Madhya Pradesh High Court Annual Digest 2022: Part I [Citations 1 - 148]

JUDGMENTS/ORDERS (JANUARY-JUNE 2022)

Nature Of Case & Not Number Of Cases Is Relevant For Purposes Of Initiating Externment Proceedings: MP High Court

Case Title - Gangaram S/o Shri Kanha Ji Versus Commissioner, Indore Division & another

Citation: 2022 LiveLaw (MP) 1

The High Court observed that it is the nature of the case and not the number of cases that should be taken into account for the purposes of initiating externment proceedings against a person intended to be externed from a particular area.

Importantly, underscoring that the purpose of initiation of externment proceedings is to restrain a person from committing another offence in the near future, the Bench of Justice Subodh Abhyankar further observed that the order of externment must be passed within the close proximity of the offences committed by the petitioner.

17 Persons Allegedly Forced To Work As Bonded Labourers: MP High Court Orders Registration Of FIR Against Two

Case title - Kamla Bai and Others v. The State Of Madhya Pradesh And Others

Case Citation: 2022 LiveLaw (MP) 2

Dealing with a Habeas Corpus plea filed by family members of certain persons who were allegedly forced to work as bonded labourers in Maharashtra, the Madhya Pradesh High Court on Monday directed for the registration of an FIR against two persons, accused of employing 17 persons as labourers without paying them wages.

Essentially, the Bench of Justice Vishal Dhagat was dealing with the instant plea filed by Kamla Bai and Jamna Prasad Gond of Jabalpur district and Girwar and Laxman of Seoni district, who submitted before the Court that their family members were being forced to work as bonded labourers in Kolhapur district of Maharashtra.

Rotation Of Reserved Seats In Municipal Wards Mandatory & Not Discretionary: Madhya Pradesh High Court

Case Title: Jayesh Gurnani v. Madhya Pradesh State Election Commission & Ors.

Case citation: 2022 LiveLaw (MP) 3

Interpreting the provisions under Article 243-T of the Constitution, read with the procedure prescribed as per the state election laws, the Indore Bench of the Madhya Pradesh High Court has held that the process of "Rotation of Wards" in Municipalities is mandatory and not up to the discretion of the state government.

Justice Subodh Abhayakar was essentially dealing with a Writ Petition filed by the Petitioners against the gazetted notification issued by the state government dated 06.11.2020, publishing the list of Reserved Wards in Indore Municipal Area.

PG Medical Courses- Grant Reservation Benefits To Dist Hospital Doctors As In-Service Candidates: MP High Court To State Govt

Case title - Dr. Vijendra Dhanware & Another v. The State of Madhya Pradesh and others

Case Citation: 2022 LiveLaw (MP) 4

The High Court has held that in the absence of specific categorization, Government Doctors and medical officers working in Civil and District Hospitals are also entitled to benefit of reservation meant for in-service doctors in the PG Medical Courses and the counseling to be conducted by the State Government.

This ruling has come from the Division Bench of Justice Sujoy Paul and Justice Arun Sharma while quashing the merit list prepared by the state government prior to the upcoming PG Medical Counselling, meant for in-service doctors, directing the State to Revise and extend the benefit to the Petitioners Doctors.

Also Read: PG Medical Courses: MP High Court Refuses To Grant Incentive Marks To In Service Doctors Who Served In COVID Affected Districts

Being Indian Citizen Every Girl Has Right To Live Peaceful Life: MP High Court Refuses To Quash POCSO Case Based On Compromise

Case title - Hani Sharma vs. State of M.P. & Anr.

Citation: 2022 LiveLaw (MP) 5

"Every girl being a citizen of India has a right to live her life peacefully and without any threat to her dignity and life," observed the Madhya Pradesh High Court as it refused to quash a POCSO Case based on a compromise between the 17-year-old victim and a man, accused of stalking and harassing her for two years.

The Bench of Justice G. S. Ahluwalia noted that it was a case where the applicant-accused was continuously stalking and harassing the victim and caught hold of her hand in a public place when she had come to her house for celebrating Deewali and therefore, refused to quash the case.

Also Read: Controversy Regarding Chairmanship Of Bar Council Of Madhya Pradesh: High Court Refrains From Interfering With The Order Of BCI

Removing Trustees & Directing Trust To Conduct Elections Is Beyond Jurisdiction Of Public Trust Registrar: Madhya Pradesh High Court

Case Title: Saurabh & another v. State of M.P. & Ors

Case Citation: 2022 LiveLaw (MP) 6

The High Court has held that Registrar of Public Trust has no discretionary power under the Madhya Pradesh Public Trust Act, 1951, to remove the existing Trustees and direct the Trust to conduct elections for the same. Justice Subodh Abhayankar was essentially dealing with a Writ Petition, wherein the Petitioners sought for quashing of the order dated 17.11.2021, passed by the Registrar of Public Trust, District Barwani, wherein two of the Trustees were removed from their post, and the Trust, namely Shri Digamber Jain Siddh Kshetra Bawangajaji, was directed to conduct elections for the post of Trustees.

MP High Court Junks PIL Against Move To Rename Habibganj Rly Station After Rani Kamlapati With 10K Cost

Case title - AHMAD SAYEED QURESI Vs UNION OF INDIA AND OTHERS

Case Citation: 2022 LiveLaw (MP) 7

The Madhya Pradesh High Court on Monday dismissed a PIL (Public Interest Litigation) plea filed against the recent decision of the Centre to rename Habibganj station (in Bhopal) after 18th Century Gond Queen, Rani Kamalapati.

The bench of Justice Sheel Nagu and Justice Sunita Yadav also saddled the petitioner, Ahmad Sayeed Quresi with a fine of Rs. 10,000/- as it noted that it was a frivolous and vexatious piece of litigation.

Plea Taken By Defendant In Written Statements Wholly Irrelevant While Considering Application Under OVII R11 CPC: Madhya Pradesh High Court

Case Title: Foti Rakabchand Jain through LRs Vs. Foti Ratanlal Jain through LRs

Case citation: 2022 LiveLaw (MP) 8

Deciding a civil revision against the order of a civil court, the Madhya Pradesh High Court has held that rejecting an application preferred under Order VII Rule 11 CPC would be illegal if the court sought for written statements of the defendant rather than deciding the same on averments in the plaint.

Justice Anil Verma observed,

"For the purposes of deciding an application under clauses (a) and (d) of Rule 11 of Order VII C.P.C. the averments in the plaint are germane; the pleas taken by the defendant in the written statement would be wholly irrelevant at that stage, therefore, a direction to file the written statement without deciding the application under Order VII Rule 11 C.P.C. cannot but be procedural irregularity touching the exercise of jurisdiction by the trial court."

At What Stage In Criminal Proceeding Can An Accused, Victim Invoke S. 91 CrPC?: Answers Madhya Pradesh High Court

Case title - Special Police Establishment v. Umesh Tiwari and another

Case citation: 2022 LiveLaw (MP) 9

The High Court (Jabalpur Bench) answered several significant questions related to Section 91 of CrPC which deals with Summons to produce documents or other things. Essentially, the Bench of Justice Sheel Nagu and Justice Sunita Yadav examined as to when can an accused as also a victim, invoke this Section during a criminal proceedingānd came up with the following conclusion

An accused cannot invoke Section 91 Cr.P.C. during the pendency of the investigation. However, an accused can invoke Section 91 on and after the filing of the charge sheet. Section 91 can also be invoked by the other stakeholders i.e. victim and also the prosecution. The court can also invoke Section 91 Cr.P.C. suo moto.

All the above invocation by any stakeholder is subject to satisfaction of the Court about desirability and necessity of the document sought to be produced.

Disposal of Case Not Our Agenda, Have To Ensure That Parties Get Justice: Madhya Pradesh High Court

Case Title: IN RE. EXT. OF TIME SOUGHT BY ASJ DISTRICT DEWAS IN HON. CO. DT. 28/09/2021 PASSED IN MCRC 43884/2021 (MADHYA PRADESH) v. STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 10

Deciding two separate requests by trial court judges seeking extension of time to conclude the trials, the Chief Justice of High Court of Madhya Pradesh observed that - "Even if there is a little bit of delay in the trial, it's alright. At the end of the trial the parties must feel, they must be convinced that justice has been done."

The division bench comprising of Chief Justice Ravi Malimath and Justice Pranay Verma was essentially dealing with two review petitions collectively, wherein two trial court judges were seeking extension of time granted by the High Court vide two different orders to conclude the trials.

Prima Facie Unfit For Service Due To 'Weak Memory': Madhya Pradesh HC Orders Inquiry Against SHO For Failure To Produce Case Diary

Case Title: Sukhendra Chaturvedi v. State of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 11

The High Court ordered enquiry against a Station House Officer (SHO) for not producing case diary in a case despite being repeatedly ordered to do so.

Justice Vivek Agarwal also took exception to the "lame excuse" given by the officer that the case diary could not be produced as he had forgotten about the same given his busy schedule.

"This explanation given by the Incharge Station House Officer Satish Mishra S/o.Santosh Mishra reveals that prima facie he is not fit to continue in police service because his memory is weak and he could not produce the case diary despite several reminders, which were sent from of the Office of the Advocate General..." the Bench observed.

Madhya Pradesh High Court Orders Medical Student To Serve At Community Health Centre Biweekly As Condition For Bail

Case Title: Dr Neha Padam v. Central Bureau of Investigation

Citation: 2022 LiveLaw (MP) 12

Amending one of the conditions for her bail, the High Court of Madhya Pradesh, Gwalior Bench, ordered the Applicant, a Medical Student, to tender her services biweekly, either at a District Hospital or a Community Health Centre.

The division bench of Justice Anand Pathak and Justice G.S. Ahluwalia was essentially dealing with an application moved by the Applicant U/S 482 CRPC, to amend one of the conditions under which the Court had previously allowed her application for anticipatory bail.

A Kazi Can Act As Mediator To Settle Disputes But Can't Adjudicate Them & Pass Orders Like A Decree: Madhya Pradesh High Court

Case title - Aadil v. Union of India and others

Case Citation: 2022 LiveLaw (MP) 13

The High Court (Indore Bench) observed that a Kazi can entertain a dispute and acts as a mediator to settle the dispute between the members of the Muslim community but he cannot adjudicate the dispute like a court and pass an order like a decree.

With this, the Bench of Justice Vivek Rusia and Justice Rajendra Kumar Verma noted that an order of the Kazi granting Talaq (divorce) by way of Khula has no legal sanctity and can simply be ignored.

"Trial Court Passed Incomplete Judgement": Madhya Pradesh High Court Orders Enquiry Against Presiding Judge, Remands Matter Back

Case Title: Surajbhan Singh v. State of M.P.

Citation: 2022 LiveLaw (MP) 14

A peculiar criminal appeal recently reached the Gwalior Bench of Madhya Pradesh High Court, where surprisingly the Trial Court had passed an "incomplete judgment" of conviction for the offence of Murder.

The Division Bench of Justice G.S. Ahluwalia and Justice Deepak Kumar Agarwal noted that whereas the Appellant before it was on trial for murder of two, he was punished only on one count and there was no mention, whether of acquittal or of conviction, with respect to the second murder.

Public Needs To Be Educated Not To Use Footpath, Dedicated Track For Other Purposes: Madhya Pradesh High Court

Case title - Cycle Yaatri Samooh and others v. Union of India and others

Case citation: 2022 LiveLaw (MP) 15

Noting that at some places the general public is using footpaths for the purpose of parking, putting the signing board, or for business purposes, the Madhya Pradesh High Court recently said that the public needs to be educated not to use the footpath and dedicated track for other purposes.

This assertion came from the Bench of Justice Vivek Rusia and Justice Rajendra Kumar Verma which was hearing a Public Interest Litigation (PIL) plea seeking a direction to Indore Municipal Corporation and others to provide a dedicated way to the pedestrians, cyclists, and also the physically challenged persons by way of developing, designing and widening the roads in the city.

No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court

Case title - SURENDRA DHAKAD Vs THE STATE OF MADHYA PRADESH

Case citation: 2022 LiveLaw (MP) 16

The High Court has said that merely on the ground that the vehicle is liable to confiscation under Section 60 of the NDPS Act, it cannot be held that once the vehicle is seized for the commission of offence under the NDPS Act, interim custody cannot be granted.

The Bench of Justice Deepak Kumar Agarwal further observed that the NDPS Act does not contain any bar regarding the grant of interim custody as contained in Section 52C of the Indian Forest Act, 1927.

Pendency Of Civil Suit Irrelevant: Madhya Pradesh High Court Refuses To Quash Criminal Proceedings Over Alleged Encroachment Of Govt Land

Case Title: Mamta Gupta vs. State of MP & Anr.

Citation: 2022 LiveLaw (MP) 17

The High Court has held that if prima facie ingredients of the offence alleged are satisfied, then criminal proceedings need not be quashed in a case involving encroachment upon Government land. The Bench comprising Justice Rajeev Kumar Shrivastava further observed that criminal complaint cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature.

What Constitutes 'Dispute' Under Arbitration & Conciliation Act? Madhya Pradesh High Court Explains

Case Title: Indian Oil Corporation Ltd. and others v. M/s Tatpar Petroleum Centre

Citation: 2022 LiveLaw (MP) 18

Surprised over the fact that the word 'Dispute' is not defined under the Arbitration and Conciliation Act, 1996 even though its object is to "resolve disputes" between rival parties, the High Court explained as to what may constitute a 'dispute' for the purpose of invocation of the provisions contained in the Act.

The division bench comprising of Justice Sheel Nagu and Justice Purushaindra Kumar Kaurav observed, "for a dispute to arise there should exist an assertion/claim which is refuted by the other side."

