Madhya Pradesh High Court
S.47A Excise Act | Confiscation Has Serious Consequences On Constitutional Rights; Can't Stand After Acquittal: MP High Court
The Madhya Pradesh High Court has held that once the accused is acquitted by the Competent Court, a confiscation order passed under Section 47A of the MP Excise Act, 1915, by the Collector cannot survive independently. [2026 LiveLaw (MP) 219]The bench of Justice Milind Ramesh Phadke also emphasised that confiscation of property has serious consequences on the constitutional rights of citizens...
Food Adulteration Act | Failure To Inform Accused Of Right To Get Food Sample Tested By Central Lab Vitiates Prosecution: MP High Court
The Madhya Pradesh High Court has held that failure to inform an accused of the statutory right under Section 13(2) of the Prevention of Food Adulteration Act, 1954 to have the food sample analysed by the Central Food Laboratory vitiates the prosecution. [2026 LiveLaw (MP) 220]Observing that the right is a valuable safeguard intended to enable the accused to challenge the Public Analyst's...
Does Receiving Gratuity as a High Court Judge Prevent a Separate Gratuity for Service as Lokayukta? Madhya Pradesh High Court Answers
The Madhya Pradesh High Court has held that Lokayukts and UpLokayukts are entitled to receive Gratuity for their services, which is independent from the benefits received from High Court Judgeship. [2026 LiveLaw (MP) 218]The division bench of then Chief Justice Sanjeev Sachdeva and Justice Dwarka Dhish Bansal observed,"...petitioners are entitled for the benefit of Death-Cum-Retirement...
MP High Court Upholds Digital Evaluation Of Answer Sheets By Medical University But Suggests Improvements To Enhance Transparency
The Madhya Pradesh High Court has dismissed two writ petitions challenging the digital evaluation of answer scripts by the MP Medical Science University of Jabalpur, noting that there was no significant change in the marks obtained through physical independent evaluations. [2026 LiveLaw (MP) 217]The division bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal further...
Victim Must Be Heard Even Before Rejection Of Closure Report: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that a victim or complainant must be afforded an effective opportunity of hearing before a court decides a closure report, even where the court ultimately rejects the report. [2026 LiveLaw (MP) 216]Holding that procedural fairness cannot be dispensed with merely because the outcome favours the victim, the Court set aside a Special Judge's order rejecting...
MP High Court Reserves Verdict In Congress MLA's Plea To Direct Speaker To Decide Defection Plea Against MLA Nirmala Sapre
The Madhya Pradesh High Court on Thursday (June 18), reserved its order in a petition filed by Congress MLA Umang Singhar seeking disqualification of BJP MLA from Bina constituency, Nirmala Sapre, arguing that she stands disqualified on grounds of defection.The division bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal reserved judgment after recording the arguments of...
Madhya Pradesh High Court Lifts Stay On Arrest Warrant Against TMC MP Abhishek Banerjee In BJP Leader's Defamation Case
The Madhya Pradesh High Court on Wednesday (June 17) lifted an interim stay on execution of arrest warrants issued by the trial court against TMC National General Secretary and Member of Parliament Abhishek Banerjee in a defamation case, after no one appeared on his behalf in the matter. [2026 LiveLaw (MP) 215]Banerjee had moved a plea challenging arrest warrants issued by the trial court in...
MP High Court Halts Coercive Action Against Lounge Serving Herbal Hookah, Says Apprehension Of Misuse Doesn't Justify Blanket Ban
The Madhya Pradesh High Court has granted relief to 'The High Tribe' lounge by restraining authorities from taking any coercive action against it for serving herbal, tobacco and nicotine-free hookah. [2026 LiveLaw (MP) 213] The bench of Justice Himanshu Joshi observed that the applicable legal provisions are aimed at prohibiting the smoking of tobacco and related substances and are not...
EWS Candidates Can't Claim Age Relaxation As A Matter Of Right In Absence Of Statutory Rules: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that an enabling provision of the Constitution [such as Articles 15(6) or 16(6)] does not vest the right to claim age relaxation, especially where the statutory framework does not provide for the same. [2026 LiveLaw (MP) 212]The division bench of Justice Pranay Verma and Justice Jai Kumar Pillai rejected an appeal, challenging the order of the Single...
Allowing Officer To Oversee Department Handling Disciplinary Proceedings Against Him Is Impermissible: MP High Court
The Madhya Pradesh High Court has held that permitting a delinquent officer to hold charge of the very department responsible for initiating disciplinary proceedings against him is legally impermissible and contrary to principles of natural justice. 2026 LiveLaw (MP) 211The bench of Justice Vivek Kumar Singh strongly criticised the State, remarking that the decision "shocks the conscience" of...
Can Cop's Life-Threatening Rescue Operation Be Dismissed As Routine Police Duty? MP High Court Explains
The Madhya Pradesh High Court has clarified that a rescue by a police officer in a life-threatening operation cannot be dismissed as a standard discharge of his everyday obligations to deny out-of-turn promotion. [2026 LiveLaw (MP) 210]The bench of Justice Vivek Kumar Singh elucidated that the said police officer went beyond the call of duty to save two people stuck in an overload truck at...