Additional Collector's 'Quasi Judicial' Action Protected Under Judges (Protection) Act: Madhya Pradesh HC Nixes 'Malafide' Disciplinary Case

While quashing a charge sheet and setting aside 'malafide' disciplinary proceedings against an Additional Collector, the Jabalpur bench of the Madhya Pradesh High Court said that the petitioner falls under the definition of a judge while discharging functions as quasi-judicial officer and is protected under the Judges (Protection) Act. In doing so the high court also criticised the act of...

Madhya Pradesh HC Upholds Workman's Retrenchment By Krishi Upaj Mandi Samiti Noting Compliance Of Section 25F Industrial Disputes Act

The Gwalior bench of Madhya Pradesh High Court, in a case regarding labour laws, set aside a Labour Court order which had directed the reinstatement of a workman with 50% back wages, after noting that the retrenchment of the workman by the concerned organisation was done following the due process of law.In doing so the court observed that the petitioner–Krishi Upaj Mandi Samiti (Pichhore),...

Plaintiffs Knew Of Sale Deed Execution, Didn't Move Trial Court To Add Transferee: MP High Court Upholds Order Declining Impleadment In Appeal

The Indore bench of the Madhya Pradesh High Court denied adding certain persons as a necessary parties to a suit pertaining to a property dispute, observing that despite having full knowledge of the execution of the sale deed during the trial before the lower court the petitioners-original plaintiffs, did not file the application for adding proposed transferees at that juncture.In doing so...

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. In doing so the court underscored that adjournments should not be granted just for the sake of adjournment...

Plea Of Limitation Shall Be Deemed To Be Waived If Not Raised Before Arbitrator U/S 16 Of Arbitration Act: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that plea of limitation cannot be allowed to be raised first time under section 34 of the Arbitration Act if no such plea was taken before the Arbitrator under section 16 of the Act. The court further observed that it shall be deemed to have been waived as per section 4 of the Act. Brief Facts This...

Muslim Law | Father-In-Law Is Not Compelled To Maintain Deceased Son's Widow: Madhya Pradesh High Court Reiterates

The Gwalior bench of the Madhya Pradesh High Court has reiterated that under Muslim Law, a father-in-law is not required to provide financial support to his deceased son's widow. In doing so the high court set aside the orders of the trial court and sessions courts, which had directed the petitioner father-in-law to pay monthly maintenance to his daughter-in-law after the death of his...

Affidavits Of Similarly Situated Detenues Sufficient To Determine If A Person Was MISA Prisoner During Emergency, Jail Certificate Not Must: MP High Court

The Madhya Pradesh High Court has held that affidavits of two similarly situated detenues are sufficient to determine that a person was detained in the prison as a prisoner under the Maintenance of Internal Security Act (MISA) 1971 and under the Defence of India Rules (DIR) during emergency period.A single-judge bench of Justice Milind Ramesh Phadke sitting at Gwalior thus quashed an order...

Once Income From AOP/BOI Is Included In Assessee's Taxable Income, Any Post-Tax Share Received Cannot Be Taxed Again: Madhya Pradesh High Court

The Madhya Pradesh High Court ruled that if an assessee has already included income from an Association of Persons (AOP) or Body of Individuals (BOI) in their taxable income, any post-tax share received from the AOP/BOI cannot be taxed again in the assessee's hands. The Division Bench of Justices Sushrut Arvind Dharmadhikari and Anuradha Shukla observed that “……the assessee was...

Ordinance Extending Time To Move 'No-Confidence Motion' Regarding Municipal Council Head's Tenure Is Retrospective: MP High Court Reaffirms

The Indore bench of the Madhya Pradesh High Court recently reiterated that the Madhya Pradesh Municipalities (Second Amendment) Ordinance, 2024, which extended the period for bringing a no-confidence motion from two years to three years shall apply retrospectively.In doing so, the court clarified that a motion of No-Confidence may be moved against the Vice President of the Municipal Council...

Madhya Pradesh High Court Seeks State's Stand In Plea To Remove "Unauthorized Religious Shrines" In Police Stations, Orders Status Quo

The Jabalpur bench of the Madhya Pradesh High Court on Monday (November 4) sought the stand of the state government in a plea seeking removal of allegedly unauthorized religious shrines constructed within police station premises across the state. The high court further directed the parties to maintain status quo till the next date of hearing. A division bench of Chief Justice Satish Kumar...

Madhya Pradesh High Court Frowns Upon Reels, Memes Of Live-Streamed Court Proceedings, Orders To Take Them Down

The Madhya Pradesh High Court has raised concerns over the misuse of live-streamed court proceedings by circulation in the form of reels and memes on social media platforms. The division bench of Chief Justice Suresh Kait and Justice Vivek Jain thus restrained social media platforms, media agencies, and individuals from editing, morphing, or illegally sharing its live-streamed...

MP High Court Issues Notice Over Delay In Rural Posting As Part Of MBBS Course, Imposition Of ₹25 Lakh Penalty For Breaching Bond Conditions

In response to a petition challenging the delay in rural postings and the imposition of a 25 lakh Rupees penalty for breaching the mandatory rural Bond the Madhya Pradesh High Court has issued notice to the state of Madhya Pradesh the Director of Medical Education the Commissioner of health. The petitioner, a recent MBBS graduate argued that these conditions were adversely affecting his...