Arbitral Tribunal Under 'Madhyastham Adhikaran' Law Has Exclusive Jurisdiction To Decide 'Works Contract' Disputes In MP: High Court

Case title - M/s Gayatri Project Ltd. Vs. Madhya Pradesh Road Development Corporation Limited

Case Citation: 2022 LiveLaw (MP) 19

The Madhya Pradesh High Court recently said that in the State, the dispute of 'works contract' could be raised before the Tribunal constituted under the M.P. Madhyastham Adhikaran Adhiniyam, 1983 alone, and in such disputes, the applicability of Arbitration and Conciliation Act 1996 is barred.

The Bench of Justice Sheel Nagu and Justice Purushaindra Kumar Kaurav further ruled that if an arbitration award is passed with respect to 'work contract' disputes, then such an award can be set aside under Section 34 of the Arbitration and Conciliation Act 1996.

Doctor's Opinion Is Relevant U/S 45 Of Evidence Act But It Can't Take Place Of Substantial Evidence: Madhya Pradesh High Court

Case title - Balli Chaudhary alias Rakesh v. State of MP

Case citation: 2022 LiveLaw (MP) 20

The Madhya Pradesh High Court (Gwalior Bench) recently observed that the opinion of a doctor is relevant evidence under Section 45 of the Evidence Act, but it can rarely take the place of substantive evidence and it cannot be conclusive because it is only opinion evidence.

The Bench of Justice Rajeev Kumar Shrivastava observed thus as it dismissed a criminal revision plea filed by one Balli Chaudhary against the order of framing of charges agaisnt him under Sections 307, 34, and 452 of IPC.

"Moral Policing Not Allowed": Madhya Pradesh HC Orders Release Of Adult Woman Who Willingly Converted Religion & Married Muslim Man

Case Title: Guljar Khan Vs The State Of Madhya Pradesh And Others

Citation: 2022 LiveLaw (MP) 21

Deciding a Habeas Corpus petition, the High Court of Madhya Pradesh upheld the constitutional right of major persons to stay together, either by way of marriage or live-in relationship.

Justice Nandita Dubey was essentially dealing with a petition moved by a husband who alleged that the parents of his wife have forcibly taken her to Banaras and have illegally detained her. The Petitioner submitted that he married his wife with her consent and that she willingly embraced Islam.

NMC Can't Withhold Approval Of A Medical College On Ground Of Pendency Of CBI Probe Against It: Madhya Pradesh High Court

Case title - L.N. Medical College & Research Centre v. Union of India and others

Case citation: 2022 LiveLaw (MP) 22

The High Court held that the National Medical Commission (NMC) cannot withhold the approval of any medical college on the ground that CBI probe on the admissions effected in the said medical college is pending against the Management and Trustees of the said Medical College. The bench of Justice Sujoy Paul and Justice Arun Sharma was hearing a plea filed by petitioner institution L.N. Medical College & Research Centre, whose request for an increase of MBBS seats from 150 to 250 was turned down by the NMC on the ground that a CBI probe was pending against the Management and Trustees of the institution.

Municipal Commissioner with Additional Charge of DM Can Order Detention Under Prevention of Black Marketing and Maintenance of Supplies and Commodities Act: Madhya Pradesh HC

Case Title: Laxmi Sagar w/o Kamal Kishore Sagar vs. State of Madhya Pradesh & others

Citation: 2022 LiveLaw (MP) 23

The High Court of Madhya Pradesh, Indore Bench recently held that a Municipal Commissioner was competent to issue the order of detention U/S 3(2) of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as "The Act of 1980") even though she was temporarily delegated with the additional charge of District Magistrate.

The division bench of Justice Vivek Rusia and Justice Subodh Abhyankar was essentially dealing with a petition moved by the mother of detainee. She argued that the order of detention of her son passed by the Municipal Commissioner was illegal as the Commissioner was neither a competent authority to passed the order U/S 3(2) nor did she timely communicate about the detention order along with grounds for detention to the State Government, as required U/S 3(3) of the Act of 1980.

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Case Title: Dharmpal Singh Jadon & Ors. Vs. State of M.P. & Anr.

Citation: 2022 LiveLaw (MP) 24

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 (attempt to Murder) and 498-A (Cruelty to wife) read with Section 34 of IPC, based on a compromise between the parties involved.

Justice Rajeev Kumar Shrivastava observed,

"the allegations are serious in nature wherein mother-in-law & sister-in-law with the help of complainant's husband dragged the complainant by making knot in her neck and also brutally beaten her with intention to kill her. Therefore, considering the aforesaid facts & circumstances of the case along with gravity of the offence and the conduct of the accused persons, it would not be appropriate to quash the FIR for the offences under Sections 307, 498-A, 34 of IPC only on the basis of settlement between the accused persons and the complainant."

Public Prosecutors Under Duty To Read Correct Allegations As Case Diary Isn't Available During VC Bail Hearings: MP High Court

Case title - SMT. POONAM BHADORIYA AND ANOTHER Vs STATE OF MADHYA PRADESH

Case citation: 2022 LiveLaw (MP) 25

The Madhya Pradesh High Court has observed that during the video conference hearings in bail pleas, since the Courts have no access to case diaries, therefore, the duty heavily lies on the Public Prosecutor to read out the correct allegations against the accused/applicant. The Bench of Justice G. S. Ahluwalia was hearing the bail pleas filed by the applicants apprehending their arrest in connection for offence punishable under Sections 420, 120-B of IPC.

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court

Case Title: Laxman Rao Vs. Court of Third Additional Sessions Judge, Guna and anr.

Case citation: 2022 LiveLaw (MP) 26

The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that.

The single bench of Justice G.S. Ahluwalia was essentially dealing with a Criminal Revision against the order of the Additional Sessions Judge, wherein the appeal was preferred by the Applicant against the dismissal of his application U/S 340 CRPC before Judicial Magistrate of First Class was rejected.

Examine If An Advocate Charged With 7 Theft Cases Is Entitled To Maintain License To Practice?: MP High Court To State Bar Council

Case title - ASHISH AGRAWAL v. THE STATE OF MADHYA PRADESH

Case citation: 2022 LiveLaw (MP) 27

The Madhya Pradesh High Court (Jabalpur bench) has asked the Bar Council of Madhya Pradesh as to whether an advocate, who is charged with 7 cases of theft and from whom recovery is made, can represent himself as an advocate or not, and whether such an advocate is entitled to maintain his license to practice. The Bench of Justice Vivek Agarwal was dealing with the second bail application of an Advocate Ashish Agrawal, who has been accused of committing theft and from whom, recovery was also made

CWC Can't Act As Family Court In Child Custody Matters: Madhya Pradesh High Court Dismisses NGO's Plea Seeking Transfer Of Power With 10K Cos

Case Title: Rajlakshmi Foundation v. The State Of Madhya Pradesh

Case citation: 2022 LiveLaw (MP) 28

The Madhya Pradesh High Court, Indore Bench recently dismissed a PIL that sought for transfer of power of a Family Court in respect of deciding custody of a child, to the Child Welfare Committee (CWC). The division bench of Justice Vivek Rusia and Justice Rajendra Kumar (Verma) also imposed a cost of Rs. 10,000 on the Petitioner, calling the petition to be "nothing but a misuse of the process of law".

Adversely Affect Young Generation: Madhya Pradesh High Court Denies Bail To Accused Under NDPS Act In Custody For Almost A Year

Case Title: Rahul Islam Khan and Anr. v. State of Madhya Pradesh

Case citation: 2022 LiveLaw (MP) 29

The Madhya Pradesh High Court recently rejected the second bail application moved by the accused under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 along with M.P. Drugs Controls Act, 1949 on the ground that cases of drug abuse are on the rise, which is adversely affecting the young generation.

It also made reference to the effects of organized activities of the underworld and the clandestine smuggling of narcotic drugs on adolescents and students, as notice by the Supreme Court.

Can Departmental Enquiry & Criminal Case Proceed Simultaneously With Identical Charge? Madhya Pradesh High Court Answers

Case Title: Harish Chandra Hinunia v. Food Corporation Of India

Case citation: 2022 LiveLaw (MP) 30

The Madhya Pradesh High Court recently prohibited departmental inquiry against an employee with respect to a charge identical to the one for which he was under trial in a criminal case. Justice Atul Sreedharan cited two reasons for doing so:

First, the charge against the employee under Section 7 of the Prevention of Corruption Act involved complicated questions of fact and law.

Second, both proceedings involved same set of witnesses which may lead to disclosure of the accused's defence in the course of the departmental enquiry, and may hamper fair trial if it comes to the knowledge of the prosecution.

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh

Case Title: Madhav Shrama v. State of Madhya Pradesh

Case citation: 2022 LiveLaw (MP) 31

The High Court of Madhya Pradesh recently dismissed a petition filed by a NEET candidate seeking directions of the Court to allow him to change his domicile status to M.P. on his counselling form, since the last date of registration had passed. Citing Rule 6 of the Madhya Pradesh Medical Education Admission Rules, 2018 (hereinafter referred to as, "the Admission Rules"), the division bench of Justice Sujoy Paul and Justice Arun Kumar Sharma held-

"The language of Rule 6 aforesaid, in our opinion is plain, clear and unambiguous. Thus, it should be given effect to in spite of any consequence. The purpose of inserting Rule 6 is already dealt with in sufficient detail by the previous Division Bench in Ayushi Saraogi (supra). We are in respectful agreement with the view taken by the Division Bench in the case of Ayushi Saraogi (supra). If any other interpretation is given to the said Rule, it will certainly defeat the very purpose of inserting the said Rule in the statute book. Rule 6 is inserted by law maker with a conscious view that if position or factual aspects are permitted to be changed, it will create chaos for the examining authorities."

Tribunal Cannot Trespass Into Foreign Territory Rendering Finding On Caste Status: Madhya Pradesh High Court

Case Title: Subhash Chandra Vs Union Of India And Others

Case citation: 2022 LiveLaw (MP) 32

The High Court of Madhya Pradesh recently reprimanded the Jabalpur Bench of Central Administrative Tribunal for venturing into foreign territory and rendering a finding on the caste status of the Petitioner as the same was beyond its jurisdiction.

The division bench comprising of Justice Sheel Nagu and Justice Sunita Yadav was essentially dealing with a writ petition, wherein the Petitioner was challenging two orders passed by the Jabalpur Bench of the Central Administrative Tribunal (CAT). The Tribunal had dismissed his application on merits and on ground of limitation.

'Must Teach A Lesson': Madhya Pradesh High Court Orders Enquiry Against Complainant For Allegedly Filing False Rape Case

Case Title: Gagan Agrawal v. State Of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 33

The Madhya Pradesh High Court recently directed the S.P., District Sehore to conduct a proper enquiry against a complainant, who allegedly filed a false rape case.

Stating that such actions are nothing but a misuse of the provisions in law and the Court must teach a lesson to the persons like the complainant, Justice Sanjay Dwivedi ordered,

"the Superintendent of Police, Sehore, is directed to make a proper enquiry in the matter and if it is found that the complainant had made false allegation against the applicant, then offence be registered against her in accordance with law for making a false complaint or misusing the provisions of law."

'Sensitive Post, Sovereignty Of Nation Involved': MP HC Denies Relief To Candidate With Criminal Antecedents Seeking Job In Defence Establishment

Case Title: Vinod Kumar v. Union of India and Anr.

Citation: 2022 LiveLaw (MP) 34

The Madhya Pradesh High Court recently dismissed a petition whereby the Petitioner was seeking revival of his candidature for a post at an Ordnance Factory, observing that his acquittal from the trial court in a criminal case was not honourable and clean.

The division bench of Justice Sheel Nagu and Justice Sunita Yadav observed,

"The sensitivity involved in a post may not be of such high degree as involved in a disciplined/uniformed service but since the organization where the petitioner would have been employed was under the Ministry of Defence catering to the requirements of the Armed Forces, the element of sovereignty of the nation comes into being."

MP High Court Upholds Decision Of State Govt To Appoint All Public Prosecutors As Special Public Prosecutors Under SC/ST Act

Case Title: Smt. Krishna Prajapati v. State of M.P.

Case citation: 2022 LiveLaw (MP) 35

The High Court of Madhya Pradesh recently upheld the decision of the state government to appoint Public Prosecutors and Assistant Public Prosecutors in all its districts as Special Public Prosecutors U/S 15 of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act").

Justice Atul Sreedharan was essentially dealing with a writ petition filed by a Special Public Prosecutor (SPP) under the SC/ST Act, whereby she was challenging the order passed by the state government appointing all the Public Prosecutors and Assistant Public Prosecutors as SPPs U/S 15 of SC/ST Act.

Prosecutrix Developed Physical Relation By Her Own Wish, Ready To Marry Accused: Madhya Pradesh High Court Grants Bail In POCSO Case

Case Title: Shobit Nigam v. The State of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 36

The High Court of Madhya Pradesh recently allowed a bail application of the Applicant, accused under the provisions of IPC and POCSO Act after considering the categorical statement made by the Prosecutrix, whereby she conveyed that she was a well-educated, grown up with a sound mind and that she developed physical relation with the Applicant by her own wish and was also ready to marry him.

Justice Sanjay Dwivedi was essentially dealing with a bail application moved by the Applicant, accused for offences U/S 363, 366, 376 (3), 376(2)(n) IPC and U/S 5(L), 6 POCSO Act. He was in custody since October last year.

NOC From Husband Not Required For Wife To Donate Kidney: Madhya Pradesh High Court

Case Title: Meena Devi v. State of Madhya Pradesh

Case citation: 2022 LiveLaw (MP) 37

The High Court of Madhya Pradesh recently held that the rejection of an application, moved by the Petitioner/mother to donate her kidney to her ailing son, by the Respondent/Hospital on the ground of non-issuance of the NOC by her husband was not sustainable.

