Application U/S 94 Of IBC Cannot Be Entertained Against Sole Proprietorship Firms: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justice Vivek Rusia and Justice Prem Narayan Singh has held that since sole proprietorship firms are not included in the definition of the corporate person under section 3(7) of the Insolvency and Bankruptcy Code, 2016 (Code), an application under section 94 of the Code cannot be entertained. Brief Facts: The petitioner is an owner of the...

Bhopal Gas Tragedy: MP Govt Assures High Court Of Union Carbide Toxic Waste Disposal In 72 Days

The Madhya Pradesh government on Thursday (March 27) informed the High Court that it can dispose of the toxic waste generated by the now-defunct Union Carbide Factory at Bhopal in a period of 72 days- by incineration at the Pithampur facility.The State submitted an affidavit stating that the trial runs to dispose of 30 metric ton of waste, permitted by the High Court last month, were...

S.109 IPC | Both Man & Woman Can Be Held Liable For Abetment To Rape If Act Is Committed In Consequence Of Abetment: Madhya Pradesh HC

While hearing a criminal revision, the Madhya Pradesh High Court has reiterated that a man and woman both can be held liable for abetment to rape under Section 109 of the Indian Penal Code.In doing so the court underscored that abetment is separate and distinct offence than rape and if the abetted act is committed in consequence of the abetment, then the person i.e. man or woman abetting...

Law Institutions Admitting Students Without Having BCI Recognition Shall Face Criminal Action: Madhya Pradesh High Court

In a plea on denial of enrolment to law graduates by State Bar Council as they graduated from an institution not recognized by BCI, the Madhya Pradesh High Court directed that in future, criminal action shall be initiated against an institution if it admit students without having the necessary recognition. In doing so, the Court also directed that all formalities regarding renewal of...

MV Act | MP High Court Orders Action Against Lawyer, Doctors Who Forged Disability Certificate For Claimant; Asks SIT To Probe Such Frauds

While hearing a matter pertaining to a motor accident insurance claim, the Madhya Pradesh High Court has directed the Director General of Police to constitute a Special Investigation Team to investigate the cases of false implication where claimant, police, regional officials and doctors act in connivance.In doing so the court reduced the net compensation payable to the claimant from Rs....

Madhya Pradesh HC Mulls Contempt Action After Advocate Loses Cool, Makes 'Contemptuous Remarks' On Rising Case Pendency

While hearing a criminal appeal, the Madhya Pradesh High Court took serious note of an Advocate's "contemptuous remarks" towards the bench where the advocate commented on the alleged increase in "pendency of cases" and sought transfer of his matter to another bench. Noting the remarks made by the Counsel, the Court referred the matter to the Chief Justice and adjourned it without fixing any...

Hindu Marriage Act Applies To Jain Community: Madhya Pradesh High Court Quashes Family Court Order Rejecting Divorce

While setting aside a Family Court order, the Madhya Pradesh High Court clarified that even though Jain community is recognized as a minority community vide a central government notification, it would be governed by the provisions of Hindu Marriage Act after noting that the marriage rituals are similar. In doing so the court observed that the notification recognizing Jain community as a...

Bandhavgarh Tiger Reserve: MP High Court Asks State To Explain How Private Resort's Safari Vehicles Are Operating Beyond Roster System

The Madhya Pradesh High Court has asked the State to clarify that which government policy or National Tiger Conservator Authority (NTCA) guideline has permitted a private resort inside the Bandhavgarh Tiger Reserve to operate its tourist/safari vehicles beyond the specified roster system laid down by NTCA. The court was hearing a plea challenging a March 1 order passed by the reserve's...

State Rules Violate NCTE Regulation: MP High Court Strikes Down 2nd Division In Masters Degree Criteria For Selecting High School Teachers

The Madhya Pradesh High Court has struck down the eligibility criteria for selecting High School Teachers in the Education Department which required a second division in Masters Degree, finding it "ultra vires", "manifestly arbitrary" and contrary to the National Council for Teacher Education (NCTE) Regulations.In doing so that the court underscored that the NCTE's regulations would have...

MP High Court Questions Deputation Of Veterinary Doctor As 'Health Officer' Without MBBS Degree, Says It Speaks Volumes About Manner Of Postings

The Madhya Pradesh High Court has expressed concern over the manner in which a veterinary doctor was sent on deputation as a Health Officer in Gwalior Municipal Corporation–a "non-existing post", specially when he did not have an MBBS degree which is the minimum qualification. The Court further directed the state authorities to clarify as to how they posted a veterinary doctor against a...

Dog Bites: Madhya Pradesh High Court Asks Gwalior Municipal Commissioner To Come Up With Tangible Solution To Curb Stray Dog Menace

While hearing a Public Interest Litigation claiming "menace" of stray dogs and dog biting incidents in Gwalior, the Madhya Pradesh High Court asked the State authorities specifically the city's Municipal Commissioner to come out with a tangible solution by the next date of hearing.Issuing notice on the plea, a division bench of Justice Anand Pathak and Justice Hirdesh observed,...

Persons With Higher Disability To Be Preferred In Public Employment: MP High Court Quashes Recruitment Process For Violating RPwD Act

The Madhya Pradesh High Court has recently quashed a 2024 advertisement and the recruitment process initiated by the state's Skill Development Department for not complying with the Rights of Persons With Disabilities Act (RPwD), 2016. In doing so, the Court opined that a person with higher percentage of disability must be given preference in recruitment process with the condition that it does...