Forced Unnatural Sex By Husband Is Cruelty U/S 498A IPC, But Not Rape Due To Marital Exception: MP High Court

The Madhya Pradesh High Court, in a husband's petition seeking quashment of FIR, observed that while forced unnatural sex by a husband upon his adult wife cannot be prosecuted as rape under Section 376, it would amount to cruelty under Section 498A of the Indian Penal Code. The bench of Justice Rajesh Kumar Gupta observed; "But, this Court is also of the opinion that forced unnatural sex by a husband on his wife amounts to cruelty under Section 498A IPC, but cannot be prosecuted as...

'Shocking' That Minor Girls Missing For 10+ Years, Yet Police Have No Whereabouts: MP High Court

The Madhya Pradesh High Court, on Wednesday (January 7), directed the Police authorities to file a detailed reply specifying the number of minor girls who have gone missing in the past decade. The court further instructed the authorities to disclose the number of girls who were traced through police efforts and those who returned voluntarily. These directions were passed in a public interest litigation filed by a survivor of the flesh trade, who sought judicial intervention to safeguard...

MP High Court Allows Specially Abled Person To Intervene In PIL Seeking Accessible Court Amenities; State, HC Administration To Respond

The Madhya Pradesh High Court, on Monday (January 5), granted time to the State Government and the High Court administration to file their replies in a public interest litigation seeking directions to provide necessary facilities for persons with disability as well as persons suffering from chronic diseases, women and senior citizens in the High Court and District Courts. The division bench...

MP High Court Grants Bail To Former Bar President Over Protest Against Installation Of Ambedkar Statue In HC Premises At Gwalior

The Madhya Pradesh High Court (at Gwalior) on Wednesday (January 7) granted bail to former President of the High Court Bar Association Anil Mishra who was arrested in connection with a protest held in the city, allegedly against installation of a statue of BR Ambedkar within the high court premises at Gwalior.The division bench of Justice GS Ahluwalia and Justice Ashish Shroti observed that...

Income Declared Under VDIS Can Still Be Scrutinised If Higher Income Is Found: Madhya Pradesh High Court

The High Court of Madhya Pradesh at Jabalpur recently held that declaring income under the Voluntary Disclosure of Income Scheme, 1997 does not stop the income tax department from checking whether the correct income was disclosed, even though the scheme protects the assessee from being questioned about the source of that income. A Division Bench of Justice Vivek Rusia and Justice Pradeep...

'Article 21 Includes Right To Clean Drinking Water': MP High Court Asks State To Stop Supply From Contaminated Sources In Indore

The Madhya Pradesh High Court on Tuesday (January 6) issued slew of directions in a plea highlighting the serious public health emergency related to the supply of unsafe and contaminated drinking water in affected areas in Indore which had resulted in mass illness and loss of human life.On December 31 the court had directed the Indore Municipal Corporation to ensure the supply of clean...

MP High Court Directs School To Include Father's Name In Child's Records, Says Marital Dispute Can't Undermine His Parental Rights

The Madhya Pradesh High Court has directed Little Angels High School in Gwalior to update a child's school records to include the name of his biological father, observing that marital dispute between parents cannot undermine the parental rights of the biological father. The division bench of Justice Anand Pathak and Justice Anil Verma observed; "...school record would ultimately form the basis...

Court Stenos, Readers Who Underwent Computer Training Between 2006–2014 Entitled To Advance Increment: MP High Court

The Madhya Pradesh High Court, on Monday (January 5), held that the benefit of one advance increment must be extended to all Class III judicial employees who had undergone computer knowledge training between February 6, 2006, to September 29, 2014, as a right has been accrued in their favour. The division bench of Justice Vivek Rusia and Justice Pradeep Mittal observed; "Those who were...

Contrary To NALSA Scheme: MP High Court Quashes State Legal Services Authority's SOP For Fresh Selection Of Legal Aid Defence Counsel

The Madhya Pradesh High Court has quashed State Legal Services Authority's (SLSA) Standard Operating Procedure (SOP) for fresh selection of Legal Aid Defence Counsel after completion of two years, noting that it was contrary to National Legal Service Authority's (NALSA) 2022 Modified Scheme.The division bench of Justice Vishal Dhagat and Justice Anuradha Shukla observed that the Modified...

MP High Court Protects Young Live-In Couple, Cautions Against Economic And Social Costs Of Early Life Choices

The Madhya Pradesh High Court, while granting protection to a couple, aged 20 years, observed that although the Constitution confers certain individual rights, such as the right to reside per one's own will, it is not always necessary to exercise or enforce them in every circumstance. The bench of Justice Gajendra Singh highlighted the practical difficulties, noting that if the young...

Indore Water Contamination: MP High Court Directs Municipal Corporation To Ensure Pure Water Supply, State To Provide Treatment To Affected

The Madhya Pradesh High Court on Wednesday (December 31) directed the Indore Municipal Corporation to ensure the supply of clean drinking water to the residents of Bhagirathpura locality in Indore city. These observations were passed by the division bench of Justice Rajesh Kumar Gupta and Justice BP Sharma in a petition highlighting the serious public health emergency related to the supply...

Grant Of Age Relaxation To Meritorious Women Candidates Does Not Debar Them From Competing In Open Category: MP High Court

The Madhya Pradesh High Court has held that granting age relaxation to women candidates, if meritorious, does not disqualify them from competing for the open unreserved category post. The bench of Justice Deepak Khot, while directing the authorities to consider the petitioner's appointment her Eye Assistant (Ministerial), emphasised that a candidate applying for a reservation vertically...