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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)

ACQUITTAL :: Murder- -Culpable Homicide-Right of Private Defence-Acquittal-Appellant being a forest ranger had every reason to believe that due to suspicious moment of deceased party in the forest, they were trying to smuggle the sandal wood from the forest—Deceased party was aggressor as they first pelted stones and damaged the appellant’s vehicle shouting “fire them”–

2019(2) Law Herald (SC) 1322 : 2019 LawHerald.Org 925 : (2019) AIR(SC) 1389 : (2019) 2 RCR(Criminal) 325 : (2019) 4 SCALE 490 IN THE SUPREME COURT OF INDIA Before…

Indian Penal Code, 1908, S.302, 304 Part-II and S.34–Murder–Common Intention–Conviction–Accused nos.l and 2 after first incident, in which there was altercation with the informant and deceased, returned back on motorcycle and came back after 10 minutes alongwith deadly weapon and stabbed the deceased-Common intention of the accused nos.l and 2 fully established by the circumstances and events unfolded in the prosecution story, duly corroborated by PWs. and weapon used

2019(2) Law Herald (SC) 1294 : 2019 LawHerald.Org 923 IN THE SUPREME COURT OF INDIA Before HonTile Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K. M. Joseph Criminal Appeal Nos.…

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