Madhya Pradesh High Court Monthly Digest: November 2024

Citation 2024 LiveLaw (MP) 282 to 2024 LiveLaw (MP) 313

Nominal Index

• Vijay Singh Yadav v. Bhopal Development Authority & Another 2024 LiveLaw (MP) 282
• Shivraj Singh Chouhan And Others v/s Vivek Krishna Tankha 2024 LiveLaw (MP) 283
• Dharamdas Bhalekar versus The State Of Madhya Pradesh And Others 2024 LiveLaw (MP) 284
• Vikram Sharma versus State Bank of India 2024 LiveLaw (MP) 285
• Saroj Katariya & Others Versus The State Of Madhya Pradesh And Others 2024 LiveLaw (MP) 286
• Principal Commissioner v. Ramesh Chandra Rai 2024 LiveLaw (MP) 287
• Leela Devi Bansal Versus The State Of Madhya Pradesh And Others 2024 LiveLaw (MP) 288
• Bashir Khan Versus Ishrat Bano 2024 LiveLaw (MP) 289
• M/S. Uma Shankar Mishra Versus Union of India 2024 LiveLaw (MP) 290
• Tulsi Ram Lodhi vs. The State of Madhya Pradesh 2024 LiveLaw (MP) 291
• Aakash Thakur & Others Versus Kishorsingh Thakur and Others 2024 LiveLaw (MP) 292
• Krishi Upaj Mandi Samiti Pichhore & Ors. Vs. Mukesh Kumar Bhatt 2024 LiveLaw (MP) 293
• Kailash Bundela versus The State of Madhya Pradesh And Others 2024 LiveLaw (MP) 294
• Smt. Sunita Bai Sahu Versus The State Of Madhya Pradesh And Others 2024 LiveLaw (MP) 295
• Rakesh Agrawal v. Central Board of Direct Taxes and Others 2024 LiveLaw (MP) 296
• Mount Everest Breweries Limited versus MP Beer Products Limited 2024 LiveLaw (MP) 297
• United India Insurance Co. Ltd. And Others Versus Ratlam Syenthetic Rope Manufacturing Company Through Smt. Rekha And Others 2024 LiveLaw (MP) 298
• X v Y 2024 LiveLaw (MP) 299
• Manoj Verma v. Life Insurance Corporation of India 2024 LiveLaw (MP) 300
• Vishnu Bhamore Versus State of Madhya Pradesh 2024 LiveLaw (MP) 301
• X v. Y 2024 LiveLaw (MP) 302
• Jabalpur Institute of Nursing Sciences and Research And Others Versus The State Of Madhya Pradesh And Others Citation: 2024 LiveLaw (MP) 303
• Dr. Kali Charna Sabat Vs. U.O.I. Through National Institute Of Technology & Others 2024 LiveLaw (MP) 304
• Anusuchit Jati, Evam Jan Jati Adhikari Karmachari Sangh (Ajjaks) Versus Mp High Court of Madhya Pradesh And Others 2024 LiveLaw (MP) 305
• Farzana Bano versus Union of India And Others 2024 LiveLaw (MP) 306
• Mubarak Khan versus The State of Madhya Pradesh And Others 2024 LiveLaw (MP) 307
• M/S. Praram Infra Through Its Partner Shri Prayank Jain Versus The State Of Madhya Pradesh And Others 2024 LiveLaw (MP) 308
• Brijendra Kumar Patel & Others versus The State Of Madhya Pradesh And Another 2024 LiveLaw (MP) 309
• Asif Hanif Thara Versus Enforcement Directorate 2024 LiveLaw (MP) 310
• Ravi Narwariya versus Home Department & Others 2024 LiveLaw (MP) 311
• Rakesh Singh Bhadoria Vs State Bar Council of Madhya Pradesh And Others 2024 LiveLaw (MP) 312
• In Reference (Suo Motu) v. Chairman, State Bar Council of MP and Others 2024 LiveLaw (MP) 313

Judgements/Final Orders:

Non-Speaking Dismissal Orders And Procedural Lapses In Disciplinary Proceedings Violate Natural Justice: MP HC

Case Title: Vijay Singh Yadav v. Bhopal Development Authority & Another

Citation: 2024 LiveLaw (MP) 282

A Single Judge Bench of Justice Sanjay Dwivedi invalidated the dismissal of a Bhopal Development Authority (BDA) employee, finding significant violations of natural justice principles. The court held that the disciplinary proceedings against Vijay Singh Yadav were fundamentally flawed due to the absence of witness testimony, failure to provide essential documents, and lack of reasoned orders. Highlighting discriminatory treatment and procedural lapses, the court ordered Yadav's reinstatement with full back wages and benefits, emphasizing that disciplinary actions must be supported by concrete evidence rather than speculation.