Justice Purushaindra Kumar Kaurav was dealing with a writ petition filed by the Petitioner who was aggrieved by the communication from the Hospital, whereby it had rejected her request for a kidney transplant.

Only Judicial Magistrate & Not Executive Magistrate Empowered To Verify Correctness Of Delayed Registration Of Births & Deaths: Madhya Pradesh HC

Case Title: Kallu Khan v. State of M.P. & Ors.

Citation: 2022 LiveLaw (MP) 38

The Madhya Pradesh High Court, Gwalior Bench recently held that under the Registration of Births and Deaths Act, 1969, only a Judicial Magistrate First Class has the authority to verify the correctness of delayed registration of births and deaths, which have not been registered within one year of their occurrence. An Executive Magistrate has no authority in this regard.

Corollary to the ruling, it struck down Rule 9 of M.P. Registration of Births and Deaths Rules, 1999 which authorised the Executive Magistrate along with JMFC for the said purpose.

Madhya Pradesh High Court Makes Exception For ST Candidate Who Inadvertently Selected Wrong Category For NEET Counselling

Case Title: Purva Balke v. State of Madhya Pradesh and Anr.

Citation: 2022 LiveLaw (MP) 39

The High Court of Madhya Pradesh, Indore Bench recently took a sympathetic view towards the situation of a NEET aspirant belonging to ST community, who inadvertently registered herself under the UR/ NRI quota. It allowed her to re-register herself in the last round of counselling.

Ordinarily, the Courts are reluctant in allowing such pleas. However, in the present case, the division bench of Justice Vivek Rusia and Justice Rajendra Kumar (Verma) observed,

"It is very unfortunate that the petitioner, being ST Category student who comes from remote tribal areas of this country has persuaded the studies up to Class – XII and cleared NEET Examination with good rank, inadvertently has submitted the registration form under the wrong category and did not correct the same before the last date."

'Clear Case Of Gender Bias': MP HC Declares Policy To Not Consider Sister / Married Daughter For Compassionate Appointment As Unconstitutional

Case Title: Shakila Begum (Siddiqui) & another Vs Northern Coal Field Ltd. & others

Citation: 2022 LiveLaw (MP) 40

The Madhya Pradesh High Court recently held that the policy of National Coal Wage Agreement (NCWA) to not consider sisters/ married daughters for compassionate appointment is a clear case of gender bias and is thus, unconstitutional.

Justice S.A. Dharmadhikari was essentially dealing with a writ petition filed by the Petitioner who was aggrieved by the order passed by the Respondent company, whereby it had rejected her application for grant of compassionate appointment on the ground that she is a married daughter of the deceased.

NDPS Act | 'Spot' Means Place Where Search Is Conducted & Recovery Is Made, Not Where Suspected Vehicle Or Person Is Intercepted: Madhya Pradesh HC

Case Title: Kamruddin v. Union of India, with connected matters

Citation: 2022 LiveLaw (MP) 41

The Madhya Pradesh High Court recently held that with respect to search and seizure in cases under the NDPS Act, 'spot' does not mean a place where suspected vehicle or person is intercepted, but a place where search is conducted and recovery of articles is made. Justice Sanjay Dwivedi was essentially dealing with the bail applications moved by the Applicants accused U/S 8/20, 25, 27(a)/28 R/W Section 29 NDPS Act.

Justice Sanjay Dwivedi was essentially dealing with the bail applications moved by the Applicants accused U/S 8/20, 25, 27(a)/28 R/W Section 29 NDPS Act.

MP High Court Upholds Decision To Consider Younger Son Of Deceased Employee For Compassionate Appointment Despite Elder Son Serving In Army

Case Title: GENERAL ADMINISTRATION DEPARTMENT v. PREMSINGH

Citation: 2022 LiveLaw (MP) 42

The Madhya Pradesh High Court, Indore Bench recently upheld the decision of a single bench wherein the Writ Court had directed the State to consider the younger son of a deceased government employee for compassionate appointment, despite his elder son serving in the Indian Army. The division bench of Justice Vivek Rusia and Justice Pranay Verma noted that the elder son, though was in regular employment, lived separately, had constituted his own family and was not in a position to provide financial aid to the deceased's family, i.e. deceased's wife and younger son.

'Concentrate On Completing Education': Madhya Pradesh High Court Advises Adult Woman Wanting To Marry Outside Religion

Case Title: FAISAL KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS

Citation: 2022 LiveLaw (MP) 43

The Madhya Pradesh High Court on Tuesday, directed the release of an adult woman confined at Nari Niketan, who was facing opposition in her family for wanting to marry a man outside her religion. The division bench of Justice Sheel Nagu and Justice Manindar Singh Bhatti further advised her to concentrate on finishing her studies, stating that marriage, though important, can be postponed when pitched against education.

Bank Unilaterally Changing Amount Payable Under 'One Time Settlement Scheme' Contrary To Doctrine Of Legitimate Expectation: Madhya Pradesh HC

Case Title: Mohanlal Patidar v. Bank of Maharashtra and Anr. and connected matters

Citation: 2022 LiveLaw (MP) 44

The Madhya Pradesh High Court recently held that a Bank cannot unilaterally change the quantified OTS (One Time Settlement) amount as the same would be against the principles of natural justice, and also runs contrary to the doctrine of Legitimate Expectation.

The division bench of Justice Sujoy Paul and Justice D.D. Bansal was essentially dealing with a writ petition filed by the Petitioner who was aggrieved by the order of the Respondent Bank, whereby the latter had unilaterally increased the quantified OTS amount from Rs. 36,50,000/- to Rs. 50,50,000/-.

Case Not Registered Under Proper Sections To Extend Benefits To Accused: Madhya Pradesh High Court Directs Action Against Police Officers

Case Title: SANJAY SINGH BAGHEL v. THE STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 45

The Madhya Pradesh High Court recently directed the Superintendent of Police, District Shahdol to take appropriate action against the 'delinquent' police officers for not registering a case under proper sections, allegedly to extend the benefits to the accused. Justice Vishal Mishra was essentially dealing with the second bail application moved by the Applicant accused U/S 409, 420 & 34 IPC.

Post Of Water Carrier Constable In Police Force Not A Technical Job: Madhya Pradesh High Court

Case Title: STATE OF M.P. v. SUNNY KARARI

Citation: 2022 LiveLaw (MP) 46

Madhya Pradesh High Court, Indore Bench, recently held that the Post of Constable (Water Carrier) in Police department is not a technical job and accordingly, rejected the contention of the State that the said post being technical, required a higher degree of medical fitness than what the Petitioner in this case possessed. The division bench of Justice Vivek Rusia and Justice Rajendra Kumar (Verma) was dealing with a writ appeal preferred by the State against the order of the Writ Court, whereby the State was directed to issue a consequential appointment order in favour of the Petitioner (Respondent in Appeal), along with other benefits.

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith

Case Title: Suresh Upadhyay vs. State of Madhya Pradesh & others

Citation: 2022 LiveLaw (MP) 47

The High Court of Madhya Pradesh recently set aside the order of preventive detention passed by the District Magistrate, holding that he failed to discharge his obligation, in as much as forwarding the case to the State Government after nearly 10 days of passing the respective order.

The division bench of Justice Sheel Nagu and Justice D.D. Bansal was essentially dealing with a writ petition filed by the Petitioner, wherein he was challenging the order of preventive detention passed by the District Magistrate (DM), Bhopal, by invoking Section 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter, 'Act of 1980').

Madhya Pradesh High Court Grants Stay Against State Govt. Policy Of Increasing OBC Reservation From 14% To 27% In Ayush PG Entrance Test

Case Title: Anamika Tomar v. State of Madhya Pradesh & Ors

Citation: 2022 LiveLaw (MP) 48

The High Court of Madhya Pradesh recently granted stay against the policy of the State Government to increase the reservation for the OBC category from 14% to 27%, for admission in the All India Ayush Postgraduate Entrance Test, 2021.

The division bench of Justice Sheel Nagu and Justice Manindar Singh Bhatti was essentially dealing with a writ petition filed by the Petitioner, questioning the validity of Section 4(2)(i)(a) and (b) of the Madhya Pradesh Lok Seva (Anusuchit Jatioyon, Anusuchit Janjatiyon Evam Anya PichhdaVargon to Arakshan) Adhiniyam 1994 for admission in the All India Ayush Postgraduate Entrance Test, 2021. The Petitioner, who was desirous to get admission in the said Entrance Test was further challenging the Gazette Notification, dated 8.03.2019.

Conduct Of Internal Elections Of A Political Party Not Controlled By ECI's Guidelines Framed Under Article 324: MP High Court

Case title - Shaikh Shahrukh v. Youth Congress Election Authority and others

Case Citation: 2022 LiveLaw (MP) 49

The Madhya Pradesh High Court has recently observed that the conduct of internal elections of any political party cannot be adjudged on the basis of guidelines framed by the Election Commission of India under Article 324 of the constitution.

The bench of Justice Purushaindra Kumar Kaurav further clarified that the Election Commission of India, under Article 324 of the Constitution, does not frame any guideline for the conduct of organizational election of any political party.

Article 19 | MP HC Dismisses Challenge To Induction Of More Tourist Guides In Tiger Reserve On Ground Of Reduction In 'Employment Possibilities'

Case Title: Bandhavgarh Guides Association & Anr. v. State of Madhya Pradesh & Ors

Citation: 2022 LiveLaw (MP) 50

The High Court dismissed a writ petition filed by the Bandhavgarh Guides Association, challenging the resolution passed by the Local Advisory Committee, Bandhavgarh Tiger Reserve, to induct 50 additional tourist guides.

Justice Purushaindra Kumar Kaurav was of the opinion that such a resolution of the Local Advisory Committee should not be interfered with in exercise of powers vested under Article 226 of the Constitution, because the decision has been taken by the experts of the field based on the local requirement.

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court

Case Title: Ichhashankar Vs. State of MP

Case Citation: 2022 LiveLaw (MP) 51

The Madhya Pradesh High Court, Gwalior Bench dismissed a criminal revision, whereby the Applicant was praying for re-examination of witnesses in a trial, holding that change of counsel cannot be a ground for recall of the witnesses.

Furthermore, it noted that if the Applicant felt that his previous Counsel had indulged in professional misconduct, he should report the same to the Bar Council, since the Court cannot presume a lawyer's incompetency.

Registering Offence Of Corruption Against Public Servants Merely On Written Complaints Without Supportive Material Disastrous: Madhya Pradesh HC

Case Title: Narendra Mishra v. The State Of Madhya Pradesh Through P.S. Special Police Establishment Lokayukt Jabalpur (M.P.)

Citation: 2022 LiveLaw (MP) 52

The High Court quashed the charge-sheet and consequential proceedings in a case registered for offences under the Prevention of Corruption Act, 1988 (PC Act), observing that the investigating agency proceeded for prosecution based on half-baked material, and that allowing trial to proceed on the basis of the same would be an exercise in futility, inevitably resulting in the discharge of the accused.

The division bench of Justice Sheel Nagu and Justice Purushaindra Kumar Kaurav was essentially dealing an application under Section 482 of CrPC, seeking directions of the Court to quash the charge-sheet and the consequential proceedings against the Applicant for offence under Section 7 of the PC Act.

'Can't Direct State To Enact A Law': MP HC Dismisses PIL For Fixing Ceiling Limit On Expenses Incurred By Candidates In Local Body Elections

Case Title: Nagrik Upbhokta Marg Darshak Manch and Anr. v. State Of Madhya Pradesh and Anr.

Citation: 2022 LiveLaw (MP) 53

The High Court dismissed a Public Interest Litigation, which had sought for the Court's direction to the state government to take a final decision on the representation submitted by the Petitioner for fixing a limit of the expenses to be incurred by candidates contesting elections to various posts held under the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993.

Dismissing the petition, the division bench of Chief Justice Ravi Malimath and Justice Dinesh Kumar Paliwal held that a writ for mandamus cannot lie to direct the state to enact a law.

Registrar Co-Operative Society Exercising Power Of Election Tribunal Cannot Issue Interim Direction Of Any Nature: Madhya Pradesh High Court

Case Title: Vikas Tiwari v. The state of madhya pradesh and ors.

Citation: 2022 LiveLaw (MP) 54

The High Court held that the Registrar Co-operative Society exercising power of the election tribunal cannot pass an interim order to restrain newly elected members of a society from executing their duties.

The division bench of Chief Justice Ravi Malimath and Justice Dinesh Kumar Paliwal was dealing with a writ appeal preferred by the Appellant against the order passed by the single bench of the Court, whereby it had upheld the order of the Registrar to restrain the Petitioner from exercising their power in the Society concerned.

Madhya Pradesh High Court Grants Bail To Man Accused Of Hiding Religious Identity From Prosecutrix & Committing Rape Under False Pretext Of Marriage

Case Title: Tousif Kha S/o Yusuf Kha V/s. State of M.P. & Others

Citation: 2022 LiveLaw (MP) 55

The High Court Indore Bench granted bail to one Tousif Khan, accused of developing relationship with a woman by lying to her about his religious identity and thereby committing rape under a false pretext of marriage.

The Court noted that the Prosecutrix was apparently a major at the time of the incident and from her statements, the probability of her being a consenting party cannot be ruled out.

Children Aged 16 Yrs, Competent To Decide Their Inclination To Reside With Either Parent: Madhya Pradesh HC Refuses To Grant Custody To Mother

Case Title: Jaya Chakravarti Versus The State of Madhya Pradesh and others

Citation: 2022 LiveLaw (MP) 56

The High Court, Indore Bench refused to pass an order of child custody in favour of the Appellant-mother, upon noting that the children themselves had expressed their inclination to reside with their father.

