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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)

Rajasthan Pre-Emption Act, 1966 – Section 9 – Loss of right of pre-emption on transfer – A right is available once – whether to take it or leave it to a person having a right of pre-emption – If such person finds it is not worth once, it is not an open right available for all times to come to that person

  SUPREME COURT OF INDIA DIVISION BENCH RAGHUNATH (D) BY LRS. — Appellant Vs. RADHA MOHAN (D) THR. LRS. AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and…

Suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches. HELD discretion of the Court whether some additional amount ought or ought not to be paid by the plaintiff once a decree of specific performance is passed in its favour, even at the appellate stage.

SUPREME COURT OF INDIA DIVISION BENCH FERRODOUS ESTATES (PVT.) LIMITED — Appellant Vs. P. GOPIRATHNAM (DEAD) AND OTHERS — Respondent ( Before : R.F. Nariman and Navin Sinha, JJ. )…

Postgraduate Medical/Dental Admissions – NRI quota – Non compulsory – Private colleges and institutions which offer such professional and technical courses, have some elbow room: they can decide whether, and to what extent, they wish to offer NRI or management quotas (the limits of which are again defined by either judicial precedents, enacted law or subordinate legislation)

SUPREME COURT OF INDIA DIVISION BENCH NILAY GUPTA — Appellant Vs. CHAIRMAN NEET PG MEDICAL AND DENTAL ADMISSION/COUNSELLING BOARD 2020 AND PRINCIPAL GOVT. DENTAL COLLEGE AND OTHERS — Respondent (…

To avoid any further controversy, it will be appropriate that the appropriate authority shall communicate to the Seth Group and the Mittal Group within a period of two weeks from today, to provide the documents/undertakings with respect to the lands falling to their respective shares and the Seth Group and Mittal Group shall provide the documents and/or undertakings required

SUPREME COURT OF INDIA DIVISION BENCH ASHISH SETH — Appellant Vs. SUMIT MITTAL AND OTHERS – ALLEGED CONTEMNORS ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Contempt Petition(C)…

(IPC) – Sections 148, 302 and 149 – Murder – If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony. In fact the history of bad blood gives a clear motive for the crime. Therefore this aspect does not in assessment, aid the defence in the present matter.

SUPREME COURT OF INDIA FULL BENCH KARULAL AND OTHERS — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, Surya Kant and Hrishikesh Roy, JJ.…

Sexual Offences – Confidentiality – In these matters utmost confidentiality is required to be maintained – High Court completely erred in appreciating the directions issued by Supreme Court in State of Karnataka by Nonavinakere Police vs. Shivanna alias Tarkari Shivanna, (2014) 8 SCC 913 – Appeal Allowed

SUPREME COURT OF INDIA FULL BENCH MISS’ A — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Uday Umesh Lalit, Vineet Saran and S. Ravindra…

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