MP High Court Refuses To Quash Sr Adv Vivek Tankha's Defamation Case Against Union Minister Shivraj Singh Chouhan And Two Others

Case Title: Shivraj Singh Chouhan And Others v/s Vivek Krishna Tankha

Citation: 2024 LiveLaw (MP) 283

The Madhya Pradesh High Court dismissed a plea by Union Minister Shivraj Singh Chouhan and two others challenging a magisterial court's order taking cognizance of criminal defamation complaint registered against them by senior advocate and Member of Parliament Vivek Tankha in connection with certain court proceedings from 2021.

In doing so, the Jabalpur bench of the high court said that it was only for the trial court to see whether offence under Section 499 IPC is made out or not which can only be done by evidence adduced during trial.

Acceptance Of Qualifications At Time Of Appointment Can't be Questioned After 30 Years, Unless Fraud Is Alleged:MP High Court

Case Title: Dharamdas Bhalekar versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 284

A Single Judge Bench of Justice Vivek Jain partially allowed a writ petition challenging an inquiry into a disability certificate submitted for employment three decades ago. The court held that while authorities can investigate allegations of forgery, they cannot question the acceptability of qualifications that were accepted at the time of appointment after such a significant time lapse, particularly when there are no specific allegations of fraud.

Bank Can't Withhold Superannuation Benefits Explicitly Granted In Removal Order Despite Ongoing Service Dispute: MP High Court

Case Title: Vikram Sharma versus State Bank of India

Citation: 2024 LiveLaw (MP) 285

A Division Bench comprising of Justice Sunita Yadav and Justice Milind Ramesh Phadke partially allowed a writ appeal challenging the Single Judge's order that had directed the appellant to raise an industrial dispute regarding his superannuation benefits. The Court held that when a removal order explicitly grants superannuation benefits, these cannot be withheld by directing the employee to approach the Industrial Tribunal, as the tribunal reference was meant only for challenging the removal itself.

Ordinance Extending Time To Move 'No-Confidence Motion' Regarding Municipal Council Head's Tenure Is Retrospective: MP High Court Reaffirms

Case Title: Saroj Katariya & Others Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 286

The Indore bench of the Madhya Pradesh High Court recently reiterated that the Madhya Pradesh Municipalities (Second Amendment) Ordinance, 2024, which extended the period for bringing a no-confidence motion from two years to three years shall apply retrospectively.

In doing so, the court clarified that a motion of No-Confidence may be moved against the Vice President of the Municipal Council by the elected Councillors at a meeting specifically convened for the purpose under sub-section (2) of Section 43A of the M.P. Municipalities Act. It further agreed with the court's reasoning in another matter concerning the retrospective application of the ordinance.

Once Income From AOP/BOI Is Included In Assessee's Taxable Income, Any Post-Tax Share Received Cannot Be Taxed Again: Madhya Pradesh High Court

Case Title: Principal Commissioner v. Ramesh Chandra Rai

Citation: 2024 LiveLaw (MP) 287

The Madhya Pradesh High Court ruled that if an assessee has already included income from an Association of Persons (AOP) or Body of Individuals (BOI) in their taxable income, any post-tax share received from the AOP/BOI cannot be taxed again in the assessee's hands.

The Division Bench of Justices Sushrut Arvind Dharmadhikari and Anuradha Shukla observed that “……the assessee was a member of an association of persons or body individuals, share of members of such association of persons or body individuals were determinate and known. Such association of persons or body individuals were chargeable to tax on their total at the maximum marginal rate or any higher rate……”

Affidavits Of Similarly Situated Detenues Sufficient To Determine If A Person Was MISA Prisoner During Emergency, Jail Certificate Not Must: MP High Court

Case Title: Leela Devi Bansal Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 288

The Madhya Pradesh High Court has held that affidavits of two similarly situated detenues are sufficient to determine that a person was detained in the prison as a prisoner under the Maintenance of Internal Security Act (MISA) 1971 and under the Defence of India Rules (DIR) during emergency period.

