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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.

(CrPC) – Section 125 – Maintenance to wife and minor child – Husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute – Direction issued to husband shall pay maintenance amount of Rs. 10,000/- per month to wife.

SUPREME COURT OF INDIA DIVISON BENCH ANJU GARG AND ANOTHER — Appellant Vs. DEEPAK KUMAR GARG — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Criminal…

Electricity Act, 2003 – Section 14 – Grant of licence – requirements relating to the capital adequacy, creditworthiness, or code of conduct as may be prescribed by the Central Government, and no such applicant, who complies with all the requirements for grant of licence, shall be refused grant of licence on the ground that there already exists a licensee in the same area for the same purpose.

SUPREME COURT OF INDIA DIVISON BENCH M/S. JINDAL STEEL AND POWER LIMITED — Appellant Vs. THE CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION AND OTHERS — Respondent ( Before : Ajay Rastogi…

Companies Act, 1956 – Sections 3 and 560(5) – Striking off name of company – Defunct company – As per the last balance sheet filed for the year 2002­2003, the paid up share capital of the Company in question was Rs.7,000/­ – such acompany defunct company caanot be restored after 16 years stiking of name.

SUPREME COURT OF INDIA DIVISON BENCH NIRENDRA NATH KAR — Appellant Vs. GOPAL NAVIN BHAI DAVE AND OTHERS — Respondent ( Before : Ajay Rastogi and B.V. Nagarathna, JJ. )…

Termination of Pregnancy – All women, married or unmarried, are entitled to safe and legal abortion – Object of Section 3(2)(b) of the MTP Act read with Rule 3B is to provide for abortions between twenty and twenty-four weeks, rendered unwanted due to a change in the material circumstances of women –

SUPREME COURT OF INDIA FULL BENCH X — Appellant Vs. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI AND ANOTHER — Respondent ( Before :…

Compassionate Appointment – The object is not to give a member of such family a post much less a post for post held by the deceased – respondent a married daughter her elder sister application for appointment already dismissed HELD respondent not dependent on her mother so claim for appointment on death of mother rejected.

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF MAHARASHTRA AND ANOTHER — Appellant Vs. MS. MADHURI MARUTI VIDHATE (SINCE AFTER MARRIAGE SMT. MADHURI SANTOSH KOLI) — Respondent ( Before…

Bail – HELD order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of SCOI – the interests of the criminal justice system in ensuring that those who commit crimes are not afforded the opportunity to obstruct justice. Judges are duty-bound to explain the basis on which they have arrived at a conclusion.

SUPREME COURT OF INDIA DIVISON BENCH AMINUDDIN — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Criminal…

HELD income of the Deceased is computed by adding the amount awarded under the two parts ( Rs 10,93,000/- + Rs 2,50,000/-), which comes to Rs 13,43,000/-. In terms of Pranay Sethi (2017) 16 SCC 680, forty per cent of the income has to be added towards future prospects, which would come to Rs 18,80,200/-. After deducting one-fourth towards personal expenses as per Sarla Verma  , the net amount comes to Rs 14,10,150/- per annum. Applying the multiplier of 16, the total loss of dependency on account of the Deceased’s income is calculated at Rs 2,25,62,400/-. We further grant compensation under the remaining conventional heads as per the decisions in Pranay Sethi Satinder Kaur (2021) 11 SCC 780

SUPREME COURT OF INDIA DIVISON BENCH K. RAMYA AND OTHERS — Appellant Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : Surya Kant and V. Ramasubramanian, JJ.…

Land Acquisition – When the matter relates to the payment of amount of compensation to the land losers, if at all two views are possible, the view that advances the cause of justice is always to be preferred rather than the other view, which may draw its strength only from technicalities.

SUPREME COURT OF INDIA DIVISON BENCH KAZI MOINUDDIN KAZI BASHIRODDIN AND OTHERS — Appellant Vs. THE MAHARASHTRA TOURISM DEVELOPMENT CORPORATION, THROUGH ITS SENIOR REGIONAL MANAGER REGIONAL OFFICE, MTDC, AURANGABAD, MAHARASHTRA…

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