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The first casualty in the bypolls for six Assembly constituencies in West Bengal has been reported, as a Trinamool Congress leader who was severely injured in a shootout at Jagatdal adjacent to Naihati Assembly constituency in North 24 Parganas district, died on Wednesday.

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Prime Minister Narendra Modi on Wednesday reaffirmed the Centre's commitment to providing better healthcare and improving the living conditions of the countrymen.

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2. Delhi air in ‘severe’ category with AQI of 426 — worst in India  The Hindu
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MANMOHAN, CJ : (ORAL) CM APPLs.65148-65149/2024 (Exemption)

1. Allowed, subject to all just exceptions.

2. Accordingly, the present applications stand disposed of. W.P.(C) 15514/2024 & CM APPL.65147/2024

3. Present writ petition has been filed seeking a direction to the respondent/Deen Dayal Upadhyay Hospital to open the financial bid of the petitioner and finalize the tender dated 12th June, 2024 for operating two kiosks at the premises of respondent hospital.

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

13.11.2024 MINI PUSHKARNA, J:

I.A. No. 4172/2023 (Application under Section 124 of the Trademarks Act, 1999 read with Section 151 CPC seeking permission to challenge the validity of the defendants' trademark registrations)

1. The present application has been filed by the plaintiffs under Section 124 of the Trade Marks Act, 1999 read with Section 151 Code of Civil Procedure, 1908 ("CPC") seeking permission to challenge the validity of the defendant‟s trademark registrations.

1. The petitioner is invoking the extra-ordinary jurisdiction of this Court by instituting the present writ petition under Article 226 of the Constitution of India, 1950, seeking the following reliefs:

"(a) to issue writ of mandamus/direction to institute comprehensive enquiry by appropriate agency preferably by C.B.I, for fixation of responsibility on those officials and contractors involved in the construction of multistoried complex of 816 flats at Jhilmil Colony, Phase - II in the year 1986-88.

(bi) the respondent to pay sum of Rs. 12,10,000/- to the petitioners as a compensation on account of loss of dependency, reimbursement of medical expenses, repair of balcony, loss of love & affection, mental agony and harassment suffered due to sudden demise of Shri Suresh Rustagi on 20.07.2000, as a result of collapse of balcony, of the flat no. 121-C, IInd Floor, Pocket A-1, Jhilmil, Phase-II, Delhi - 110095.

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.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Appeal No.9 of 2024 along with Arbitration Appeal Nos.86 & 88 of 2024 Date of decision: 12.11.2024

1. Arbitration Appeal No.9 of 2024 National Highway Authority of India. ...Appellant.

Versus Rajesh Kaptyaksh. ...Respondent. 2. Arbitration Appeal No.86 of 2024 National Highway Authority of India. ...Appellant. Versus Narain Singh. ...Respondent. 3. Arbitration Appeal No.88 of 2024 National Highway Authority of India. ...Appellant. Versus Babu Ram. ...Respondent. Coram:

1. Since the issue involved in all these three (3) Writ Petitions are identical, all were heard analogously and disposed of by the present common order.

2. For the sake of brevity, pleadings made in W.P.(C ) No.36125 of 2023 was taken as the lead case for deciding the issue in question.

3. Writ petition in W.P.(C ) No.36125 of 2023 has been filed challenging the advertisement issued by the State Selection Board (in short, "the Board") on 11.09.2023 under Annexure-1.Vide the said advertisement, the Board invited applications to fill up the post of Lecturers in various discipline including Physics in non-Government Aided Colleges of Odisha and the last date for making such application was fixed to 13.10.2023.

The applicant, an Indian Foreign Service (IFS) Officer of 2006 batch has approached this Tribunal by way of the captioned Original Application (OA), filed under Section 19 of the Administrative Tribunals Act, 1985 to challenge the Office Memorandum dated 17.06.2022 (Annexure-A/1(i)) vide which respondent no. 1 has proposed to hold an inquiry against him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and further to challenge the communication dated 16.05.2023 (Annexure-A/1(ii)) vide which the recommendations of the DPC in his respect for promotion to Grade-III of IFS for the panel year 2023 has been kept in "sealed cover".

2. In the OA, the applicant has prayed for the following reliefs and interim relief:

.

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 09.06.2023 seeking information on following points:-

"1) A certified copy of complaint filed by Neha Kumari /Neha Verma against me between September 2022 to November 2022 addressed to the Director General CISF."

The CPIO vide letter dated 20.06.2023 replied as under:-

"02. It is to inform that under provision of Section-24 of RTI Act 2005, the information sought by you vide representation dated 09/06/2023, cannot be provided as the CISF is an Armed Force of Union and exempted from providing information except for the cases of corruption and human rights violation. The information sought by you does not fali just within the ambit of the two categories mentioned above."

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 19.06.2023 seeking the following information:

Page 1 of 5

"1. COPY OF THE SUSPENSION ORDER DATED 03.04.2017 PASSED BY COMPETENT AUTHORITY OF EPIL, NEW DELHI AGAINST SH. PARITOSH KUMAR PRAVEEN (EMP. CODE- 1986).

2. WHETHER ANY REVIEW (EXTENSION/REVOCATION) OF THE ABOVE MENTIONED SUSPENSION ORDER DATED 03.04.2017 HAS OCCURRED? IF YES, THEN PLEASE PROVIDE COPY OF ALL THE REPORTS PASSED BY THE REVIEW COMMITTEE SUBSEQUENT TO THE SUSPENSION ORDER DATED 03.04.2017 TILL DATE.

AND ALSO PROVIDE THE COPY OF ALL THE ORDERS OF THE COMPETENT AUTHORITY PASSED ON THE ABOVE MENTIONED REPORTS OF THE REVIEW COMMITTEE TILL DATE.

:

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.