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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)

Transparency in expenses – Intent behind specifying total expense ratio and the performance disclosure for mutual funds is to bring greater transparency in expenses and to not confer any right on the mutual fund distributors to claim expenses under clause (b) to Regulation 41(2), which pertains to the procedure and manner of winding up.

SUPREME COURT OF INDIA DIVISON BENCH FRANKLIN TEMPLETON TRUSTEE SERVICES PRIVATE LIMITED AND ANOTHER — Appellant Vs. AMRUTA GARG AND OTHERS ETC. — Respondent ( Before : S. Abdul Nazeer…

Service Matters

There is a clear distinction in law between junior resident doctors and regularly recruited ESIC doctors – The in-service quota is, therefore, justifiably made available to the latter category – Petitioners cannot claim parity with regularly recruited insurance medical officers in seeking the benefit of the in-service quota.

SUPREME COURT OF INDIA DIVISON BENCH HEMANT KUMAR VERMA AND OTHERS — Appellant Vs. EMPLOYEES STATE INSURANCE CORPORATION AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Respondent-claimant earlier initiated the arbitration proceedings under Section 9 of the Arbitration Act in the Court at Vishakhapatnam – Only the High Court of Andhra Pradesh at Amaravati would have jurisdiction to entertain the application under Section 11(6) of the Act – Appeal allowed.

SUPREME COURT OF INDIA DIVISON BENCH GENERAL MANAGER EAST COAST RAILWAY RAIL SADAN AND ANOTHER — Appellant Vs. HINDUSTAN CONSTRUCTION CO. LTD. — Respondent ( Before : M. R. Shah…

Appeal against grant of anticipatory bail HELD It is a peremptory direction affecting a third party. The adverse impact of the direction goes to the very livelihood of the appellant. It has also civil consequences for the appellant. Such a peremptory direction and that too, without even issuing any notice to the appellant was clearly unjustified

SUPREME COURT OF INDIA DIVISON BENCH KANCHAN KUMARI — Appellant Vs. THE STATE OF BIHAR AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Criminal…

Consumer complaint – Loss or damage of JCB Excavator – Compensation – HELD due to the collapsing of the road, which resulted in the vehicle falling into a deep ditch in a hilly terrain of the State of Uttarakhand – Direction issued to Insurer to pay a sum of Rs 13.50 lakh to the appellant, together with interest.

SUPREME COURT OF INDIA DIVISON BENCH SHARDA ASSOCIATES — Appellant Vs. UNITED INDIA INSURANCE COMPANY LTD — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A S Bopanna, JJ.…

GST – HELD mega notification only exempts service provided by way of conduct of any religious ceremony – Service haj group organiser to the Haj pilgrims does not form that no part of the package offered by haj group organiser involves a service by way of conduct of any religious ceremony –

SUPREME COURT OF INDIA FULL BENCH ALL INDIA HAJ UMRAH TOUR ORGANIZER ASSOCIATION MUMBAI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Abhay…

Prevention of Money – Laundering Act, 2002 – Sections 5, 8(4), 15, 17 and 19 – Constitutional validity of Sections 5, 8(4), 15, 17 and 19 of the Prevention of Money – Laundering Act, 2002 is upheld – Directorate of Enforcement (ED) has powers to arrest, attachment, search and seizure – At the stage of issue of summons, the person cannot claim protection under Article 20(3) of the Constitution.

SUPREME COURT OF INDIA FULL BENCH VIJAY MADANLAL CHOUDHARY AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T.…

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