Madhya Pradesh High Court Monthly Digest: December 2024

Judgements/Final Orders:

Benefit Should Be Given To Candidate And Not Employer, If Advertisement Stipulates Vague Qualification Criteria: Madhya Pradesh High Court

Case Title: Birendra Singh Yadav Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 310

The Madhya Pradesh High Court has held that if an advertisement gives vague and ambiguous meaning with a possibility of varying interpretations about the qualification criteria of a post, the benefit should always be given to the candidate and not the employer.

Can't Allow Conversion Of Appeal Into Election Petition Through Amendment If Compliance With Panchayat Rules Not Established: MP High Court

Case Title: Smt. Chanchal Gupta Versus Smt. Rakhi Dhali

Citation: 2024 LiveLaw (MP) 311

The Madhya Pradesh High Court in a recent ruling held that an appeal cannot be converted into an election petition by way of an application for amendment, if compliance with provisions under M.P. Panchayat (Election Petitions Corrupt Practices & Disqualification For Membership) Rules, 1995 is not established.

In doing so, the court said that an election can only be challenged in an election petition and election petition can be filed in accordance with Rules, 1995.

Jumping To Conclusions About Age Of 'Juvenile' Sans Inquiry Contemplated U/S 94 Of JJ Act Not Valid: MP High Court

Case Title: Child In Conflict With Law v/s Vinod Kumar Jain & Anr.

Citation: 2024 LiveLaw (MP) 312

The Gwalior bench of the Madhya Pradesh High Court in a recent ruling has reiterated that while deciding the age of a child in conflict with law, a comprehensive inquiry as stipulated under Section 94 of the Juvenile Justice (Care & Protection) Act, 2015 must be done.

In doing so the court also underscored that a "hyper technical approach" should not be adopted while considering the evidence adduced in support of the contention that the individual is a juvenile.

Madhya Pradesh High Court Accepts Man's Unconditional Apology In Contempt Case, Directs Him To Plant 50 Trees Of Indigenous Species

Case Title: In Reference Versus Shri Rahul Sahu

Citation: 2024 LiveLaw (MP) 313

While closing contempt proceedings initiated against a man after he expressed his remorse and submitted an "unconditional apology", the Jabalpur bench of the Madhya Pradesh High Court on Monday (December 2) directed him to plant 50 trees of indigenous species in Sambalgarh.

A division bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf in its order took note of the man's contention in his affidavit that he is a semi-literate person and has studied only upto Class 10th.

Certificate Issued By Private University Based On Off-Campus Course Run By Its Franchisee Not Legally Valid: Madhya Pradesh High Court

Case Title: Vinay Yadav And Others Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 314

The Madhya Pradesh High Court while dismissing a petition relating to recruitment for post of accountant held that any certificate issued by a private university on the basis of an off-campus course run by its franchisee cannot be said to be legally valid.

Undue Sympathy For Husband In Granting Maintenance Neither In Interest Of Wife & Children Nor In Interest Of Justice: MP High Court

Case title: Rekha Ahirwar And Others Vs. Nirmal Chandra

Citation: 2024 LiveLaw (MP) 315

The Madhya Pradesh High Court has observed that while granting maintenance, undue sympathy with the husband for no good reason is neither in the interest of the wife and children who are living a deserted life nor in the interest of justice.

A bench of Justice Gurpal Singh Ahluwalia observed thus while enhancing the interim maintenance amount granted by a Gwalior Family Court to a wife and child. The Single Judge enhanced the maintenance for the wife from Rs. 2,000 per month to Rs. 10,000; for the child, it was raised from Rs. 1,000 per month to Rs. 5,000.

Evolution Of Social Audit Is Need Of The Hour: Madhya Pradesh HC Suggests 1-Hour Community Service To Counsel While Restoring A Plea

Case Title: Dinesh Batham Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 316

The Gwalior bench of the Madhya Pradesh High Court while restoring an appeal which had been earlier dismissed for non-compliance of a conditional order suggested the counsel for the applicant to invest one hour of community service by visiting a Mercy Home and spending some time with differently-abled children.

The court suggested this act so as to raise awareness about the concept of 'social audit' and to know about the plight of the inmates at different Mercy Homes/NGOs and create sense of well-being amongst them. As the court said that the suggestion is not punitive in nature, the same was readily accepted by counsel for the applicant and he undertook that the applicant and the counsel would not only visit the mercy home but also would carry food items with them and spend one hour there.