A single-judge bench of Justice Milind Ramesh Phadke sitting at Gwalior thus quashed an order which rejected an application for grant of statutory pension on the ground that no certificate of either the District Magistrate or the Jail Authorities or the concerning police station was filed to demonstrate that the petitioner's husband was a MISA/DIR detenu.

Muslim Law | Father-In-Law Is Not Compelled To Maintain Deceased Son's Widow: Madhya Pradesh High Court Reiterates

Case Title: Bashir Khan Versus Ishrat Bano

Citation: 2024 LiveLaw (MP) 289

The Gwalior bench of the Madhya Pradesh High Court has reiterated that under Muslim Law, a father-in-law is not required to provide financial support to his deceased son's widow.

In doing so the high court set aside the orders of the trial court and sessions courts, which had directed the petitioner father-in-law to pay monthly maintenance to his daughter-in-law after the death of his son.

A single judge bench of Justice Hirdesh said, "In the present case, it is not in dispute that respondent is the widow of petitioner's son and according to Maohmedan Law cited above, the father of widow's husband is not compelled to maintain her. The Calcutta High Court has specifically in the case of Shabnam Parveen (supra) observed that as per DV Act, the father-in-law of the son's widow is not bound to give maintenance to her”.

Plea Of Limitation Shall Be Deemed To Be Waived If Not Raised Before Arbitrator U/S 16 Of Arbitration Act: Madhya Pradesh High Court

Case Title: M/S. Uma Shankar Mishra Versus Union of India

Citation: 2024 LiveLaw (MP) 290

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that plea of limitation cannot be allowed to be raised first time under section 34 of the Arbitration Act if no such plea was taken before the Arbitrator under section 16 of the Act. The court further observed that it shall be deemed to have been waived as per section 4 of the Act.

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

Case title: Tulsi Ram Lodhi vs. The State of Madhya Pradesh

Citation: 2024 LiveLaw (MP) 291

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination.

In doing so the court underscored that adjournments should not be granted just for the sake of adjournment and the court should keep the difficulties in mind which witnesses may be facing.

Plaintiffs Knew Of Sale Deed Execution, Didn't Move Trial Court To Add Transferee: MP High Court Upholds Order Declining Impleadment In Appeal

Case Title: Aakash Thakur & Others Versus Kishorsingh Thakur and Others

Citation: 2024 LiveLaw (MP) 292

The Indore bench of the Madhya Pradesh High Court denied adding certain persons as a necessary parties to a suit pertaining to a property dispute, observing that despite having full knowledge of the execution of the sale deed during the trial before the lower court the petitioners-original plaintiffs, did not file the application for adding proposed transferees at that juncture.

In doing so the court noted that the petitioners-original plaintiffs did not move the application for impleadment until after the suit was dismissed on merit by the trial court and the decree was passed. It further noted that the suit was not dismissed on account of non-joinder of necessary parties and there was no challenge to the sale deed back then.

Madhya Pradesh HC Upholds Workman's Retrenchment By Krishi Upaj Mandi Samiti Noting Compliance Of Section 25F Industrial Disputes Act

Case title: Krishi Upaj Mandi Samiti Pichhore & Ors. Vs. Mukesh Kumar Bhatt

Citation: 2024 LiveLaw (MP) 293

The Gwalior bench of Madhya Pradesh High Court, in a case regarding labour laws, set aside a Labour Court order which had directed the reinstatement of a workman with 50% back wages, after noting that the retrenchment of the workman by the concerned organisation was done following the due process of law.

In doing so the court observed that the petitioner–Krishi Upaj Mandi Samiti (Pichhore), had followed the mandate of Section 25F of the Industrial Disputes Act–which lists the various conditions precedent for retrenchment of workmen–which retrenching the respondent workman.

Additional Collector's 'Quasi Judicial' Action Protected Under Judges (Protection) Act: Madhya Pradesh HC Nixes 'Malafide' Disciplinary Case

Case Title: Kailash Bundela versus The State of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 294

While quashing a charge sheet and setting aside 'malafide' disciplinary proceedings against an Additional Collector, the Jabalpur bench of the Madhya Pradesh High Court said that the petitioner falls under the definition of a judge while discharging functions as quasi-judicial officer and is protected under the Judges (Protection) Act.