"It is true that both of them are minor, however, the age of 16 years is not such an age where a child, given a choice, is not able to make up his or her mind as to his or her inclination to reside with either of the parents. In the present case, this choice has been exercised in favour of the father and thus, despite agreeing with the contentions of the appellant/petitioner regarding the legality of the impugned order, the learned Writ Court has not found it to be appropriate to hand over the custody of the children to the appellant/petitioner/wife," division bench of Justice Subodh Abhyankar and Justice Satyendra Kumar Singh observed.

Can Special Judge Under Electricity Act Try Case Also Involving Offences Under IPC? Madhya Pradesh High Court Answers

Case Title: In Re. Special Judge (Electricity Act) No.5, Indore

Citation: 2022 LiveLaw (MP) 57

Answering a reference requested by the lower court, the High Court Indore Bench held that a Special Judge under the Electricity Act, 2003 can try a case, wherein the accused is also charged for offences punishable under the Indian Penal Code.

'Exercise Discretion With Humane Consideration': MP High Court Directs State To Consider Request Of Visually Impaired Teacher For Preferable Posting

Case Title: Bharti Meshram v. State of madhya pradesh

Citation: 2022 LiveLaw (MP) 58

The High Court directed the State Government to sympathetically consider the representation of a government school teacher, who was 100 percent visually impaired, for a posting based on her preference.

The case of the Petitioner was that she was a resident of Waraseoni, District Balaghat and was 100 percent visually impaired. She was recently appointed as a Middle School Teacher of a Government School at Sarouli, District Jabalpur. The said school being 300 kms away from her hometown, she made two representations to the concerned authorities, requesting for a posting near her hometown, but the same were kept pending. Therefore, she filed the writ petition seeking direction of the Court to the Respondents to consider her case sympathetically and give her a posting based on her three preferences.

Petitioners Not Being Employees Have No Legal Right To Stop Govt From Outsourcing Services: Madhya Pradesh High Court

Case Title: Sandeep Kumar Pathak & Others Vs. The State of Madhya Pradesh & Others

Citation: 2022 LiveLaw (MP) 59

The High Court held that the Petitioners, who were working for an agency that was hired by the State, did not have a legal right to stop the government from outsourcing services in the interest of the economy and efficiency.

Justice S.A. Dharmadhikari was dealing with a batch of petitions that were challenging the order passed by the State Government, whereby it decided to outsource the services through an outsourcing agency and had also directed for fresh selection for appointment on the post of Assistant Grade- III/Data Entry Operator by conducting an open written examination.

Madhya Pradesh High Court Orders Removal Of All Illegal Statues Erected At Public Places, Imposes ₹30K Cost On State

Case Title: Greeshm Jain v. The state of madhya pradesh and ors.

Citation: 2022 LiveLaw (MP) 60

Deciding a Public Interest Litigation, the High Court directed the State Government to remove all statues erected at public places on or after 18.01.2013, throughout the State. It further imposed a cost of Rs. 30,000 on the State 'for wasting the precious time of Court in dealing with this avoidable piece of litigation.'

The division bench of Justice Sheel Nagu and Justice Purushaindra Kumar Kaurav was essentially dealing with a PIL filed by a lawyer raising the public cause against erection of a 10 feet tall statue of a former Chief Minister at a busy tr-junction in Bhopal.

Madhya Pradesh High Court Imposes ₹25K Cost On Police Officer For Furnishing Incorrect Information To Court

Case Title: Ajay Kori s and anr. V. State of madhya pradesh

Citation: 2022 LiveLaw (MP) 61

The High Court imposed a cost of Rs. 25,000 on a Station House Officer for providing incorrect information to the Court regarding criminal antecedents of the bail Applicants in a case.

Justice Vishal Mishra was essentially dealing with an application under Section 482 of CrPC, moved by the Applicants seeking a modification in their bail order passed by the Court earlier. The bail application was allowed, subject to the verification of the fact that the Applicants were first time offenders. However, during the furnishing of bail, it was revealed that the Applicants weren't first time offenders.

Deepali Jadhav V. The State Of Madhya Pradesh And Anr.; 2022 LiveLaw (MP) 76

'Sufficient Material Shown To Convict Appellant': Madhya Pradesh High Court Denies Bail To Man Convicted For Offences Under UAPA And Explosives Act

Case Title: MOHD. ADIL Vs. THE STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 62

The High Court of Madhya Pradesh denied bail to the Appellant convicted for offences punishable under the Unlawful Activities (Prevention) Act, 1967 and the Explosive Substances Act, 1908, observing that the contentions put forth by the Appellant would have to be considered at the later stage of final hearing.

The division bench of Chief Justice Ravi Malimath and Justice Dinesh Kumar Paliwal was dealing with an application U/S 389 CRPC for suspension of sentence and grant of bail, filed by the Appellant convicted by the trial court U/S 16(B), 18 UAPA, and U/S 6 Explosive Substances Act.

'Inefficient, Ignorant Of Basic Common Sense': Madhya Pradesh High Court Orders Inquiry Against Police Officer For Investigating In Wrong Direction

Case Title: HIMANSHU @ MINTU DAY v. THE STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 63

The Madhya Pradesh High Court directed the Director General Of Police to seek explanation from an Investigating Officer, for 'wasting his time and resources in a wrong direction', while investigating a case.

Justice Vivek Agarwal was dealing with a bail application moved by the Applicant accused for offences punishable under Section 363, 366A, 376(2)(n) IPC and also under Section 5, 6 of POCSO Act.

Madhya Pradesh High Court Laments At Bureaucrats Passing Orders Being Oblivious To Principles Of Natural Justice, Manifesting Heedlessness

Case Title: DILEEP KUMAR YADAV S/O MOHAN YADAV v. THE STATE OF MADHYA PRADESH AND ORS.

Citation: 2022 LiveLaw (MP) 64

The High Court of Madhya Pradesh set aside an order passed by the Collector, terminating the contractual services of a Gram Rojgar Sahayak, by observing that the said order was passed without following the principles of natural justice.

Justice Sanjay Dwivedi was essentially dealing with a writ petition, wherein the Petitioner was challenging the order passed by the Collector, District Betul, whereby his contractual service as Gram Rojgar Sahayak was terminated for his alleged actions of misappropriating government money.

'Child In Conflict With Law Can't Be Treated As Under Trial Prisoner U/S 436-A CrPC': Madhya Pradesh High Court

Case Title: Vidhi ka Ulaghan Karne Wala Balak Versus State of M.P. & Anr.

Citation: 2022 LiveLaw (MP) 65

The Madhya Pradesh High Court, Gwalior Bench held that a Child in Conflict with Law (CCL) cannot be treated as an undertrial prisoner as contemplated under Section 436-A CrPC, since arrest/ confinement/ apprehension are not contemplated in Juvenile Justice (Care and Protection of Children) Act, 2015.

Justice Anand Pathak was essentially dealing with a criminal revision preferred by a CCL, challenging the order passed by the lower court, whereby his appeal was dismissed and the order passed by the Juvenile Justice Board was affirmed.

'Important To Rejuvenate Ideas Of Love & Mercy': Madhya Pradesh High Court Directs Murder Accused To Plant Saplings As Condition For Bail

Case Title: Kalla @ Vidyaram Vs. State of M.P.

Citation: 2022 LiveLaw (MP) 66

The Madhya Pradesh High Court, Gwalior Bench directed a Bail Applicant to plant five saplings of any 'fruit bearing tree' or 'Neem/Pipal tree', as one of the conditions for granting him bail.

Justice Anand Pathak however made it clear that the bail plea was allowed based on the merits of the case and not in exchange for any social service.

"Bail is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits," the Bench said.

Plea Based On Newspaper Reports, No Inquiry Into Facts Conducted: MP HC Dismisses PIL Against Govt Hospital For Medical Negligence With ₹10K Cost

Case Title: Pramod Kumar v. State of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 67

The Madhya Pradesh High Court, Indore Bench dismissed two petitions in the nature of Public Interest Litigation, seeking action against a government hospital for its alleged negligence that led to disruption of oxygen supply, causing death of its 17 patients.

The division bench of Justice Vivek Rusia and Justice Amar Nath (Kesharwani) was dealing with two writ petitions in the nature of PIL, whereby the Petitioners were seeking criminal as well as disciplinary action against the persons responsible for the death of innocent people along with a heavy amount of compensation to family members of the victims. By way of interim relief, they had also sought for an investigation/inquiry by an independent agency, headed by a retired High Court Judge.

High Court Permits Candidates From Other States To Appear For Madhya Pradesh State Civil Services Exam

Case Title: Adam Khan v. State of MP& Ors.

Citation: 2022 LiveLaw (MP) 68

The Madhya Pradesh High Court on Tuesday held that the candidates belonging to other states will also be permitted to participate in the MP State Civil Services Exam (MPSC). It further directed the MP Public Service Commission to make adequate improvisation in its website to permit such candidates to submit their application forms.

Justice Vivek Agarwal was essentially dealing with a writ petition filed by a resident of Jharkhand who was unable to register himself for the MPSC exam. He sought for a direction to the authorities to open application forms for the MPSC Examination, 2021, for which the last date for submission is March 12, to all the candidates irrespective of the domiciles..

Dowry Death | Paramour Of Mother-in-Law Not Family Member Within Ambit Of S. 304B IPC: Madhya Pradesh High Court

Case title : Raghunandan Dhakad Vs. The State of M.P.

Citation :2022 LiveLaw (MP) 69

The High Court of Madhya Pradesh, Gwalior Bench held that the paramour of mother-in-law of the deceased would not come within the ambit of Section 304-B IPC, since he cannot be considered to be a family member of the husband of the deceased for the purpose of Section 304-B and 498-A IPC.

Justice Anand Pathak was dealing with a criminal revision preferred by the Applicant, challenging the order passed by the trial court, whereby the court framed charges against him for offences punishable U/S 304-B R/W 109 IPC.

'Casual Approach Towards HC Directions': Madhya Pradesh High Court Directs Lower Court To Conclude Remaining Murder Trial In 30 Days

Case title : Ramdayal Charmkarr v State of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 70

The Madhya Pradesh High Court directed an Additional Sessions Judge to conclude the remaining trial of a murder case within 30 days or else he would be liable to provide a detailed explanation for each days' delay.

The single bench of Justice Vivek Agarwal directed as follows-

Let trial be now concluded within a period of 30 days from the date of receipt of copy of this order being passed today i.e. on or before 8th April, 2022, otherwise Presiding Officer will be liable to give explanation for delay of each and every day along with the fact that why he is shy of exercising his authority in terms of the provisions contained in the Code of Criminal Procedure.

'Right To Live As Per Own Will': MP High Court Refuses To Interfere With Decision Of Adult Woman To Move Out Of House To Pursue Studies

Case title: Siddhi Gupta v State of Madhya Pradesh

Citation:2022 LiveLaw (MP) 71

The Madhya Pradesh High Court on Wednesday refused to accede to the request of a family to bring their adult daughter (Petitioner) back to them, under police custody, and to further hand her over to them. The Petitioner, who eloped from her house to pursue further studies and aspired to be an IAS Officer, had approached the Court seeking protection from her family

Justice Nandita Dubey was dealing with a writ petition filed by a 20-year-old woman who was worried about her safety, pursuant to an F.I.R. lodged by her uncle, from whose house she went missing.

'FIR Does Not Indicate Which Control Order Is Violated, Prosecution Not In Accordance With Law': MP HC Quashes Case Under Essential Commodities Act

Case Title: Krishnapal Singh Kansana Vs. State of MP and Anr.

Citation: 2022 LiveLaw (MP) 72

The Madhya Pradesh High Court, Gwalior Bench quashed the F.I.R. and further criminal proceedings against the Applicant accused for offences under the Essential Commodities Act and Indian Penal Code, holding that prosecution launched by Police was not in accordance with law as they registered the case at their own instance, without taking permission of the Collector concerned or mentioning the Control Order violated by the Applicant.

Justice R.K. Shrivastava was dealing with an application under Section 482 CrPC, moved by the Applicant seeking directions of the Court to Quash the F.I.R. and further proceedings against him for offenses punishable under Section 3, 7 Essential Commodities Act, 1955 ("EC Act") and under Section 353, 186, 34 IPC.

Scheme Of Arms Act Nowhere Suggests Refusal To Renew License On Grounds Of Registration Of Criminal Case: Madhya Pradesh High Court

Case Title: Pawan Kumar Jain V State Of Madhya Pradesh

Citation:2022 LiveLaw (MP) 73

The Madhya Pradesh High Court held that a perusal of the Scheme of the Arms Act, 1959 nowhere suggests that the renewal of license can be refused on the grounds of registration of a criminal case.

Justice P.K. Kaurav was dealing with a writ petition, wherein the Petitioner was challenging the order of dismissal of his appeal under Section 18 Arms Act, whereby the order of the Licensing Authority was affirmed.

Appellate Authority Can't Unilaterally Order Reduction Of Medical College Seats U/S 28 Of National Medical Commission Act: Madhya Pradesh High Court

Case Title: People's College of Medical Sciences and Research Center and Ors. v. Union of India and Ors.

Citation: 2022 LiveLaw (MP) 74

The Madhya Pradesh High Court set aside the decision of the Appellate Authority to reduce seats in a medical course, observing that Section 28 of the National Medical Commission Act, 2019 does not permit the Appellate Authority to act as Medical Assessment and Rating Board, for the purpose of reduction of seats unilaterally.

