Supreme Court of India Judgements

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Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Abuse of process — Family arrangement (KBPP) and Conciliation Award — Allegations of undue influence, coercion, misrepresentation, and fabrication — Grounds for challenge were distinct for KBPP and Award — Lower courts erred in rejecting plaint by treating documents as one Conciliation Award and dismissing allegations of fraud due to admitted execution of KBPP — Allegations of coercion need not be limited to life threat and can arise from subservience — Rejection of plaint was erroneous as prima facie cause of action disclosed, suit not vexatious or abuse of process. Bharatiya Nyaya Sanhita, 2023 — Section 108, 80, 103, 85 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Offences — Abetment to suicide, Dowry death, Murder — Allegations of extra-marital relationship, demand of money/dowry — Deceased died of poisoning/injection — Autopsy findings — Prosecution case not strong at bail stage. Industrial Disputes Act, 1947 — Section 33(1) — Requirement for employer to seek permission before altering service conditions or stopping work of workmen during pendency of dispute — Failure to do so constitutes a breach of the Act. Industrial Disputes Act, 1947 — Sections 10(1), 12 — Reference of industrial dispute — Apprehended dispute — Appropriate Government’s power to refer — The appropriate Government has the power to refer an industrial dispute for adjudication if it is of the opinion that such dispute exists or is apprehended. The initiation of conciliation proceedings under Section 12 does not statutorily require a prior demand notice to the employer as a pre-condition to approaching the Conciliation Officer. The management’s argument that a prior demand notice is essential, based on certain previous judgments, fails as it ignores the provision for referring an apprehended dispute, which can be invoked to prevent industrial unrest Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 175(4) — Complaints against public servants alleged to have committed offenses in discharge of official duties — Interpretation — This provision is not a standalone provision, nor is it a proviso to Section 175(3) — It must be read in harmony with Section 175(3), with Section 175(4) forming an extension of Section 175(3) — The power to order investigation under Section 175(3) is conferred upon a judicial magistrate, while Section 175(4) also confers such power but prescribes a special procedure for complaints against public servants — The expression “complaint” in Section 175(4) does not encompass oral complaints and must be understood in the context of a written complaint supported by an affidavit, as required by Section 175(3) — This interpretation ensures that the procedural safeguard of an affidavit, mandated by Priyanka Srivastava v. State of U.P., is not undermined even when dealing with public servants — The intention is to provide a two-tier protection: first, at the threshold stage under Section 175(4) with additional safeguards, and second, at the post-investigation stage under Section 218(1) regarding previous sanction. (Paras 26, 31, 37.1, 37.2, 37.4, 37.5, 37.6, 37.8, 38, 39, 40, 42, 43, 44)
C P C

Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Abuse of process — Family arrangement (KBPP) and Conciliation Award — Allegations of undue influence, coercion, misrepresentation, and fabrication — Grounds for challenge were distinct for KBPP and Award — Lower courts erred in rejecting plaint by treating documents as one Conciliation Award and dismissing allegations of fraud due to admitted execution of KBPP — Allegations of coercion need not be limited to life threat and can arise from subservience — Rejection of plaint was erroneous as prima facie cause of action disclosed, suit not vexatious or abuse of process.