In doing so the high court also criticised the act of the respondent/state for not "acting fairly and using their powers illegally to harass an employee".

A single-judge bench of Justice Sanjay Dwivedi in its order observed, “…Court cannot ignore this aspect that any proceeding that is being initiated for no reason and for no fault of him, the same cannot be misutilized, merely because the power is available with the employer to initiate the same. Fair play is expected in every matter, whether it is judicial or it is an administrative.”

Aadhar Card Not Proof Of Age, But An Identity Document: Madhya Pradesh HC Reiterates, Directs State To Clarify To All Concerned Authorities

Case title: Smt. Sunita Bai Sahu Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 295

While reiterating that Aadhar cards cannot be relied upon as a proof of its holder's age, the Madhya Pradesh High Court recently directed the state government to clarify to all concerned authorities that the Aadhar Card is merely an identity document.

In doing so the high court referred to the Supreme Court's decision in Saroj and Others Vs. IFFCOTOKIO General Insurance Company and Others (2024) which held that the Aadhar Card is not the document of age. The matter before the high court pertained to use of Aadhaar card as a definitive proof of age to claim benefits under the Mukhyamantri Jan Kalyan (Sambal) Yojna.

A single judge bench of Justice GS Ahluwalia stated that not only the Supreme court but also the High Courts and even circulars issued by various government Departments have clarified that Aadhar card is not the proof of age.

Order Passed U/S 148A(d) Income Tax Act Is Not Appealable, Writ Jurisdiction Can Be Invoked: Madhya Pradesh High Court

Case title: Rakesh Agrawal v. Central Board of Direct Taxes and Others

Citation: 2024 LiveLaw (MP) 296

The Madhya Pradesh High Court has held that an order passed under Section 148A(d) of the Income Tax Act 1961 is not an appealable order, therefore, the only remedy with an aggrieved party is to invoke writ jurisdiction of the High Court.

Proceedings under Section 148A are initiated when Income Tax officers suspect that a taxpayer may have concealed income during any assessment year.

Reusing Another Brand's Embossed Beer Bottles To Sell One's Own Beer Product Is Trademark Infringement: Madhya Pradesh High Court

Case Title: Mount Everest Breweries Limited versus MP Beer Products Limited

Citation: 2024 LiveLaw (MP) 297

The Madhya Pradesh High Court has made it clear that reusing old beer bottles, which are embossed with the brand name/ logo of another company, to sell one's own beer product- constitutes trademark infringement.

A division bench of Justices Sanjeev Sachdeva and Pranay Verma thus restrained the sale of two beer companies in old bottles of Mount Everest Breweries Ltd., which are embossed with their beer brand 'STOK' and their logo, the face of a panda.

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC

Case Title: United India Insurance Co. Ltd. And Others Versus Ratlam Syenthetic Rope Manufacturing Company Through Smt. Rekha And Others

Citation: 2024 LiveLaw (MP) 298

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that if arbitrator travels beyond the terms of the arbitration agreement while passing an award, such an award is liable to be set aside under Section 34 of the Arbitration Act.

Husband Forcing Wife To Leave Job And Live As Per His Wish, Style Amounts To Cruelty: Madhya Pradesh High Court In Divorce Case

Case title: X v Y

Citation: 2024 LiveLaw (MP) 299

Allowing a woman's plea for dissolving her marriage to a man, the Indore bench of the Madhya Pradesh High Court observed that in the case at hand the the husband compelling his wife to leave her government job till he gets the job, and to "live as per his wish and style" amounts to cruelty.

In doing so the court underscored that whether husband or wife want to live together or not is their "wish" however none of them can force the other to either do a job or not do a job as per the spouse's choice.

Missing Records Don't Invalidate Previously Verified Caste Certificate; Dismissal For Not Providing Digital Certificate Arbitrary: MP HC

Case Title: Manoj Verma v. Life Insurance Corporation of India

Citation: 2024 LiveLaw (MP) 300

A Single Judge Bench of Justice Vijay Kumar Shukla quashed Life Insurance Corporation's (LIC) dismissal order of a Development Officer for failing to submit a fresh digital caste certificate. The Court held that the mere unavailability of old records cannot invalidate a certificate that was already verified at the time of his appointment. The Court emphasized that dismissing an employee due to procedural delays in obtaining a new digital certificate was arbitrary and disproportionate.

