Latest Post

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)

Consumer Protection Act, 1986 – Section 14(1) – Sale of Goods Act, 1930 – Section 2(7) – Manufacturer defect – Failure to provide an airbag system which would meet the safety standards as perceived by a car­buyer of reasonable prudence, should be subject to punitive damages which can have deterrent effect.

SUPREME COURT OF INDIA DIVISION BENCH HYUNDAI MOTOR INDIA LIMITED — Appellant Vs. SHAILENDRA BHATNAGAR — Respondent ( Before : Vineet Saran and Aniruddha Bose, JJ. ) Civil Appeal No.…

Contempt Petition – Non-compliance of directions – Builder is guilty of delaying the construction by not taking suitable steps in complete disobedience of the orders passed by this Court based on its undertaking – Contempt Petition is closed with liberty to the tenants/occupants to approach this Court in case of non-compliance of the directions.

SUPREME COURT OF INDIA DIVISION BENCH JAGDISH MAVJI TANK (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. HARRESH NAVNITRAI MEHTA AND OTHERS — Respondent ( Before : L. Nageswara Rao…

Only 10% of the cadre strength of District Judges be filled up by Limited Departmental Competitive Examination with those candidates who have qualified service of 7 years [(5 years as Civil Judge (Junior Division) and 2 years as Civil Judge (Senior Division) or 10 years qualifying service as Civil Judge(Junior Division).

SUPREME COURT OF INDIA FULL BENCH ALL INDIA JUDGES ASSOCIATION AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai…

Territorial jurisdiction – Preliminary issue – When the issue touches the question of territorial jurisdiction, as far as possible the same shall have to be decided first as preliminary issue – Labour Court did not commit any error in deciding the issue with respect to the territorial jurisdiction as a preliminary issue in the first instance.

SUPREME COURT OF INDIA DIVISION BENCH V.G. JAGDISHAN — Appellant Vs. M/S. INDOFOS INDUSTRIES LIMITED — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

There is no application of mind at all by the High Court on merits of the order passed by the Tribunal – It can be seen that the High Court has failed to exercise its jurisdiction vested in it while exercising the powers under Article 226/227 of the Constitution of India – Matter remand to High Court for deciding the writ petition afresh in accordance with law.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND AND ANOTHER — Appellant Vs. MAYAN PAL SINGH VERMA — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ.…

You missed