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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)

Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993 – Section 3 read with Section 4 – Civil Procedure Code, 1908 (CPC) – Order 7 Rule 6 – Claim for interest – Exemption – Proviso of Order VII Rule 6, which has been added by Act 104 of 1976, which provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint

SUPREME COURT OF INDIA FULL BENCH M/S SHANTI CONDUCTORS (P) LTD. — Appellant Vs. ASSAM STATE ELECTRICITY BOARD AND OTHERS — Respondent ( Before : Ashok Bhushan, S. Abdul Nazeer…

Service Matters

Constitution of India, 1950 – Article 14 – Claim for Selection Grade and Special Grade scales of pay – It is a settled legal proposition that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases – The said provision does not envisage negative equality but has only a positive aspect

SUPREME COURT OF INDIA DIVISION BENCH P. SINGARAVELAN AND OTHERS — Appellant Vs. THE DISTRICT COLLECTOR, TIRUPPUR AND DT AND OTHERS — Respondent ( Before : Mohan M. Shantanagoudar and…

Puducherry Excise Act, 1970 – Section 10 – Puducherry Excise Rules, 1970 – Rule 122 and 209 – Shifting of shops – Expression ‘from one place to another’ is not restrictive, and does not curtail the power of the Licensing Authority to grant permission for shifting the licensed shop from one region to another in the Union Territory of Puducherry so long as the conditions stipulated by the Excise Act and Excise Rules, as also the conditions for grant of a license are complied with

SUPREME COURT OF INDIA DIVISION BENCH M/S CEE CEE & CEE CEE’S — Appellant Vs. K. DEVAMANI AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra,…

Penal Code, 1860 (IPC) – Sections 166, 165, 420, 468 and 471 – Prevention of Corruption Act, 1947 – Sections 5(1)(d) and 5(2) – Cheating – Appeal against conviction and sentence – Appellant knowing fully well that the invoices/bills were fake and fabricated, were presented on behalf of the firm to the bank and thus cheated the bank – Crime test requires to evaluate and provide adequate deference to factors such as role of the accused and his position within the rank of conspirators, among other things

SUPREME COURT OF INDIA FULL BENCH MAYANK N SHAH — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : N.V. Ramana, R. Subhash Reddy and B.R. Gavai,…

SC Sets Aside Death Sentence In A 13 Day Trial, Says ‘Fast Tracking Must Not Result In Burial Of Justice’ – HELD expeditious disposal of criminal cases must never result in burying the cause of justice. The bench comprising Justice Uday Umesh Lalit, Justice Indu Malhotra and Justice Krishna Murari set aside a death penalty awarded to a rape and murder accused in a trial that finished within thirteen days.

SUPREME COURT OF INDIA FULL BENCH ANOKHI LAL — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Krishna Murari, JJ. )…

Penal Code, 1860 (IPC) – Sections 302, 307, 147, 148, 149 and 452 – Murder – Unlawful assembly – Common object – Appeal against acquittal – Medical evidence and ocular evidence – It is trite law that minor variations between medical evidence and ocular evidence do not take away the primacy of the latter.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH — Appellant Vs. RAVINDRA @ BABLOO AND OTHERS — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. )…

Nirbhaya gang rape and murder case – IPC – Sections 376(2)(g), 120-B, 377, 365, 366, 395, 397, 302, 307, 412 – Unnatural sex and inserted iron rod in the private parts of the prosecutrixHELD Review Petition – In the judgment dated 05.05.2017, this Court held that the case is falling within “the rarest of rare cases”

SUPREME COURT OF INDIA FULL BENCH AKSHAY KUMAR SINGH — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : R. Banumathi, Ashok Bhushan and A. S. Bopanna, JJ.…

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 379 – Uttar Pradesh Minor Mineral (Concession) Rules, 1963 – Rules 3, 57 and 7 – Mines and Minerals (Development and Regulation) Act, 1957 – Sections 4 and 21 – Prevention of Damage to Public Property Act, 1984 – Sections 3 and 4 – Theft of mining sand – Quashing of complaint – Mere violation of Section 4 which is an offence cognizable only under Section 21 of the Mines Regulation Act and not under any other law – There is no bar on the Court from taking cognizance of the offence under Section 379 of the IPC

SUPREME COURT OF INDIA DIVISION BENCH KANWAR PAL SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna,…

Criminal Procedure Code, 1973 (CrPC) – Sections 154 and 164 – Registration of FIR – Recording of confessions and statements – Section 154 of the Cr.P.C. provides about the information in cognizable cases and in effect registration of First Information Reports. The first Proviso to the sub-Section (1) of Section 154 inserted by the Amendment Act of 2013 and subsequently amended by the Amendment Act of 2018, provides for registration of First Information Report in cases of rape and sexual offences by a woman police officer or any woman officer

SUPREME COURT OF INDIA FULL BENCH IN RE : ASSESSMENT OF THE CRIMINAL JUSTICE SYSTEM IN RESPONSE TO SEXUAL OFFENCES ( Before : S.A. Bobde, CJI, B.R. Gavai and Surya…

Arbitration and Conciliation Act, 1996 – Sections 34 and 34(4) – Arbitral award – Legislative intention of providing Section 34(4) in the Arbitration Act was to make the award enforceable, after giving an opportunity to the Tribunal to undo the curable defects HELD that ordinarily unintelligible awards are to be set aside, while the challenge on inadequacy of reasons, has to be adjudicated based on the degree of particularity of reasoning required having regard to the nature of issues falling for consideration.

  SUPREME COURT OF INDIA FULL BENCH M/S. DYNA TECHNOLOGIES PVT. LTD. — Appellant Vs. M/S. CROMPTON GREAVES LTD. — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and…

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