Madhya Pradesh High Court
MP High Court Orders Enquiry Against Judge Who 'Blindly Signed' Wrong Order Sheets Written By Clerk
After finding out that the trial court negligently posted a cheating case for prosecution evidence repeatedly instead of framing the charges, the Madhya Pradesh High Court has recommended an enquiry against the erring judge and concerned clerk. While deciding on an application under Section 439 CrPC [483 BNSS], the High Court saw that the trial court wrongly posted a case for evidence on more than one occasion. Upon closer inspection, the court deduced that the wrong order sheets were ...
Non-Govt Employee Receiving Annual Increments Is In “Permanent Job” For Grant Of Future Prospects In Motor Accident Claim: MP High Court
In a significant ruling, the Madhya Pradesh High Court addressed whether only government servants qualify as being in “permanent job” for the purpose of grant of future prospects in motor accident compensation claims.Bench of Justice Achal Kumar Paliwal held that if a person is in such a job wherein his salary is increased periodically or receives annual increment etc., then, such person would be treated as being in “ permanent job”.The claimant had preferred thus appeal seeking enhancement...
Earlier Ban On Central Govt Employees From Joining RSS Painted Its Apolitical Activities As 'Communal' & 'Anti-Secular': MP High Court
In a matter connected to the controversial ban on central government employees joining RSS, the Madhya Pradesh High Court remarked that the previous union governments had painted the 'whole universe of even the apolitical activities' of RSS as 'communal/anti-Secular', which had drastic consequences. “….The issuance of the OMs painting the whole universe of even the apolitical activities of RSS as communal, anti-secular and against national interest is a decision having drastic consequences, not...
Permitting Secondary Evidence U/S 16 Is Exception, Party Must Explain Circumstances Under Which Photocopy Is Prepared: MP High Court
In a notable ruling, the Madhya Pradesh High Court has emphasized the necessity of establishing a "factual foundation" for admitting photocopies as secondary evidence under Section 65 of the Indian Evidence Act. The petitioner, Santosh Chouhan, had filed a civil suit for specific performance of contract and sought to introduce photocopies of documents as secondary evidence. The trial court dismissed this application, prompting the petitioner to file the present miscellaneous petition.The...
NHAI Officials Not Protected By 'Good Faith' Clause U/S 28 If Accident Result Of Failure To Maintain Roads/ Close Ditches: MP High Court
In criminal proceedings initiated by an accident victim who fell into a ditch on NH-7 at Seoni, the Madhya Pradesh High Court observed that the National Highway Authority of India (NHAI) or its officials haven't prima facie acted in 'good faith' to maintain the highway.The single-judge bench of Justice Gurpal Singh Ahluwalia added that maintaining the highway means NHAI taking adequate steps to keep the highway in a motorable condition. The court explained that NHAI is responsible for taking...
Madhya Pradesh High Court Acquits Rape Accused After He Completes 10 Yrs Jail Sentence
After observing that there can be no excuses for the 'sorry state of affairs' at the High Court that resulted in an accused completing his entire jail term of 10 years during the criminal appeal's pendency, Madhya Pradesh High Court has set aside a rape conviction owing to the 'discrepancies in prosecution story'.The single-judge bench of Justice Subodh Abhyankar noted that there can't be any excuses for this situation since a criminal appeal must be decided before the accused completes his...
Voluntary Membership Can't Be Proscribed By Executive, Violates Article 19(1)(g): MP HC Slams Erstwhile Ban On Central Govt Employees Joining RSS
In a plea filed by a retired government servant seeking permission to join RSS, the Madhya Pradesh High Court came down heavily on the previous office memorandums issued by the Union of India that listed the organization in the banned category.“…voluntary membership of a national & internationally famed organisation like RSS, for activities other than political in nature, like...
Owner Must Ensure Safety Precautions And Warning Signs At Construction Site, Can Be Held Liable For Negligence In Their Absence: MP High Court
A single judge bench of Justice G.S. Ahluwalia of the Madhya Pradesh High Court has delivered an important ruling regarding the criminal liability of a contractor for failing to place warning signs at a construction site, which led to a fatal accident.The court held that owner of the company had the duty to ensure all safety precautions, including warning signs. The negligence in safety...
Court Cannot Compel Accused To Languish In Jail Without Progress In Trial: Madhya Pradesh High Court Reiterates
In a significant ruling, the High Court of Madhya Pradesh at Jabalpur, presided by Justice Gurpal Singh Ahluwalia, addressed the critical issue of whether an accused can be detained in jail without any progress in their trial. The ruling came in response to the Misc. Criminal Case No. 27895 of 2024 filed by Suma Bhaskaran (Suma Anil) against the Union of India.Suma Bhaskaran was arrested on...
MP High Court Calls For State's Report On Plea Challenging Construction Of Bridge At UNESCO Geo-Heritage Site Known For Dinosaur Fossils
In a plea filed by an environmental conservationist against bridge construction over the Narmada River at Lamheta Ghat, the Madhya Pradesh High Court has asked the state authorities to file a status report within four weeks.Lamheta Ghat consists of Lameta formation, which is said to be the focal point of Lametasaurus fossils, a certain species of dinosaurs, among other fossils.The Division...
Madhya Pradesh High Court Allows Railways To Recommence Operations Of Amlai Coal Siding Subject To Clearance From Pollution Control Board
Recently, the Madhya Pradesh High Court has allowed the Railway Administration to recommence operations of Amlai coal siding after complying with the pollution control measures suggested by the Board. On 25.04.2024, the court had taken note of a closure report issued by the Pollution Control Board, and it immediately put an end to further coal siding activities in the Amlai region of...
Rape FIR 'Suspicious': MP High Court Denies Permission To Terminate Minor's 28-Week Pregnancy
Noting that an FIR lodged by the grandmother of the prosecutrix is 'suspicious' on account of false information about the date of occurrence of rape, Madhya Pradesh High Court has refused to allow the medical termination of prosecutrix's 28-week-old pregnancy.The single judge bench of Justice Gurpal Singh Ahluwalia, while dismissing the petition, reasoned that the Medical Board's report...