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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)

Furlough – Multiple Murders – Death sentence reduced to life imprisonment by the Hon’ble President of India – If the person is not to get any remission and has to remain in prison for whole of the reminder of his natural life, that does not, as a corollary, means that his right to seek furlough is foreclosed

SUPREME COURT OF INDIA DIVISION BENCH ATBIR — Appellant Vs. STATE OF NCT OF DELHI — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Criminal Appeal No.…

Service Matters

Two reserved category candidates having more marks than the general category candidates appointed, were entitled to the appointment in the general category and the seats reserved for OBC category were required to be filled in from and amongst the remaining candidates belonging to the OBC category

SUPREME COURT OF INDIA DIVISION BENCH BHARAT SANCHAR NIGAM LIMITED AND ANOTHER — Appellant Vs. SANDEEP CHOUDHARY AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Arbitration and Conciliation Act, 1996 – Sections 7, 8 and 16 – Group of companies doctrine – An arbitration agreement which has been entered into by a company within a group of companies, can bind its non-signatory affiliates or sister concerns if the circumstances demonstrate a mutual intention of the parties to bind both the signatory and affiliated, non-signatory parties.

SUPREME COURT OF INDIA FULL BENCH OIL AND NATURAL GAS CORPORATION LIMITED — Appellant Vs. M/S DISCOVERY ENTERPRISES PRTIVATE LIMITED AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y.…

Service Matters

LIC recruitment – Regularization – All persons who are found to be eligible on the above norm shall be entitled to compensation computed at the rate of Rs 50,000 for every year of service or part thereof – Payment of compensation at the above rate shall be in lieu of reinstatement, and in full and final settlement of all claims and demands of the workers in lieu of regularisation or absorption.

SUPREME COURT OF INDIA FULL BENCH RANBIR SINGH — Appellant Vs. SK ROY, CHAIRMAN, LIFE INSURANCE CORP. OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud,…

Insolvency and Bankruptcy Code, 2016 – Sections 7 and 12A – Real estate project – the Promoter has filed a specific undertaking specifying therein that the cost of the flat would not be escalated and that he would honour the BBA signed by the previous management – Promoter is permitted to complete the project as per the deliberations.

SUPREME COURT OF INDIA DIVISION BENCH ANAND MURTI — Appellant Vs. SONI INFRATECH PRIVATE LIMITED AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. )…

Gujarat Stamp Act, 1958 – Section 9(a), Articles 20(a) and 45(f) – Once a single instrument has been charged under a correct charging provision of the Statute, namely Article 20(a), the Revenue cannot split the instrument into two, because of the reduction in the stamp duty facilitated by a notification of the Government issued under Section 9(a)

SUPREME COURT OF INDIA DIVISION BENCH ASSET RECONSTRUCTION CO. (INDIA) LIMITED — Appellant Vs. CHIEF CONTROLLING REVENUE AUTHORITY — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. )…

Constitution of India, 1950 – Article 300-A – Construction/widening of road no doubt would be a public purpose but there being no justification for not paying compensation the action of the respondents would be arbitrary, unreasonable and clearly violative of Article 300-A of the Constitution.

SUPREME COURT OF INDIA DIVISION BENCH KALYANI (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. THE SULTHAN BATHERY MUNICIPALITY AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Vikram…

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