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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.

Dishonour of Cheque—Offence by Company—Quashing—Role of a Director in a company is ultimately a question of fact—High Court must exercise its power under S. 482, Cr.P.C. when it is convinced, from the material on record, that allowing the proceedings to continue would be an abuse of process of the Court

2019(2) Law Herald (SC) 939 : 2019 LawHerald.Org 731 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Ms. Justice…

Execution of Decree—Protection of Possession—Appellants, even though they are strangers to the decree, are entitled to get their claim to remain in possession of the property independent of the decree, adjudicated in course of execution proceedings and not by a separate suit Resjudicata—Failure of the parties to raise a matter, which “might and ought” to have been made in a former suit, cannot be raised in a latter suit

2019(2) Law Herald (SC) 884 : 2019 LawHerald.Org 726 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

Second Appeal—Scope of—While deciding the second appeal, it is not permissible for the High Court to re-appreciate the evidence on record and interfere with the findings recorded by the Courts below and/or the First Appellate Court and if the First Appellate Court has exercised its discretion in a judicial manner Second Appeal—Jurisdiction of the High Court to entertain the second appeal under Section 100 CPC is confined only to such appeals which involve a substantial question of law

2019(1) Law Herald (SC) 835 : 2019 LawHerald.Org 720 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr. Justice M.R. Shah Civil Appeal No.…

The S C O I has upheld the judgment of the NCDRC against Jaiprakash Associate Limited (JAL) on the issue of maintainability of consumer complaints before NCDRC. It validates the maintainability of consumer claims of homebuyers against Jaypee for refunds and damages on account of delayed possession.

  1   IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION   CIVIL APPEAL NO(S).11320-11329 OF 2018   JAIPRAKASH ASSOCIATE LTD.                                                          APPELLANT(S)   VERSUS   GAURAV GOYAL & ANR.…

Service Matters

Service Law—Dismissal from Service—Absence without leave-­Unauthorized absence of 302 days by a member of the Armed Force without any effort to apply for extension of his leave-Punishment of dismissal from service cannot be held to be harsh and disproportionate merely on the ground that the respondent had put in twelve years of service.

2019(2) Law Herald (SC) 870 : 2019 LawHerald.Org 723 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y Chandrachud  Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

Theft of Electricity—Quashing—FIR can be quashed only after following procedure under S. 152 of the Act and not merely on compromise between the partiesTheft of Electricity—Quashing—FIR can be quashed only after following procedure under S. 152 of the Act and not merely on compromise between the parties

2019(2) Law Herald (SC) 865 : 2019 LawHerald.Org 724 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal Nos.469-470…

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