Only Parents' Income Relevant To Determine Creamy Layer, Self Or Income Of Spouse Who Is Not Class-I Officer Irrelevant: MP High Court

The Madhya Pradesh High Court has said that to determine the status of the creamy layer, the self-income of the candidate or the income of the husband (below the rank of a class I officer) is not considered. Thus, in such circumstances, only the parents' income is considered the court said. The bench of Justice Ashish Shroti observed; "while determining the status of creamy layer of a...

'Second' Marriage By Muslim Man Not Bigamy U/S 494 IPC; Islam Permits Polygamy: Madhya Pradesh High Court

The Madhya Pradesh High Court has observed that a Muslim man who contracts a 'second' marriage during the subsistence of his first marriage cannot be prosecuted for the offence of bigamy under Section 494 IPC. A bench of Justice BP Sharma observed that Section 494 IPC applies to those cases where the second marriage is void by reason of the subsistence of the first marriage. However, the...

State Can't Deny Paid Maternity Leave To Employees Citing 80-Day Work Rule, Has To Ensure Welfare Measures: MP High Court

The Madhya Pradesh High Court has held that Section 5(2) of the Maternity Benefit Act which bars the benefit of maternity leave unless a woman has worked for 80 days in 12 months, does not apply to establishments of the State Government. The bench of Justice Vishal Dhagat held, "Section 5(2) of the Act of 1961, bars benefit of maternity leave unless woman has worked for 80 days in 12 months....

MP High Court Allows 19-Year-Old Woman To Live With Partner Of Choice After She Rejects Husband, Parents

The Madhya Pradesh High Court recently allowed a 19-year-old married woman to reside with a partner of her choice, after she expressed unwillingness to reside with her 40-year-old husband who she alleged had ill-treated her. In doing so the court appointed 'Shourya Didis' in the woman's "best interest" thereby upholding her right to personal liberty. For context, "Shourya Didi" refers to a...

MP High Court Quashes FIR Against Railway Vigilance Officers Accused Of Harassing Ticket Examiner, Cites Possible 'Extraneous Influence'

The Madhya Pradesh High Court has quashed criminal proceedings against Railway Vigilance Officials for allegedly harassing a ticket examiner and subjecting him to caste-based slurs, raising serious concerns over the manner in which the case was initiated. The court noted that the case gave rise to "reasonable apprehension that process was influenced by extraneous considerations" in...

Land Revenue Code | Mere Allegation Of Taking Indirect Advantage From Demarcation Proceedings Not Criminal Conspiracy: MP High Court

The Madhya Pradesh High Court has held that mere allegation of deriving indirect advantage from demarcation proceedings under the MP Land Revenue Code cannot, in the absence of cogent evidence, form a basis for inferring criminal conspiracy. The bench of Justice BP Sharma quashed a Trial Court order directing registration of an FIR, observing that the order was passed mechanically as...

Whether DM's Non-Disclosure Of NSA Detenue's Right To Make Representation To Him Vitiates Process? MP High Court Refer To Larger Bench

The Madhya Pradesh High Court has referred a significant question concerning the right of representation against a detention order under the National Security Act to a larger bench for consideration. The bench of Justice Anand Pathak and Justice Pushpendra Yadav deemed it appropriate to refer the following question to a larger bench;"(i) Whether in view of clarification and distinction carved...

MP High Court Initiates Suo Moto Criminal Contempt Against BJP MLA For Attempting To Influence Judge In Illegal Mining Case

The Madhya Pradesh High Court on Thursday (April 02) directed its Registry to initiate suo motu criminal contempt proceedings against BJP MLA Sanjay Pathak from Vijayraghavgarh constituency for improperly contacting a sitting judge in connection with an illegal mining case.The division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf directed, "...the Registry to register a...

'Would Trigger Domino Effect': MP High Court Rejects Plea For Alteration Of Candidate's Preference In Govt Exam After Allotment Of Post

The Madhya Pradesh High Court on Thursday (April 2) dismissed a candidate's plea seeking alteration of his preference for post in the 2024 Combined Recruitment Test, holding that allowing a one candidate to alter their preference from 1st to 36th post would trigger a domino effect disrupting the state-wide allocation matrix.This, the court said would also infringe the vested rights of...

MP High Court Allows Mother To Sell Child's Share In Property Citing Risk Of Land Mafia, Inability To Regularly Visit Due To Distance

The Madhya Pradesh High Court has allowed a mother to sell her minor daughter's share in the property after noting her difficulties in taking care of the land parcel located 600 km away from her present place of residence. In doing so the court set aside the setting aside the lower court's order that had earlier denied such permission. The bench of Justice Himanshu Joshi observed:"The record...

MP High Court To Begin Hearing Pleas Challenging Increase In OBC Reservation Quota From April 27

The Madhya Pradesh High Court has directed its Registry to list all matters related to the 2019 ordinance increasing OBC reservation quota for hearing from April 27, 2026. The controversy stemmed from a March 2019 ordinance passed by the State Government, enhancing the OBC reservation in postgraduate medical admissions. Prior to this, the reservation stood at 14% for the OBC category, which...

Departmental Inquiry Not Needed After Bribery Conviction Of Govt Employee: MP High Court Upholds Dismissal

The Madhya Pradesh High Court has dismissed the plea of an ex-government employee against dismissal from service, observing that a detailed departmental inquiry is not necessary once a government employee has been convicted due to his conduct in a bribery case under the Prevention of Corruption Act. The bench of Justice Vishal Dhagat observed; "Detailed departmental enquiry is not necessary...