Malicious Prosecution Suit Requires Examination Of Evidence, Cannot Be Decided At Preliminary Stage: Madhya Pradesh High Court

While upholding the Trial Court's decision, the Gwalior Bench of Madhya Pradesh High Court has held that the question of whether a suit for malicious prosecution is maintainable or not cannot be decided at a preliminary stage by way of an application under Order VII Rule 11 CPC as it requires a thorough examination of evidence.A single judge bench of Justice Dwarka Dhish Bansal observed, “In...

EWS Members Face Economic Hardship, Different From Caste Discrimination: Madhya Pradesh HC Rejects Age Relaxation Plea For EWS In UPSC Exam

The Madhya Pradesh High Court has dismissed a plea filed by certain EWS category candidates praying for grant of age relaxation to the category in the UPSC Civil Services Examination. In its earlier order dated February 14, the Court had passed an interim order permitting the EWS category candidates to fill the form and had directed the UPSC to extend the age relaxation benefit to them, in...

MP High Court Clarifies Distinction Between Original And Absorbed Janpad Panchayat Employees For Pension Eligibility

Madhya Pradesh High Court: A Division Bench of Justices Suresh Kumar Kait (Chief Justice) and Vivek Jain dismissed an appeal against a Single Judge's order. The court ruled that a Janpad Panchayat employee who failed to establish his absorption from the previous Janpad Sabha is not entitled to pension benefits. The court held that only employees of Janpad Sabha absorbed into Janpad...

Attempt By Mighty State To Curtail Personal Freedom: MP High Court Quashes Collector's 'Cryptic' Externment Order Against Woman, Fines ₹25K

Quashing a Collector's externment order prohibiting a woman from entering the boundaries of district Umariya and other neighbouring districts for a year, the Madhya Pradesh High Court termed it as "cryptic" observing that it appeared to have been passed due to "other compulsions" rather than the requirements of law. In doing so the court quashed the order observing that it appeared to be...

SC/ST Act | "Repeat Appeal" For Bail After Plea Was Dismissed On Merits Not Maintainable Before HC, Accused Can Move Special Court: MP High Court

While answering a reference with respect to the scope of Section 14A(2) of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, the Madhya Pradesh High Court held that a second criminal appeal against the Special Court or the Exclusive Special Court's original order rejecting bail is not maintainable.The court further clarified that a "repeat appeal" for bail after...

Illegal Termination, Daily Wage Workers Entitled To Reinstatement With 50% Back Wages : MP HC

Madhya Pradesh High Court: A single judge bench of Justice Vishal Mishra upheld a Labour Court's award that reinstated a daily wage worker with 50% back wages, after finding his termination violated the Industrial Disputes Act (ID Act). The court rejected the State's contention that reinstatement should not be granted as a routine remedy. It affirmed that when services are...

Illegality In Recognizing Colleges: MP High Court Asks Police To Collect CCTV Footage Near Nursing Council's Office To Check Its Activities

While hearing a PIL claiming irregularities in granting recognition to nursing colleges, the Madhya Pradesh High Court has directed the Additional Commissioner of Police (Cyber Crime), Bhopal to collect the CCTV footage of cameras installed in proximity of Madhya Pradesh Nursing Registration Council's (MPNRC) Office. The Court has also directed MPNRC to produce the "original files related...

Indian Forest Act | Advocates Can Appear In Confiscation Proceedings, Though Can't Conduct Cross Examination: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that Advocates can appear in confiscation proceedings before the forest officer under the Indian Forest Act, however they do not have the right to cross-examine the statements or affidavits filed in such proceedings. A single judge bench of Justice Vishal Dhagat observed, “As per Section 30 of Advocates Act, 1961, Advocates are given right to appear...

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty

While upholding the verdict passed by the Family Court, the Indore Bench of Madhya Pradesh High Court held that despite husband's objections, if a wife is involved in vulgar chatting with other men, it would amount to mental cruelty and a ground for divorce under Section 13 of the Hindu Marriage Act, 1955.A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “It is...

MP High Court Directs Indore Municipal Corporation To Release Musical Instruments Seized From Singer Honey Singh's Concert Over Organiser's Tax Liability

The Indore Bench of Madhya Pradesh High Court has directed the Indore Municipal Corporation to release musical instruments seized from Singer Honey Singh Concert in Indore for non payment of taxes.A single judge bench of Justice Subodh Abhyankar observed, “Having considered the rival submissions and on perusal of the documents, under the facts and circumstances, this Court is inclined to...

Higher Officials Never Come Up With Pay, Promotion Issues; Why Are Class III & IV Employees Victimised? MP High Court Asks Cabinet To Intervene

The Indore Bench of Madhya Pradesh High Court has asked the State Cabinet to look into the victimization of Class – III and IV employees by wrong and adamant approach of higher officials.A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “We have come across various cases, in which Class – IV employees of the various departments of the State of Madhya Pradesh...

Madhya Pradesh High Court Monthly Digest: February 2025

Nominal Index [Citations 2025 LiveLaw (MP) 30 to 2025 LiveLaw (MP) 41]:Dilip Marmat Versus Collector And Others 2025 LiveLaw (MP) 30Dr. Khyati Shekhar Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 31Bharatlal versus State of Madhya Pradesh 2025 LiveLaw (MP) 32Simmi Bai Versus Shrimaan Police Mahanirikshak Mahodaya And Others 2025 LiveLaw (MP) 33Nausad Qureshi Versus The State...