Husband, In-Laws 'Falsely Implicated' By Wife In View Of Matrimonial Dispute Between Parties: Madhya Pradesh HC Quashes Rape, Dowry FIR

While quashing a rape and dowry FIR against a husband and his kin, the Indore Bench of the Madhya Pradesh High Court said that the petitioner and his family members were "falsely implicated", adding that the lodging of the FIR at the wife's instance appeared to be an act of "wreaking vengeance". The court said this after noting that there existed a pending civil suit filed by the...

Madhya Pradesh HC Questions State For Delaying Retired Lokayukta Member's Family Pension Inspite Of Amendment Made In Rules

In a plea for grant of family pension of Lokayukta members, the Jabalpur bench of the Madhya Pradesh High Court on Thursday questioned the State for not examining the petitioners' case in respect of amendments made to the Rules under the state Lokayukta Act, noting that the pendency of the plea could not have been a reason for not taking action. In doing so, the court directed the respondents...

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree

By way of an interim direction, the Madhya Pradesh High Court has restrained a man from solemnizing second marriage during the pendency of his ex-wife's appeal against the decree of divorce dissolving their marriage. In doing so, a division bench of Justice Sanjeev Sachdeva and Justice Devnarayan Mishra cited Section 15 of the Hindu Marriage Act which stipulates that when a marriage has...

40 Yrs Since Bhopal Gas Tragedy But Authorities Still Indolent: High Court Orders Swift Disposal Of Toxic Waste From Union Carbide Factory

Terming the non-removal of toxic waste from the now-defunct Union Carbide Factory site at Bhopal a "sorry state of affairs", the Jabalpur Bench of Madhya Pradesh High Court directed the authorities to immediately clean-up the site and take all remedial measures for safe disposal of the waste/material from the area.In doing so, the court underscored that if waste is not sent to the assigned...

'Don't Choke The Court, Let It Breathe': Madhya Pradesh High Court In Writ Petition Filed Without Availing Alternative Remedy

While hearing a writ petition moved in a commercial dispute where the parties had entered into an agreement having an arbitration clause, the Jabalpur bench of the Madhya Pradesh High Court on Wednesday (December 11) said that court's do not interfere in matters where alternative remedies are available.As the counsel for the petitioner said at least a show cause notice should have been issued...

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court

The Madhya Pradesh High Court has observed that long separation, absence of cohabitation, the complete breakdown of all meaningful bonds and the existing bitterness between the spouses must be read as 'cruelty' under Section 13(1)(a) of the 1955 Act. “Where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation (as in...

Lodging FIR After Advocate Is Threatened Upon Appearing For Client Is Not Misuse Of Advocacy: Madhya Pradesh HC

While dismissing a man's plea for quashing an FIR after he was accused of threatening his advocate, the Gwalior bench of Madhya Pradesh High Court said that advocates do not have any personal interest in their clients case, and so threatening them because they accepted the accused's case amounts to interference in their professional life. Hence, registering an FIR for being threatened...

Interest Cannot Be Awarded By Arbitrator When Awarding Of Interest Is Prohibited In Contract: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justices Sanjeev Sachdeva and Vinay Saraf has held that the tribunal has no discretion to award payment of interest when there is clear prohibition in the contract that the interest cannot be given. Brief Facts This petition has been filed to challenge the award to the limited extent that interest on the refund of security deposit and earnest...

Executing Court Cannot Go Behind Award To Modify Or Declare It Void: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justices Vivek Rusia and Binod Kumar Dwivedi has held that executing court cannot go behind the award or decree to modify or declare it void. Brief Facts This appeal has been filed against an order passed by the Executing Court by which while dismissing the petition, the court also set aside the award. It is the contention of the appellant...

Pension Rules Prevailing When Voluntary Retirement Is Sought Apply To Govt Officer, Not Rules As On Expiry Of Notice Period: MP High Court

The Indore bench of the Madhya Pradesh High Court recently held that in cases of voluntary retirement, the Pension Rules as on the date of application of voluntary retirement shall be applicable and not the Rules prevailing on the date of expiration of the notice period of the government servant.A single judge bench of Justice Vijay Kumar Shukla observed, “In case of voluntary retirement of...

Erroneous Methodology Used To Prepare State List: Madhya Pradesh HC Directs Issuance Of Fresh List For NEET-PG 2024 In-Service Candidates

Allowing a plea against the normalisation process used in the NEET-PG 2024 exam for preparing state ranking of in-service candidates, the Jabalpur bench of the Madhya Pradesh High Court on Monday (December 9) quashed the state merit list directing the National Board of Examinations in Medical Sciences (NBEMS) to prepare it afresh by giving incentivised marks to the candidates based on...

Recovery From Class III Employee Post-Retirement Illegal Without Misrepresentation Or Fraud: MP HC

Madhya Pradesh High Court (Gwalior Bench): A single judge bench of Justice Anil Verma set aside a recovery order against a retired Class III employee, Hari Shankar Soni. It held that recoveries of excess payments made to Class III and IV employees after retirement are impermissible, unless there is misrepresentation or fraud. It also held that any specific undertaking allowing such recovery...