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor

Case Title: Vishnu Bhamore Versus State of Madhya Pradesh

Citation: 2024 LiveLaw (MP) 301

The Madhya Pradesh High Court in a recent ruling commuted the death sentence of a man convicted for rape and murder of a minor girl. The court altered the sentence from death penalty to life imprisonment for remainder of the life of the appellant.

In doing so, the division bench comprising Justice Vivek Agarwal and Justice Devnarayan Mishra referred to Mohinder Singh Vs. State of Punjab (2013) and came to the conclusion that the fact that appellant had no criminal history was not taken into consideration by the Trial Court.

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce

Case Title: X v. Y

Citation: 2024 LiveLaw (MP) 302

Finding a woman entitled to a divorce decree, the Gwalior bench of Madhya Pradesh High Court said that once the relationship between the couple had "reached irretrievable breakdown" along with desertion of over five yers, then compelling them to live together won't serve any purpose by granting a "judicial separation" decree.

In doing so the high court also noted the "erroneous" approach of the family court which had though found that the woman was subjected to cruelty however on possibility of a reunion had passed the order for judicial separation. It also observed that judicial separation can only be granted only if either party has agreed to it.

Madhya Pradesh High Court Asks State To Not Impose New Conditions For Recognizing Nursing Colleges For 2024-25 Session

Case Title: Jabalpur Institute of Nursing Sciences and Research And Others Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 303

The Jabalpur bench of the Madhya Pradesh MP High Court has directed the State authorities to grant recognition to Nursing Colleges on the basis of existing requirements under the Madhya Pradesh Nursing Institutions Recognition Rules, 2018 and not to alter or impose any new condition with any additional requirement for Session 2024-25.

Before Starting Enquiry, ICC Can Try To Settle POSH Act Case: Madhya Pradesh HC Allows NIT Asst Prof's Plea Against Dismissal From Service

Case Title: Dr. Kali Charna Sabat Vs. U.O.I. Through National Institute Of Technology & Others

Citation: 2024 LiveLaw (MP) 304

While allowing an NIT Bhopal Assistant Professor's plea against dismissal from service who was accused of sexual harassment, the Jabalpur bench of the Madhya Pradesh High Court said that the Internal Complaints Committee can, before starting the departmental enquiry, try to "settle" the case by referring the matter to conciliation.

In doing so, the court mentioned the importance of complying with Section 10 of the The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (POSH) which prescribes that the Internal Committee or a Local Committee before initiating any enquiry in the matter may try to settle the dispute by referring the matter for conciliation and thereafter enquiry shall be conducted as per Section 11 of the Act.

MP Judicial Services: High Court Orders Migration Of Meritorious Reserved Category Candidates To Unreserved Category In Future Recruitment Exams

Case title: Anusuchit Jati, Evam Jan Jati Adhikari Karmachari Sangh (Ajjaks) Versus Mp High Court of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 305

The Jabalpur bench of the Madhya Pradesh High Court has said that henceforth in all future recruitment exams conducted by Examination Cell of the High Court benefit of migration shall be extended to meritorious reserved category candidates in unreserved category in all the stages of selection process.

The court said this whole hearing a plea seeking a direction to the direct the respondents including the High Court to select Meritorious Reserve Category Candidates against unreserved posts at every stage of selection process including preliminary and the main examination conducted by the examination Cell of the high court to secure a birth in U.R. category, if they have received same or more marks than the unreserved category.

Criminal Antecedents Of Family Members Can't Be Taken Into Account To Assess Applicant's Character For Issuing Passport: MP High Court

Case Title: Farzana Bano versus Union of India And Others

Citation: 2024 LiveLaw (MP) 306

In a recent ruling, the Indore Bench of Madhya Pradesh High Court held that criminal antecedents of family members cannot be taken into account in assessing applicant's character and application for the issuance of passport.

Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court

Case Title: Mubarak Khan versus The State of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 307

In a recent judgement, the MP High Court clarified the Children's Court is not only for trying the cases where child rights have been violated and victims are children but also for juveniles aged 16-18 who are accused of committing heinous offences.