Grills On Bus Windows, Ban On Employing Drivers With Speeding Challan: MP High Court Issues Guidelines For Safe Travel Of School Children

Case Title: Pramod Kumar Versus Govt. Of India And Others

Citation: 2024 LiveLaw (MP) 317

The Indore Bench of Madhya Pradesh High Court while deciding a batch of public interest litigation pleas issued comprehensive guidelines to be followed for safety and and protection of children traveling in school buses until the State Government amends the Madhya Pradesh Motor Vehicles Rules, 1994.

The guidelines includes that school buses will be painted in yellow, will have grills on windows, will have first aid kits and that none of these buses will be more than 12 years old. It also states that institutions shall not employ drivers who has been challaned "even once" for over speeding, drunken driving and dangerous driving.

Recovery From Class III Employee Post-Retirement Illegal Without Misrepresentation Or Fraud: MP HC

Case Title: Hari Shankar Soni v. The State of Madhya Pradesh and Others

Citation: 2024 LiveLaw (MP) 318

A single judge bench of Justice Anil Verma set aside a recovery order against a retired Class III employee, Hari Shankar Soni. It held that recoveries of excess payments made to Class III and IV employees after retirement are impermissible, unless there is misrepresentation or fraud. It also held that any specific undertaking allowing such recovery must have been in force when the payments prompting recovery were made. It confirmed that such undertakings cannot be applied retrospectively.

Erroneous Methodology Used To Prepare State List: Madhya Pradesh HC Directs Issuance Of Fresh List For NEET-PG 2024 In-Service Candidates

Case title: Dr. Abhishek Shukla And Others Versus State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 319

Allowing a plea against the normalisation process used in the NEET-PG 2024 exam for preparing state ranking of in-service candidates, the Jabalpur bench of the Madhya Pradesh High Court on Monday (December 9) quashed the state merit list directing the National Board of Examinations in Medical Sciences (NBEMS) to prepare it afresh by giving incentivised marks to the candidates based on their normalised scores.

In doing so the court found that the method used by the body did not show the substantive merit of the candidate but their comparative merit, and questioned how a candidate who was higher in the All India Rank scored lower in the State list which it said defied logic.

Pension Rules Prevailing When Voluntary Retirement Is Sought Apply To Govt Officer, Not Rules As On Expiry Of Notice Period: MP High Court

Case Title: Dr. Yogesh Shah Versus Principal Secretary State Of M.P. And 4 Ors. And Others

Citation: 2024 LiveLaw (MP) 320

The Indore bench of the Madhya Pradesh High Court recently held that in cases of voluntary retirement, the Pension Rules as on the date of application of voluntary retirement shall be applicable and not the Rules prevailing on the date of expiration of the notice period of the government servant.

Executing Court Cannot Go Behind Award To Modify Or Declare It Void: Madhya Pradesh High Court

Case Title: Akme Fintrade (India) Ltd. Versus Seema Jain And Others

Citation: 2024 LiveLaw (MP) 321

The Madhya Pradesh High Court bench of Justices Vivek Rusia and Binod Kumar Dwivedi has held that executing court cannot go behind the award or decree to modify or declare it void.

Interest Cannot Be Awarded By Arbitrator When Awarding Of Interest Is Prohibited In Contract: Madhya Pradesh High Court

Case Title: M.P. Audyuogik Kendra Vikas Nigam Ltd And Others Versus Mr. Ashok Kumar Jain

Citation: 2024 LiveLaw (MP) 322

The Madhya Pradesh High Court bench of Justices Sanjeev Sachdeva and Vinay Saraf has held that the tribunal has no discretion to award payment of interest when there is clear prohibition in the contract that the interest cannot be given.

Lodging FIR After Advocate Is Threatened Upon Appearing For Client Is Not Misuse Of Advocacy: Madhya Pradesh HC

Case Title: Neetesh Sharma Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 323

While dismissing a man's plea for quashing an FIR after he was accused of threatening his advocate, the Gwalior bench of Madhya Pradesh High Court said that advocates do not have any personal interest in their client's case, and so threatening them because they accepted the accused's case amounts to interference in their professional life.

Hence, registering an FIR for being threatened for representing a client in court cannot be said to be a misuse of advocacy, the court underscored.

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court

Case title – XXX vs YYY

Citation: 2024 LiveLaw (MP) 324

The Madhya Pradesh High Court has observed that long separation, absence of cohabitation, the complete breakdown of all meaningful bonds and the existing bitterness between the spouses must be read as 'cruelty' under Section 13(1)(a) of the 1955 Act.

