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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.

Council of Architecture may prescribe minimum standards of architectural education, either by way of regulations issued under Section 45(2) or even otherwise – It is only in cases where the Council chooses to prescribe standards in the form of regulations that the requirement of approval of the Central Government under Section 45(1) would become necessary.

SUPREME COURT OF INDIA DIVISION BENCH COUNCIL OF ARCHITECTURE — Appellant Vs. THE ACADEMIC SOCIETY OF ARCHITECTS (TASA) AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian,…

Maharashtra Regional and Town Planning Act, 1966 – Sections 19, 22, 22(b), 22(c) and 31(5) – Under the MRTP Act, in the Development Plan, the Planning Authority and/or the Appropriate Authority has to make the provisions for the public purposes mentioned in Clauses (b) and (c) of Section 22 and sub-section (5) of Section 31 of the MRTP Act – in the facts and circumstances of this case, when land is found to be unsuitable and unusable for the purposes for which it has been reserved, Corporation cannot be compelled to pay a huge compensation for such a useless and unsuitable land.

SUPREME COURT OF INDIA DIVISION BENCH THE KOLHAPUR MUNICIPAL CORPORATION AND OTHERS — Appellant Vs. VASANT MAHADEV PATIL (DEAD) THROUGH L.R.S AND OTHERS — Respondent ( Before : M.R. Shah…

When the complainant had lodged the FIR immediately after the theft of the vehicle, and when the police after the investigation had arrested the accused and also filed challan before the concerned Court, and when the claim of the insured was not found to be not genuine, the Insurance Company could not have repudiated the claim merely on the ground that there was a delay in intimating the Insurance Company about the occurrence of the theft.

SUPREME COURT OF INDIA DIVISION BENCH JAINA CONSTRUCTION COMPANY — Appellant Vs. THE ORIENTAL INSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi,…

Industrial Disputes Act, 1947 – Section 11A – Dismissal form service – Misconduct – Looking into seriousness of the nature of allegations levelled against the employee, the punishment of dismissal inflicted upon him in no manner could be said to be shockingly disproportionate which would have required to be interfered with by the Tribunal in exercise of its power under Section 11A of the Act 1947

SUPREME COURT OF INDIA DIVISION BENCH UNITED BANK OF INDIA — Appellant Vs. BACHAN PRASAD LALL — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil…

Service Matters

HELD Considering the fact that it can be said to be a case of loss of confidence in the employee by the Bank – It just and proper to substitute the punishment from that of removal of service to that of compulsory retirement – Appellant shall be entitled to all the benefits which may be available to him by converting the punishment from that of removal of service to that of compulsory retirement – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH UMESH KUMAR PAHWA — Appellant Vs. THE BOARD OF DIRECTORS UTTARAKHAND GRAMIN BANK AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

Reinstatement of woman Additional District Judge, who complained of sexual harassment against the judge of the Madhya Pradesh High Court and resigned in 2014 – Petitioner’s resignation from the post of Additional District & Sessions Judge, Gwalior dated 15th July 2014, cannot be construed to be voluntary – directed to re­instate the petitioner forthwith as an Additional District & Sessions Judge

SUPREME COURT OF INDIA DIVISION BENCH MS. X — Appellant Vs. REGISTRAR GENERAL, HIGH COURT OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R.…

Multiplier – Since the deceased was 54 years of age on the date of incident, therefore, the suitable multiplier would be 11 – Thus, the appellants are found entitled to compensation of Rs. 24,33,064/- with interest @ 9% from the date of filing of the claim application till realisation.

SUPREME COURT OF INDIA DIVISION BENCH R. VALLI AND OTHERS — Appellant Vs. TAMIL NADU STATE TRANSPORT CORPORATION LIMITED — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…

Land Acquisition Act, 1894 – Acquisition of land – Notification – Once the very acquisition and the notifications under Sections 4 and 6 were the subject matter of other proceedings pending before the High Court, in order to avoid any further conflicting orders HC not to decide appeals separately. Remanded

SUPREME COURT OF INDIA DIVISION BENCH M.P. HOUSING BOARD AND ANOTHER — Appellant Vs. SATISH KUMAR BATRA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

(CrPC) – Section 482 – Quashing of criminal proceedings – HELD not justified for the Court in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the inherent powers do not confer any arbitrary jurisdiction on the Court to act according to its whims and fancies

SUPREME COURT OF INDIA DIVISION BENCH SHAFIYA KHAN @ SHAKUNTALA PRAJAPATI — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka,…

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