रतत उपलब्ध कराये। इस जााँच में अंततम तनर्यय ददनााँक 28.12.2022 के ररपोर्य सदहत दस्तावेज उपलब्ध कराये।"

The CPIO furnished a reply to the Appellant on 23.01.2023 stating as under:

"आपके द्वारा चाही गयी जानकारी सूचना का अथधकार अथधतनयम 2005 की धारा 8 (1) (d) एवं 8 (1) (j) के तहत संरक्षित है , अतः आपको उपलब्ध कराने में असमिय हैं।"

:

The Appellant filed an (online) RTI application dated 23.03.2023 seeking the following information:

Page 1 of 5

"In continuation to RTI Application No- DMRCP/R/E/22/00489, received to you dated 15-11-2022 please provide some more details which were not given, related to the same points mentioned below:

1. My policy number of superannuation (GSPS) is 321581 and my LIC ID is 1779. Please provide my annuity number for the same.

2. In my last application number stated above I desired for DMRC pay scale comparison with the CDA pay scale which was denied to me. As an exemployee of your prestigious organization, I can help, it is available at D2 in the HR Manual- A Compendium of service rules in DMRC. Kindly provide.

:

The Appellant filed an (online) RTI application dated 24.04.2023 seeking the following information:

Querry is in reference to Chief Engineer Central Command. Index No 5-28

-Central Command. For renewal of Security Deposit of FDR wherein many letters were sent for sending to bank FDRs for renewal. However, no reply has been received. Letters dated 08.08.2022, No 4501-244 dated 08.08.2022, letter No 4501-245 dated 06.10.2022, dated 15.11.2022 & dated 20.12.2022 & letter No 4501-248 datet25.01.2023, and 20.03.2023.

FDR bearing No.7 15474 Folio 127180-98 dt.25.9-98 for Rs.60,000.00, (Maturity Date :3-7-2001 FDR bearing No.715475 Follo 127198/98) dated 23.9.98 for Rs.60,000.00.

:

The Appellant filed an (online/offline) RTI application dated 21.02.2023 seeking the following information:

"My letter dated 31/8/2021 addressed to The SDM, LIC of India, Nadiad Division with subject of Individual Cash Prize (Awards) Scheme time duration 1/1/2007 to 31/3/2007, which is enclosed herewith, as per given below details.

1. Detail procedure followed by the competent authority in respect of disposal and final reply of my letter and payment of my Individual Cash Awards (Prize).

2. Certified copies of All details of Notes / Remarks / Comments / Opinion / Decisions put up on the file by the concerned officers / managers during the procedure along with their names, designation, salary, roll no., educational qualification, gross annual salary and contact no.

:

The Appellant filed an (online/offline) RTI application dated 21.02.2023 seeking the following information:

"My letter dated 31/8/2021 addressed to The SDM, LIC of India, Nadiad Division with subject of Individual Cash Prize (Awards) Scheme time duration 1/1/2007 to 31/3/2007, which is enclosed herewith, as per given below details.

1. Detail procedure followed by the competent authority in respect of disposal and final reply of my letter and payment of my Individual Cash Awards (Prize).

2. Certified copies of All details of Notes / Remarks / Comments / Opinion / Decisions put up on the file by the concerned officers / managers during the procedure along with their names, designation, salary, roll no., educational qualification, gross annual salary and contact no.