With this, the Court allowed an appeal filed by the Husband challenging a family court order whereby his application filed under Section 13 of the Hindu Marriage Act seeking a decree of divorce on the ground of ''cruelty suppressing fact of unsound mind of respondent and desertion'' had been rejected.

'Don't Choke The Court, Let It Breathe': Madhya Pradesh High Court In Writ Petition Filed Without Availing Alternative Remedy

Case Title: M/S Mahavir Infracon v. The State Of Madhya Pradesh

Citation: 2024 LiveLaw (MP) 325

While hearing a writ petition moved in a commercial dispute where the parties had entered into an agreement having an arbitration clause, the Jabalpur bench of the Madhya Pradesh High Court on Wednesday (December 11) said that court's do not interfere in matters where alternative remedies are available.

As the counsel for the petitioner said at least a show cause notice should have been issued to him by the respondent before his earnest money was forfeited, Justice Vishal Dhagat while hearing the matter orally said, “Don't choke the High Court, let it breathe.”

Husband, In-Laws 'Falsely Implicated' By Wife In View Of Matrimonial Dispute Between Parties: Madhya Pradesh HC Quashes Rape, Dowry FIR

Case Title: Aman & Others Versus The State Of Madhya Pradesh & Others

Citation: 2024 LiveLaw (MP) 326

While quashing a rape and dowry FIR against a husband and his kin, the Indore Bench of the Madhya Pradesh High Court said that the petitioner and his family members were "falsely implicated", adding that the lodging of the FIR at the wife's instance appeared to be an act of "wreaking vengeance".

The court said this after noting that there existed a pending civil suit filed by the petitioner husband against the complainant wife and another individual seeking a permanent injunction. In thus observed that FIR lodged at the wife's instance appeared have to be filed only to counter the civil suit which existed between the parties.

Employer Has Right To Lead Evidence Even After Faulty Domestic Enquiry: MP HC

Case Title: M.P. Rashtriya Manganese Mazdoor Sangh v. Manganese Ore (India) Ltd.

Citation: 2024 LiveLaw (MP) 327

A single bench of Justice Vivek Jain dismissed a petition filed by a workers' union against an award of Central Government Industrial Tribunal (CGIT). The award was passed in favour of a dismissed worker. He was dismissed on account of unauthorized absence and the CGIT had upheld his dismissal. The Court held that an employer can lead evidence before a tribunal to make his case even if the original domestic enquiry is held invalid. It clarified that the labour court must decide upon the industrial dispute and not merely the validity of a specific dismissal/termination.

Filing Of Affidavits Or Self-Serving Documents Insufficient To Prove Employer-Employee Relationship: MP HC

Case Title: Ashok Singh Tomar v. The Forest Rang Officer and Others

Citation: 2024 LiveLaw (MP) 328

A single judge bench of Justice Milind Ramesh Phadke dismissed a petition filed by Ashok Singh Tomar. Tomar challenged the Labour Court's order that dismissed his claim for reinstatement and back wages after he was terminated. The High Court ruled that Tomar provided insufficient evidence to establish an employer-employee relationship. It noted that just an affidavit or self-serving documents by the party would not suffice to establish such relationship.

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor

Case Title: X v/s The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 329

In a plea concerning termination of over 20-week pregnancy of a minor girl who was stated to be gang raped, the Indore bench of the Madhya Pradesh High Court has given a detailed procedure to be followed by police authorities, district courts and high court registry in order to ensure timely legal and medical help.

In doing so the high court criticized the "acute insensitive approach" displayed by the trial court in the present matter observing that it was "cruel" for trial court to expect a rape survivor victim to produce her medical documents. In the present case, the petitioner–mother of the minor girl had first approached the trial court for termination of her daughter's pregnancy which was of 19 weeks on November 30. However, the same was rejected by the trial Court on December 5 on the ground that the petitioner had not produced medical documents in support of her application.

Continued Detention Of Saudi Born "Rohingya Refugee" In Jail Despite Completion Of Sentence Violates Article 21: Madhya Pradesh High Court

Case Title: Ahmed Almakki Alias Ahmed Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 330

While considering the case of a man–born in Saudi Arabia and claiming to be a Rohingya refugee–the Gwalior Bench of Madhya Pradesh High Court said that his detention in the city's Central jail after completion of his sentence for allegedly having a foreign passport violated his right to life under Article 21 of the Constitution of India.

