MP High Court Calls For Maintenance Of CCTVs In Police Stations, Failure To Provide Footage Will Attract Action Against SHO, Others Involved

The Madhya Pradesh High Court has called for proper maintenance of CCTV CCTV cameras installed in police stations, to preserve citizens' fundamental rights. The single bench of Justice Subodh Abhyankar sitting at Indore said that henceforth, failure to provide footage of the CCTV cameras in police stations will disciplinary action against the Station House Officer concerned and other...

Appointing Authority Has Discretion To Appoint/ Reject Persons Involved In Moral Turpitude Offences, Even If They Are Acquitted: MP High Court

The Madhya Pradesh High Court has said that the appointing authority has the "entire discretion" to appoint or not appoint a person who is involved in an offence concerning moral turpitude even if that person is acquitted. The high court said that the acquittal would not automatically entitle such a person for employment. The court said that in the case before it, the concerned authority...

Employer Best Judge To Organise Workforce, Transfer Not Ordinarily Subject To Judicial Review Unless Arbitrary: MP High Court

The Madhya Pradesh High Court at its Gwalior Bench recently held that an employer is the best judge to organize its workforce and a transfer order cannot be subjected to judicial review unless and until same is found to be influenced by mala fide or arbitrary exercise of powers. Moreover, concept of equality as enshrined under Articles 14 and 16 of Constitution of India, has no application to...

PIL In Madhya Pradesh High Court Seeks Direction To Avoid "Unnecessary Delays" In Deciding Bail And Suspension Of Sentence Pleas

A public interest litigation (PIL) petition has been moved in the Madhya Pradesh High Court for a direction to the state authorities to avoid "unnecessary delays" in deciding bail pleas of accused persons and suspension of sentence pleas of convicts. The plea states that the same infringes upon the right of these persons to "speedy justice" which is guaranteed under Article 21 of the...

Dismissal Of Application On Default Of lawyer , MP HC Directs Lawyer To Visit Mercy Home And Prepare Report, Court Emphasis Need To Promote 'Social Audit' By Lawyers

As a “test case” to give the concept of 'Social Audit' a chance to gain grounds, the Madhya Pradesh High Court recently suggested the counsel of an assessee, whose mistake had led to dismissal of assessee's Income Tax Appeal, to do community service. The division bench of Justices Anand Pathak and Rajendra Kumar Vani also called upon lawyers and other resourceful persons of...

Objections To Jurisdiction Of Arbitrator Raised U/S. 34 Must Not Be Rejected Only On Jurisdiction Without Touching Merits Of Case: Madhya Pradesh High Court

The Madhya Pradesh High Court bench comprising Justice Vivek Rusia and Justice Avanindra Kumar Singh has held that objections to the jurisdiction of the Arbitrator, which are raised in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 must not be rejected only on the ground of jurisdiction, without touching the merit of the...

Madhya Pradesh High Court Criticises NCPCR Head For Baseless Case Against Christian Missionary Over Adoption Of Children, Quashes FIR

The Jabalpur bench of Madhya Pradesh High Court last week quashed an FIR against christian missionary Dr. Ajai Lall accused of trafficking two children, who were earlier living in an orphanage run by a society of which he was the office bearer, and who were subsequently adopted following a family court order in 2017. In doing so the High Court noted that the adoption of the children was...

Accused Belongs To Lower Strata Of Society, Doesn't Have Finances To Approach SC: MP HC Releases Man Who Was Made 'Scapegoat' In Fraud Case

The Madhya Pradesh High Court has ordered the release of a petitioner's father, who had been imprisoned for nearly a year without substantial evidence linking him to the charges under the IPC for being the director of a company which had been accused of financial fraud. The court discussed that the petitioner could have either availed the remedy under 226 or approached the Supreme Court but...

[MP Public Trusts Act] No Mandate On Registrar To Send Matter For Transfer Of Trust Property To Civil Court: MP High Court

The Madhya Pradesh High Court has set aside an order by the Registrar of Public Trusts, which denied permission to transfer immovable properties from one trust to another owned by the same person. The Court was presided over by Justice Subodh Abhyankar and discussed Section 14 of the M.P. Public Trusts Act, 1951 which enumerates that the Registrar's refusal to approve the transaction should...

Pension Or Retiral Benefits Of Govt Employee Can Only Be Withheld When Cognizance Is Taken On Police Report Before Retirement: MP High Court

In a recent judgement, the High Court of Madhya Pradesh held merely on the basis of a complaint or report against the government servant before the date of retirement, he cannot be deprived of his right to a pension or other retiral dues. There must be cognizance of the complaint or report of a police officer on the date of retirement.The Counsel for the petitioner argued that withholding...

Pendency Of Complaint Against Transfer Does Not Justify Govt Employee's Failure To Join Place Of Posting, Absence From Duty: MP High Court

In a recent judgement, the Madhya Pradesh High Court set aside a decision of a single judge bench that had validated the absence of a government employee from duty while a complaint against his transfer was pending before the authority.The division bench of the Madhya Pradesh High Court held that remaining absent from duty citing a pending complaint as a reason for the absence, is not...

"Implication Was Based Primarily On Memorandum Of Co-Accused U/S 27 Of Evidence Act": MP High Court Grants Bail In NDPS Case

The Madhya Pradesh High Court at its Indore bench granted bail to the accused, in a case under the Narcotic Drugs and Psychotropic Substances Act (NDPS). The court held that the evidence against the accused was based solely on the co-accused's memorandum which was insufficient to deny bail.The case was focused on whether the accused's implication, based only on a co-accused's statement, met...