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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)

Murder—Delay in recording statement of eye witness—Even though they were available and police knew that they were alleged eye witnesses-Accused acquitted Murder—Non proving of blood group of recovered blood stains—It may assume importance where the accused pleads a defence or alleges mala fides or fabricating the evidence on the part of the prosecution, to wrongly implicate him

(2019) 10 SCALE 415 :  2019(3) Law Herald (SC) 2123 : 2019 LawHerald.Org 1337 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan…

Motor Vehicles Act, 1988 – Sections 112, 132(1)(c), 133, 134, 183, 184, 185, 186, 187, 188, 208, 208(3), 209 – Penal Code, 1860 (IPC) – Sections 5, 279, 304 Part II and 304A IPC -………….we set aside the directions issued by the Gauhati High Court to the States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh to issue appropriate instructions to their subordinate officers to prosecute offenders in motor vehicle accidents only under the provisions of the Motor Vehicles Act, 1988 and not the IPC.

SUPREME COURT OF INDIA DIVISION BENCH  THE STATE OF ARUNACHAL PRADESH — Appellant Vs. RAMCHANDRA RABIDAS @ RATAN RABIDAS AND ANOTHERS — Respondent ( Before : Indu Malhotra and Sanjiv…

Penal Code, 1860 (IPC) – Sections 498A, 306, 323 and 149 – Dowry Prohibition Act, 1961 – Sections 3 and 7 – Committed suicide – Reliance cannot be placed on the sole testimony of PW1, on the basis of which the Appellant was convicted under Sections 498A, 114 and 323 as there is no corroboration by PW4 who is alleged to have given the information to him. Other than the above allegation, the Appellant stands on the same footing as of Accused Nos. 3, 4 and 5 who have been acquitted by the High Court. As the accusation of the physical assault by the appellant on the deceased is not proved, he is entitled to be acquitted.

SUPREME COURT OF INDIA DIVISION BENCH  KANTILAL — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Criminal Appeal No.…

Service Matters

Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 – Regulation 4(3) – Constitution of India, 1950 – Article 14 – Motor Vehicles Act, 1988 – Section 166 and 140 – Compassionate appointment – As the Respondent has received the compensation under the Act, he is not entitled for compassionate appointment under the Regulations – The judgment of the High Court is set aside the Appeal is allowed.

SUPREME COURT OF INDIA DIVISION BENCH  RAJASTHAN STATE ROAD TRANSPORT CORPORATION — Appellant Vs. DANISH KHAN — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil…

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