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National Highways Act, 1956 — Amendments and compensation provisions — Section 3-J introduced in 1997 removed applicability of Land Acquisition Act, 1894 (1894 Act) provisions for solatium and interest — Overturned by various High Courts, including reading down Sections 3-G and 3-J to grant solatium and interest — Subsequently, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) and its amended provisions extended to NH Act — Court clarified that landowners acquired lands under NH Act between 1997 and 2015 are entitled to solatium and interest — Review Petition filed by NHAI arguing financial burden was underestimated rejected, but clarification on delayed claims issued. Civil Procedure Code, 1908 (CPC) — Order 21 Rule 102 — Applicability — Provision contemplates a situation where a judgment debtor transfers property after institution of suit to a person who then obstructs execution — Not applicable where respondents derived title from independent registered sale deeds, not from the judgment debtor. Land Acquisition Act, 1894 — Section 28-A — Re-determination of compensation — Second application for re-determination based on High Court award maintainable even after accepting compensation based on Reference Court award — Principle of merger means appellate court’s award supersedes earlier award, entitling landowners to benefit from higher compensation — Object of Section 28-A is to ensure equality in compensation among similarly placed landowners. Electricity Act, 2003 — Section 61, 86 — Tariff determination and Generation Based Incentive (GBI) — State Electricity Regulatory Commission (SERC) has exclusive power to determine tariff — Ministry of New and Renewable Energy (MNRE) introduced GBI to incentivise renewable energy generation — GBI is intended to be over and above the tariff fixed by SERC — SERC must consider GBI while determining tariff, but not necessarily deduct it — SERC’s power to determine tariff includes considering incentives — Parliament’s allocation of funds for GBI does not prevent SERC from considering it in tariff — SERC must exercise its power harmoniously with other stakeholders to achieve policy objectives. Contract Law — Award of Tender — Judicial Review — High Court should exercise restraint when reviewing tender evaluation processes, especially in technical matters, unless there is clear evidence of mala fide, arbitrariness, or irrationality — A marginal difference in scores, as seen in this case, does not automatically warrant interference, especially when the owner has the right to accept or reject bids and the contract is already underway.

If an application is filed by an individual, there is a specific requirement of furnishing permanent address of the applicant as per Form-A. If an application is to be filed by a group of persons all the applicants are required to furnish their addresses as per Form-B annexed to Payment of Wages (Procedure) Rules 1937.

SUPREME COURT OF INDIA DIVISION BENCH M/S. CREATIVE GARMENTS LIMITED — Appellant Vs. KASHIRAM VERMA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil Appeal…

Murder – Acquittal – Cardinal principles in the administration of criminal justice in cases where heavy reliance is placed on circumstantial evidence, is that where two views are possible, one pointing to the guilt of the accused and the other towards his innocence, the one which is favourable to the accused must be adopted

SUPREME COURT OF INDIA DIVISION BENCH PRADEEP KUMAR — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal No. 1304…

HELD in the impugned judgement, there is neither any reasoning, nor any appreciation of evidence on record. We cannot convict the accused on the basis of the principles of preponderance of probability. It is our duty to make sure that miscarriage of justice is avoided at all costs and the benefit of doubt, if any, given to the accused.

SUPREME COURT OF INDIA DIVISION BENCH UDAYAKUMAR — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal No. 1741…

Acquittal HELD save and except for the confessional statement of the accused, the Prosecution is not able to link the weapon with the accused. There was no scientific evidence, or the marks of his fingerprints, other identification marks or any tell-tale signs of the blood found on body of the deceased, linking it to the metal pellets of the bullet fired from the weapon recovered during investigation.

SUPREME COURT OF INDIA FULL BENCH NARENDRASINH KESHUBHAI ZALA — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol, JJ. ) Criminal…

HELD proceeded with the acquired assumption of the guilt of the accused for the reason that he was lastly seen with the deceased, and lodged a false report, forgetting that as per the version of the father of the deceased, father of the accused had himself apprised him of his missing daughter, at least two days prior to the incident. Doubt and suspicion cannot form basis of guilt of the accused. The circumstances linking the accused to the crime are not proven at all, much less beyond reasonable doubt.

SUPREME COURT OF INDIA DIVISION BENCH GUNA MAHTO — Appellant Vs. STATE OF JHARKHAND — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal No. 108…

(CrPC) – Section 482 – Drugs and Cosmetics Act, 1940 – Section 18(c) and 27(b)(ii) – Drugs and Cosmetics Rules, 1945 – Rule 123 – Sanctioning authority had not examined at all whether a practising doctor could be prosecuted under the facts of the case, considering the small quantity of the drugs and the exception created in favour of medical practitioner under Rule 123, read with the Schedule “K” – Criminal proceedings is quashed

SUPREME COURT OF INDIA DIVISION BENCH S. ATHILAKSHMI — Appellant Vs. THE STATE REP. BY THE DRUGS INSPECTOR — Respondent ( Before : Krishna Murari and Sudhanshu Dhulia, JJ. )…

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