Jurisdiction | “Ordinarily Resides” U/S 9 Guardians & Wards Act Doesn't Concern Time Spent At A Particular Place But Intention To Reside: MP High Court

The Madhya Pradesh High Court, Indore Bench recently reiterated that the term “ordinarily resides” under Section 9 of the Guardians and Wards Act has to be determined based on the intent of the person concerned residing at a particular place upon reaching there. Section 9 of the Guardians and Wards Act (“the Act”) deals with the jurisdiction of Court with respect to...

Employee's Length Of Service And Employer's Conduct Relevant Considerations While Granting Back-Wages: Madhya Pradesh High Court

The Madhya Pradesh High Court at Jabalpur bench held that while granting back-wages, the length of service of an employee is required to be taken note of and at the same time, the conduct of the employer is also required to be seen. The bench of Justice Sanjay Dwivedi was hearing a petition filed under Article 226/227 of the Constitution challenging the award of Labour Court through...

Provisions Of CPC To Be Followed In Trial Of Election Petitions U/S 122 Of MP Panchayat Rajya Adhiniyam: Madhya Pradesh High Court

The High Court of Madhya Pradesh, Gwalior Bench, recently set aside the order passed by a Sub Divisional Officer (SDO), wherein the proceedings under Section 122 of the M.P. Panchayat Rajya Adhiniyam, 1993 were not carried out in accordance with the Code of Civil Procedure. Justice Milind Ramesh Phadke held that pursuant to Rule 11 of the M.P. Panchayats (Election Petitions,...

Railway Authority Liable To Pay Compensation Even If Claimant Was Trying to De-board Moving Train: Madhya Pradesh High Court

The Madhya Pradesh High Court recently held that the Railway Authority is liable to pay compensation under Section 124-A of the Railways Act to a Claimant who met with an accident while deboarding a moving train. Section 124-A of the Railways Act, 1989 (“the Act”) deals with compensation on account of untoward incidents. The bench comprising Justice G. S. Ahluwalia observed...

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court

The Madhya Pradesh High Court, Indore Bench recently observed that the even if it has directed the civil court to expedite trial in a matter, the court below cannot adopt shortcut methods to dispose of the case. The bench comprising Justice Subodh Abhyankar added that in case of any difficulty, the trial court is always at liberty to seek guidance from the High Court- From the...

'Offence Dangerous For Communal Harmony’: MP HC Denies Bail To Man Who Allegedly Raped Victim By Impersonating Himself As A Hindu

The Madhya Pradesh High Court has recently denied bail to one Hashim, who has been accused of raping a girl belonging to the Scheduled Caste (SC) community by impersonating himself as a Hindu. The bench of Justice Anil Verma also said that such offences are increasing day by day and are dangerous for communal harmony in society."Such type of offences are increasing day by day and...

Each Pending Case Is A Debt On Judiciary Which Needs To Be Discharged: Madhya Pradesh High Court CJ Ravi Malimath

Delivering his Republic Day speech on Thursday, Chief Justice of Madhya Pradesh High Court Justice Ravi Malimath spoke about the implementation and tremendous success of ’25 Debt’, a scheme launched in October 2021 to tackle the issue of old cases which were pending for many years but were were not being taken up or adjudicated.“Older cases were being shelved while other cases were...

'Malicious Prosecution': Madhya Pradesh High Court Quashes Rape FIR Against An Indian Railway Officer

The Madhya Pradesh High Court on Tuesday quashed an FIR registered against the then Additional Divisional Railway Manager, Bhopal Gaurav Singh for raping a clerk working under him calling it a case of 'malicious prosection' and an 'abuse of process of law'.Having analyzed the records of the case, the bench of Justice Sanjay Dwivedi noted that the victim in the case had put up a false...

Ind vs. NZ ODI Match| 'PIL Based On News Report Not Maintainable': MP High Court Junks Plea Alleging Illegality In Sale Of Tickets

The Madhya Pradesh High Court (Indore Bench) last week dismissed a Public Interest Litigation (PIL) plea filed before it alleging that illegality and fraud has been committed in the sale of tickets for the 3rd ODI Cricket Match between India and New Zealand to be played on January 24 in Indore.Observing that a PIL on the basis of newspaper reporting is not maintainable, a Bench comprising...

Madhya Pradesh High Court Pays Homage To District Judges Who Passed Away Last Year

The Full Court of the Madhya Pradesh High Court on Thursday paid homage to the Judges of the District Judiciary who passed away in the previous calendar year. During the reference, sitting and retired judges, who departed last year, were remembered.This is the first time in the history of Indian Judiciary that this type of reference event was organised to pay homage to the services...

Madhya Pradesh High Court Denies Bail To Man Accused Of Posting Letters Containing Dergotaory Words Against Jain Munis

The Madhya Pradesh High Court last week denied bail to a man (Surendra Kumar Jain) accused of posting typed letters against Jain munis and sages using derogatory and abusive language and thereby hurting the sentiments of the Jain community.The bench of Justice Nandita Dubey was of the opinion that at this stage, when the investigation is still pending, it is not a fit case for grant of...

'Kill Modi' Remark| 'Public Leader Should Be Vigilant In Using Words In Speech': MP High Court Denies Bail To Congress Leader

The Madhya Pradesh High Court on Tuesday denied bail to State Congress leader Raja Pateria in a case over his alleged remark asking people to be prepared to 'Kill' Prime Minister Narendra Modi to save the Constitution and the future of minorities and Dalits.The Court observed that it is not expected from the public leader to use foul language disparaging the image of leaders of a high-up...