Constitutional Law
Can't Punish Employee For Delay Over Employer's Inaction: MP High Court Rejects State's Review Against Order Granting Pay-Hike Under Scheme
The Madhya Pradesh High Court has held that the power of review under Order 47 Rule 1 CPC is narrow in scope and cannot be exercised as a substitute for an appeal.For context, the provision enables the court to review its own judgment only in limited circumstances, such as discovery of new and important evidence, a patent error apparent on the face of the record or other analogous...
Unilaterally Revoking Building Permission After Substantial Construction Without Proof Of Fraud Violates Right To Property: MP High Court
While quashing the revocation of building permission and demolition order issued by Indore Municipal Corporation, Madhya Pradesh High Court observed that once the body had granted valid building permission upon which parties undertook construction, it cannot subsequently revoke the permission in the absence of any proof of fraud.In doing so the court said, that such conduct would violate...
MP High Court Directs Inquiry Against Investigating Officer For Arresting Accused In Illicit Liquor Case Based On Unverified Evidence
The Madhya Pradesh High Court has directed the Superintendent of Police, Alirajpur, to initiate an inquiry against the investigating officer who arrested an accused in an illicit liquor transportation case, allegedly based on a truck sale agreement that was never examined by the notary or the witnesses. The bench of Justice Jai Kumar Pillai observed that an inquiry was warranted to ensure...
Deprivation Of Property Without Timely Compensation Violates Article 14: MP High Court On Land Acquisition For NH Project
The Madhya Pradesh High Court has allowed the petition, where land was acquired for the construction of the National Highway, but the compensation amount was not released, observing that depriving landowners of their property without timely compensation violates Article 14 of the Constitution. The division bench of Justice Anand Pathak and Justice BP Sharma observed; "The right to...
Section 22 CPC | Mandatory To Issue Prior Notice To Opposite Party In Plea Seeking Transfer Of Suit To Different Court: MP High Court
The Madhya Pradesh High Court has dismissed a petition seeking transfer of a civil suit from a Narsinghpur court to Jabalpur court, observing that the application was not maintainable due to non-compliance with the mandatory requirement of issuing prior notice to the opposite parties under Section 22 CPC. Section 22 CPC states that where a suit may be instituted in any one of two or more...
MP High Court Refuses To Protect Shyamla Hills Occupants From Eviction, Says No Legal Or Forest Rights Established Over Govt Land
The Madhya Pradesh High Court has declined to grant further protection against eviction of a group of residents occupying the government land in Bhopal's Shyamla Hills area, observing that the occupants failed to establish any legal, tenancy, ownership or forest rights over the disputed property. The division bench of Justice Vivek Agarwal and Justice Vivek Jain observed:"we are of the...
'Sad Picture': MP High Court Enhances Maintenance Of Wife Allegedly Married As Teenager, Says She Can't Be Denied Reasonable Sum
The Madhya Pradesh High Court enhanced maintenace amount ordered by a family court to a woman, remarking that it was a sad picture of the rights of girls wherein the woman who was allegedly a victim of child marriage, was again being victimized by being provided "meagre amount of maintainance". The woman, who was allegedly married in 2015 while she was only 13 years old, had alleged cruelty...
'Attempt To Stop Police Search For Murder Accused Brother-In-Law' MP High Court Fines Man ₹50K For Filing Fake Plea Over Sister's Detention
The Madhya Pradesh High Court imposed Rs. 50,000 cost on a man who had filed a habeas corpus plea claiming that his sister was illegally detained, observing that it seemed that the entire story was developed by the siblings in order to stop the police from looking for the sister's husband who is wanted in a murder case. The petition was filed by the corpus's brother, Shalinder Singh, who...