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

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...

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

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. “Where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation (as in...

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

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 clients 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...

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

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. Brief Facts This petition has been filed to challenge the award to the limited extent that interest on the refund of security deposit and earnest...

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

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. Brief Facts This appeal has been filed against an order passed by the Executing Court by which while dismissing the petition, the court also set aside the award. It is the contention of the appellant...

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

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.A single judge bench of Justice Vijay Kumar Shukla observed, “In case of voluntary retirement of...

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

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...

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

Madhya Pradesh High Court (Gwalior Bench): 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...

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

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...

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

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...

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

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...

How Can Candidate Higher In All India List Fall Lower In State List? MP High Court Seeks Explanation On NEET-PG Normalization Formula

The Jabalpur bench of the Madhya Pradesh High Court on Thursday (December 5) orally questioned the National Board of Examination for Medical Sciences (NBEMS) over the Normalization process formula used with respect to the NEET-PG exam in preparation of the State rank of In-service candidates. During the hearing, the court questioned the body as to how someone who was higher in the All...