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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)

“The owner is liable to pay charges after the goods have been taken charge by port and receipt issued to vessel owner. when the Port Trust takes charge of the good ” The point of time at which title to the goods passes to the consignee is not relevant to determine the liability of the consignee or steamer agent in respect of charges of the Port Trust” ” it would be the duty of the Port Trust to destuff every container that is entrusted to it, and return destuffed containers to any such person within as short a period as is feasible in cases where the owner/person entitled to the goods does not come forward to take delivery of the goods and destuff such containers. 

  SUPREME COURT OF INDIA FULL BENCH THE CHAIRMAN, BOARD OF TRUSTEES, COCHIN PORT TRUST — Appellant Vs. M/S AREBEE STAR MARITIME AGENCIES PVT. LTD. AND OTHERS — Respondent (…

Service Matters

No Advantage To Candidate When The Very Selection Is Illegal HELD”In our view, considering the fact that the very selection and appointments were found to be illegal and invalid, no other advantage can be conferred upon the concerned candidates”, 8,882 ad-hoc teachers terminated.

The Supreme Court has affirmed the termination of 8,882 ad-hoc teachers in Tripura. The bench comprising Justices UU Lalit and Vineet Saran observed that, as their very selection and appointments were found…

Senior Citizens Living Alone Amidst COVID-19 – HELD the elderly people should be given priority in the admission in the Government hospital looking to their vulnerability for Covid 19. In event of any complaint made by the elderly people, the hospital administration concerned shall take immediate steps to remedy their grievances.

Senior Citizens Living Alone Amidst COVID-19 – HELD the elderly people should be given priority in the admission in the Government hospital looking to their vulnerability for Covid 19. In…

HELD A hospital which renders free services to a certain category of patients, while providing services which are charged to the bulk of others would not lie outside the purview of the consumer fora. Indian Medical Association v V P Shantha 1995 SCC (6) 651 followed. SCOI left open the issue as to whether Safdarjung Hospital would be governed by the provisions of the Act as contained in Section 2(1)(o) (Service).

The Supreme Court has observed that it is only where a hospital provides medical services free of charge across the board to all patients that it would stand outside the…

Motor Accident Compensation] For Age Group 15-25, Multiplier To Be Applied Is ’18’HELD multiplier applied was 13 while as per the judgment in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr.- (2009) 6 SCC 121, it should have been 18.(b) The interest granted is of 6% which generally the interest being granted is of 9%”

Motor Accident Compensation] For Age Group 15-25, Multiplier To Be Applied Is ’18’, Reiterates SC   IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2831 of 2020…

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