MP High Court Holds Excise Act Provision Allowing DM To Confiscate Vehicle With Illegal Liquor & Denying Defence To Owner As Ultra Vires

The Madhya Pradesh High Court has declared Section 47A MP Excise Act–which empowers the DM to confiscate a vehicle and deprives the owner from relying on the defence of knowledge regarding use of vehicle–as ultra vires to the right to practice a profession (Article 19(1)(g)) and right to property (Article 300) under the Constitution. With regard to the confiscation power of DM under...

Husband Forcefully Committing Unnatural Sex With Wife & Assaulting Her For Resisting Can Be Prosecuted For Cruelty: MP High Court

The Madhya Pradesh High Court has held that husband committing unnatural sex with wife against her wishes and assaulting her for resisting would fall under the definition of cruelty under Section 498A of IPC.Justice Gurpal Singh Ahluwalia in his order observed: “Committing unnatural sex with wife against her wishes and on her resistance, assaulting and treating her with physical cruelty...

Zila Panchayat Can Withdraw Financial Powers From Sarpanch Involved In Corruption Case: MP High Court

The Madhya Pradesh High Court has held that the Chief Executive Officer of Zila Panchayat can issue orders withdrawing financial powers of Sarpanch found to be involved in a corruption case.Referring to Madhya Pradesh Panchayat (Powers and Functions of Chief Executive Officer) Rules, Justice Vishal Dhagat in his order observed, “As per said provisions, it is the duties of Chief...

In 'Blatant Case Of Corruption' Accused Can't Claim Suspension Of Sentence As A Right Citing Delay In Appeal Disposal: MP High Court

While dismissing an application for suspension of sentence, the Madhya Pradesh High Court observed that in cases of blatant corruption, the accused cannot claim suspension of sentence as a matter of right merely because the appeal is not likely to be heard at an early date.Justice Subodh Abhyankar in his order observed, “In the present case, it is found that the date of incident is...

'Prima Facie Attempt To Establish Mughal Order': MP High Court Upholds Order Denying Bail To Lawyer Booked Under UAPA

The Madhya Pradesh High Court refused to intervene with an order denying bail to a lawyer, after "prima facie" noting that as per the evidence an attempt was made to disrupt communal harmony in the society with an object of establishing a 'Mughal Order' which existed prior to British rule.The advocate, who is stated to have conducted legal awareness programs, moved the high court...

'State Owns Every Mineral', Panchayat Can't Excavate Without Authorisation: MP High Court Refuses To Quash Sand Theft FIR Against Official

While refusing to quash a FIR lodged against a Panchayat official for alleged sand theft, the Madhya Pradesh High Court said that the State Government is the owner of every mineral and illegal excavation of the same would amount to commission of theft.In doing so, the Court also noted that the illegal excavation of sand or any other minor mineral was causing great damage to the ecological...

MP High Court Calls Out "High-Handedness" Of State In Not Probing Sexual Harassment Complaint Against VC Of Jabalpur-Based Varsity

While hearing a plea concerning POSH Act, the Madhya Pradesh High Court directed the state's Director General of Police to constitute a Special Investigation Team (SIT) to investigate a sexual harassment complaint filed by a female employee against the Vice Chancellor of Rani Durgavati Vishwavidyalaya in Jabalpur.Justice Vishal Mishra in his order observed, “It is high-handedness on the part...

MP High Court Asks State To Consider Framing Policy Giving Food, Shelter, Education To Children Of Sexual Abuse Survivors

While permitting a 31-weeks pregnant minor rape survivor to give birth, the Madhya Pradesh High Court has urged the State Government to consider formulating a policy to provide for food, shelter, education of the children given birth by sexual assault, rape or incest survivors.Justice Vinay Saraf in his May 22 order while passing a slew of directions with respect to the present case also...

MP High Court Holds Amendment Depriving Veterinary Doctors From Benefit Of Enhanced Retirement Age Upto 65 Yrs As Discriminatory

While hearing a series of petition filed by veterinary doctors regarding enhancement of age of retirement, the Madhya Pradesh High Court has held that depriving the veterinary doctors of the benefit of enhancement of age of retirement up to 65 years is discriminatory, unconstitutional and violates Article 14 of the Constitution.The division bench of Former Chief Justice Suresh Kumar Kait...

MP High Court Upholds Removal Of Judge Accused Of Abusing, Assaulting Staff Including Women & Making Lawyers Do Sit-Ups

The Madhya Pradesh High Court has upheld the termination of services of a judicial officer who was on probation and was found unsuitable for the post, and was also additionally accused of verbally abusing and assaulting court staff including women as well as making bar members do sit-ups for apology.The judicial officer–Civil Judge, Junior Division in M.P. Judicial Services had approached...

SC Collegium Recommends Appointment Of New Chief Justices In Five High Courts

The Supreme Court Collegium has recommended the appointment of Justice Sanjeev Sachdeva, Judge of the MP High Court ( parent HC : Delhi High Court), as the Chief Justice of the Madhya Pradesh High Court.Justice Vibhu Bakhru, Delhi High Court Judge, has been recommended as the Chief Justice of the Karnataka High Court.Also, Justice Ashutosh Kumar of Patna High Court has been recommended as...

Plea In Madhya Pradesh High Court Seeks FIR Against Two Hindi Dailies For Alleged Communal Coverage Of Bhopal Rape Case

A petition has been filed in Madhya Pradesh High Court against the continuous publication of alleged communal news against Muslims and Islam by Hindi Daily newspapers Navdunia and Dainik Bhaskar and alleged communal coverage by them of the Bhopal rape case. The plea filed through advocate Deepak Bundele alleges that through the news published and broadcasted by the aforesaid newspapers,...