S.407 IPC | Diverting Goods Midway From Designated Delivery Point Is Misappropriation; Actual Sale, Disposal Not Mandatory: MP High Court

The Madhya Pradesh High Court, on Friday (January 16), held that the diversion of goods midway from the designated delivery point also constitutes misappropriation of goods, one of the essential ingredients of criminal breach of trust (section 407 IPC) and actual sale or disposal of good need not be established. The bench of Justice Rajesh Kumar Gupta emphasized that actual sale or disposal...

POCSO Act | MP High Court Grants Bail To Accused On Noting Suppression Of Victim's Age, Forged Aadhaar

The Madhya Pradesh High Court has granted bail application to a 34-year-old man accused of raping his 15-year-old wife, noting that the man was allegedly defrauded by the victim's family by forging her Adhaar Card and suppressing her age. The bench of Justice Subodh Abhyankar observed;"FIR lodged at the instance of the applicant's side at Police Station Chhipa Barod, District Baran,...

MP High Court Directs Prompt Action Against Industries Operating Without Valid Pollution Clearance

The Madhya Pradesh High Court has directed the Chief Secretary of the State to ensure prompt and coordinated action is taken against all industries running without a valid pollution clearance.The Court was dealing with a suo moto public interest litigation registered based on the news published in the local newspaper, highlighting that 5961 industries are being run without the valid permission...

'Heart Is Bleeding': MP High Court Slams Ineffective Enforcement Of Chinese Manjha Ban, Notes Court Staff Also Injured

While hearing a suo motu petition concerning the illegal manufacture, sale and use of Chinese nylon thread (manjha), the Madhya Pradesh High Court on Friday (January 16) expressed deep anguish over the continued failure of the State to effectively enforce the ban. The division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi said that although media reports indicated that the...

Post-Marriage Migration Doesn't Divest Women Of Reservation Benefits If Caste Is Recognized In Both States: MP High Court

The Madhya Pradesh High Court has held that women candidates who were originally residents of another State and later shifted to MP upon their marriage, are not to be treated as migrants for all service and reservation-related purposes and shall be considered as domiciled residents of the State. The bench of Justice Jai Kumar Pillai observed,"In the present case, although the petitioners...

Over-Age Candidate Can't Claim Relaxation Due To Delay In Earlier Recruitment: MP High Court

The Madhya Pradesh High Court on Wednesday (January 14) held that a candidate who had participated in a recruitment process of 2022 cannot seek age relaxation on the grounds that the earlier recruitment process had extended the age limit prescribed under the Rules.The bench of Justice Jai Kumar Pillai observed; "This Court is of further opinion that even if some delay occurred in concluding...

Trial Court Can't Order Permanent Injunction In Title Suit Without Granting Recovery Of Possession As Consequential Relief: MP High Court

The Madhya Pradesh High Court on Wednesday (January 14) quashed a trial court order in a title suit, observing that the court had erred in passing decree of permanent injunction without granting consequential relief of recovery of possession to the plaintiff despite holding that the land was encroached upon by the defendant. The bench of Justice Vivek Jain observed; "Court had already arrived...

'Irresponsible Appeal Filed To Appease Ego': MP High Court Slaps Costs On State In Dowry Death Case

The Madhya Pradesh High Court has imposed ₹25,000 costs on the State for wasting judicial time by filing an "irresponsible" criminal appeal against acquittal in a dowry death case (Section 304B IPC).The division bench of Justice Vivek Agarwal and Justice BP Sharma observed; "...filing of this Criminal Appeal is mere wastage of time of this Court. It reflects that State has irresponsibly...

Guardian Can Be Held Liable If Minor Flies Kite Using Chinese Manjha: MP High Court

While hearing a suo motu PIL concerning the illegal sale and use of Chinese Manjha, the Madhya Pradesh High Court, on Monday (January 12), held that if a minor was found using Chinese Manjha for kite flying, his/her guardian may be held responsible under Section 106(1) of BNS, 2023, for the death caused by negligence.The division bench of Justice Vijay Kumar Shukla and Justice Alok...

Advocate's Office In Residential Building Not 'Commercial Activity': MP High Court

The Madhya Pradesh High Court on Tuesday (January 13) held that the office of an advocate located in a residential building cannot be treated as a commercial activity.The bench of Justice GS Ahluwalia observed; "As already pointed out, the suit room is not situated in any commercial building but is situated in a residential building, and therefore, by no stretch of imagination, it can be...

Aadhaar, Voter ID Cards Not Conclusive Proof Of Date Of Birth: MP High Court

The Madhya Pradesh High Court on Tuesday (January 13) held that Aadhaar and Voter ID cards are not conclusive proof of a person's date of birth. The bench of Justice Jai Kumar Pillai observed; "it is evident that the Aadhaar Card and Voter Identity Card relied upon by Respondent No.5 cannot be treated as determinative proof of her date of birth. These documents are prepared on the basis...

Candidate Who Availed OBC Quota To Qualify First Stage Of Exam Cannot Later Shift To Unreserved Category: MP High Court

The Madhya Pradesh High Court has said that a candidate who avails reservation benefits under OBC category to qualify for first phase of examination, cannot subsequently seek migration to unreserved category at the second stage of exam after they are unable to qualify the second stage as an OBC candidate. In doing so the court dismissed the plea of a woman who after qualifying the first stage...