Latest Post

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)

Civil Procedure Code, 1908 (CPC) – Order 1 Rule 10 and Order 12 Rule 10 – Transfer of Property Act, 1882 – Section 52- It is well settled law that mere non-mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the court.

SUPREME COURT OF INDIA DIVISION BENCH  PRUTHVIRAJSINH NODHUBHA JADEJA (D) BY LRS. — Appellant Vs. JAYESHKUMAR CHHAKADDAS SHAH AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…

Constitution of India, 1950 – Article 142 – Prevention of Food Adulteration Act, 1954 – Section 16(1)(a) – Food adulteration – Minimum sentence – This Court are clearly of the view that the power under Article 142 cannot be exercised against the specific provision of law. Section 16(1)(a) of the Act lays down a minimum sentence of six months.

SUPREME COURT OF INDIA DIVISION BENCH  RAJ KUMAR — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Criminal Appeal…

Commercial Courts Act, 2015 – Section 2(1)(c)(vii) – Civil Procedure Code, 1908 (CPC) – Order 7 Rule 10 – Return of plaint-A dispute relating to immovable property per se may not be a commercial dispute. But it becomes a commercial dispute, if it falls under sub-clause (vii) of Section 2(1)(c) of the Act viz. “the agreements relating to immovable property used exclusively in trade or commerce”. The words “used exclusively in trade or commerce” are to be interpreted purposefully. The word “used” denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”. It should be “actually used”. Such a wide interpretation would defeat the objects of the Act and the fast tracking procedure

SUPREME COURT OF INDIA DIVISION BENCH  AMBALAL SARABHAI ENTERPRISES LTD. — Appellant Vs. K.S. INFRASPACE LLP AND ANOTHER — Respondent ( Before : A.S. Bopanna and R. Banumathi, JJ. )…

Service Matters

Kerala Abkari Shops Disposal Rules, 2002 – Rules 4(2) and 9(10)(b) – Ban of arrack in State of Kerala – Right of Employment.- It cannot be said that a vested right accrued to all the abkari workers to claim employment in retail outlets in the Corporation. This Court not agree with the submission of the Respondents that a vested right was created by the Government Order dated 20.02.2002 and that it was indefeasible.

SUPREME COURT OF INDIA DIVISION BENCH  KERALA STATE BEVERAGES (M AND M) CORPORATION LIMITED — Appellant Vs. P.P. SURESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

Service Matters

Appellant cannot be denied payment of pension applicable to the rank of Lt. Colonel (TS) on the ground that he fell short of the reckonable service of 21 years – Appellant retired in the year 1991 and has been made to run from pillar to post to get his rightful pension – It appropriate that apart from his entitlement to the pension applicable to the post of Lt. Colonel (TS), he is also entitled to be compensated for the avoidable litigation to which he was unnecessarily dragged into – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH  IC 29547 L BOBBY JOSEPH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

Service Matters

Uttar Pradesh Secondary Education Services Commission Act, 1982. In view of the enquiry report dated 06.05.2009 and the endorsement of the Management in their letters, it is clear that Respondent No.5 had actually worked during 1985 to 1995 and he was eligible for being considered for regularization of his service as LT Grade Teacher. The order of regularization was rightly upheld by the Division Bench – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH  C/M KISAN INTER COLLEGE MANAGER — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

V IMP : Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably. HELD:” in exercise of powers under Article 142 of the Constitution of India the marriage cannot be dissolved on the ground of irretrievable breakdown of marriage is concerned, the aforesaid has no substance: SC

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC HELD: ” in   exercise   of   powers   under   Article…

You missed