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Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law. Contract Law — Termination and Blacklisting — Principles of Judicial Review — Courts must apply distinct standards of legality, rationality, and proportionality when reviewing administrative actions related to contract termination and blacklisting, considering the differing gravity of these measures and their consequences. Service Law — Disciplinary proceedings — Punishment — Judicial review — The court’s power to review punishment is limited and generally does not allow substitution of its own judgment for that of the disciplinary authority unless the punishment is illogical, suffers from procedural impropriety, or shocks the conscience of the court Waqf Act, 1995 — Section 3(i) and Section 32(2)(g) — Jurisdiction of Civil Court versus Waqf Board — Distinction between Sajjadanashin and Mutawalli — Sajjadanashin is a spiritual head with religious duties, while Mutawalli is a secular manager of Waqf property — Waqf Board has jurisdiction over appointment and removal of Mutawallis but not Sajjadanashins — Civil Court retains jurisdiction over disputes concerning the office of Sajjadanashin — High Court wrongly held Civil Court lacked jurisdiction. 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.

Election–Reserved seat–Respondent contested the election as a member of SC candidate and was elected–Documentary evidence shows he does not belong to SC Category–Election held to be void. Election Law–Caste Certificate–Where a caste certificate issued by the Executive Magistrate is showing a different caste as maintained in the School records then the said certificate should be ignored.

  2007(5) LAW HERALD (SC) 4126 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan, CJI The Hon’ble Mr. Justice R. V. Raveendran Civil Appeal…

Closure of Mill–Bench Hunting–Withdrawal request–Whether a case of bench hunting ? NO, because company could have waited for the expiry of 60 days and could have the benefit of deeming clause, but it was trying for an amicable settlement and this was clearly its bona fide Bench Hunting–Meaning of.

  2007(5) LAW HERALD (SC) 4110 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 5458 of…

Maintenance–Wife cannot be denied maintenance on the ground that she has been capable of earning but she was not making an effect to earn. Maintenance–Income of the wife is insufficient–The test is whether the wife is in a position to maintain herself in the way she was used to in the place of her husband. Maintenance–Claim by wife– The phrase “unable to maintain herself” would mean that means available to the deserted wife while she was living with her husband and would not take within itself the efforts made by the wife after desertion to survive somehow.

  2007(5) LAW HERALD (SC) 4100   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No. 1627…

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