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:

This order shall dispose of four revision pe&&ons &tled above, as all of them are between same par&es and pertain to the same demised premises. In order to avoid confusion, par&es shall be referred as "landlord" and "tenant", i.e. as per their status before the trial Court.

2.1 Admi*edly, the demised premises, i.e. Shed No.433-A, Industrial Area, Phase-II, Chandigarh was originally allo*ed to Smt. Swaraj Katari by Chandigarh Small Industries Department Corpora&on Limited. M/s R.D. Sales Corpora&on through its proprietor Rakesh Gupta (pe oner herein) was inducted as tenant in the demised premises on the right side por&on to the extent of 12 Ft. X 60 Ft., vide rent note dated 19.10.1994 on monthly rent of ₹6,000/- including water and electricity charges, for a period of 11 months. Said rent was later on Page no.2 out of 47 pages 2 of 47 Neutral Citation No:=2024:PHHC:146797 CR No.1662 of 2020 (O&M) 2024:PHHC:146797 CR No.1663 of 2020 (O&M) 2024:PHHC:146800 CR No.1664 of 2020 (O&M) 2024:PHHC:146802 CR No.6078 of 2018 (O&M) 2024:PHHC:146806 enhanced to ₹8,500/-.

Neutral Citation No. ( 2024:HHC:11231 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 4149 of 2013 Reserved on: 05.11.2024 Date of Decision: 13.11.2024 State of Himachal Pradesh ...Appellant.

Versus Suresh Kumar ...Respondent. Coram

This order shall dispose of four revision pe&&ons &tled above, as all of them are between same par&es and pertain to the same demised premises. In order to avoid confusion, par&es shall be referred as "landlord" and "tenant", i.e. as per their status before the trial Court.

2.1 Admi*edly, the demised premises, i.e. Shed No.433-A, Industrial Area, Phase-II, Chandigarh was originally allo*ed to Smt. Swaraj Katari by Chandigarh Small Industries Department Corpora&on Limited. M/s R.D. Sales Corpora&on through its proprietor Rakesh Gupta (pe oner herein) was inducted as tenant in the demised premises on the right side por&on to the extent of 12 Ft. X 60 Ft., vide rent note dated 19.10.1994 on monthly rent of ₹6,000/- including water and electricity charges, for a period of 11 months. Said rent was later on Page no.2 out of 47 pages 2 of 47 Neutral Citation No:=2024:PHHC:146797 CR No.1662 of 2020 (O&M) 2024:PHHC:146797 CR No.1663 of 2020 (O&M) 2024:PHHC:146800 CR No.1664 of 2020 (O&M) 2024:PHHC:146802 CR No.6078 of 2018 (O&M) 2024:PHHC:146806 enhanced to ₹8,500/-.

This order shall dispose of four revision pe&&ons &tled above, as all of them are between same par&es and pertain to the same demised premises. In order to avoid confusion, par&es shall be referred as "landlord" and "tenant", i.e. as per their status before the trial Court.

2.1 Admi*edly, the demised premises, i.e. Shed No.433-A, Industrial Area, Phase-II, Chandigarh was originally allo*ed to Smt. Swaraj Katari by Chandigarh Small Industries Department Corpora&on Limited. M/s R.D. Sales Corpora&on through its proprietor Rakesh Gupta (pe oner herein) was inducted as tenant in the demised premises on the right side por&on to the extent of 12 Ft. X 60 Ft., vide rent note dated 19.10.1994 on monthly rent of ₹6,000/- including water and electricity charges, for a period of 11 months. Said rent was later on Page no.2 out of 47 pages 2 of 47 Neutral Citation No:=2024:PHHC:146797 CR No.1662 of 2020 (O&M) 2024:PHHC:146797 CR No.1663 of 2020 (O&M) 2024:PHHC:146800 CR No.1664 of 2020 (O&M) 2024:PHHC:146802 CR No.6078 of 2018 (O&M) 2024:PHHC:146806 enhanced to ₹8,500/-.

This order shall dispose of four revision pe&&ons &tled above, as all of them are between same par&es and pertain to the same demised premises. In order to avoid confusion, par&es shall be referred as "landlord" and "tenant", i.e. as per their status before the trial Court.

2.1 Admi*edly, the demised premises, i.e. Shed No.433-A, Industrial Area, Phase-II, Chandigarh was originally allo*ed to Smt. Swaraj Katari by Chandigarh Small Industries Department Corpora&on Limited. M/s R.D. Sales Corpora&on through its proprietor Rakesh Gupta (pe oner herein) was inducted as tenant in the demised premises on the right side por&on to the extent of 12 Ft. X 60 Ft., vide rent note dated 19.10.1994 on monthly rent of ₹6,000/- including water and electricity charges, for a period of 11 months. Said rent was later on Page no.2 out of 47 pages 2 of 47 Neutral Citation No:=2024:PHHC:146797 CR No.1662 of 2020 (O&M) 2024:PHHC:146797 CR No.1663 of 2020 (O&M) 2024:PHHC:146800 CR No.1664 of 2020 (O&M) 2024:PHHC:146802 CR No.6078 of 2018 (O&M) 2024:PHHC:146806 enhanced to ₹8,500/-.