It further directed that till the man's nationality is adjudicated and he is deported back to his country, he be kept in a detention centre in Assam.

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

Case Title: X v/s State of M.P & others

Citation: 2024 LiveLaw (MP) 331

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members.

Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act

Case Title: X Versus Y & Others

Citation: 2024 LiveLaw (MP) 332

Coming to the aid of an interfaith couple, the Jabalpur Bench of Madhya Pradesh High Court directed the state to facilitate the marriage of a Hindu girl and a Muslim boy before the marriage officer.

In doing so, the court said that there is no prohibition to inter-faith marriage under Section 4 of the Special Marriage Act, 1954.

A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “…there is a prohibition in the personal law that under the Mohammedan Law, a mohamendan boy cannot perform marriage with a Hindu girl. However, there is no bar, if the marriage is taken place under Section 4 of the Act of 1954.”

Denial For Slaughterhouse Permit On Ground That A City Is A 'Religious' One Is 'Wholly Unacceptable': MP High Court

Case title: Sabir Hussain vs The State Of Madhya Pradesh

Citation: 2024 LiveLaw (MP) 333

The Madhya Pradesh High Court recently stated that denying a permit for the establishment of a slaughterhouse on the grounds that a city is religious—in the instant case, Mandsaur city—is wholly unacceptable.

A bench of Justice Pranay Verma further said that the State Government's notification under the MP Municipalities Act, 1961, declaring a 100-meter radius a sacred area does not imply that the entire city should be considered as sacred.

Wife's Patience & Silence To Save Marital Life Reflects Her Sincerity, Not Weakness: Madhya Pradesh High Court

Case Title: Dicky Ram Tiwari And Others Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 334

The Madhya Pradesh High Court has observed that if a wife maintains patience and silence with the sole intention of saving her matrimonial life, it cannot be said that it is her weakness; on the contrary, it shows her sincerity towards her marital life.

A bench of Justice Gurpal Singh Ahluwalia added that if, after realising that her in-laws have gone to such an extent where reconciliation is not possible, a daughter-in-law decides to lodge an FIR complaining about cruelty meted out to her, then it cannot be said that said FIR is a counterblast to the petition for divorce.

"Contractor Couldn't Collect Market Fee Due To COVID-19": Madhya Pradesh HC Upholds Order Directing Municipality To Refund Bid Money

Case Title: Nagar Parishad Bamhani Banjar District Mandla M.P. Versus Collector And Others

Citation: 2024 LiveLaw (MP) 335

The Jabalpur bench of the Madhya Pradesh High Court upheld a Collector's order directing a municipal council to refund the first instalment of the bid amount to a Contractor–engaged for recovering weekly market charges, after noting that the money could not be recovered on account of second wave of Covid-19 terming it as "force majeure".

Harda Factory Blast | Madhya Pradesh HC Allows Owners To Object To Victims' Claims For Injuries, Loss Of Property Before NGT

Case Title: Somesh Agrawal And Others v/s The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 336

In a plea questioning the claims of victims allegedly affected in an explosion in a firecracker factory in Harda, the Jabalpur bench of the Madhya Pradesh High Court permitted factory owners to raise their objections regarding genuineness of claimants in respect of their injuries and quantum to be paid for destruction of houses, before the National Green Tribunal Bhopal.

In doing so, the court also said that if the petitioner raises such objections the NGT shall consider them as per law, and added that the administration may disburse the compensation in death cases as directed by NGT.

Merely Mentioning Person's Name In Official Documents As Nominee Is Of No Avail To Claim Compassionate Appointment: MP High Court

Case Title: Praveen Kochak Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 337

The Indore Bench of Madhya Pradesh High court recently held that merely mentioning a person's name in departmental documents as a nominee does not automatically confer a right to claim compassionate appointment on account of death of deceased employee.

Public Spirited Person Undergoing Sterilisation Can't Be Deprived Of Advance Increments Under Scheme For Family Planning: Madhya Pradesh HC

Case Title: Gori Saxena Versus The State Of Madhya Pradesh Directorate Ayush And Others

Citation: 2024 LiveLaw (MP) 338

The Indore Bench of Madhya Pradesh High Court held that if a public spirited person (whether he is a government servant or not) unselfishly gets himself/herself sterilised for family planning, such person cannot be later deprived of any benefit under a government scheme for advance increments to government servants opting for family planning.

In doing so, the court clarified that such person is also entitled to the benefit even if the person has contributed to such cause before entering into a government service.