Madhya Pradesh High Court
Maybe A 'Demigod In Rural Society' But 'Not A God,' MP High Court Orders FIR Against Patwari For Creating Bogus Report To Prove Title
In a dispute pertaining to the mutation of land in favor of certain persons, the Madhya Pradesh High Court has initiated action against a Patwari in Satna District for furnishing an allegedly bogus report to enable the sons of former Chief Minister Govind Narayan Singh to establish title over a piece of land in Rampur Baghellan village. The single-judge bench of Justice Vivek Agarwal...
[Contract Recruitment Scam] Entire Appointment Process Of Teachers Fraudulent, No Opportunity Of Hearing Needed Before Registering FIR: MP High Court
In reference to the Samvida Shala Shikshak Grade-III Recruitment Scam in Rampur Naikin, the Madhya Pradesh High Court stated that it is clear from the records that the state authorities have carried out the appointment process by defying due procedure. The court also reprimanded the state government for not following the applicable provisions in Madhya Pradesh Panchayat Shiksha Karmi...
[Order 47 Rule 1 CPC] MP High Court Refuses To Exercise Review Powers Against Mutation From Sale Deed Which Used 'Aare' Instead Of 'Hectare'
Stating that there is no error apparent on the face of the record warranting interference, Madhya Pradesh High Court has refused to exercise review jurisdiction in a matter where 'Aare' was used instead of 'Hectare' while drafting the sale deed. The Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice Gajendra Singh held that none of the grounds available for review as set out...
'Living In Adultery' Means 'Continuous & Repeated' Acts of Adultery, Single Instance Won't Disentitle Wife To Maintenance: Madhya Pradesh High Court
Madhya Pradesh High Court has held that an isolated instance of adultery can't disentitle a wife to receive maintenance from her husband. To attract the rigors of Section 125(4) Cr.P.C, the wife should be 'living in adultery' through 'continuous and repeated acts of adultery,' the court made it clear.“… 'living in adultery' means only continuous and repeated acts of adultery…. The...
S. 9 Petition for Interim Relief in International Commercial Arbitration Not Classified as 'Arbitration Case', Must Be Filed as 'Miscellaneous Civil Case': Madhya Pradesh High Court
The Madhya Pradesh High Court division bench of Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra dismissed a petition seeking interim relief under Section 9 of the Arbitration and Conciliation Act, stating it should have been filed as a 'Miscellaneous Civil Case' rather than an 'Arbitration Case' based on Chapter 2 of the Arbitration and Conciliation (Conduct of...
Arbitration Under Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 Cannot Be Invoked Without Availing Pre-Arbitral Remedy Within Limitation: Madhya Pradesh High Court
The High Court of Madhya Pradesh, at Jabalpur, has held that the Arbitration under Section 7 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 cannot be invoked without first invoking the pre-arbitral in-house remedy provided under the agreement within the period of 30 days given under the Agreement. The bench of Justices Sheel Nagu and Vinay Saraf held that the...
Giving False Information About Educational Qualifications For Marriage Not Cheating; No Grounds For Divorce: Madhya Pradesh High Court
The Madhya Pradesh High Court, while dealing with proceedings arising out of a matrimonial dispute, held that concealing the true educational qualification and lying about it for the purpose of marriage does not constitute the offence of deceiving or cheating as contemplated in Sections 415 and 420 of IPC. The court also highlighted that none of the provisions of the Hindu Marriage Act...
Wife Leading A Modern Life That's Immoral In Eyes Of Husband Not Sufficient Ground To Deny Maintenance: Madhya Pradesh High Court
Recently, Madhya Pradesh High Court underscored that the wife leading a modern life that's immoral in her husband's eyes can not be a ground for denying maintenance when it's not shown that she has been living separately from her husband without sufficient cause. The single-judge bench of Justice Gurpal Singh Ahluwalia opined that as long as the wife is not committing any offense...
Husband Objecting To Wife Supporting Her Parents Financially Amounts To Cruelty: Madhya Pradesh High Court
The Madhya Pradesh High Court has observed that if the husband objects to his wife's act of financially supporting her parents, the same would amount to cruelty. A bench of Justice Rohit Arya and Justice Sanjeev S Kalgaonkar also added that making complaints to the employers of the wife as to how they had kept her at a job without his (husband's) permission, constitutes treating the...
Writ Not Maintainable When Efficacious Remedy Before The Arbitrator Is Available: Madhya Pradesh High Court
The High Court of Madhya Pradesh, Jabalpur bench has held that a writ would not be entertained when the petitioners fail to avail the efficacious contractual remedy before the Arbitrator. The bench of Justice Gurpal Singh Ahluwalia held that merely because the nominated arbitrator is the managing director of the respondent corporation, it cannot be assumed that it would not be able...
Denying Food To Married Woman Over Non-Fulfillment Of Dowry Demand Amounts To Physical & Mental Harassment: MP High Court
The Madhya Pradesh High Court has recently observed that not providing food to the married woman on account of non-fulfilment of the demand of dowry would amount to physical and mental harassment.A bench of Justice Gurpal Singh Ahluwalia added that compelling a married woman to live in her parental home on account of non fulfillment of demand of dowry would certainly amount to mental...
Woman Living As Wife For Long Time Entitled To Maintenance From Husband In Absence Of Proof That She Is Not 'Legally Wedded': MP High Court
Madhya Pradesh High Court has recently clarified that a woman will be entitled to maintenance when the parties are living as husband and wife for a long time, given that there is no specific finding that she is not the legally wedded wife.In the instant case, the single judge bench of Justice Gurpal Singh Ahluwalia concluded that the trial court was right in awarding maintenance to the...