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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)
Service Matters

Burden of proof in the departmental proceedings is not of beyond reasonable doubt as is the principle in the criminal trial but probabilities of the misconduct – Allegations in the chargesheet that the writ petitioner has fired from the official weapon is a reliable finding returned by the Departmental Authorities on the basis of evidence placed before them. It is not a case of no evidence, which alone would warrant interference by the High Court in exercise of power of judicial review. HELD the order of punishment of dismissal passed as affirmed in appeal and revision stands restored – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH  UNION OF INDIA AND OTHERS — Appellant Vs. DALBIR SINGH — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ ) Civil Appeal…

Service Matters

Change of date of birth in service record – Application for change of date of birth can only be as per the relevant provisions/regulations applicable – Even if there is cogent evidence, the same cannot be claimed as a matter of right – Application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service

SUPREME COURT OF INDIA DIVISION BENCH  KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED — Appellant Vs. T.P. NATARAJA AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…

Land Acquisition Act, 1894 – Sections 4 and 18 – Land Acquisition – Compensation Determination of – HELD the compensation to be awarded is (137.76/2= 69 rounded off to Rs.70 per square feet) which was the market value assessed by the Reference Court as well – Reference Court is justified in law whereas the High Court has reduced the compensation drastically without any reasonable basis – Appellant is entitled to a compensation at the rate of Rs.70/- per square feet from the date of award by the Land Acquisition Collector.

SUPREME COURT OF INDIA DIVISION BENCH SHANKARRAO BHAGWANTRAO PATIL ETC. — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Industrial Disputes Act, 1947 – Section 25F – Direction for reinstatement HELD when it comes to the case of termination of a daily-wage worker and where the termination is found illegal because of a procedural defect, namely, in violation of Section 25-F of the Industrial Disputes Act, this Court is consistent in taking the view that in such cases reinstatement with back wages is not automatic and instead the workman should be given monetary compensation which will meet the ends of justice. Rationale for shifting in this direction is obvious.

SUPREME COURT OF INDIA DIVISION BENCH RAM MANOHAR LOHIA JOINT HOSPITAL AND OTHERS — Appellant Vs. MUNNA PRASAD SAINI AND ANOTHER — Respondent ( Before : R. Subhash Reddy and…

Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 – Section 3(2) – Possession – HELD land was lying vacant with a compound wall and that therefore, the claim of the land owner to be in possession must be correct. There can hardly be any such presumption – Existence of the compound wall enclosing even the land that had already been sold by the land owner to the Trust, is admitted by the land owner herself in her letter – High Court committed a grave error in granting the benefit of Section 3(2) of the Repeal Act to the respondents. Cases Referred

SUPREME COURT OF INDIA DIVISION BENCH  STATE OF TAMIL NADU AND OTHERS — Appellant Vs. M.S. VISWANATHAN AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…

Service Matters

Reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law – It is a fit case for modification of the relief granted by the High Court – It appropriate that ends of justice would be met by awarding lump sum monetary compensation and direct payment of lump sum compensation of Rs.15 lakhs to the respondent – Appeal partly allowed.

SUPREME COURT OF INDIA DIVISION BENCH ALLAHABAD BANK AND OTHERS — Appellant Vs. KRISHAN PAL SINGH — Respondent ( Before : R. Subhash Reddy and Sanjiv Khanna, JJ. ) Civil…

Arbitration Act, 1940 – Section 28 – Arbitration proceedings – Extension of time for making the award – Once the Sole Arbitrator continued with the arbitration proceedings and passed the award within the extended period of time, it cannot be said that he has misconducted himself as he continued with the arbitration proceedings.

SUPREME COURT OF INDIA DIVISION BENCH  M/S LAXMI CONTINENTAL CONSTRUCTION CO. — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ.…

Land Acquisition – Determination of market value – When the different items of property in the different survey number were acquired for the same purpose of establishing the market yard and as observed by the High Court since all the lands had the road passing beside it, a common determination of the market value was the appropriate course – Observation of High Court is justified – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH  MANMOHAN LAL GUPTA (DEAD) THRU LRS. — Appellant Vs. MARKET COMMITTEE BHIKHI AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna,…

(CrPC) – S 357 – (IPC) – S 326 – Voluntarily causing grievous hurt by dangerous weapons – Assault with the sword and chopping of right leg and right forearm below the elbow and the brutality is apparent on the face of record – Compromise HELD the leg and arm of the victim are amputated in the alleged incident dated 13th December, 1993 and since then he has been fighting for life and is pursuing his daily chores with a prosthetic arm and leg and has lost his vital organs of his body and became permanently disabled and such act of the appellant is unpardonable – This Court not inclined to give any benefit of the alleged compromise for interfering in the sentence awarded by the High Court in the impugned judgment which at least does not call for interference of this Court.

SUPREME COURT OF INDIA DIVISION BENCH  BHAGWAN NARAYAN GAIKWAD — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Judicial Review – Tender jurisdiction – Purpose is to check whether the choice of decision is made lawfully and not to check whether the choice of decision is sound. In evaluating tenders and awarding contracts, the parties are to be governed by principles of commercial prudence – To that extent, principles of equity and natural justice have to stay at a distance.

SUPREME COURT OF INDIA DIVISION BENCH  UFLEX LIMITED — Appellant Vs. GOVERNMENT OF TAMIL NADU AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. )…

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