All the three appeals were heard together which are directed against the judgment/ order of the learned Additional Sessions Judge, 1 of 26 Neutral Citation No:=2024:PHHC:146538-DB CRA-D Amritsar dated 12.10.2022/18.10.2022, 12.10.2022/18.10.2022, convicting and sentencing the appellants as under:-

under:

Name of Under section Punishment Fine In default of fine appellant Sahil alias 302 read with Imprisonment `10,000/- Rigorous imprisonment Salu Section 149 IPC for life for 03 months 307 read with Rigorous ` 5,000/- Rigorous imprisonment Section 149 IPC imprisonment for one month for 05 years 120-B IPC Imprisonment ` 10,000/- Rigorous imprisonment for life for 03 months 148 IPC Rigorous ` 2,000/- Rigorous imprisonment imprisonment for 15 days for 03 years George 302 read with Imprisonment `10,000/- Rigorous imprisonment Masih Section 149 IPC for life for 03 months 307 read with Rigorous ` 5,000/- Rigorous imprisonment Section 149 IPC imprisonment for one month for 05 years 120-B IPC Imprisonment ` 10,000/- Rigorous imprisonment for life for 03 months 148 IPC Rigorous ` 2,000/- Rigorous imprisonment imprisonment for 15 days for 03 years Rahul 302 read with Imprisonment `10,000/- Rigorous imprisonment alias Lahla Section 149 IPC for life for 03 months 307 read with Rigorous ` 5,000/- Rigorous imprisonment Section 149 IPC imprisonment for one month for 05 years 120-B IPC Imprisonment ` 10,000/- Rigorous imprisonment for life for 03 months 148 IPC Rigorous ` 2,000/- Rigorous imprisonment imprisonment for 15 days for 03 years

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.

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.

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:

These cross appeals are filed by the Revenue and Assessee against order dated 12.03.2020 passed by the CIT(A)-1, Ahmedabad for the Assessment Year 2012-13.

2. The Revenue has raised the following grounds of appeal :-

ITA Nos.345 & 383/Ahd/2020 Assessment Years: 2012-13 "(1) The ld. CIT(A) has erred in facts and law in deleting the transfer pricing adjustment made in respect of Corporate guarantee fees of Rs.60,83,440/-

(2) The id. CIT(A) has erred in facts and law in deleting the interest disallowance of Rs.1,64,86,560/- u/s.36(1)(iii) of the Act.

These cross appeals are filed by the Revenue and Assessee against order dated 12.03.2020 passed by the CIT(A)-1, Ahmedabad for the Assessment Year 2012-13.

2. The Revenue has raised the following grounds of appeal :-

ITA Nos.345 & 383/Ahd/2020 Assessment Years: 2012-13 "(1) The ld. CIT(A) has erred in facts and law in deleting the transfer pricing adjustment made in respect of Corporate guarantee fees of Rs.60,83,440/-

(2) The id. CIT(A) has erred in facts and law in deleting the interest disallowance of Rs.1,64,86,560/- u/s.36(1)(iii) of the Act.

.

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.

and background of the case:

The Appellant filed an RTI application dated 10.07.2023 seeking information on following points:-

"(1) Copy of filled up application form in which my name & designation is mentioned submitted by Avani seeds Ltd, Ahmedabad to Department of Scientific and Industrial Research to get In-house R &D Units certificate issued in FY 2019 (on March 2019 vide certificate F.No.TU/TV- RD/4444/2019). (2) Copy of filled up application form in which my name & designation is mentioned submitted by Avani seeds Ltd, Ahmadabad to Department of Scientific and Industrial Research to get In-house R&D Units certificate issued in FY 2021."

:

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 (offline) RTI application dated 16.03.2023 seeking the following information:

"1. Please refer the fwg letters:-

(a) Your Office letter No L/V/T-32/Misc Corr. Dated 06 Jul 2022 (copy att).

Page 1 of 12

(b) Your Office letter No L/V/T-32/Misc Corr. Dated 25 Jul 2022 (copy att).

(c) MPS for the month of Jun 2017 (copy att).

2. With due respect and humble submission, I would like to obtained following information related to above quoted letters and MPS:-

(a) As per your letter, a sum of Rs. 69,978/- has been deducted in 06/2017 MPS on account of recovery of DA (Rs. 67719/-) & FAA (2698/-) for the period of 20.01.2017 to 31.05.2017. However the sum deducted on account of DA & FAA is Rs. 70, 417/- (Le. Rs. 67,719+ Rs. 2698/). It has been observed that, there is a difference of Rs. 439/- (Rs. 70,417 Rs.

:

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.

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