Madhya Pradesh High Court
MP High Court Grants Anticipatory Bail To Man Booked In Kidnapping FIR, Slams State For Failing To Produce CCTV Report Despite Grant Of Time
The Madhya Pradesh High Court has granted anticipatory bail to a man who was accused of driving a car allegedly used in the kidnapping of a woman from the SC/ST Community. The bench of Justice Ramkumar Choubey noted that despite the applicant's representation seeking examination of CCTV footage to support his claim that he was not driving the vehicle at the time of the incident, the State...
MP High Court Grants Bail To Minor Accused Of Murder, Says Probation Officer's Report Indicates Possibility Of Improvement Under Proper Care
The Madhya Pradesh High Court granted bail to a child-in-conflict with law booked in a murder case, after taking note of the probation officer's report which indicated the possibility of improvement in the conduct of the child under proper carer and family supervision.The court thus directed the applicant's release and directed handing over custody to the applicant's father on him...
MP High Court Directs Father To Pay Over ₹46 Lakh Towards Daughters' Education In Maintenance Case, Calls It His Obligation
The Madhya Pradesh High Court has enhanced the maintenance of the two daughters, emphasising that a father is obligated to provide for the education expenses of his daughters. Highlighting that women's empowerment should not remain on paper, the bench of Justice Gajendra Singh highlighted:"Father is obliged to provide the education to daughter also. Woman empowerment does not remain on paper...
MP High Court Grants Maintenance To Woman & Child; Draws Adverse Inference Against Man For Refusing DNA Test
The Madhya Pradesh High Court has awarded maintenance to a woman and her son after holding that an adverse interference could be drawn against a man who refused to undergo a DNA fingerprinting test sought to establish the child's paternity. The court observed that proceedings under Section 125 CrPC are welfare-oriented in nature and do not require strict proof of marriage as is necessary...
MP High Court Grants Anticipatory Bail To 'Lucky' Film Producer Over Alleged Violation Of Financing Agreement
The Madhya Pradesh High Court has granted anticipatory bail to the film producer of a recent feature film, "Lucky", in a criminal case arising out of an alleged violation of the film financing agreement. The bench of Justice Gajendra Singh observed:"Having considered the rival submissions and looking to overall facts and circumstances of the case, and considering the fact that there is...
'Prescribed Banned Compound To Children': MP High Court Denies Bail To Doctor Booked In Coldrif Cough Syrup Death Case
The Madhya Pradesh High Court denied bail to a Doctor, booked in a case involving the deaths of several children allegedly linked to adulterated cough syrup.The bench of Justice Pramod Kumar Agarwal observed; "the applicant who is the Child Specialist Doctor has prescribed the fixed dose compound to the children below the age of 4 years which was banned by the circular issued by the Government...
Can't Punish Employee For Delay Over Employer's Inaction: MP High Court Rejects State's Review Against Order Granting Pay-Hike Under Scheme
The Madhya Pradesh High Court has held that the power of review under Order 47 Rule 1 CPC is narrow in scope and cannot be exercised as a substitute for an appeal.For context, the provision enables the court to review its own judgment only in limited circumstances, such as discovery of new and important evidence, a patent error apparent on the face of the record or other analogous...
Unilaterally Revoking Building Permission After Substantial Construction Without Proof Of Fraud Violates Right To Property: MP High Court
While quashing the revocation of building permission and demolition order issued by Indore Municipal Corporation, Madhya Pradesh High Court observed that once the body had granted valid building permission upon which parties undertook construction, it cannot subsequently revoke the permission in the absence of any proof of fraud.In doing so the court said, that such conduct would violate...
MP High Court Directs Inquiry Against Investigating Officer For Arresting Accused In Illicit Liquor Case Based On Unverified Evidence
The Madhya Pradesh High Court has directed the Superintendent of Police, Alirajpur, to initiate an inquiry against the investigating officer who arrested an accused in an illicit liquor transportation case, allegedly based on a truck sale agreement that was never examined by the notary or the witnesses. The bench of Justice Jai Kumar Pillai observed that an inquiry was warranted to ensure...
Deprivation Of Property Without Timely Compensation Violates Article 14: MP High Court On Land Acquisition For NH Project
The Madhya Pradesh High Court has allowed the petition, where land was acquired for the construction of the National Highway, but the compensation amount was not released, observing that depriving landowners of their property without timely compensation violates Article 14 of the Constitution. The division bench of Justice Anand Pathak and Justice BP Sharma observed; "The right to...
Section 22 CPC | Mandatory To Issue Prior Notice To Opposite Party In Plea Seeking Transfer Of Suit To Different Court: MP High Court
The Madhya Pradesh High Court has dismissed a petition seeking transfer of a civil suit from a Narsinghpur court to Jabalpur court, observing that the application was not maintainable due to non-compliance with the mandatory requirement of issuing prior notice to the opposite parties under Section 22 CPC. Section 22 CPC states that where a suit may be instituted in any one of two or more...