Feb 10, 2026 sclaw
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Abuse of process — Family arrangement (KBPP) and Conciliation Award — Allegations of undue influence, coercion, misrepresentation, and fabrication — Grounds for challenge were distinct for KBPP and Award — Lower courts erred in rejecting plaint by treating documents as one Conciliation Award and dismissing allegations of fraud due to admitted execution of KBPP — Allegations of coercion need not be limited to life threat and can arise from subservience — Rejection of plaint was erroneous as prima facie cause of action disclosed, suit not vexatious or abuse of process.
C P C
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Abuse of process — Family arrangement (KBPP) and Conciliation Award — Allegations of undue influence, coercion, misrepresentation, and fabrication — Grounds for challenge were distinct for KBPP and Award — Lower courts erred in rejecting plaint by treating documents as one Conciliation Award and dismissing allegations of fraud due to admitted execution of KBPP — Allegations of coercion need not be limited to life threat and can arise from subservience — Rejection of plaint was erroneous as prima facie cause of action disclosed, suit not vexatious or abuse of process.
Bharatiya Nyaya Sanhita, 2023 — Section 108, 80, 103, 85 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Offences — Abetment to suicide, Dowry death, Murder — Allegations of extra-marital relationship, demand of money/dowry — Deceased died of poisoning/injection — Autopsy findings — Prosecution case not strong at bail stage.
Bail Granted
Bharatiya Nyaya Sanhita, 2023 — Section 108, 80, 103, 85 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Offences — Abetment to suicide, Dowry death, Murder — Allegations of extra-marital relationship, demand of money/dowry — Deceased died of poisoning/injection — Autopsy findings — Prosecution case not strong at bail stage.
Industrial Disputes Act, 1947 — Section 33(1) — Requirement for employer to seek permission before altering service conditions or stopping work of workmen during pendency of dispute — Failure to do so constitutes a breach of the Act.
Labour Cases
Industrial Disputes Act, 1947 — Section 33(1) — Requirement for employer to seek permission before altering service conditions or stopping work of workmen during pendency of dispute — Failure to do so constitutes a breach of the Act.
Industrial Disputes Act, 1947 — Sections 10(1), 12 — Reference of industrial dispute — Apprehended dispute — Appropriate Government’s power to refer — The appropriate Government has the power to refer an industrial dispute for adjudication if it is of the opinion that such dispute exists or is apprehended. The initiation of conciliation proceedings under Section 12 does not statutorily require a prior demand notice to the employer as a pre-condition to approaching the Conciliation Officer. The management’s argument that a prior demand notice is essential, based on certain previous judgments, fails as it ignores the provision for referring an apprehended dispute, which can be invoked to prevent industrial unrest
Labour Cases
Industrial Disputes Act, 1947 — Sections 10(1), 12 — Reference of industrial dispute — Apprehended dispute — Appropriate Government’s power to refer — The appropriate Government has the power to refer an industrial dispute for adjudication if it is of the opinion that such dispute exists or is apprehended. The initiation of conciliation proceedings under Section 12 does not statutorily require a prior demand notice to the employer as a pre-condition to approaching the Conciliation Officer. The management’s argument that a prior demand notice is essential, based on certain previous judgments, fails as it ignores the provision for referring an apprehended dispute, which can be invoked to prevent industrial unrest
Land Acquisition

Lapse of land acquisition – Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, – When within three years various steps were taken for implementation of the scheme including the steps to acquire the land by negotiations and even thereafter on failure to acquire the land by negotiations approaching the State Government to acquire the land under the Land Acquisition Act, the High Court has erred in declaring that the scheme has lapsed

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDORE DEVELOPMENT AUTHORITY — Appellant Vs. BURHANI GRIH NIRMAN SAHAKARI SANSTHA MARYADIT SNEH NAGAR AND OTHERS — Respondent ( Before : M.R. Shah and…

I P C Murder

(IPC) – Sections 300 Exception 4 – Culpable homicide is not murder – Four requirements must be satisfied to invoke this exception, viz. (i) it was a sudden fight; (ii) there was no premeditation; (iii) the act was done in a heat of passion; and (iv) the assailant had not taken any undue advantage or acted in a cruel or unusual manner – Appellant was entitled to the benefit of Exception 4 to section 300, IPC.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PREMCHAND — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. ) Criminal Appeal No.…