The division bench of Justice Sujoy Paul and Justice D.D. Bansal was dealing with a writ petition filed by the Petitioner/College, aggrieved by the decision of the Appellate Authority under the 2019 Act, whereby the seats in a medical course were reduced from 7 to 5

MP High Court Grants Custody Of Looted Property Recovered By Police To Income Tax Department As The Same Was Not Disclosed By Complainant

Case Title: Jahar Singh Gurjar Vs. The State of M.P. & Another

Citation: 2022 LiveLaw (MP) 75

The Madhya Pradesh High Court, Gwalior Bench dismissed an application moved by a Complainant in a dacoity case, seeking custody of the recovered stolen cash to the tune of Rs. 45 Lakhs.

The Court held that since the said amount was not disclosed before the Income Tax Department (IT Department) prior to the incident, the same was liable to be handed over to the IT Department for assessment.

Tehsildar Who Allegedly Misused Post By Extending Undue Benefits To Husband Not Entitled For Protection Under Judges Protection Act: Madhya Pradesh HC

Case Title: DEEPALI JADHAV v. THE STATE OF MADHYA PRADESH AND ANR.

Citation: 2022 LiveLaw (MP) 76

The High Court of Madhya Pradesh Held that a Tehsildar, alleged to have misused her position by extending undue benefit to her husband as well as her servant was not entitled for protection under the Judges Protection Act, 1985.

The division bench of Chief Justice Ravi Malimath and Justice V.K. Shukla was dealing with a criminal revision, wherein the Applicant was challenging the order passed by the lower court, whereby she was denied protection under the Judges Protection Act, 1985 ("Act of 1985").

He Had Labour Pain?: Madhya Pradesh HC Orders Action Against Man Who Produced Fake Medical Documents Seeking Reinstatement In Service

Case Title: Atul Kumar Tiwari v. State of MP & Ors.

Citation: 2022 LiveLaw (MP) 77

The High Court requested its Registrar General to file a complaint case against the Petitioner for making false statements and producing fake medical documents before the Court.

Justice Atul Sreedharan was dealing with a writ petition, wherein the Petitioner was challenging the order passed by his employers, whereby his representation to condone his absence for the period from 2003 to 2006 on the grounds of serious illness and his reinstatement in service, was rejected.

Can't Suddenly Hand Over Adopted Child To Biological Parents, May Affect His Psychology: MP High Court Dismisses Habeas Corpus Plea For Custody

Case Title: Alka sharma and anr. V. The state of madhya pradesh and ors.

Citation: 2022 LiveLaw (MP) 78

The Madhya Pradesh High Court, Indore Bench refused to interfere in a matter related to custody of a child, holding that an adopted child cannot be handed over to his biological parents without enquiring whether the child has any knowledge of his parentage. The Court further noted that family courts are appropriate forums for such enquires since they are well equipped for the same.

Justice Vivek Rusia was dealing with a writ petition in the nature of Habeas Corpus, wherein the Petitioners being the biological parents of a 12-years-old child, were seeking custody of their child from his adoptive parents.

Candidature Can't Be Cancelled For 'Minor Errors': MP High Court Restores Job Offer Of Woman Who Entered Wrong Date Of Birth In Application

Case Title: Poonam Pal D/o Laxman Singh Pal Vs. Madhya Pradesh Gramin Bank

Citation: 2022 LiveLaw (MP) 79

The Madhya Pradesh High Court, Indore Bench directed a Government Bank to reverse its decision of cancelling the candidature of a successful candidate for the post of Office Assistant (Multi purpose) due to typographical error in date of birth, and to further issue appointment order in her favour.

Justice Pranay Verma observed,

"It is not the case of respondent itself that the petitioner has derived any advantage by entering the wrong date of birth in the application. There was no intentional misrepresentation on part of the petitioner as she had submitted her school Certificate. There is a difference between a mere inadvertent error and misrepresentation or suppression. Cancellation of candidature of petitioner on the ground of typographical error in her application form is hence arbitrary and grossly disproportionate to the gravity of her lapse."

Madhya Pradesh High Court Directs Police Protection For Woman Who Married Outside Her Caste

Case Title : Gadiya Sejal Ben V The State Of Madhya Pradesh

Citation : 2022 LiveLaw (MP) 80

The High Court of Madhya Pradesh directed police protection to a woman who married outside her caste, as she was being threatened by her parents for the same.

Justice Vishal Mishra was essentially dealing with a writ petition, wherein the Petitioner was seeking police protection for herself, her husband and her in-laws. She also sought for transit bail for her husband so that he could appear before the court of JMFC, District Surendranagar in Gujarat.

MP High Court Refuses To Quash Charges Framed Against Advocate U/S 19&21 POCSO Act For 'Ill-Advising' Rape Accused To Conceal Crime

Case Title: Hiralal Dhurve Vs. The State of Madhya Pradesh and others

Citation: 2022 LiveLaw (MP) 81

The Madhya Pradesh High Court refused to interfere with the charge framed against an Advocate under the POCSO Act for 'ill-advising' the accused and Prosecutrix in a rape case, suggesting them 'not to disclose true facts to the police'.

Justice Sanjay Dwivedi was dealing with a criminal revision preferred by the Applicant aggrieved by order of the trial court, whereby he was charged for offence punishable under Section 19 (Reporting of offences) and 21 (Obligation of media, studio and photographic facilities to report cases) POCSO Act.

Writ Petition By Association Maintainable Only When Court Satisfied That All Members Will Be Bound By Litigation: MP High Court

Case Title: SWAKSHTAGRAHI SANGH, JANPAD PANCHAYAT NIWAS V. UNION OF INDIA AND ORS.

Citation: 2022 LiveLaw (MP) 82

The Madhya Pradesh High Court affirmed the decision of a Single Judge, dismissing a writ petition filed by an Association on the ground that the resolution passed by its members neither specified that the Association was being authorised to file the petition on their behalf nor did it clarify whether the members would abide by the decision rendered in the petition.

The division bench of Chief Justice Ravi Malimath and Justice P.K. Kaurav was dealing with a writ appeal preferred by the Appellant/Association which was aggrieved by the decision of the single bench of the Court. While dismissing the writ petition, the Writ Court had cited the decision of a division bench of the Court in Prabhat v. Barkatulla University and held that the Petitioner/Association did not fulfil the criteria as laid down in the case.

Madhya Pradesh High Court Orders Enquiry Against Police Officer For Suppressing Evidence In Rape Case

Case Title: Shivkumar Kushwaha V The State Of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 83

The High Court directed enquiry against a Police Officer for suppressing evidence, by not furnishing information regarding the video clip of the alleged rape in the case diary, which was sent to the Office of the Advocate General.

Justice Vivek Agarwal was dealing with a bail application moved by the Applicant accused for offences punishable under Sections 376 (rape), 506 (criminal intimidation) IPC, under Sections 3,4 POCSO Act, under Sections 3(1)(W)(ii), 3(2)(v) SC ST (Prevention of Atrocities) Act and under Sections 67, 67(A) The Information Technology Act.

Income Disclosed Under Voluntary Disclosure Scheme Cannot Be Included With Regular Income ;Madhya Pradesh High Court

Case Title: Subhash Chandra Versus Commissioner Of Income Tax, Indore And Others

Citation: 2022 LiveLaw (MP) 84

The Madya Pradesh High Court ruled that income disclosed under Voluntary Disclosure Scheme cannot be included with the regular income declared under Income Tax Act as the tax paid under the Scheme cannot be refunded at any cost.

The Bench, consisting of Justices Vivek Rusia and Amar Nath Kesharwani, has held that tax paid under Voluntary Disclosure Scheme and tax paid under Income Tax Act are different and there cannot be any adjustment between them. The Bench added that an assessee cannot be permitted to disclose part of his income under Voluntary Disclosure Scheme and other part of his income in an income tax return filed belatedly under the Act.

Juvenile Justice Act | Preliminary Assessment U/S 15 Not Required For Grant Of Bail U/S 12: Madhya Pradesh High Court

Case Title: Prahlad Singh Parmar Vs. State of MP and others

Citation: 2022 LiveLaw (MP) 85

The Madhya Pradesh High Court, Gwalior Bench recently held that the power of Juvenile Justice Board to grant bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 ("the Act") does not require a preliminary assessment under Section 15 of the JJ Act.

Justice G.S. Ahluwalia was essentially dealing with a criminal revision under Section 102 of the Act, wherein the Applicant was challenging the order passed by the JJB, whereby it granted bail under Section 12 of the Act to a child alleged to be in conflict with law.

Opportunity To Make Representation Against Preventive Detention Must Be Given Before Detaining Authority, Not State Govt: Madhya Pradesh High Court

Case Title : Rajnish Kumar Tiwari V The State Of Madhya Pradesh and ors

Citation: 2022 LiveLaw (MP) 86

The Madhya Pradesh High Court set aside an order of preventive detention on the ground that the detenu was not given an opportunity to submit a representation before the detaining authority, which was in violation of his fundamental rights under Article 22(5) of the Constitution of India.

The division bench of Justice Sheel Nagu and Justice M.S. Bhatti was essentially dealing with a writ petition filed by the Petitioner, wherein he was seeking directions of the Court to quash the order of his detention, passed by the District Magistrate pursuant to his power under Section 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

Madhya Pradesh High Court Upholds Punishment Of Compulsory Retirement Of Court Staff For Taking ₹10 As Bribe

Case Title :Kanak Kumar Shrivastava V The Registrar General And Ors

Case Title: 2022 LiveLaw (MP) 87

The Madhya Pradesh High Court upheld its decision of not interfering with the order passed by the Disciplinary Authority, directing compulsory retirement of a court reader as punishment for taking bribe of Rs. 10.

The division bench of Justice Sheel Nagu and Justice M.S. Bhatti was essentially dealing with a writ petition filed by the Petitioner seeking direction of the Court to quash the impugned orders of his punishment and arrears for the period of his suspension.

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Case Title: Vishal Kushwaha v. Ragini Kushwaha

Citation: 2022 LiveLaw (MP) 88

The Madhya Pradesh High Court held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible.

The division bench of Justice Sheel Nagu and Justice D.K. Paliwal was dealing with first appeal under Section 28 of Hindu Marriage Act, 1956 preferred by the Appellant/husband against the order of the lower court, whereby the application for mutual divorce of the Appellant and his wife under Section 13B of the Act was rejected.

Madhya Pradesh High Court Dismisses PIL Filed 'In The Guise Of Preventing Criminal Action', Imposes Cost Of Rs. 1 Lakh

Case Title: Private Paramedical Colleges Welfare Association v. State of madhya pradesh and ors.

Citation: 2022 LiveLaw (MP) 89

Dismissing a PIL, the High Court of Madhya Pradesh imposed cost of Rs 1 Lakh on the Petitioner, observing that 'the provisions of public interest litigation were misused'. It further held that 'in the guise of preventing criminal action, no public interest litigation would lie'.

The division bench of Chief Justice Ravi Malimath and Justice P.K. Kaurav was essentially dealing with a writ petition filed in the nature of a PIL by an Association of Medical Colleges.

S.311 CrPC: Madhya Pradesh High Court Directs Trial Court To Recall Prosecutrix In Rape Case After She Changes Stance In Bail Proceedings

Case Title :Pahalwan Singh Vs State Of Madhya Pradesh & Another

Citation: 2022 LiveLaw (MP) 90

The Madhya Pradesh High Court allowed an application to recall Prosecutrix in a rape case for re-examination, corollary to 'material development' in the matter.

She had filed an affidavit before the Court in support of the Applicant/accused in his bail application, stating that he had not committed any crime upon her and that she would not object to him being enlarged on bail.

Incumbent Upon Trial Court To Fix Amount For Bail Bond Once High Court Orders Release Of Accused: Madhya Pradesh HC

Case Title: Urmila sen and anr. V. The state of Madhya Pradesh and anr.

Citation: 2022 LiveLaw (MP) 91

The Madhya Pradesh High Court directed the lower court to ascertain the value of bail bond of the Applicant who was granted bail by the High Court, without mentioning the bail amount.

The Court further directed the trial court to remain cautious while dealing with a bail order, as it had refused to ascertain amount for bail bond despite being made aware of the decision of the Apex Court in Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.

High Court Can Exercise Inherent Jurisdiction U/S 482 CrPC To Modify Bail Conditions, S.362 CrPC Not Bar: Madhya Pradesh HC

Case Title: Jagdish arora and anr v. Union of india

Case Citation: 2022 LiveLaw (MP) 92

The Madhya Pradesh High Court amended a condition of Bail of two persons accused of tax evasion, which would consequently allow them to travel abroad 'in furtherance of their business and professional pursuits.'

The division bench of Justice Sheel Nagu and Justice M.S. Bhatti was essentially dealing with an application under Section 482 CrPC moved by the Applicants accused under Section 132(1)(a) and 132(1)(i) of Central Goods and Services Tax Act, 2017, seeking amendment in one of their conditions for bail, which would allow them to travel to Germany for business purposes.

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Case Title : Dadhibal Prasad Jaiswal V Smt. Sunita Jaiswal

Case Citation: 2022 LiveLaw (MP) 93

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the order of the lower court allowing revision against rejection of an application under Section 91 CrPC, moved by his wife.

'Indore City Cleanest In India': Madhya Pradesh High Court Says Municipal Corporations Can Clear Scrap Material From Private Land If Owners Don't

Case Title : Smt. Farha @ Premlata and ors v Indore Municipal Corporation and ors.

Case Citation: 2022 LiveLaw (MP) 94

Citing environmental concerns, the Madhya Pradesh High Court, Indore Bench recently refused to interfere with the direction of the Writ Court, whereby the landowners were directed to remove scrap material and other items from their land. The division bench of Justice Vivek Rusia and Justice A.N. Kesharwani was dealing with a writ appeal preferred by Appellants who were aggrieved by the order of the Writ Court, whereby the Municipal Corporation was directed to remove scrap material and other items from the land of the Appellants/Petitioners.

