Madhya Pradesh High Court
MACT Can't Withhold Compensation Even If Vehicle Owner Failed To Furnish Security; Didn't Meet Apex Court Guidelines: Madhya Pradesh High Court
The Madhya Pradesh High Court recently criticised a Motor Accidents Claims Tribunal at Tikamgarh for not disbursing the claim amount citing the non-furnishing of security by the owner of the offending vehicle.The single-judge bench of Justice Vivek Agarwal held that the law, as it stands, prevents the tribunal from withholding the award amount deposited by the insurance company even if there are infractions of the terms and conditions of the insurance policy by the driver or owner of the...
Ousting Woman From Matrimonial Home Over Dowry Is Mental Cruelty, Continuous Offence With Fresh Cause Of Action Each Day: MP High Court
Madhya Pradesh High Court has recently underscored that compelling a married woman to live in her parental home for less dowry would amount to mental cruelty.The single-judge bench of Justice Gurpal Singh Ahluwalia added that the same would constitute a continuous offence which gives the aggrieved woman a fresh cause of action every day from there on.“It is true that there may not be any physical cruelty after the separation but under section 498-A of IPC, cruelty may be of mental or...
'Contrary To Constitutional Spirit', MP High Court Slams Businessmen Enjoying Police Security For 12 Yrs On Flimsy Grounds, Arrears Of Over 2.5Cr
In a recent decision, Madhya Pradesh High Court has deprecated the practice of availing police protection indefinitely on flimsy grounds without making payments, with the sole intention of "basking in the glory of position and power".The single judge bench of Justice Anand Pathak underlined that providing police security uninterruptedly when there is no source of threat against the applicants...
Medical Negligence: MP High Court Quashes Prosecution Against Doctor Over Leg Amputation Citing Absence Of Expert Committee Report
Madhya Pradesh High Court has iterated that no prosecution can be launched against a doctor accused of medical negligence without the report of an expert committee as contemplated in Jacob Mathew v. State of Punjab & Anr. (2005).The single-judge bench of Justice Gurpal Singh Ahluwalia noted that the complainant did not approach a committee of experts to prove the medical negligence of...
Inter Se Seniority Of Employees Can't Be Decided By Overlooking Merit & Giving Preference To Age When 'Merit' Criteria Already Adopted: MP High Court
In a case pertaining to inter se seniority among sub-engineers of Industrial Development Corporation, Madhya Pradesh High Court has held that the merit list can't be overlooked by giving preference to age in matters of promotion.The single judge bench of Justice Vivek Agarwal observed that when the daily wagers have been placed in a particular order in reference to their merit, then that...
Co-Defendants Can't File Counter Claims Against Each Other, Must File Separate Suit Regarding Dispute Over Suit Property: MP High Court
Madhya Pradesh High Court has recently clarified that co-defendants in a suit cannot file cross-suits against each other, and for a separate dispute about the suit property, a separate suit can be filed to which Section 10 of CPC won't be applicable.While adjudicating the issue, the single-judge bench of Justice Vivek Rusia observed that the inter se dispute between the plaintiff and...
Woman Can't Seek Maintenance From Second Husband U/S 125 CrPC If Her First Marriage Survives: Madhya Pradesh High Court
Madhya Pradesh High Court has refused to interfere with a family court order that denied maintenance to a woman on account of the subsistence of her first marriage with another man. The court took the view that a wife should be a 'legally wedded wife' for claiming maintenance under section 125 CrPC.The single-judge bench of Justice Prem Narayan Singh added that the petitioner-woman will be...
[Order VI Rule 17 CPC] Only Pleadings Proposed Should Be Considered In Amendment Application, Not Merits Of Proposed Amendment: MP High Court
Madhya Pradesh High Court has underscored that the merits of the proposed amendment under Order VI Rule 17 CPC must not be taken into consideration by the trial court. The amendment application should be allowed by examining the proposed pleadings alone, the court clarified.The single judge bench of Justice Pranay Verma also added that the amendment sought in the written statement by...
'Its Character Needs To Be Demystified': Madhya Pradesh HC Directs ASI To Survey Bhojshala Temple-Kamal Maula Mosque Complex
The Madhya Pradesh High Court (Indore Bench) today directed the Archaeological Survey of India (ASI) to conduct a scientific investigation, survey and excavation at the Bhojshala Temple cum Kamal Maula Mosque complex in Dhar district of the State. A bench of Justice SA Dharmadhikari and Justice Devnarayan Mishra ordered thus while hearing an interlocutory application filed in a...
Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156(3) CrPC to the designated special judge of Indore District Court.The single-judge bench of Justice Sanjay Dwivedi noted that since...
Centre Notifies Appointment Of Justice Duppala Venkata Ramana As A Permanent Judge Of Madhya Pradesh High Court
The Central government on Sunday notified the appointment of Justice Duppala Venkata Ramana as a permanent judge of the Madhya Pradesh High Court.A notification issued in this regard by the Ministry of Law and Justice reads thus:"In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint Shri Justice Duppala Venkata...
MP High Court Imposes Rs 2 Lakh Cost On Revenue Officer, RTI Activist For Harassing Senior Citizen With Bogus 'False Domicile' Complaint
Madhya Pradesh High Court has imposed Rs 2 lakhs cost on SDO (Revenue), Sendhwa and an RTI activist (complainant) to be paid jointly for harassing an elderly couple through proceedings beyond the scope of the law. According to the court, such harassment was done on the pretext that the petitioner, a retired college principal, issued a false domicile certificate in his wife's favour for...