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Case Title: M/S. Praram Infra Through Its Partner Shri Prayank Jain Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 308

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court".

In doing so the court directed the Indore police commissioner to hand over the investigation to an officer not lower than the rank of DCP and further directed disciplinary action against the erring police officers observing that their act of wilful defiance of the court orders amounts to major misconduct.

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts

Case Title: Brijendra Kumar Patel & Others versus The State Of Madhya Pradesh And Another

Citation: 2024 LiveLaw (MP) 309

While quashing a complaint filed under Section 156(3) of Cr.P.C., the Jabalpur bench of the Madhya Pradesh High Court expressed its displeasure with the act of the alleged complainant after noting that he had filed a "false affidavit" stating that the police authorities did not act or conduct an inquiry upon his complaint.

In doing so, the court said that the respondent/complainant was not entitled to get any order from the court because he had suppressed very material information from the Court that police had conducted a detailed enquiry in which it was found that the alleged incident of Dacoity and Loot had not been committed.

S.50 PMLA Statement Given In ED Custody Inadmissible: Madhya Pradesh HC Gives Bail To Man Booked For Importing Poppy Seeds Worth Rs 140 Cr

Case title: Asif Hanif Thara Versus Enforcement Directorate

Citation: 2024 LiveLaw (MP) 310

While allowing a man's bail plea booked for money laundering under the Prevention of Money Laundering Act, the Indore bench of the Madhya Pradesh High Court has reiterated that statements of the accused recorded by the investigating agency under Section 50 PMLA while he was in custody shall be inadmissible against him.

In doing so it also observed that in the present case the opinion formed by the ED under Section 19 (power to arrest) of the PMLA with respect to the guilt of the applicant, is based upon the statement of the co-accused person which is "prima facie" inadmissible.

In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC

Case Title: Ravi Narwariya versus Home Department & Others

Citation: 2024 LiveLaw (MP) 311

In a case concerning acquittal of an individual in a criminal case on account of witnesses turning hostile, the Indore Bench of Madhya Pradesh High Court has observed it is unjustified for the authorities to apply the test of honourable acquittal especially when the initial case was itself false.

In doing so the court said that the respondent authorities had not justified how the acquittal of the petitioner in a criminal case was not honourable. In the case before the high court the petitioner's candidature to the post of Constable was rejected by the authorities after it observed that his acquittal in the criminal case on account of witnesses turning hostile was not clean/honorable and hence he wasn't fit for a government job.

6K Law Graduates Awaiting Enrolment: Madhya Pradesh High Court Directs State Bar Council To Enrol Them Provisionally Within Two-Weeks

Case Title: Rakesh Singh Bhadoria Vs State Bar Council of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 312

In what comes as a relief to around six thousand law graduates, the Madhya Pradesh High Court on Wednesday (November 27) directed the State Bar Council to provisionally enrol lawyers within a two-week time, subject to the verification to be done by the Council. The process was halted for almost 4 months.

On November 11, a PIL was filed by Rakesh Singh Bhadoria, former Joint Secretary of the Madhya Pradesh High Court Bar Association at Indore alleging non-enrolment of lawyers since four months.

Madhya Pradesh High Court Discharges Contempt Proceedings Against State Bar Council After Its Unconditional Apology For 2023 Lawyers' Strike

Case Title: In Reference (Suo Motu) v. Chairman, State Bar Council of MP and Others

Citation: 2024 LiveLaw (MP) 313

While deciding a suo-moto PIL, the Jabalpur bench of the Madhya Pradesh High Court discharged the contempt proceedings against the State Bar Council for calling a strike last year.

The court did so after taking on record the affidavit filed by the Chairman of State Bar Council as per which the state bar council took responsibility for the strike and also accepted their unconditional apology.

Other Developments:

MP High Court Issues Notice Over Delay In Rural Posting As Part Of MBBS Course, Imposition Of ₹25 Lakh Penalty For Breaching Bond Conditions

In response to a petition challenging the delay in rural postings and the imposition of a 25 lakh Rupees penalty for breaching the mandatory rural Bond the Madhya Pradesh High Court has issued notice to the state of Madhya Pradesh the Director of Medical Education the Commissioner of health.

The petitioner, a recent MBBS graduate argued that these conditions were adversely affecting his career progression and constitutional rights. The petition was listed in front of a division bench consisting of Justice Sanjeev Sachdeva and Justice Vinay Saraf.

