Property Attachment, Auction Part Of Quasi-Judicial Duties Of Tehsildar; Disciplinary Action Unsustainable Absent Malafide: MP High Court

The Madhya Pradesh High Court has made it clear that attachment and auction of property for recovery of dues are quasi-judicial functions of a Revenue officer (Tehsildar), which cannot be questioned in disciplinary proceedings in the absence of alleged malafide.The bench of Justice Jai Kumar Pillai stated,"The attachment and auction of property for the recovery of dues or execution of orders...

Patna HC Declines Interference In BIADA Plot Cancellation, Says Disputed Facts Not Amenable To Writ Jurisdiction

The Patna High Court has held that cancellation of industrial plot allotment and forfeiture of deposited amount under the Bihar Industrial Area Development Authority (BIADA) Act cannot be interfered with in writ jurisdiction when statutory procedure is followed and disputed questions of fact arise.A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a...

Where Allegations Are Against Cops, Investigation By Same Agency Raises Reasonable Apprehension Of Bias: Telangana High Court

The Telangana High Court transferred to the CBCID investigation into the death of a cop who was working at Kukunoorpally Police Station, holding that when serious allegations are made against police officers themselves then investigation conducted by the same agency raises reasonable apprehension of bias warranting transfer. Justice N. Tukaramji observed:“In cases where allegations are...

Compassionate Appointment Can't Be Rejected Mechanically For Non-Disclosure Of 498A IPC Case, Especially After Acquittal: MP High Court

The Madhya Pradesh High Court has held that rejection of a compassionate appointment claim cannot be automatic or mechanical merely on the ground of non-disclosure of a criminal case, particularly when the applicant was acquitted. The bench of Justice Jai Kumar Pillai observed that the competent authority must apply its mind and record a well-reasoned satisfaction of unfitness rather than...

Authority Can't Reclaim Recreational Land In Housing Scheme By Citing Expiry Of Lease: Kerala High Court

The Kerala High Court recently held that public authority cannot initiate eviction proceedings over areas offered for recreational purposes through housing scheme, by citing expiry of lease deed.Justice P.M. Manoj was considering a writ petition challenging the proceedings initiated under the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968 for evicting persons of...

Illegal Mining | Police Can Probe Theft Under IPC, But MMDR Offences Require Authorised Complaint: HP High Court

The Himachal Pradesh High Court has held that while the police are competent to register and investigate cases of theft of illegally extracted minerals under the Indian Penal Code, cognizance of offences under the Mines and Minerals (Development and Regulation) Act, 1957 cannot be taken on a police report and must be based on a complaint by an authorised officer.Justice Rakesh Kainthla...

Exemption From Minimum Qualification For Promotion Arbitrary, Violates UGC Norms & Awards “Premium" To Illegality: Calcutta High Court

The Calcutta High Court has upheld the striking down of a recruitment rule that exempted certain in-service candidates from possessing minimum educational qualifications for promotion, holding that such relaxation was arbitrary, violative of UGC norms, and amounted to granting a “premium to illegality.” Dismissing a writ petition filed by the Union of India and the Andaman and...

Courts Least Equipped To Infer 'Psychiatric Disorder' From Marital Incidents Without Expert Medical Evidence: Telangana High Court

Quashing a family court order restraining the wife from going near her husband during pendency of divorce proceedings on the ground of her alleged "psychiatric disorder", the Telangana High Court remarked that the courts are least equipped to arrive at such a finding in absence of any expert medical evidence.It said that thwarting free access of one individual to another, that too...

Bhima-Koregaon Case: Bombay High Court Grants Bail To Surendra Gadling After 8 Years In Jail

The Bombay High Court on Monday granted bail to lawyer-activist Surendra Gadling, who is in prison from June 6, 2018 in Bhima-Koregaon - Elgar Parishad case, considering his long incarceration. He is the last among the 16 persons named in the case to be in prison. A division bench of Justice Ajay Gadkari and Justice Kamal Khata dictated order in the open court granting bail to Gadling on...

Madhya Pradesh High Court Weekly Roundup: April 27 - May 03, 2026

Citations: 2026 LiveLaw (MP) 125 to Citation: 2026 LiveLaw (MP) 129Nominal Index: Ramcharan v State of Madhya PradeshMadhu Yadav v State of Madhya PradeshSheikh Juned v NIARashid Noor Khan v State of MPYangchen Lachungpa v State of Madhya PradeshStatutory Amendments Can't Be Applied Retrospectively To Deny Regularisation Of Long-Serving Employee: MP High CourtThe Madhya Pradesh High Court...

Bhojshala Temple-Kamal Maula Mosque Dispute: Centre Tells MP High Court 1935 Notification Permitting Namaz At Site Not Valid

In the ongoing proceedings over the Bhojshala Temple-Kamal Maula Mosque dispute, the Union government told the Madhya Pradesh High Court on Monday (May 4), that the notification of 1935 issued by Dhar state giving rights to Muslims to offer namaz at the site was not legally valid.The dispute concerns Bhojshala, an 11th-century monument protected by the Archaeological Survey of India....

'Unprecedented': Telangana High Court Quashes Restraint Order Against Wife, Says Filing Criminal Cases Against Husband Don't Justify Curbs

The Telangana High Court quashed a family court order restraining a wife from going anywhere near her husband including his house and his working, during pendency of divorce proceedings. Terming the restraint order as "unprecedented" the court observed that merely because the wife had filed criminal cases against her husband would not justify such a severe consequence.It said that thwarting...