MP High Court Directs Govt. Medical College To Issue Appointment Letter To Candidate Selected For Post Of Assistant Professor

Case Title: DR. SURYA TIWARI v. THE STATE OF MADHYA PRADESH AND ORS.

Case Citation: 2022 LiveLaw (MP) 95

The High Court of Madhya Pradesh recently directed a Government Medical College to issue appointment letter to the Petitioner, who was a successful candidate for the post of Assistant Professor in the said Institution.

The case of the Petitioner was that she had appeared for the interview round for the post of Assistant Professor in a Government Medical College at District Vidisha. She was later declared to be a successful candidate under the general category. However, the College did not issue the letter of appointment even after 40 days of announcing the result. She argued that due to some political pressure, the authority concerned was trying to recruit some other candidate instead of her. She further submitted that despite having shortage of faculty in medical colleges across the State, the authorities are dragging their feet to issue her the appointment letter.

Family Of Person Employed In Regular Work-Charged Establishment, Cannot Be Deprived Of Pension Which It Would Be Entitled By Virtue Of Mp Pension Rules, 1979: Madhya Pradesh High Court

Case Title : Smt. Kala Devi v State of M.P. and others

Case Citation: 2022 LiveLaw (MP) 96

The High Court of Madhya Pradesh, Gwalior Bench recently held that a harmonious reading of Rule 4A, 6 (3) of M.P. Pension Rules, 1979 and Rule 47 of M.P. Civil Services (Pension) Rules, 1976 would reveal that family of a person employed in a regular work-charged establishment, cannot be deprived of the pension, which it would be entitled for by virtue of Rule 4A of Rules, 1979.

The Division Bench of Justice Rohit Arya and Justice M.R. Phadke was dealing with a writ appeal preferred by the Appellant against the order passed by the Writ Court, wherein her prayer for directing the State to provide her with family pension was rejected.

MP High Court Grants Temporary Bail To Rape Accused For Taking Care Of Wife & Repairing Dilapidated Dwelling

Case Title: Dilip alias Kalu Pal Vs. State of M.P.

Case Citation: 2022 LiveLaw (MP) 97

The Madhya Pradesh High Court, Gwalior Bench on Tuesday, granted temporary bail for 45 days to a rape accused to take care of his injured wife and to repair his house, which was in a poor condition.

Justice G.S. Ahluwalia was dealing with the fourth bail application moved by the Applicant accused for offences punishable U/S 376(d) and 304/34 IPC. The Applicant had submitted that although in the DNA test report, his DNA profile was found in the incriminating articles of the Prosecutrix, the DNA test report appeared to be suspicious. He further submitted that his wife had fallen from a bike, sustaining injuries. He also pleaded before the Court that his house was in a dilapidated condition and if it was not repaired, it may fall in the rainy season. For the said reasons, he sought for a grant of temporary bail for a period of six months.

Insecticide Not An Essential Commodity Under Essential Commodities Act: Madhya Pradesh High Court

Case Title: Amrutlal Sanghani and Ors. v. State of Madhya Pradesh and Ors.

Case Citation: 2022 LiveLaw (MP) 98

The Madhya Pradesh High Court on Tuesday held that 'insecticide' does not figure in the Schedule annexed to the Essential Commodities Act, 1955 and thus, the provisions and offences mentioned therein are not attracted relating to 'insecticide'.

The Court thereby quashed the FIR registered against the Applicants under the Act, holding that insecticides do not come under the ambit of the Essential Commodities Act. The FIR also contained allegations under the Insecticides Act but the same was quashed for the reason that they were non-cognizable in nature.

State Services Exam Rule Barring Meritorious Reserved Category Candidates From Merging In General Seats Discriminatory: MP High Court

Case Title: Kishor Choudhary v. State of Madhya Pradesh and Anr., with connected matters

Case Citation: 2022 LiveLaw (MP) 99

The Madhya Pradesh High Court on Thursday, struck down Rule 4(3)(d)(III) of M.P. State Services Examination Rules, 2015 which barred meritorious candidates from reserved categories to secure birth as unreserved candidates at the stage of preliminary and main examinations, as unconstitutional.

Observing that the impugned rule led to 'Artificial classification', the division bench of Justice Sujoy Paul and Justice D.D. Bansal called it 'arbitrary, discriminatory and violative of equality clause enshrined in Article 14 of the Constitution'-

'For Award To Become Binding, It Should Be Passed In Compliance With Principles Of Natural Justice': Madhya Pradesh High Court

Case Title: MUNICIPAL CORPORATION, DHAR v. NASREEM

Case Citation: 2022 LiveLaw (MP) 100

Setting aside an ex-parte award, the Madhya Pradesh High Court, Indore Bench recently held that an award by labour court becomes binding only when it is passed in compliance with the principles of natural justice.

Relying on the decision of the Apex Court in Haryana Suraj Malting Limited vs. Phoolchand, Justice Anil Verma observed-

Merely because an award had become enforceable, it does not mean that it had become binding. For an award to become binding, it should be passed in compliance with the principles of natural justice. An award passed denying an opportunity of hearing when there was a sufficient cause for non-appearance could be challenged on the ground of it being nullity. An award which is a nullity could not be and should not be a binding award.

Unbecoming Of A Person Donning Silk To Address Court This Way: MP High Court Calls For 'Strictest' Action Against Senior Counsel

Case title - Prakash Singh and Nandita Singh v. State of MP and anr

Case Citation: 2022 LiveLaw (MP) 101

The Madhya Pradesh High Court voiced its disapproval to an attempt made by Senior Advocate Mrigendra Singh to call for the recusal of the presiding judge (Justice Atul Shridharan) saying that he should rescue himself because of an apparent bias on the Judge's part. In response to the call made by the Senior advocate, the Bench observed that the designation of any Advocate as a Senior Advocate is an investiture of Honour for his vast knowledge, erudition, articulation, and legal acumen.

Claim For Maintenance U/S 125 CrPC Lies Where Parties Reside, Not Places Where "Flying Visits" Are Made: MP High Court

Case Tite :Nirman Sagar Vs. Smt. Monika Sagar Chaudhari and another

Case Citation: 2022 LiveLaw (MP) 102

The Madhya Pradesh High Court, Gwalior Bench has recently held that the word "resides" under Section 126 CrPC cannot be equated to a place where one makes 'a casual stay or a flying visit'.

The provision provides that proceedings for maintenance under Section 125 may be taken against any person in any district: (a) where he is, or (b) where he or his wife, resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

Long Standing Domestic Dispute Constitutes 'Mental Cruelty' To Spouse Who Intends To Live In Peace: Madhya Pradesh HC

Case title - Rajesh Bhoyale v. Smt. Mahadevi

Case Citation: 2022 LiveLaw (MP) 103

Dissolving a marriage on an appeal filed by the husband alleging cruelty at the hands of his wife, the Madhya Pradesh High Court recently observed that a long-standing dispute itself is mental cruelty to a party who intends to live in a domestic relationship and peace. The Bench of Justice Sheel Nagu and Justice Anand Pathak observed thus as it allowed the appeal filed by the appellant-husband against the judgment of the Family Court, Gwalior rejecting his application under Section 13 (1)(ia) of the Hindu Marriage Act 1955 seeking a divorce.

'Prosecutrix Was Aware Of His Religion': MP High Court Grants Bail To Man Accused Of Hiding Religious Identity & Committing Rape

Case Title: AHMED FAIZ v. THE STATE OF MADHYA PRADESH

Case Citation: 2022 LiveLaw (MP) 104

The Madhya Pradesh High Court, Indore Bench recently granted bail to the Applicant accused of hiding his religious identity, rape and further sending 'objectionable video clips' of the Prosecutrix to her fiance, which 'led to cancellation of her marriage'.

Justice Subodh Abhyankar was hearing a bail application under Section 439 CrPC moved by the Applicant accused of offences punishable under Section 376, 376(2)(n), 328 IPC and under Section 3, 5 of M.P. Freedom of Religion Act and under Section 66 (e) of I. T. Act.

'FIR Lodged With Revengeful Intent To Pressurize & Harass In-Laws': MP High Court Quashes FIR Registered U/S 498A IPC

Case Title: Alok Lodhi & Ors. Vs. State of MP & Anr.

Case Citation: 2022 LiveLaw (MP) 105

The Madhya Pradesh High Court, Gwalior Bench recently quashed the FIR filed by a wife against her in-laws under Section 498-A IPC, observing that the same was filed 'to wreak vengeance' and 'with a revengeful intent in order to pressurize and harass' her in-laws.

Justice R.K. Shrivastava was dealing with an application under Section 482 CrPC moved by the Applicants seeking directions of the Court to quash the FIR registered against them for offences punishable under Section 498A, 506, 34 IPC and the consequential criminal proceedings against them.

'Requisition Of Record From Arbitral Tribunal Not Akin To Remanding Matter': Madhya Pradesh High Court

Case Title: Anil Kumar Tripathi Vs. Doorsanchar Nigam Ltd. (BSNL)

Citation: 2022 LiveLaw (MP) 106

The High Court of Madhya Pradesh, Gwalior Bench recently held that a court can direct requisition of record from arbitral tribunal and that the same would not be akin to remanding the matter to the tribunal but to ascertain the exact nature of dispute through record of case

Justice Anand Pathak was essentially dealing with a writ petition moved by the Petitioner who was aggrieved by the order of the commercial court, whereby it sought for original record of arbitrator before considering the application U/S 34 of the Arbitration and Conciliation Act, 1996.

PG Medical Admission | Unfilled Reserved Category Seats For In-Service Candidates To Be Filled Category-Wise In Totality And Not Vertically As Within Compartment Only: MP HC

Case Title: Dr. Mohita Pandey v. State of Madhya Pradesh and Ors., with connected matters

Citation: 2022 LiveLaw (MP) 107

The High Court of Madhya Pradesh recently held that the unfilled reserved category seats within the 30 percent reserved quota for in-service candidates, for admission in Post-Graduation in Medical Courses, shall be filled by reserved category students. The Court rejected the contention raised by the Petitioners that since the 30 percent quota of seats were reserved for in-service candidates, the unfilled reserved category seats ought to be offered first to in-service candidates belonging to unreserved/general category

'Shocked Beyond Words As To How Such Direction Could Be Passed': MP High Court Imposes Rs.1 Lakh Cost On Petitioner For Creating 'False Documents' & Obtaining 'False Order'

Case Title: The State Of Madhya Pradesh V Shyam Sundar Sharma

Citation: 2022 LiveLaw (MP) 108

Setting aside the order passed by its single bench, the High Court of Madhya Pradesh recently expressed its shock over the conduct of the Petitioner for getting the matter listed before the Writ Court. The Court was also dismayed by the manner in which the single bench had passed the order, concluding that it was done to pre-empt the State from taking any action against the Petitioner for the illegal acts committed by him.

The division bench of Chief Justice Ravi Malimath and Justice P.K. Kaurav went on to impose a cost of Rs. 1,00,000/- on the Petitioner, observing that he had 'misused the rights granted to him, created false documents and obtained a false order.'

Madhya Pradesh High Court Warns Lower Court Judge For Allegedly Denying Bail On Caste Lines

Case Title: INDRAJEET PATEL v. THE STATE OF M.P.

Citation: 2022 LiveLaw (MP) 109

The Madhya Pradesh High Court recently warned an Additional Sessions Judge for allegedly showing bias by denying bail to the Applicant whose case was on a better footing than his co-accused who was granted bail despite recovery of stolen property

Taking strong exception to the conduct of the lower court judge, Justice Vivek Agarwal held-

Let warning be issued to the concerned Judge Shri Prashant Shukla, First Additional Session Judge, Maihar, District Satna and copy of this order and warning be placed in his service book to be more cautious and judicious in his approach in future so that image of the judiciary can be saved and such allegations of casteism and bias are not allowed to be levied so to tarnish collective image of judiciary.

Man Can't Run Away From Responsibility Towards Son & Wife By Simply Seeking Divorce To Serve His Parents: Madhya Pradesh High Court

Case Title: Parag Pandit V Smt.Sadhana

Citation: 2022 LiveLaw (MP) 110

The Madhya Pradesh High Court, Indore Bench recently dismissed the appeal preferred by Appellant/husband for grant of divorce, holding that being a husband and a father, he could not run away from the responsibility by simply taking divorce on the ground that he wants to serve his mother and father for the remainder of his life or that he and his wife were not living together for many years.

Elucidating the concept of marriage as per Hindu Laws, the division bench of Justice Vivek Rusia and Justice A.N. Kesharwani observed-

"Based on Hindu law, marriage is a sacred tie and the last of ten sacraments that can never be broken. Also, it is a relationship that is established by birth to birth. Also, it is not only considered as sacred but it is also a holy union. The main objective of marriage is to enable a woman and a man to perform their religious duties. Along with this, they also have to beget progeny. Based on ancient writings, a woman is considered half of her husband and thus completes him. While a man is also considered incomplete without a woman."

Arbitration Award Can't Be Challenged In Different Jurisdiction Stating That There Was No Arbitration Agreement: Madhya Pradesh High Court

Case Title: Parenteral Drugs (India) Limited versus Gati Kintetsu Express Pvt Ltd

Case Citation: 2022 LiveLaw (MP) 111

The Madhya Pradesh High Court has ruled that even if a party disputes the existence of an arbitration agreement, an application under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) to set aside an arbitral award cannot be filed in a Court not having jurisdiction under the arbitration agreement, solely on the ground that cause of action arose within its jurisdiction.

The Single Bench of Justice Subodh Abhyankar held that the contention that since there was no arbitration agreement between the parties, therefore, the arbitral award could also be challenged wherever the cause of action arose between the parties, would defeat the provisions of Section 16 and Section 34 of the A&C Act and lead to a chaotic situation.

