'Incompetent Public Prosecutors, Govt Advocates Being Appointed By State': Madhya Pradesh High Court Directs Law Secretary To Take Appropriate Steps

Expressing its concern over the appointment of what it called "incompetent" Public Prosecutors and Government Advocates, the Madhya Pradesh High Court has directed the Law Secretary to look into the issue and take appropriate steps. Justice Deepak Kumar Agarwal passed the direction in its order on the anticipatory bail application of a rape accused. “It is a matter of surprise...

Unjust To Apply ‘Ignorance Of Law Is No Excuse' Rule In Case Of Illiterate POCSO Offenders: Madhya Pradesh High Court

The Madhya Pradesh High Court recently presented a grim picture of literacy rate amongst the people of India, especially in Madhya Pradesh, to highlight the devastating ground realities that ensue after executing the strict provisions of the POCSO Act.Single Judge Bench of Justice Atul Sreedharan observed that illiteracy is so high that people are unable to read or comprehend the...

MP High Court Urges Law Commission To Suggest Amendments To POCSO Act Permitting Correctional Measures Instead Of Jail Term If Victim & Accused Marry

While deciding a bail application of an accused under the Protection of Children from Sexual Offences Act (POCSO Act), the Madhya Pradesh High Court went on to request the Law Commission of India to suggest suitable amendments to the Act making it possible for the Special POCSO Judges to impose correctional methods on convicts, rather than sentences of imprisonment, especially when...

[SC/ST Act] Accused May Prefer Statutory Appeal Against Bail Rejection By Special Court, Can't Approach High Court U/S 438 & 439 CrPC: Madhya Pradesh HC

The Madhya Pradesh High Court at Gwalior on Wednesday observed that High Court cannot entertain applications under section 438 (Direction for grant of bail to person apprehending arrest) or 439 (Special powers of High Court or Court of Sessions regarding bail) CrPC for an offence under the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 as Section 14A (2) (Appeal) of...

Madhya Pradesh High Court Rejects Widow’s Plea For Family Pension, Says Contracting Second Marriage ‘Misconduct’

The Madhya Pradesh High Court has held that the second wife of a government employee is not entitled to family pension if the second marriage was done without obtaining a divorce from the first wife and without obtaining prior permission from the State Government as is mandated under the Madhya Pradesh Civil Services (Conduct) Rules 1965.A bench comprising Justice Vivek Agrawal passed the...

Madhya Pradesh High Court Takes Strict View Of State's Delay In Filing Appeal Against Compensation Award, Directs Recovery From Erring Officers

The Madhya Pradesh High Court at Jabalpur recently pulled up the State Authorities for the delay of over 8 years in filing an Appeal against a compensation award passed by Labour court. The Court has directed the Chief Secretary of the State to conduct an enquiry to determine who was responsible for not filing the appeal within the limitation period and recover the amount involved from the...

Lawyers’ Strike: Madhya Pradesh High Court Initiates Contempt Case Against State Bar Council, Warns Of Criminal Prosecution For Wrongful Restraint

The Madhya Pradesh High Court has initiated a contempt case against the Chairman of State Bar Council and its other elected members over continuing strike of lawyers in the state. The State Bar Council, instead of resolving the issue, chose a path of confrontation without justifiable cause, the court said.The Gwalior bench on Monday issued notice to the elected members, asking why it should...

VAT Act, Madhya Pradesh High Court Directs Dept. To Refund Pre-Deposit With 6% Interest

The Madhya Pradesh High Court has directed the state/commercial tax department to refund the pre-deposit amount paid during the appeal with 6% interest to the assessee.The division bench of Justice Sushrut Arvind Dharmadhikari and Justice Prakash Chandra Gupta has observed that even though there is no provision for payment of interest on the refund of amounts so collected under the VAT Act,...

Mere Breach Of Promise Not Equivalent To Giving False Promise To Marry: Madhya Pradesh High Court Quashes Rape Case

The Madhya Pradesh High Court at Gwalior quashing a rape case observed that a mere breach of promise to marry cannot be said to be a false promise to marry. Justice Deepak Kumar Agarwal observed that only a false promise to marry made with the intention to deceive a woman would vitiate the woman's consent being obtained under the misconception of fact. On going through the law laid down...

Madhya Pradesh High Court Initiates Suo Moto PIL Over Lawyers' Strike, Says Those Deliberating Avoiding Proceedings Will Face Serious Consequences

The Madhya Pradesh High Court at Jabalpur on Friday initiated Suo Motu Public Interest Litigation as a result of the communication by the Chairman of the State Bar Council of Madhya Pradesh asking the Advocates to abstain from court work from 23rd March. Division Bench consisting of Chief Justice Ravi Malimath and Justice Vishal Mishra observed that We are of the considered view that the duty...

‘Tendency Has Developed To Make Rape Allegation With Certain Motives Against Husband or Lover’: Madhya Pradesh High Court Grants Pre-Arrest Bail To Cong MLA

The Madhya Pradesh High Court at Jabalpur recently granted anticipatory bail to Congress MLA Umang Singh Shingar in a rape case.Justice Sanjay Dwivedi observed that "Perusal of case diary, nature of allegations and submissions of counsel for both the parties, clearly reveal that at the time of developing physical relation prosecutrix was married. She is mentally sound, educated and is also...

'Documentary Evidence' Not Pre-Condition To Avail Remedy U/S 17 SARFAESI Act Against Secured Creditor's Action U/S 13(4): MP High Court

The Madhya Pradesh High Court has made it clear that 'documentary evidence' is not a pre-condition to avail remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) against secured creditor’s alleged action under Section 13(4) of the Act.Section 17 provides remedy of appeal before DRT to any...