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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.

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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