MP High Court Suggests State To Consider Categorizing Penalties For Anganwadi Workers Along The Lines Of Service Rules As Major & Minor Punishments

Case Title: STATE OF M.P. AND ORS. VERSUS SMT. NIRMALA RAWAT

Citation: 2022 LiveLaw (MP) 112

The Madhya Pradesh High Court, Indore Bench recently suggested the State Government to amend the circular governing the service rules of Anganwadi Workers by categorising their penalties as major and minor punishments.

The Court further observed that irrespective of the gravity of mistakes of an Anganwadi Worker, the only recourse available to authorities to take action against them, as per the said circular, was their termination.

'Either IOs Deliberately Leaving Lacuna Or Don't Know Evidence Law': MP High Court Grants Bail To Man Arrested On Confession Of Co-Accused

Case Title: B.P.@ AMRAT SINGH GURJAR VS. STATE OF M.P.

Citation: 2022 LiveLaw (MP) 113

The Madhya Pradesh High Court, Gwalior Bench recently granted bail to a man arrested on the basis of the confessional statement of a co-accused, observing that lately, it has become a norm for the police department to file charge-sheet against accused persons merely on the basis of a confessional statement made by the other co-accused.

Hearing the bail application moved by the Applicant under Section 439 CrPC, Justice G.S. Ahluwalia noted-

In number of cases, it is being observed that the police is filing charge-sheet against the co-accused persons merely on the basis of confessional statement made by the co-accused. They do not try to collect any substantive evidence against the accused persons. It appears that either the Investigating Officer is deliberately leaving lacuna in the investigation or he does not know the law of evidence.

Benefit Of MEIS Scheme Can't Be Availed If Not Opted In Shipping Bill At The Time Of Export: Madhya Pradesh High Court

Case Title: Adroit Industries (India) Ltd. v. Union of India

Citation: 2022 LiveLaw (MP) 114

The Madhya Pradesh High Court bench of Justice Vivek Rusia and Justice Amarnath Kesharwani has held that the benefit of the Merchandise Exports From India Scheme (MEIS) cannot be availed if it is not opted for in the shipping bill at the time of export.

The petitioner/assessee, a private limited company, is in the business of manufacturing automobile parts. The petitioner has sought the declaration for relaxation/condonation of the procedure lapse of non-mentioning of MEIS scheme in the shipping bills at the time of export. The petitioner sought the direction that the MEIS be awarded to the petitioner on exports of their products via Shipping Bills issued in 2017-18 and 2018-19.

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused

Case Title : FATHER OF PROSECUTRIX-X v STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 115

The Madhya Pradesh High Court recently set aside the bail granted to rape accused under the provisions of POCSO Act, observing that although the medical report of the Prosecutrix did not mention any definite opinion of rape, it pointed out that her hymen was ruptured and two fingers were easily going in her vagina, which prima facie corroborated the fact that she was sexually abused.

Dealing with the application for cancellation of bail under Section 439(2) CrPC moved by the father of the Prosecutrix, Justice R.K. Dubey observ

Though, in the medical examination report of the prosecutrix, it is mentioned that no definite opinion can be given regarding rape but apart from that it is also mentioned that the hymen was old torn and two fingers were easily going in the vagina which prima facie corroborates the fact that she was sexually abused.

Live-In Relation A By-Product Of Constitutional Guarantee Of Art 21; It Promotes Promiscuity, Lascivious Behavior: Madhya Pradesh High Court

Case Title - ABHISHEK v. THE STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 116

The Madhya Pradesh High Court recently termed the bane of live-in-relationship as a by-product of the Constitutional guarantee as provided under Article 21 of the Constitution, and has observed that such relations promote 'promiscuity' and 'lascivious behavior', giving further rise to sexual offences.

"Those who wanted to exploit this freedom are quick to embrace it but are totally ignorant that it has its own limitations, and does not confer any right on any of the partners to such relationship," the bench of Justice Subodh Abhyankar further remarked as it rejected the anticipatory bail of a 25-year-old man who has been accused of raping a woman, with whom he allegedly had a live in relation.

S.340 CrPC Can't Be Invoked If False Statement In Application Did Not Impact Its Outcome: Madhya Pradesh High Court

Case Title : Smt. Kamla Sharma and others Vs. Sukhdevlal and others

Citation: 2022 LiveLaw (MP) 117

The Madhya Pradesh High Court, Gwalior Bench recently held that false statements made in an application under section 45 of the Indian Evidence Act, which did not have any impact on the outcome of the said application, cannot be a ground to initiate proceedings under section 340 CrPC.

Justice G.S. Ahluwalia was essentially dealing with an application under section 482 CrPC moved by the Applicants, aggrieved by the order of the lower court, whereby their application under section 340 CrPC was rejected.

Madhya Pradesh High Court Grants Temporary Bail To Murder Accused To Take Care Of Pregnant Wife

Case Title: RAVISH SOOD ALIAS AMAN Vs THE STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 118

The High Court of Madhya Pradesh recently granted temporary bail to a murder accused for 90 days so that he could take care of his pregnant wife, whose delivery was due in a week.

Justice Sanjay Dwivedi was dealing with a bail application U/S 439 CRPC moved by the Applicant accused for offences punishable U/S 302, 307, 294, 506, 147, 148, 149, 323, 324, 34 of the IPC.

The Applicant was seeking temporary bail on the ground that his wife was pregnant and her date of delivery was expected in a week. As submitted that as per the advice of the doctor, she was to be hospitalized. He further submitted that she would have to undergo surgery and that it would take her some time to recover. Accordingly, he prayed three months of temporary bail to take care of his wife as there was nobody in the family to look after her.

Madhya Pradesh High Court Dismisses PIL Accusing State Of "Demolishing" Houses Of Accused/ Suspects Without Lawful Sanction

Case Title: AMITABHA GUPTA v. STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 119

The Madhya Pradesh High Court on Wednesday dismissed a PIL seeking interference of the Court in the recent spree of demolishing houses and other pukka constructions by police in the State, belonging to people allegedly in conflict of law.

Questioning the locus standi of the Petitioner, a practicing advocate, the division bench of Chief Justice Ravi Malimath and Justice P.K. Kaurav observed that there was no nexus between him and the people whose properties were demolished. Hence, the Court opined, it was for the people who were directly aggrieved by the demolitions to move the Court-

POCSO Case Pending Since 4 Yrs, Accused Adopting Dilatory Tactics: Madhya Pradesh High Court Directs Trial Court To Conduct Day To Day Hearing

Case Title : The Prosecutrix Vs. State of M.P. & Ors.

Citation: 2022 LiveLaw (MP) 120

The Madhya Pradesh High Court recently directed a trial court to conduct hearing in a POCSO case as expeditiously as possible, on a day to day basis, taking note that the same has been pending since 4 years and the accused has been adopting dilatory tactics to avert it.

Justice Anand Pathak observed,

"The fact situation of the case and legal position, it is imperative that trial be conducted as expeditiously as possible on day to day basis in view of Section 35(1) and (2) of POCSO Act. Any default or defiance by the accused shall be dealt with sternly by the trial Court as per the different provisions available in Cr.P.C"

Madhya Pradesh High Court Converts Wife's Conviction U/S 302 IPC For Burning Husband To Death To S.304, Says Act Committed In 'Heat Of Passion'

Case Title : Rajaram and ors v State Of MP

Citation: 2022 LiveLaw (MP) 121

The Madhya Pradesh High Court, Indore Bench recently converted the conviction of the Appellants, including the wife of the deceased, under Section 302 to Section 304 IPC, for burning the deceased to death, observing that the same was done under the heat of passion.

While acquitting the Appellants, the Court also took into consideration that they were first-time offenders and that Appellant/wife had to take care of her children.

'Huge Scam, Hand In Gloves With Govt Officers': Madhya Pradesh High Court Directs DGP To Investigate Irregularities In Procurement Of Paddy

Case Title : BANTU ROHRA Vs THE STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 122

The Madhya Pradesh High Court recently directed the DGP of the State to handover the investigation of a case related to alleged irregularity in paddy procurement, to a special agency or any responsible officer since prima facie, the case appeared to be a huge scam involving misuse of public money.

Justice Sanjay Dwivedi was essentially dealing with an application for grant of anticipatory bail, moved by the Applicant accused for offences punishable U/S 407, 409 and 420 IPC.

Approach Bar Council If Lawyer Not Serious Towards Profession: MP HC Rejects Plea To Recall Witness For Cross-Examination Over Counsel's Absence

Case Title: Vipin Rajput Vs. State of MP

Citation: 2022 LiveLaw (MP) 123

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application moved by Applicant/accused to recall a prosecution witness for cross-examination on the grounds that his lawyer could not cross-examine the witness as the members of the bar were abstaining from work on the date when his case was listed.

Hearing the application under Section 482 CrPC, moved by the Applicant, Justice G.S. Ahluwalia observed-

If the applicant has engaged a lawyer who is not serious towards his profession, then the applicant has a remedy to approach the Bar Council and if the counsel for the applicant was working as per the instructions of the applicant, then the applicant cannot run away from his liability of not cross-examining the prosecution witness Ranjana Chauhan on 28.12.2021, 29.12.2021 and 11.01.2022.

Won't Demolish House Without Following Due Process Of Law, MP Govt Tells HC On Plea Of Wife Of Khargone Riots Accused

Case Title : Fareeda Bee V The State Of Madhya Pradesh And Ors

Citation: 2022 LiveLaw (MP) 124

The High Court of Madhya Pradesh, Indore Bench, recently received assurance from the State of Madhya Pradesh that the authorities won't proceed with demolition of House of the Petitioner, whose husband was accused in the Khargone riots case, without following due process of law. The Petitioner was allegedly being threatened by the State with an ultimatum of razing down her house because of her husband's arrest.

'Expert Committee Did Not Consider Authentic Data': MP High Court Grants Relief To Candidates Challenging Answer Key In MPPSC Exam

Case Title: ABHIJEET CHAUDHARY AND ORS. v. M.P. PUBLIC SERVICE COMMISSIONER, with connected matters.

Citation: 2022 LiveLaw (MP) 125

The Madhya Pradesh High Court recently granted relief to Petitioners/candidates challenging the correctness of the answer key to a question asked by MPPSC in an examination. The Court observed that although opinion of the Expert Committee has to be given precedence, the same cannot be done by jeopardising the future of candidates when the Experts fail to consider authentic data.

The Court further held that since the question was related to forest, which was a subject on the concurrent list as per Schedule VII of the Constitution of India, data put forth by the Union of India would be held superior to that of the State Government.

Clerical Mistake In Address On E-Way Bill: Madhya Pradesh High Court Imposes Minor Penalty

Case Title: Technosteel Infraprojects Pvt. Ltd Vs The State Of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 126

The Madhya Pradesh High Court bench of Justice Sheel Nagu and Justice Manindar Bhatti has held that a minor penalty can be imposed for a clerical mistake in the address on an e-way bill.

The petitioner/assessee, a private company in the business of steel as well as HT wires, entered into an agreement with Reva Engineering Pvt. Ltd., Jabalpur, for the supply of goods. As per the agreement, the goods had to be delivered to the factory at Rewa. The agreement ultimately resulted in the transportation of a consignment by Aryan Transport Company, Nagpur by vehicle.

MP High Court Directs Enquiry Into Conduct Of Public Prosecutor For 'Adopting Delaying Tactics' By Joining Hands With Accused

Case Title : Brijmohan Sharma Vs. State of M.P.

Citation: 2022 LiveLaw (MP) 127

The Madhya Pradesh High Court, Gwalior bench recently directed the DGP of the State to send a Police Officer for a training for not less than six months to learn the law and the manner of investigation.

Court passed the said directions pursuant to its observation on a regular basis that the police was filing charge-sheet only on the basis of confessional statements made by the accused persons without making any effort to collect any substantive evidence against them.

Send SHO For Six Months Training To Learn Law & Manner Of Investigation: Madhya Pradesh High Court Directs DGP

Case Title: Rajveer Singh Jatav Vs. State of MP

Citation: 2022 LiveLaw (MP) 128

The Madhya Pradesh High Court, Gwalior Bench has recently directed the State authorities to look into the conduct of a Special Public Prosecutor for not cooperating with the trial court in recording testimony of a witness. The Court also directed the authorities to enquire if her continuation on the post would be in the interest of justice or not.

Hearing the bail application moved by the Applicant U/S 439 CRPC, Justice G.S. Ahluwalia observed-

This conduct of the Special Public Prosecutor cannot be appreciated. Accordingly, the Principal Secretary, Law and Legislative Department, State of M.P., Bhopal and the District Magistrate Bhind are directed to look into the conduct of Smt. Hemlata Arya, Special Public Prosecutor, in not cooperating with the Trial Court for recording of examination-in-chief of the prosecution witness Subedar Khan. The authorities are directed to review as to whether the continuation of Smt. Hemlata Arya as Special Public Prosecutor will be in the interest of justice or not? However, it is directed that the present case be immediately withdrawn from the Special Public Prosecutor.

Statutory Protection U/S 33 Of Industrial Dispute Act Applicable In Pending Reference U/S 17(2) Of Working Journalists Act: Madhya Pradesh HC

Case Title: NEERAJ v. SUDHIR AGRAWAL AND ORS.

Citation: 2022 LiveLaw (MP) 129

The Madhya Pradesh High Court, Indore Bench recently held that the provisions under Section 33 of the Industrial Disputes Act restraining the employer from changing service conditions of workman during pendency of a dispute can be applied in pending reference under Section 17(2) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (Act of 1955).

