MP High Court Pulls Up Then Gwalior Collector For Demolishing Shops Despite Interim Protection Order, Refrains From Initiating Contempt

The Gwalior bench of the Madhya Pradesh High Court in a plea against lease termination and subsequent demolition of certain shops in 2022 expressed its displeasure with the then Collector, Gwalior for "giving a lame excuse" that since he was not a party to the matter he was unaware about the court's interim order protecting the shopkeepers from dispossession. The high court while stopping short of issuing contempt to the official cautioned him not to repeat such an act in future.A division...

[S.13B HMA] Inconvenience Of Parties To Appear Before Court Not Ground To Waive Off Cooling Period For Mutual Divorce: MP High Court

The Madhya Pradesh High Court has held that inconvenience of parties to appear before the Court cannot be a ground to waive off the six-month statutory cooling-off period prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955 (HMA), before grant of divorce by mutual consent.The petitioner sought dissolution of his marriage through mutual consent and submitted that since both the parties are required to stay out of station in connection with their work, therefore they are facing...

[POSH Act] Transfer Of Accused Merely Due To Pendency Of ICC Proceedings Without Any Recommendations Is Unjustified: Madhya Pradesh High Court

The Madhya Pradesh High Court recently quashed an order transferring a sub-inspector–against whom allegations were made under the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act (POSH), observing that the transfer was made merely because the internal complaints committee proceedings were pending is unjustified. A single judge bench of Justice Vivek Jain, in its order observed, "The transfer of the petitioner is not on the ground of any administrative...

MP High Court Seeks Response From AG's Office Over Inaccurate Information Regarding Whereabouts Of Accused In Human Trafficking Case

The Madhya Pradesh High Court at Jabalpur presided over by Justice Sanjay Dwivedi, raised concerns regarding the accuracy of information provided by the Office of the Advocate General in the case involving Dr. Ajai Lall, a Christian Missionary. The case revolves around allegations of human trafficking and other serious offences, including improper adoption of children through Lall's Aadharshila organization in Damoh, Madhya Pradesh.The Office of the Advocate General had informed the court that...

[S.13 HMA] Marriage Of Minor Girl With Major Male May Cause Physical & Mental Crutely, Can Be Used As Grounds For Divorce: MP High Court

The Madhya Pradesh High Court at its Indore bench held that in cases where a minor female has been married to a major male, their marriage could be declared voidable under Section 13 of the Hindu Marriage Act, 1955 (HMA).Justice Vivek Rusia and Justice Binod Kumar Dwivedi stated that even if the remedy is not present under Section 11 or 12, under Section 13 of HMA, divorce can be claimed on grounds of the minor woman being married to a major and it will fall under the term cruelty.“Even...

Consider Objections Before Giving Clearance Certificate To Movie 'Emergency' : Madhya Pradesh High Court Directs CBFC

Today, the Central Board of Film Certification (CBFC) submitted before the Madya Pradesh High Court that an application for certification of the Kangana Ranaut-starrer movie Emergency is pending consideration and no certificate has yet been issued to the film, which was earlier scheduled to release on September 6.The Deputy Solicitor General, appearing for the Union of India,...

Substantial Question Is Absent To Entertain Appeal U/s 260A: Madhya Pradesh HC Confirms Deletion Of Addition U/s 68

Finding that the legal principles have been properly applied by the Tribunal in appreciating the evidence and no substantial question has arisen for consideration, the Madhya Pradesh High Court confirmed the action of the Tribunal in deleting the additions made u/s 68. As per Section 68 of Income tax Act, where any sum is found credited in the book of an assessee maintained...

Madhya Pradesh High Court Issues Notice on PIL Challenging Release Of Kangana Ranaut's Film 'Emergency'

The Madhya Pradesh High Court has sent notices to the Central Government and the Central Board of Film Certification (CBFC) in a Public Interest Litigation challenging the impending release of the film 'Emergency,' starring Kangana Ranaut. The petitioners, Jabalpur Sikh Sangat and Guru Singh Sabha Indore claim that the film contains scenes that violate the fundamental rights of the...

MP High Court Denies Anticipatory Bail To Teacher Accused Of Disrobing Students, Making Objectionable Videos In Garb Of 'Checking'

The Madhya Pradesh High Court has rejected the anticipatory bail application of a senior school teacher accused of harassing students by disrobing them and making objectionable videos under the pretext of mobile phone checks.The bench of Justice Prem Narayan Singh at Indore also noted that the prosecuting agency failed to invoke provisions of the POCSO Act and directed the Police...

Contractual Employee Not Appointed Against Regular Post Can't Seek Permanent Employment On Basis Of Mere Contract Extension: MP High Court

The Madhya Pradesh High Court recently said that a contractual employee cannot claim regularization and merely because he has continued beyond his period of employment would not entitle him to become a permanent employee. The observation was made by a division bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf while allowing the State's appeal against an order of a...

[Mount's 6000 v. Vasco 60000] MP High Court Allows Brewery's Plea Challenging Registration Of "Similar" Label, Says It May Confuse Public

The Madhya Pradesh High Court, at its Indore bench, recently allowed a plea moved by a brewery–Mount Everest Breweries Limited, which had challenged the registration of a similar beer label–“VASCO 60000 EXTRA STRONG BEER” by a competing brewery alleging that it would lead to a potential trademark infringement.The high court however held that the there was similarity and resemblance...

Depending On "Facts Of Case" Wife Terminating Pregnancy Without Husband's Consent May Be Termed Cruelty: Madhya Pradesh High Court

The Indore bench of the Madhya Pradesh High Court upheld a family court's order dissolving the marriage of a couple under Hindu Marriage Act, while noting that depending on the "facts of the case", a wife opting to terminate her pregnancy without her husband's consent "may" be termed as cruelty. A division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi observed, “Learned...