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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)

Penal Code, 1860 (IPC) – Sections 302 and 149 – Criminal Procedure Code, 1973 (CrPC) – Section 161 – Murder -If the deposition of PW2 and PW3 are not reliable qua one of the accused on the grounds stated hereinabove and one of the accused came to be acquitted by giving benefit of doubt, the same benefit ought to have been given to the other accused also, unless there is some further material/evidence against the other accused.

SUPREME COURT OF INDIA DIVISION BENCH JODHRAJ AND ANOTHER — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. ) Criminal Appeal…

Service Matters

Service Law – Rate of wages – Contract Casual Labourers – Held, The contractor shall not be entitled to 471% ASOR basis with respect to supply of casual labourers as claimed by him – Therefore, it is specifically observed and held that the FCI shall be liable to pay the wages payable to the casual labourers under the subject contract according to the rates specified in the judgment and order dated 14.01.2010 passed by this Court in Civil Appeal Nos. 9472-9473/2003 and not on 471% ASOR basis

SUPREME COURT OF INDIA DIVISION BENCH FOOD CORPORATION OF INDIA — Appellant Vs. PRATAP KUNDU — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Civil Appeal No.…

Service Matters

The Juvenile Justice (Care and Protection of Children) Act, 2000 as well as The Juvenile Justice (Care and Protection of Children) Act, 2015 is that even if a juvenile is convicted, the same should be obliterated, so that there is no stigma with regard to any crime committed by such person as a juvenile.

There Is No Stigma With Regard To Any Crime Committed By A Juvenile, Says SC “Even if a juvenile is convicted, the same should be obliterated” The Supreme Court has…

Contents Of Memory Card Will Be ‘Document’ And Not ‘Material Object’ HELD “we hold that the contents of the memory card/pen drive being electronic record must be regarded as a document. If the prosecution is relying on the same, ordinarily, the accused must be given a cloned copy thereof to enable him/her to present an effective defence during the trial.

Contents Of Memory Card Will Be ‘Document’ And Not ‘Material Object’ : SC [Read Judgment] The contents of a memory card in relation to a crime amount to a ‘document’…

Service Matters

Order Convening General Court Martial Can Be Challenged Before AFT, Holds SC HELD Any matter relating to the conditions of service falls within the definition of ‘service matters’ under Section 3 (o) of the Act and can be the subject matter of an application filed before the Tribunal. Therefore, conditions of service also include dismissal from service.

Order Convening General Court Martial Can Be Challenged Before AFT, Holds SC BY: ASHOK KINI 28 Nov 2019 11:09 AM The Supreme Court has held that an order convening a…

Civil Procedure Code, 1908 (CPC) – Order 41 Rule 5 – Section 96 and Order 41 – Determination – Recovery of loss – A chart showing the original price as against the resale price, thereby projecting the net loss suffered by the appellant, the correctness of the same cannot be adjudicated in a proceeding of the present nature arising out of a writ proceeding – The matter being contractual and also requiring factual determination

SUPREME COURT OF INDIA FULL BENCH ODISHA FOREST DEVELOPMENT CORPORATION — Appellant Vs. M/S ANUPAM TRADERS AND ANOTHER — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy,…

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