MP High Court Quashes Lower Court Order Allowing Application Of Alleged Rape Victim U/S 311 CrPC To Recall Herself

Case Title: Sandeep Yadav v. State of Madhya Pradesh and Anr.

Citation: 2022 LiveLaw (MP) 130

The Madhya Pradesh High Court recently set aside the order of the trial court allowing the application moved by the Prosecutrix in a rape case to recall herself as a witness.

The Court held that the impugned order of the lower court was passed by accepting the averments of the Prosecutrix as 'gospel truth', without carrying out any enquiry regarding the same.

Justice Atul Sreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant assailing the order of the lower court, whereby the application moved by the Prosecutrix under Section 311 CrPC was allowed.

Madhya Pradesh High Court Expresses Concern Over Sessions Courts 'Blindly' Rejecting Bail Applications Of Accused

Case Title: Devendra Lodhi Vs. State of M.P.

Citation: 2022 LiveLaw (MP) 131

The High Court of Madhya Pradesh, Gwalior Bench on Friday, expressed its concern regarding the Sessions Courts blindly rejecting bail applications of the accused without going into the merits of the case. The Court further observed that even for petty matters, the litigants were being forced to approach the High Court from remote and deserted regions, putting 'unnecessary financial burden' upon them.

'Scientific Officer' Not A 'Teacher' Within The Scope Of Madhya Pradesh Vishwavidyalaya Adhiniyam: Madhya Pradesh High Court

Case Title: Dr. Prakash kumar dubey v. Rani durgawati university

Case Citation: 2022 LiveLaw (MP) 132

The High Court held that the post of Scientific Officer/Senior Technical Assistant is not covered under the definition of a 'Teacher' under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973.

Dismissing the writ petition, Justice Vivek Agarwal observed-

In the present case, the petitioner has not brought on record any material to show that the post of Senior Technical Assistant or that of Scientific Officer has been declared by the Statute to be a post of Teacher… In the present case, since the post of Senior Technical Assistant or Scientific Officer has not been included in the Statute to mean a Teacher, no extension can be given to the definition just to accommodate the petitioner without there being any material and dehors the Statute.

Hearsay Statements Made Contemporaneously With Act Or Immediately Thereafter Admissible U/S 6 Evidence Act: MP High Court

Case Title: Basant v. The state of madhya pradesh govt.

Case Citation: 2022 LiveLaw (MP) 133

The Madhya Pradesh High Court, Indore Bench recently held that a statement made by the deceased contemporaneously with the act or immediately thereafter would be admissible as dying declaration under Section 32 of the Indian Evidence Act.

Further, statements made by the complainants regarding words uttered by the deceased, though hearsay, are admissible under Section 6 of the Indian Evidence Act (Rule of res gestae).

Child Lost In Custody By Deceased Govt Employee To Be Considered As 'Dependant' For Compassionate Appointment: MP High Cour

Case Title: vishal pandey and anr. versus food corporation of india and ors.

Case Citation: 2022 LiveLaw (MP) 134

The Madhya Pradesh High Court recently held that the child of the deceased government employee shall be considered as 'Dependant', despite the parent losing their custody, for the purpose of compassionate employment.

Deciding the writ petition, Justice Vivek Agarwal observed-

I am of the opinion that impugned order deserves to be quashed as it is arbitrary and has failed to take into consideration a comprehensive meaning of the word 'dependent'. Respondents have tried to supply a very restricted meaning to the clause 'dependents', vide Annexure P-10, whereas admittedly, by virtue of divorce of his mother, petitioner No.1 will not lose his status of being a son who is covered by definition of 'dependent family member'.3.

Void Ab Initio Appointment Of Arbitrator, The Court Has Jurisdiction Under Section 11 Of A&C Act To Appoint A New Arbitrator: Madhya Pradesh High Court

Case Title: M/s Om Sai RK Constructions Pvt. Ltd. versus M/s Forsight Infractech Pvt. Ltd.

Case Citation: 2022 LiveLaw (MP) 135

The High Court of Madhya Pradesh has ruled that once the appointment of arbitrator is void ab initio and the arbitrator is ineligible by virtue of Section 12 (5) of the Arbitration and Conciliation Act, 1996 (A&C Act), then the procedure prescribed under Sections 12, 13 and 14 of the A&C Act for challenging the appointment of an arbitrator are not applicable.

The Single Bench of Justice Anand Pathak held that if the arbitrator is appointment unilaterally by the opposite party, the ineligible appointment deserves to be set aside and the arbitrator can be removed at the stage of passing of the award. The Court reiterated that unless the appointment of an arbitrator is ex facie valid, it does not debar the jurisdiction of the Court in Section 11 of the A&C Act in appointing a new arbitrator.

'Tareekh Pe Tareekh' Sought Despite Specific Directions: MP High Court Directs Centre To Release Compensation To Senior Citizens For Resuming Their Property

Case Title: premshankar vijayvargiya and anr. V. Union of india and ors.

Case Citation: 2022 LiveLaw (MP) 136

The Madhya Pradesh High Court, Indore Bench recently directed the Union of India to release the amount of compensation awarded to Petitioners, senior citizens, for their Bungalow that was resumed by the Ministry of Defence for their own purposes.

The Court observed that the Union of India was dragging its feet in paying the amount to the Petitioners despite its specific directions to the executing court to dispose of the execution proceeding within 4 months.

Breaking: MP High Court Acquits Man Wrongly Convicted For Murder And Imprisoned For 13 Years, Directs State To Pay Him Rs. 42 Lakhs For Malicious Investigation

Case Title: Chandresh Marskole Vs. The State of Madhya Pradesh

Case Citation: 2022 LiveLaw (MP) 137

The High Court of Madhya Pradesh recently set aside the conviction of a man for murder and further directed the State to pay him compensation worth Rs. 42 Lakhs, observing that his conviction was a result of a botch and maliciously motivated investigation by an 'outrightly partisan' police.

While directing the State to pay compensation, the division bench of Justice Atul Sreedharan and Justice Sunita Yadav further held that the Appellant was free to proceed against the State for an action in tort for malicious prosecution-

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry

Case Title: ajay sahu v. The state of madhya pradesh and anr.

Case Citation: 2022 LiveLaw (MP) 138

The Madhya Pradesh High Court recently directed the State Level Vigilance and Monitoring Committee to take appropriate action against the Police Officers concerned for tampering with forensic evidence in a rape case, to allegedly shield the Appellant/accused, who also happened to be a police officer.

Justice Vivek Agarwal further lamented that the Court would've directed that the case be handed over to the CBI for further investigation but the same, prima facie, would not help the victim as the delinquent officers had 'already played their role' by tampering with the evidence-

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court

Case Title: ashok v. The state of madhya pradesh and anr.

Case Citation: 2022 LiveLaw (MP) 139

Considering the categorical statement made by a 11-yr-old rape victim, the Madhya Pradesh High Court recently rejected the bail application of the accused stating that at the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted.

Justice Anil Verma observed:

"At the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted as per the judgment of Hon'ble Supreme Court in the case of Satish Jaggi Vs. State of Chattisgarh & Ors. (Cr.A.No.651/2007) decided on 30/07/2007."

'Such Interference Is Highly Inappropriate': MP High Court Quashes Transfer Order Of Bureaucrat Passed At 'Insistence' Of State Minister

Title: Shyam Kumar Singh v. State of Madhya Pradesh

Case Citation: 2022 LiveLaw (MP) 140

The High Court set aside the transfer order of a bureaucrat who was being transferred at the 'insistence' of the State Minister of Urban Administration.

The Court observed that although the elected representatives can always recommend the transfer of an employee, it ought to be done citing genuine and cogent reasons. It further noted that such interference by the Executive in matters of transfer was 'highly inappropriate'.

'Wife's Patience Should Not Be Treated As Weakness/ Attempt To Create False Story': MP High Court Cancels Bail Of Husband Accused Of Unnatural Sex

Case Title: Meghna Agarwal Vs. Anurag Bagadiya and another

Case Citation: 2022 LiveLaw (MP) 141

The Madhya Pradesh High Court, Gwalior Bench recently set aside bail of a man, accused of committing unnatural sex with his wife.

The Court observed that the ground taken by the lower court while granting anticipatory bail to the accused/husband that there was delay in disclosure of offence under Section 377 IPC on the part of the Applicant/wife was unwarranted and made in a casual manner without appreciating the surrounding circumstances.

Madhya Pradesh High Court Directs Action Against Lower Court Judge for Not Considering DNA Report in POCSO Case

Title: State of Madhya Pradesh v. Golu

Case Citation: 2022 LiveLaw (MP) 142

The High Court of Madhya Pradesh recently directed action against a lower court judge for not considering a crucial medical evidence of DNA report while acquitting the accused in a POCSO case. The Court observed that despite the medical report being brought on record, the same did not find mention in the impugned judgment passed by the respective trial court judge.

The division bench of Justice Sujoy Paul and Justice D.D. Bansal was hearing the application for grant of leave to appeal moved by the State against the impugned judgment passed by the lower court, whereby the accused was acquitted of charges punishable U/S 376-(A) (B), 377 IPC, U/S 6 POCSO Act and U/S 3(2)(5) of SC/ST (Prevention of Atrocities) Act for allegedly raping the Prosecutrix who, at the time of the incident, was 10 years old.

The Court Can Exercise Its Revisional Jurisdiction On An Intermediate Order Since It Is Not An Interlocutory Order: Madhya Pradesh High Court

Case Title: Dr. (Mrs.) Neena V. Patel v. State of Madhya Pradesh & Ors

Case Citation: 2022 LiveLaw (MP) 143

The Madhya Pradesh High Court held that as far as an intermediate order is concerned, the court can exercise its revisional jurisdiction since it is not an interlocutory order. Justice Anjlu Palo referred to the case of Girish Kumar Suneja v. Central Bureau of Investigation, where it was observed that there are three categories of orders that a Court can pass – final, intermediate and interlocutory.

Madhya Pradesh High Court Grants Bail To Man Accused Of Breaking Statue Of Babasaheb Bhimrao Ambedkar

Case title - Lallu @ Krishnabhhan Vs The State Of Madhya Pradesh And Others

Case Citation: 2022 LiveLaw (MP) 144

The Madhya Pradesh High Court (Indore Bench) recently upheld the life sentence awarded to a man for raping a 3-year-old girl. The court noted that the accused had left an indelible mark of devastation on the mind and body of the victim.

The Bench of Justice Satyendra Kumar Singh and Justice Subodh Abhyankar observed that in view of the rights and plight of the victim and her family members, the Life imprisonment awarded to the appellant is by no means severe or excessive.

"Sometimes Bar Or Bench Members Unwarily Transgress Propriety Unintentionally": MP HC Expunges Remarks Against Senior Counsel

Case Citation: 2022 LiveLaw (MP) 145

Case title - Prakash Singh and Nandita Singh v. State of MP and anr

"There are moments in courts when heated exchanges do take place and though rare, it is not unheard of that either the member of the Bar or the Bench also in equal measure, unwarily transgresses the line or propriety unintentionally," the Madhya Pradesh High Court observed recently as it expunged its remarks made against a senior counsel last month.

With this, the Bench of Justice Atul Sreedharan allowed a plea made by Senior Counsel Mrigendra Singh seeking the expungement of the observations made by the court in paragraphs nos.8, 9, and 11 of its order passed last month.

"Accused Left Indelible Mark Of Devastation On 3 Yr Old Girl's Mind & Body": Madhya Pradesh High Court Upholds Life Sentence

Case Citation: 2022 LiveLaw (MP) 146

Case title - Pappu v. The state of madhya pradesh

The Madhya Pradesh High Court (Indore Bench) recently upheld the life sentence awarded to a man for raping a 3-year-old girl. The court noted that the accused had left an indelible mark of devastation on the mind and body of the victim.

The Bench of Justice Satyendra Kumar Singh and Justice Subodh Abhyankar observed that in view of the rights and plight of the victim and her family members, the Life imprisonment awarded to the appellant is by no means severe or excessive.

'Public Interest Also An Element On Consideration Of Which Employee Can Be Placed Under Suspension': Madhya Pradesh High Court

Case Title: State Of Madhya Pradesh V Satya Narayan Dubey

Citation: 2022 LiveLaw (MP) 147

The High Court observed that public interest is also an element on the consideration of which an employee can be placed under suspension. The Court further held that even if it is alleged that the particular department of the employee did not suffer any loss due to him, the same cannot make him immune to suspension.

The division bench of Justice Sujoy Paul and Justice D.D. Bansal observed-

…it cannot be forgotten that if the respondent, a senior officer is reinstated by staying the suspension order, he can scuttle the inquiry or investigation or can win over the witnesses of the departmental inquiry. This is within the province of the disciplinary authority to decide whether an employee is required to be suspended or not because suspension is a step towards ultimate result of an investigation or inquiry.

Scope Of Article 300A Of Constitution Of India Isn't For Invoking It Against Any Action Of An Individual: Madhya Pradesh High Courtv

Case title - Vijay Mahobia vs The State Of Madhya Pradesh [WP No. 10187 of 2022]

Citation: 2022 LiveLaw (MP) 148

The High Court has observed that Article 300A of the Constitution of India acts as a protector of individual interest and a tool for the state for infrastructural and various other development. The Court also stressed its scope is limited to the state's action.

The Bench of Justice Milind Ramesh Phadke further observed that the article maintains a balance between the interest of property owners and the interest of the state.

"The Article says that- No person shall be deprived of his property save by the authority of law. This means that nobody can be deprived of his right over property except if it is prescribed by law. This article emphasizes on the doctrine of eminent domain which means that the state can take over any private land if it is for public use. Therefore, the law prescribing the acquisition needs to be valid and the acquisition of the land by the state must be for a public purpose," the Court remarked.