Take Action Against Companies Wholesaling Banned Contraband Drugs Online: Madhya Pradesh High Court Directs Police, NCB & Drug Controller

The Jabalpur Bench of Madhya Pradesh High Court in an interim order has directed the police authorities, narcotics bureau and Drug Controller to take immediate action against manufacture and sale of banned drugs on wholesale basis online. The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “Till further orders, the respondents/police and Narcotic Bureau...

MP High Court Issues Notice On Plea Challenging BCI's Attendance Rules, Meanwhile Permits NLIU Student Short On Attendance To Sit In Class

The Jabalpur bench of the Madhya Pradesh High Court recently granted interim relief to an law student to attend her fourth semester classes after she was debarred by NLIU Bhopal due to shortage of attendance. The court however made it clear that the student's fate would depend on the outcome of the plea. Issuing notice to the respondents, a division bench of Justice Sushrut Arvind...

Plea Based On Newspaper Report, No Research Done To Support Claim: Madhya Pradesh HC Dismisses PIL Alleging Cracks In A New Flyover

The Jabalpur Bench of Madhya Pradesh High Court on Monday (January 20) refused to entertain a Public Interest Litigation petition, filed on the basis of a newspaper report, observing that no research or scientific report was submitted to support the claims regarding damages in a newly constructed flyover in the city. The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek...

'You're Making Mockery Of The System': Madhya Pradesh HC Directs State To Speed Up Approval Process To Appoint Arbitration Tribunal Members

The Jabalpur Bench of Madhya Pradesh High Court on Monday (January 20) has directed the State to speed up the process for administrative approval for appointment of members of Abitration Tribunal and amendment of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983.For context, the Act provides for the establishment of a Tribunal to arbitrate in disputes to which the State government or a...

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. In doing so, the court opined that the impugned action must relate to a 'public duty' in order to come under the ambit of Article 226 of the Constitution.The single-judge bench of Justice Vijay Kumar Shukla observed, “The...

Not A Fair Election, 13 Out Of 25 Members Didn't Vote: Madhya Pradesh HC Cancels Election Of Ujjain Panchayat President, Directs Fresh Poll

The Indore Bench of Madhya Pradesh High Court has declared the election to the post of President Janpad Panchayat, Ujjain as illegal and void and ordered for fresh elections, after noting that out of the 25 elected members, 13 were not permitted to cast a vote.A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “Respondent No.5(Vindhya Kunwar), who was declared...

Undisputed Will Executed Under Law Can Be Relied Upon To Mutate Names Of Persons For Municipal Records: Madhya Pradesh High Court

The Indore Bench of Madhya Pradesh High Court held that for purposes of Municipal Records, a will can be relied upon to mutate the names of the persons who are the beneficiaries of the same.A single-judge bench of Justice Subodh Abhyankar observed, “In the context of a Will executed in accordance with law and produced before a Municipal Officer, neither the Will is evidence as provided...

Plea Filed To Settle Personal Score: Madhya Pradesh HC Dismisses PIL Against Shopping Complex Construction, Imposes ₹25K Cost On Litigant

The Indore Bench of Madhya Pradesh High Court dismissed a PIL against construction of a shopping complex after noting that the petitioner had misused the process of law by making "false and incorrect allegations" in order to "settle personal score". In doing so, the court also imposed a cost of Rs 25,000 on the petitioner. A division bench of Justice Vivek Rusia and Justice Gajendra...

[Custody Battle] Father's Consent For Renewing Child's Passport Not Required If Mother Files Declaration As Per Passport Rules: MP High Court

The Jabalpur Bench of Madhya Pradesh High Court directed that the Regional Passport Office, Bhopal to renew the passports of the minor daughters of actor Nitish Bharadwaj while holding that the passport of minor children can be renewed without father's consent if there is no prohibitory order from any competent court.Justice Vinay Saraf referred to the Passport Rules wherein declaration in...

Why Registration Of Plots Allotted To Persons Affected By Sardar Sarovar Project Not Executed Yet? Madhya Pradesh HC Asks State

The Indore Bench of Madhya Pradesh High Court on Wednesday (January 15) asked the State to inform as to why registration of houses/plots allotted to the Sardar Sarovar affected persons has not been executed.For context, the Sardar Sarovar dam project on the Narmada river reportedly resulted in the displacement of many families in the area. A division bench of Chief Justice Suresh Kumar Kait...

Long Delay In Test Identification Parade Coupled With Infirmities Makes The Case Doubtful: Madhya Pradesh HC Sets Aside 2014 Rape Conviction

While setting aside a 2014 conviction order in a rape case as there was a 10-month delay in identification of the accused, the Jabalpur Bench of Madhya Pradesh High Court said that long delay in holding Test Identification Parade (TIP) coupled with infirmities and inconsistencies had rendered the prosecution's case doubtful.The division bench of Justice Vivek Agarwal and Justice...

Matter Relating To Partnership Act & Partnership Deed Where Third-Party Rights Are Involved Cannot Be Referred To Arbitration: Madhya Pradesh HC

The Madhya Pradesh High Court Bench of Justice Anand Pathak held that when matter relates to Partnership Act and partnership deed and third-party rights are also involved then it cannot be referred to arbitration. Brief Facts: M/s Om Jai Gurudev is a partnership firm in which 11 partners existed initially. The partnership deed for the firm was constituted on 18.07.2017 and the...