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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.

Order of High Court Granting Interim Relief – Quashing of -High Court has as such made the proceedings before the DRAT infructuous, as after the impugned judgment and order nothing further is required to be decided by the DRAT – Therefore, the High Court has exceeded in its jurisdiction by passing the impugned judgment and order

SUPREME COURT OF INDIA DIVISION BENCH SRS ADVERTISING & MARKETING PRIVATE LIMITED AND OTHERS — Appellant Vs. MR. KAMAL GARG AND ANOTHER — Respondent ( Before : M.R. Shah and…

Maharashtra Co-operative Societies Rules, 1961 – Rule 107(14)(i) – Setting aside of auction sale – No sale shall be set aside on the ground of material irregularity, mistake or fraud unless the Recovery Officer is satisfied that the applicant had sustained substantial injury by reason of such irregularity, mistake or fraud.

SUPREME COURT OF INDIA DIVISION BENCH DEENADAYAL NAGARI SAHAKARI BANK LIMITED AND ANOTHER — Appellant Vs. MUNJAJI AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

ESI – Doctor has clearly stated that the appellant has suffered from functional loss of 100% of the right upper limb – Commissioner for Workmen’s Compensation was right in holding that the disability of the appellant will have to be treated as 100% disability – High Court committed an error holding that the disability ought to have been assessed as 70% partial permanent disability instead of 100% – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH ARJUN S/O. RAMANNA @ RAMU — Appellant Vs. IFFCO TOKIO GENERAL INSURANCE CO. LIMITED AND ANOTHER — Respondent ( Before : Ajay Rastogi and…

Amazon vs Reliance – Resumption of NCLT Proceedings – Single Judge of the Delhi High Court, to consider all the contentions raised by both the parties in this regard and pass appropriate order as to continuation of the NCLT proceedings beyond the stage mentioned at serial no. 8 and other regulatory approvals expeditiously, uninfluenced by any observations made herein.

SUPREME COURT OF INDIA FULL BENCH FUTURE COUPONS PRIVATE LIMITED AND OTHERS — Appellant Vs. AMAZON.COM NV INVESTMENT HOLDINGS LLC AND OTHERS — Respondent ( Before : N.V. Ramana, CJI,…

Hindu Marriage Act, 1955 – Section 13(1)(ia) and 13(1)(ib) – Divorce on the grounds of cruelty and desertion by wife – From June 2009 wife left the matrimonial home with all her personal belongings and consistently refused to consummate the marriage, thereby causing mental agony to the husband – – From the evidence on record, an inference can be drawn that there was animus deserendi on the part of the wife

SUPREME COURT OF INDIA DIVISION BENCH DEBANANDA TAMULI — Appellant Vs. SMTI KAKUMONI KATAKY — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal No.…

Cancellation of lease – A person who misleads the Development Authority in obtaining allotment of a plot is not entitled to any relief – HELD Cancellation of lease – A person who misleads the Development Authority in obtaining allotment of a plot is not entitled to any relief -Cancellation of lease – – Filing of a false affidavit disentitles the plaintiff for any equitable relief – any irregularity in the process of cancellation stands cured with Chief Executive Officer granting permission.

RAVINDRA KUMAR SINGHVI (DEAD) THR. LRS. — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal No. 382 of 2012 Decided on : 15-02-2022 Cancellation of…

Plea of juvenility has to be raised in a bonafide and truthful manner. If the reliance is on a document to seek juvenility which is not reliable or dubious in nature, the appellant cannot be treated to be juvenile keeping in view that the Act is a beneficial legislation – Appellant cannot be given benefit of juvenility – HELD birth certificate issued by corporation or municipal authority or a panchayat is a relevant document to prove the juvenility -Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH MANOJ @ MONU @ VISHAL CHAUDHARY — Appellant Vs. STATE OF HARYANA AND ANOTHER — Respondent ( Before : Hemant Gupta and V. Ramasubramanian,…

Murder – Acquittal – Circumstantial evidence – Burden of proof — Prosecution having failed to prove the basic facts as alleged against the accused, the burden could not be shifted on the accused by pressing into section 106 of the Evidence Act HELD gross error of law in convicting the accused for the alleged crime, merely on the basis of the suspicion, conjectures and surmises – Accused are acquitted.

SUPREME COURT OF INDIA DIVISION BENCH SATYE SINGH AND ANOTHER — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : Sanjiv Khanna and Belam. Trivedi, JJ. ) Criminal Appeal…

IMP – Commercial Suits – Time limit for filing written statement – in the ordinary circumstances, the mandates of Rule 1(1) of Order V, Rule 1 of Order VIII as also Rule 10 of Order VIII, as applicable to the Commercial dispute of a Specified Value, do operate in the manner that after expiry of 120th day from the date of service of summons, the defendant forfeits the right to submit his written statement and the Court cannot allow the same to be taken on record but

SUPREME COURT OF INDIA DIVISION BENCH PRAKASH CORPORATES — Appellant Vs. DEE VEE PROJECTS LIMITED — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Civil Appeal No(s).…

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