Madhya Pradesh High Court Monthly Digest: February 2025

Nominal Index [Citations 2025 LiveLaw (MP) 30 to 2025 LiveLaw (MP) 41]:Dilip Marmat Versus Collector And Others 2025 LiveLaw (MP) 30Dr. Khyati Shekhar Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 31Bharatlal versus State of Madhya Pradesh 2025 LiveLaw (MP) 32Simmi Bai Versus Shrimaan Police Mahanirikshak Mahodaya And Others 2025 LiveLaw (MP) 33Nausad Qureshi Versus The State...

'Intolerance Of Orthodoxy A Bane Of Indian Society': Bombay HC Quotes AG Noorani, Quashes Case Against Kailash Kher For Hurting Religious Feelings In Song

Observing that 'intolerance and dissent' from the orthodoxy have been a 'bane' of the Indian society for centuries, the Bombay High Court on Wednesday quashed the criminal case initiated against Bollywood singer Kailash Kher, who was accused of hurting the religious sentiments of the Hindu community in his popular song 'Babam Bam' - a track on Lord Shiva.A division bench of Justices...

Contingent Liability vs Laid Out Expense: Delhi HC Allows Vodafone To Claim ₹5.1 Crore Depreciation Over Estimated Costs To Restore Mobile Tower Sites

The Delhi High Court has allowed Vodafone Mobile, engaged in providing telecommunication services, to claim depreciation of ₹5.10 crores in respect of fixed assets over provisioned expenditure to discharge its contractual obligation of restoring mobile tower sites to their original condition at the end of the lease period.Though Asset reconstruction Cost (ARC) was laid out by Vodafone,...

Punjab & Haryana HC Declares Punjab Govt's Notification On Resuming Ownership Rights In Rajpura's Industrial Estate Projects As Inoperative

The Punjab & Haryana High Court has declared Punjab Government's decision to “resume” ownership rights in ongoing projects in Rajpura's Industrial Estate as "inoperative."Justice Sureshwar Thakur and Justice Vikas Suri said, "there is a necessity of passing a fresh speaking decision, in accordance with law, as such both the interest of justice and equity demands, that the...

Bombay High Court Permits Man Convicted Of Electricity Theft To Travel For Haj Pilgrimage

The Bombay High Court recently permitted a man convicted for 'electricity theft' to go on Haj Pilgrimage along with his family after noting that his appeal challenging his conviction will not be taken up in the near future. Justice Abhay Waghwase permitted forty-three-year-old Rahim Khan Sandu Khan, who was convicted by a sessions court in October 2016 under section 135 of the Indian...

Bombay High Court Asks DGP To Consider Man's Complaint About Cop & Women Lawyers Running 'False Rape Cases' Racket

Observing that even genuine cases of rape get affected because of 'false rape cases', the Bombay High Court on Wednesday ordered the Director General of Police (DGP), Maharashtra to consider the representation of a Navi Mumbai-based man, who has sought an enquiry against a police officer, who has been 'instrumental' in lodging false rape cases against 'innocent men' at the behest of...

Magistrate Cannot Switch Back To Pre-Cognizance Stage U/S 156 CrPC After Initiating Complaint Inquiry U/S 200 CrPC: J&K High Court

The Jammu and Kashmir High Court has held that once the magistrate records the preliminary statement of the complainant and proceeds to direct an inquiry to ascertain the truth of the matter, it is not open to the magistrate to direct the police to register an FIR.Justice Sanjay Dhar observed that once the magistrate opts for the complaint case procedure by taking the preliminary statement of...

NI Act | Single Complaint For Dishonour Of More Than Three Cheques Maintainable If Covered By Consolidated Demand Notice: J&K High Court

Clarifying the legal position under the Negotiable Instruments Act, 1881, the High Court of Jammu and Kashmir and Ladakh has held that mere issuance or dishonour of a cheque does not give rise to a cause of action under Section 138 of the Act.While dismissing a petition challenging a complaint under the NI Act Justice Sanjay Dhar observed that a single complaint for multiple dishonoured...

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justice Manoj Kumar Ohri has reiterated that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, is limited to examining the prima facie existence of the arbitration agreement. It was further observed that if either party contests a prior settlement agreement, then such allegations cannot be looked into by the Court under...

In Absence Of Rules Regulating Transfer Of Govt Employees, Orders Issued Under Article 162 Will Have Statutory Force: Andhra Pradesh HC

The Andhra Pradesh High Court has confirmed that in the absence of any Rules governing the transfer of Employees, an executive order/ Government order issued under Article 162 of the Indian Constitution, which lays down guidelines relating to transfer, shall have statutory force.“The administrative authority while exercising jurisdiction and effect transfers in pursuance of G.O.Ms.No.75...

Shahabas Murder Case: Kerala High Court Seeks Govt's Response On Father's Plea To Prevent Accused Children From Writing Class 10 Exam

The Kerala High Court on Monday (10th March) gave further time to the State government to file its response to the petition filed by father of Shahabas, a class 10 student who was allegedly attacked by his tuition fellows in Kozhikkode, leading to his death.Shahabas' father Muhammed Iqbal seeks to prevent the accused children from writing the 10th SSLC examination, scheduled between March 03...

Pleadings In Civil Suit Not Document/Instrument, Cannot Be Registered By Authorities Or Entered In Encumbrance Certificate: Madras HC

The Madras High Court has clarified that pleadings in a civil suit is not a document or instrument to be registered under the Registration Act or the Stamp Act. The court added that authorities cannot entertain the pleadings or make entries regarding the same in the encumbrance certificate. Justice Anand Venkatesh made the observations noting that previously, the courts have ruled...