'No Coercion': State Counsel Submits Before MP High Court In Case Of 'Victim' Who Shot 'Rape' Video, Bail Granted To Accused

The Madhya Pradesh High Court on Wednesday granted bail to a man who has been accused of committing rape against a married woman after the state’s counsel submitted a report before it opining that prima facie it was not an act against the will of the victim. The bench of Justice Atul Sreedharan passed this order on the bail plea filed by accused Jitendra Baghel taking into account...

S.12A Commercial Courts Act | Party Cannot Be Non-Suited For Want Of Pre-Institution Mediation If Urgent Interim Relief Sought: MP High Court

The Madhya Pradesh High Court recently observed that in commercial suits wherein interim relief is prayed for, the Plaintiff cannot be non-suited for not following the mandatory provision of pre-institution mediation under Section 12A of the Commercial Courts. Section 12A of the Commercial Courts Act, 2015 (Act of 2015) deals with the mandatory provision of...

OVII R11 CPC | Plaint On Mere Possibility Of Right Being Infringed Without Legitimate Basis For That Right Does Not Disclose Cause of Action: MP High Court

The Madhya Pradesh High Court recently reiterated that a mere possibility of contemplation or possibility that a right may be infringed without any legitimate basis for that right, would not be sufficient to hold that the plaint discloses a cause of action.The bench comprising Justice Subodh Abhyankar further held that in the said circumstances, the plaint can be rejected for want of cause...

Private Complaint For Offences Under IPC, Other Laws Not Barred Under Section 37 Of M.P. Society Registrikaran Adhiniyam: Madhya Pradesh High Court

The Madhya Pradesh High Court recently observed that a private complaint alleging commission of offences under Indian Penal Code and other laws is maintainable and will not be barred under section 37 of M.P. Society Registrikaran Adhiniyam, 1973.The court had framed the question as to whether a complaint filed by a private party against members of a registered society is liable to be dismissed...

MP High Court Directs State Counsel To Ascertain From Video Purportedly Made By Rape 'Victim' Herself If The Act Was Consensual Or Against Will

After the alleged rape victim claimed that she herself made the video of the incident, the Madhya Pradesh High Court last week directed the State Counsel to watch the video and ascertain whether the victim's action reveals consent or resistance to the alleged act of rape."Learned counsel for the State is requested to call for the I.O. with the pen-drive and perused the same in the A.G....

Trial Courts Not Taking Sufficient Pains To Frame Questions U/S 313 CrPC And Confront Accused With Incriminating Material: MP High Court Laments

The Madhya Pradesh High Court recently set aside the conviction of a person under Section 302 IPC due to non-compliance of Section 313 CrPC in the trial court proceedings. The division bench comprising Justices Sujoy Paul and A.N. Kesharwani observed that the court below had not complied with the requirements of Section 313 CrPC in its spirit and therefore, the conviction of the...

Proof Of General Notification Promulgated By Public Servant Would Not Satisfy Requirement Of 'Knowledge' U/S 188 IPC: Madhya Pradesh High Court

The Madhya Pradesh High Court recently held that that a general notification promulgated by a public servant would not satisfy the prerequisite of 'knowledge' on the part of the accused for offence punishable under Section 188 IPC. The bench comprising Justice Rajendra Kumar Verma observed- As already seen, a person booked under Section 188 IPC must have actual knowledge of...

In Cases Of Discrepancy With Regard To Identity Of Land, Boundaries Mentioned In Sale Deed Would Prevail: Madhya Pradesh High Court

The Madhya Pradesh High Court recently reiterated that in cases where there is discrepancy between parties with respect to the identity of the land, then the boundaries mentioned in the sale deed executed by them would prevail. The bench comprising Justice G.S. Ahluwalia observed that in such cases, the onus is on the aggrieved party to get a rectification deed executed- It is...

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC

The Madhya Pradesh High Court at Indore recently, while dismissing a petition filed challenging an order recalling a witness, reiterated that if the conditions under Section 311 of CrPC are satisfied, the Court can recall a witness at any stage of the trial, even after closing prosecution evidence.Justice Vijay Kumar Shukla observed that,It is crystal clear that the Court has been empowered...

What Is The Scope Of Limitation In Suit For Specific Performance Where No Time Was Mentioned For Execution Of Sale Deed? MP High Court Answers

The Madhya Pradesh High Court recently held that the limitation period in a suit for specific relief with respect to a sale deed, where no time was mentioned for its execution, would commence from the date it comes to the notice of the Plaintiff that specific performance is being refused to them by the Defendant. After perusing the jurisprudence laid down by the Apex Court in...

Interim Maintenance Order U/S 125 CrPC Cannot Be Treated As Interlocutory, Revision Can Be Preferred Under Family Courts Act: Madhya Pradesh HC

The Madhya Pradesh High Court at Jabalpur recently held that a criminal revision under Section 19(4) of the Family Courts Act can be preferred against an order for interim maintenance granted under Section 125 of CrPC. Justice Rajendra Kumar (Verma) observed that an order of maintenance affects the rights of a person drastically and substantially and therefore, it cannot be treated as...

Madhya Pradesh High Court Dismisses Congress Leader Kantilal Bhuriya's Plea Against Guman Singh Damor's 2019 Election To Lok Sabha

The Madhya Pradesh High Court, Indore Bench, has dismissed Congress leader Kantilala Bhuriya's petition that had challenged BJP MP Guman Singh Damor's election to the Lok Sabha in 2019 from Ratlam constituency.The court reiterated that the petitioner, challenging an election result, is required to prove that the result has been materially affected due to non-compliance of the provisions of...