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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)

Appointment of arbitrator – Appellant’s own default in sleeping over his right for 14 years will not constitute a case of ‘undue hardship’ justifying extension of time under Section 43(3) of the 1996 Act or show ‘sufficient cause’ for condonation of delay under Section 5 of the Limitation Act . Held High Court’s observation that the entire dispute seems concocted so as to pursue a monetary claim against the respondents approved.

SUPREME COURT OF INDIA FULL BENCH M/S GEO MILLER & CO. PVT. LTD. — Appellant Vs. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD. — Respondent ( Before : N.V. Ramana, Mohan…

In the instant case, none of the circumstances relied upon by the prosecution have been proved beyond reasonable doubt, and there is no question of a complete chain of circumstances being formed that would point towards the guilt of the accused. In Court’s considered opinion, the benefit of doubt should therefore be granted in their favour – The Courts below erred in convicting Accused Nos. 1 and 2 for the offences of the abduction and murder of the deceased – Appeal allowed.

SUPREME COURT OF INDIA FULL BENCH UMESH TUKARAM PADWAL AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay…

Unlawful assembly and rioting with deadly weapons – Common object – The important ingredients of an unlawful assembly are the number of persons forming it i.e., five; and their common object. Common object of the persons composing that assembly could be formed on the spur of the moment and does not require prior deliberations – Course of conduct adopted by the members of such assembly; their behaviour before, during, and after the incident; and the arms carried by them are a few basic and relevant factors to determine the common object.

SUPREME COURT OF INDIA DIVISION BENCH MANJIT SINGH — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Criminal Appeal No.…

High Court has erred in quashing and setting aside the acquisition proceedings on the ground that the same have lapsed as the award was not declared within a period of two years from the date of declaration under Section 6 of the Act – High Court has committed a grave error in not excluding the period of interim stay granted by it in writ petition – Even grant of interim stay of possession would also save lapsing of the acquisition – Appeal allowed.

SUPREME COURT OF INDIA FULL BENCH THE STATE OF MAHARASHTRA AND OTHERS — Appellant Vs. M/S MOTI RATAN ESTATE AND ANOTHER — Respondent ( Before : Arun Mishra, M.R. Shah…

Weights and Measures Act, 1976 – Sections 12 and 30 – Short delivery of petrol and diesel – Section 153 of the Indian Penal Code has been made inapplicable under the Act as power of search and seizure is vested with the designated authorities under the Act. Therefore, the entire Code is inapplicable in respect of the prosecution under the Act that the police cannot enter any place for the purpose.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH — Appellant Vs. AMAN MITTAL AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

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