Compassionate Appointment

HELD there was no policy existing to govern compassionate appointment to posts under local authorities in the State of West Bengal and hence, in the absence of such a policy, compassionate appointment cannot be granted; second, assuming that there was such a policy, it would be of no redeeming purpose to direct that the applications for appointment on compassionate grounds be considered and decided several years after they were filed.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL — Appellant Vs. DEBABRATA TIWARI AND OTHERS ETC. ETC. — Respondent ( Before : Krishna Murari and B.V. Nagarathna,…

Constitution

HELD misused/used the solvency certificate dated 07.12.2017 for his own benefit illegally and submitted the same along with his bid and on the basis of the said solvency certificate he got the lease bid. Under the circumstances, the bid by using the solvency certificate dated 07.12.2017 by respondent no.1 was non-est and void ab initio and therefore, the lease in his favour on the basis of such solvency certificate was rightly cancelled by the Collector.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEBIDUTTA MOHANTY — Appellant Vs. RANJAN KUMAR PATTNAIK AND OTHERS — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. ) Civil…

Constitution Consumer

A person having bachelor’s degree from a recognized University and who is a person of ability, integrity and standing, and having special knowledge and professional experience of not less than 10 years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine, shall be treated as qualified for appointment of President and Members of the State Commission

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SECRETARY MINISTRY OF CONSUMER AFFAIRS — Appellant Vs. DR. MAHINDRA BHASKAR LIMAYE AND OTHERS — Respondent ( Before : M. R. Shah and…

Constitution

Adani Group-Hindenburg Research – In order to protect Indian investors against volatility of the kind which has been witnessed in the recent past – It is appropriate to constitute an Expert Committee for the assessment of the extant regulatory framework and for making recommendations to strengthen it – This Court hereby constitute a committee consisting of the members.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH VISHAL TIWARI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI, Pamidighantam Sri. Narasimha and…

C P C

(CPC) – Section 20, Order VII Rule 10 and Order VII Rule 11 – Court cannot lose sight of the ground reality that in most of the civil disputes, half the battle is won through interim orders and do not think that the court should be a party to the practice of allowing a litigant to use one court for the purpose of temporary reliefs and another court for permanent reliefs

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FUTURE SECTOR LAND DEVELOPERS LLP AND ANOTHER — Appellant Vs. BAGMANE DEVELOPERS PRIVATE LIMITED AND OTHERS ETC. — Respondent ( Before : V. Ramasubramanian…

You missed

C P C

Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Abuse of process — Family arrangement (KBPP) and Conciliation Award — Allegations of undue influence, coercion, misrepresentation, and fabrication — Grounds for challenge were distinct for KBPP and Award — Lower courts erred in rejecting plaint by treating documents as one Conciliation Award and dismissing allegations of fraud due to admitted execution of KBPP — Allegations of coercion need not be limited to life threat and can arise from subservience — Rejection of plaint was erroneous as prima facie cause of action disclosed, suit not vexatious or abuse of process.

Feb 10, 2026 sclaw
Bail Granted

Bharatiya Nyaya Sanhita, 2023 — Section 108, 80, 103, 85 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Offences — Abetment to suicide, Dowry death, Murder — Allegations of extra-marital relationship, demand of money/dowry — Deceased died of poisoning/injection — Autopsy findings — Prosecution case not strong at bail stage.

Feb 1, 2026 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Section 33(1) — Requirement for employer to seek permission before altering service conditions or stopping work of workmen during pendency of dispute — Failure to do so constitutes a breach of the Act.

Feb 1, 2026 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Sections 10(1), 12 — Reference of industrial dispute — Apprehended dispute — Appropriate Government’s power to refer — The appropriate Government has the power to refer an industrial dispute for adjudication if it is of the opinion that such dispute exists or is apprehended. The initiation of conciliation proceedings under Section 12 does not statutorily require a prior demand notice to the employer as a pre-condition to approaching the Conciliation Officer. The management’s argument that a prior demand notice is essential, based on certain previous judgments, fails as it ignores the provision for referring an apprehended dispute, which can be invoked to prevent industrial unrest

Feb 1, 2026 sclaw