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E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error. Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed. Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other. Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also rejected the appellants’ reliance on an executive order issued in 2007, stating that it was not applicable to the rules issued in 2014 — The court concluded that the candidate was eligible and qualified to be considered for appointment as she had met the minimum qualifying marks in the written test. Arbitration and Conciliation Act, 1996 — Where, under an appointment procedure agreed upon by the parties — Section 11(6) —The Supreme Court has clarified the scope of judicial scrutiny under Section 11(6) of the Act, 1996 — The court held that the court’s role in appointing an arbitrator is limited to examining the existence of an arbitration agreement and not to delve into the merits of the dispute or the validity of the agreement — The court further clarified that the issue of whether a claim is time-barred or not should be left to the arbitrator to decide, and the court should not conduct an intricate enquiry into the same — The court’s role is to ensure that the parties’ intention to resolve disputes through arbitration is upheld, and the legislative intention of minimum judicial interference in arbitral proceedings is given full effect — The court’s decision aims to streamline the position of law and avoid conflicts between different decisions in the future.

Land and Property Law—Whether having regard to notification vis-a-vis the expansion of the Indore development plan, the district committee in exercise of its delegated power can automatically extend the area of operation of the appellant despite the notification constituting it by the state whereby and whereunder its area of operation was limited to the one covered by the notification? NO.

2007(4) LAW HERALD (SC) 3105 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2530 of 2007…

Murder—Trail of Blood–Since the accused persons were dragging the dead body of the deceased to the house of the accused, there was possibility of their clothes being strained with blood rather than leaving trail of blood. FIR–Delay in lodging of–Murder of deceased at night while he was with his wife in his home–There was no requirement for offering any such explanation.

  2007(4) LAW HERALD (SC) 3101 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 330-331…

Service Matters

Service and Labour Law—Transfer—Transfer is an exigency of service and is an administrative decision. Interference by the Courts with transfer orders should only be in very rare cases. Service and Labour Law–Transfer–There can be no hard and fast rule that every transfer at the instance of an M.P. or MLA would be vitiated.

2007(4) LAW HERALD (SC) 3098 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 4360 of 2007…

Service Matters

Service and Labour Law–Disciplinary proceedings can be continued even after the age of superannuation in terms of rules governing the terms and conditions of services of the employee. Service and Labour Law–Dismissal–While imposing the punishment, Disciplinary Authority observed that the terminal dues of the appellant were to be settled–Appellant cannot claim such dues as a matter of right.

2007(4) LAW HERALD (SC) 3089 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 971 of 2007…

Service and Labour Law–Compassionate Appointment–Appellant who was a minor applied for compassionate appointment – His case was not kept on live register–Authorities failed to discharge their duties which were binding in terms of provisions—Direction issued to offer appointment to the appellant in a suitable post with costs of Rs. 25000/- only.

  2007(4) LAW HERALD (SC) 3082 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4339…

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