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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.

Sections 10, 13, 15, 16, 17, 18, 18A, 18B, 19, 20, 23 and 38 of the Unlawful Activities (Prevention) Act, 1967 – HELD the evidence which has already unfolded and above all, the long period of incarceration that the appellant has already undergone, time has arrived when the appellant be enlarged on bail.

SUPREME COURT OF INDIA DIVISION BENCH JAHIR HAK — Appellant Vs. THE STATE OF RAJASTHAN — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Criminal Appeal No.…

Penal Code, 1860 (IPC) – Section 504 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(i)(x) – Probation of Offenders Act, 1958 – Sections 3 and 11 – Power of court to release certain offenders after admonition – HELD this Court under the 1958 Act itself can pass an order at this stage – It appropriate that the appellant may be released instead of carrying out the sentence after due admonition

SUPREME COURT OF INDIA DIVISION BENCH KUNTI KUMARI — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : S. Abdul Nazeer and Vikram Nath, JJ. ) Criminal Appeal…

Practices and Rules – Dismissal of appeal without reasoning – Impugned order passed by the High Court is a non-speaking and non­reasoned order and even the submissions on behalf of the revenue are not recorded, the impugned order passed by the High Court dismissing the appeal is unsustainable – Matter is remanded to the High Court

SUPREME COURT OF INDIA DIVISION BENCH THE PRINCIPAL COMMISSIONER OF INCOME TAX-1 — Appellant Vs. M/S. BAJAJ HERBALS PRIVATE LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Service Matters

Uttar Pradesh State Universities Act, 1973 – Sections 16 and 17 – State Government is not bound by any direction issued by the Central Government which would at worst be mandatory to the Central Universities and the Central Government Colleges receiving funds – Thus, any such decision would obviously be directory to State Government Colleges and Universities, being in the nature of a mere recommendation

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND — Appellant Vs. SUDHIR BUDAKOTI AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Civil…

Delhi Rent Control Act, 1958 – Section 25B(8) – HELD the mere existence of the other properties which are, in fact, denied by the appellant would not enure to the benefit of the respondent in the absence of any pleadings and supporting material before the learned Rent Controller to the effect that they are reasonably suitable for accommodation. embargo under the Enemy Property Act would not be made applicable to the properties in question.

SUPREME COURT OF INDIA DIVISION BENCH ABID-UL-ISLAM — Appellant Vs. INDER SAIN DUA — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Civil Appeal No. 9444…

Punjab Village Common Lands (Regulation) Act, 1961, as inserted by Haryana Act No. 9/1992 -The entire land reserved for common purposes by applying pro-rata cut had to be utilized by the Gram Panchayat for the present and future needs of the village community and that no part of the land can be re-partitioned amongst the proprietors.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HARYANA THROUGH SECRETARY TO GOVERNMENT OF HARYANA — Appellant Vs. JAI SINGH AND OTHERS — Respondent ( Before : Hemant Gupta…

It is a fundamental principle of law that a party who is in enjoyment of an interim order, is bound to lose the benefit of such interim order when the ultimate outcome of the case goes against him. HELD in view of the efflux of time and taking into account the fact that few employees are now no more, we direct the Management not to effect any recovery, if payment has already been made to any of the respondents or their families.

SUPREME COURT OF INDIA DIVISION BENCH CHAIRMAN-CUM-MANAGING DIRECTOR FERTILIZER CORPORATION OF INDIA LIMITED AND ANOTHER — Appellant Vs. RAJESH CHANDRA SHRIVASTAVA AND OTHERS — Respondent ( Before : Hemant Gupta…

A consumer invoking the jurisdiction of the Commission can seek such reliefs as he/she considers appropriate. A consumer can pray for refund of the money with interest and compensation. The consumer could also ask for possession of the apartment with compensation. The consumer can also make a prayer for both in the alternative.

SUPREME COURT OF INDIA FULL BENCH EXPERION DEVELOPERS PVRIVATE LIMITED — Appellant Vs. SUSHMA ASHOK SHIROOR — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri…

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