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)

Maharashtra Cooperative Societies Act, 1960 – Sections 22, 91 and 97 – Allotment of plot -Allotment of Plot No.2 in favour of the Appellant was illegal and that the Resolution passed by the Society in its meeting dated 25.03.1990 and the sale deed executed by the Society on 25.04.1989 were required to be quashed, are absolutely correct and fully justified – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH  SHIVKISHAN — Appellant Vs. SUJATA TARACHAND MAKHIJA AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Civil Appeal…

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) – Sections 8, 15, 42 and 52 – Non-production of contraband – Appeal against acquittal – If the seizure of the material is proved on record and is not even doubted or disputed the entire contraband material need not be placed before this Court.

SUPREME COURT OF INDIA DIVISION BENCH  STATE OF RAJASTHAN — Appellant Vs. SAHI RAM — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Criminal Appeal No.…

Customs Act, 1962 – Sections 18 and 130E – Customs Tariff Act, 1975 – Section 16 – Customs Valuation (Determination of Price of Imported Goods) Rule, 1988 – Rules 9 and 9(1)(b) – Import activity – The value of the software and the concerned services were therefore rightly included and taken as part of the importation. Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH  INDUSIND MEDIA AND COMMUNICATIONS LTD — Appellant Vs. COMMISSIONER OF CUSTOMS, NEW DELHI — Respondent ( Before : Uday Umesh Lalit and Vineet Saran,…

Penal Code, 1860 (IPC) – Sections 302, 323 and 324 – Murder – Appeal against conviction and sentence – accused should have known that hitting the deceased on the head with a sickle with great force causing fracture of the skull, is dangerous & would have imminently caused death. Appeal dismissed

SUPREME COURT OF INDIA DIVISION BENCH  GURU @ GURUBARAN AND OTHERS — Appellant Vs. STATE REP. BY INSP. OF POLICE — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…

Consumer Protection Act, 1986 – Section 2(1)(d), 2(1)(e), 2(1)(f), 2(1)(g) and 2(1)(o) – Validity of imposition of “composition fee” and “extension fee” – This Court hold that the determination of the dispute concerning the validity of the imposition of a statutory due arising out of a “deficiency in service”, can be undertaken by the consumer fora as per the provisions of the Act – HUDA vs. Sunita, (2005) 2 SCC 479, overruled.

SUPREME COURT OF INDIA FULL BENCH  PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY (NOW GLADA) — Appellant Vs. VIDYA CHETAL AND RAM SINGH — Respondent ( Before : N.V. Ramana, Mohan…

You missed