Madhya Pradesh High Court Frowns Upon Reels, Memes Of Live-Streamed Court Proceedings, Orders To Take Them Down

The Madhya Pradesh High Court has raised concerns over the misuse of live-streamed court proceedings by circulation in the form of reels and memes on social media platforms.

The division bench of Chief Justice Suresh Kait and Justice Vivek Jain thus restrained social media platforms, media agencies, and individuals from editing, morphing, or illegally sharing its live-streamed videos.

“Till further orders, we hereby restrain the respondent Nos.5 to 7, all social media, individuals, video-makers, Media agencies and general public from editing/morphing or illegally using in any form or sharing of Court Proceedings of live streamed videos etc. of this Court with immediate effect,” it ordered.

Madhya Pradesh High Court Seeks State's Stand In Plea To Remove "Unauthorized Religious Shrines" In Police Stations, Orders Status Quo

The Jabalpur bench of the Madhya Pradesh High Court on Monday (November 4) sought the stand of the state government in a plea seeking removal of allegedly unauthorized religious shrines constructed within police station premises across the state.

The plea was filed by a retired central government employee, now an advocate and demanded for the removal of allegedly unauthorized religious shrines constructed within police station premises across the state.

Madhya Pradesh High Court Issues Notice To State Bar Council For Allegedly Keeping Enrolment Of About 6K Law Graduates Pending

The Madhya Pradesh High Court on Monday (November 11) issued notice to the State Bar Council on a PIL alleging non-enrolment of lawyers since four months.

As per the plea filed by Rakesh Singh Bhadoria, former Joint Secretary of the Madhya Pradesh High Court Bar Association at Indore, there is an administrative backlog with approximately 6,000 law graduates awaiting enrolment.

School Girls Allegedly Forced To Remove Clothes For Phone Search: HC Issues Contempt Notice To Indore Police Commissioner For Not Filing Report

In a case concerning a government school teacher allegedly forcing minor girls to remove their clothes to search for a mobile phone, the Indore bench of the Madhya Pradesh High Court issued a show-cause notice to the city Police Commissioner to explain why contempt proceedings should not be initiated against him for not complying with its order.

Student Files Plea Against Rs 30 Lakh Seat Leaving Bond Rule, Madhya Pradesh HC Issues Notice, Directs College To Return Original Documents

The Indore bench of the Madhya Pradesh High Court sought the state government's stand on a medical student's plea against the Rs 30 Lakh seat leaving bond he had signed while taking admission in a medical college, which would be charged if he left the seat without completing the course or his original documents will not be returned.

Issuing notice to the respondents including the state government, a division bench of Chief Justice Suresh Kumar Kait and Justice Sushrut Dharmadhikari in its order directed respondent no. 3–Mahatma Gandhi Memorial Medical College, Indore to return the petitioner student's original documents and give a no objection certificate.

Madhya Pradesh HC Permits First Round Of NEET-PG Counselling, Restricts Result Declaration Till Nov 28 Over 'Normalization Process' Issue

While ordering the State to carry out "first round of counselling" of NEET-PG counselling for MD/MS courses, the Jabalpur bench of the Madhya Pradesh High Court directed that the results shall not be declared till November 28.

The direction came in a plea where the petitioners raised concerns over the non adoption of the 'normalization process' done for the second time which they said had resulted in an anomaly in the state merit list. In their plea, the petitioner candidates had challenged the merit list issued by the State for M.P. State Registered Candidates for NEET PG Counselling (MD/MS Course) - 2024.

Advocates' Enrolment Will Be Done As Soon As Verification Of Applications Is Complete: Says Madhya Pradesh Bar Council, HC Seeks Instructions

The Jabalpur bench of the Madhya Pradesh High Court on Tuesday (November 26) orally questioned the State Bar Council for "unnecessary delay" in enrolment of lawyers since the last four months.

During the hearing the court asked the State Bar Council to "take instructions" in the matter and inform the court regarding the same on Wednesday as to whether the enrolments are being processed.

A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain was hearing a PIL by Rakesh Singh Bhadoria, former Joint Secretary of the Madhya Pradesh High Court Bar Association at Indore alleging non-enrolment of lawyers since four months.