Madhya Pradesh High Court Dismisses Father's Habeas Corpus Plea For Custody Of Minor Child, Suggests Alternate Remedy U/S 13 Of CPC

The Madhya Pradesh High Court in its Gwalior Bench dismissed a habeas corpus petition filed by a father based in USA, seeking the custody of his minor son. The Bench comprising of Justice Anand Pathak & Justice Rajendra Kumar Vani deliberated on whether an order passed by the Foreign Court directing the mother to produce the child before it would render the custody of the minor...

Madhya Pradesh High Court Upholds Penalty Against District Court Clerk For Delay In Relaying Important Information Requested By HC

The Madhya Pradesh High Court, on Thursday (June 19), upheld a disciplinary action initiated against an Executant Clerk, serving in the Court of Judicial Magistrate First Class, for causing undue delay in relaying essential information requested by the High Court. The disciplinary proceedings stemmed from an incident that occurred in June 2016, when the petitioner was required to submit...

'Opportunity To Be Heard Was Not Granted': Madhya Pradesh High Court Quashes Order Terminating Panchayatkarmi

The Madhya Pradesh High Court, on Thursday (June 19), set aside a termination order of a Panchayatkarmi, noting that the removal/ termination order was passed in violation of the principles of natural justice. The bench noted that the petitioner was neither granted any opportunity to file written statements nor was granted an opportunity to be heard. The bench of Justice Milind Ramesh...

Madhya Pradesh High Court Issues Notice To State On Plea Concerning Overpricing Of Liquor

While hearing a PIL concerning overpricing of liquor beyond MRP by vendors, the Madhya Pradesh High Court has issued notice to State and asked to file an affidavit indicating the action taken by them in this regard.The division bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf observed, “Respondents are directed to file an Affidavit indicating (i) number of...

'Act Was Brutal But Not Committed With Brutality': Madhya Pradesh High Court Commutes Death Penalty In Child Rape Case

The Madhya Pradesh High Court, on Thursday (June 19), commuted death penalty of a 20 year old man belonging to a scheduled tribe convicted of raping a 4 year old child. The trial court had granted capital punishment, noting that the child was left permanently disabled. The high court, while acknowledging the gravity of the offence, held that although the act was undeniably brutal, it was...

MP High Court Issues Notice To Centre, State On PIL Concerning Unauthorised Use Of Govt Tribal & SC Girls Hostel By Kendriya Vidyalaya

The Madhya Pradesh High Court has issued notice to Union and State Government in a PIL concerning violation of privacy of girls residing in Government Senior Tribal Girls hostel and Government Senior Girls SC hostel, Jabalpur.As per the plea, a government school is being run inside the premises of the girls' hostel.The Court has also issued notice to Deputy Commissioner and Assistant...

Ex Parte Order Can Be Recalled If Party Complies With Directions & Legal Issues Require Full Hearing For Proper Adjudication: MP High Court

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar has held that an ex parte order may be recalled when the concerned party appears later, complies with the court's directions, and the matter involves complex legal issues requiring a fair hearing from both sides for an effective adjudication. Brief Facts: This application has been filed for recalling an ex-parte...

Judicial Officers Acting In Official Capacity Cannot Be Prosecuted Unless Malafide Is Apparent: Madhya Pradesh High Court

The Madhya Pradesh High Court, in a recent judgment (June 16), highlighted that judicial officers, while acting in their judicial capacity, are protected from prosecution. The court reiterated that judicial officers enjoy protection under Section 197 of the CrPC (Criminal Procedure Code) and interference through Article 226 and 227 is only possible if there is clear malafide intentions or...

MP High Court Grants Bail To Lecturer Booked For Hurting Religious Sentiments By Forwarding Content On WhatsApp

The Madhya Pradesh High Court has granted bail to a Lecturer who was accused of circulating questionable religious content on WhatsApp which allegedly hurt the sentiments of a community.In doing so, the Court said that simply on ground of forwarding messages and videos which may hurt religious sentiments of others, a person cannot be kept in jail indefinitely.Justice Avanindra Kumar...

MP High Court Allows Husband To Produce Wife's WhatsApp Chats Obtained Without Her Consent To Prove Adultery Allegations

While hearing a matrimonial dispute, the Gwalior Bench of Madhya Pradesh High Court held that private WhatsApp Chat is admissible as evidence under Section 14 of the Family Courts Act even if it was obtained without consent of the partner or is not admissible under the Indian Evidence Act, 1872.Justice Ashish Shroti in his order observed,“Since no fundamental right under our Constitution...

MP High Court Permits Mountaineer Megha Parmar Who Conquered Mt Everest To Approach State For Inclusion In 2023 Vikram Award List

While hearing a plea filed by mountaineer Megha Parmar for inclusion of her name in the Vikram Award List 2023, the Madhya Pradesh High Court has permitted the mountaineer to file a representation before the State for consideration of her case.The court also asked the State to respond to plea filed by Parmar, who is stated to be the first woman mountaineer from the state to climb Mount...

Order Passed To Save Education Dept's Face: MP High Court Quashes College Principal's Suspension For No Direct Role In Irregular Evaluation

While setting aside the suspension order of a Government College Principal, the Madhya Pradesh High Court said that the order was passed just to save the face of department among the public and to show that appropriate action was taken for the alleged irregularity in evaluation of answer sheets. The Court noted that the Higher Education Department passed the order without taking into account...