2017 Mandsaur Firing: Madhya Pradesh HC Declines Plea To Table Inquiry Commission's Report Before Assembly Noting 6-7 Years Had Gone By

The Madhya Pradesh High Court dismissed a plea seeking tabling of the Jain Commission report on the 2017 Mandsaur farmer shooting incident before the legislative assembly, after noting that 6-7 years had lapsed since the report was submitted by the Commission to the state government. The court noted that there was no consequence provided in the Commission of Inquiry Act if the commission's...

Madhya Pradesh High Court Reinstates Contractual Govt Employee Fired Due To Registration Of Criminal Case For 'Taking Bribes'

The Jabalpur bench of the Madhya Pradesh High Court in a case overturned the termination of a Junior Assistant employed on a contractual basis with the Madhya Pradesh Road Development Corporation. In doing so the court said that the authority had taken a drastic step in terminating the petitioner's services just because a criminal case had been registered against him for allegedly accepting...

Higher Qualification Cannot Substitute Mandatory Basic Qualification: Madhya Pradesh High Court

Madhya Pradesh High Court: Justice Anil Verma dismissed a writ petition challenging the rejection of a teaching position application, holding that a Master's degree in English cannot substitute for the mandatory requirement of a Bachelor's degree in English under the Madhya Pradesh School Education Services (Teaching Cadre) Recruitment Rules, 2018. The Court upheld that candidates must...

Witnesses Gave False Evidence, Trial Court Didn't Handle Case Properly: 14 Yrs On, Madhya Pradesh HC Overturns Murder Conviction Of 2 Women

The Jabalpur bench of the Madhya Pradesh High Court set aside a 14-year-old murder conviction of two women who were also sentenced to life imprisonment, while observing that the trial court did not handle the case properly as "false evidence" had been given by prosecution witnesses. The high court further observed that even the police deliberately did not investigate the matter properly and...

Inordinate Unexplained Delay In Service Claims Attracts Principle Of Laches And Bars Relief: MP HC

Madhya Pradesh High Court: A single judge bench consisting Justice Vishal Mishra dismissed a petition seeking time-bound promotion benefits under the 1999 scheme, holding that inordinate delay without explanation bars relief under principles of laches. The court found that the 14-year delay between retirement and petition filing, with no substantial efforts to claim benefits during service...

MP HC Clarifies Burden Of Proof In Employment Cases: Employer Must Disprove Worker's Continuous Service Claim

Madhya Pradesh High Court: A Single bench consisting Justice Sanjay Dwivedi overturned a Labour Court order and ruled that once a workman claims continuous employment, the burden of proof shifts to the employer to disprove the claim with documentary evidence. The Court held that oral termination without notice and retrenchment compensation violates Section 25(f) of the Industrial Disputes...

Plaintiff's Right To Sue Accrues When They 'Actually' Perceive Threat To Their Title Over Property: Madhya Pradesh High Court

Dismissing a revision plea concerning a title suit over a motor garage, the Indore bench of the Madhya Pradesh High Court said that the defendant cannot contend that the plaintiffs' right to sue had accrued when their title was threatened, adding that period of limitation would begin when the plaintiffs actually perceive threat to their title. The court further affirmed that claim for...

MPPSC: High Court Refuses To Interfere With Final Answer Key Of State And Forest Service Preliminary Exam 2024

The Madhya Pradesh High Court recently dismissed a petition challenging the final answer key for the 2024 Madhya Pradesh State Service and Forest Service Preliminary Examination. It reiterated that the expertise of academic bodies in competitive examinations should be respected, limiting the court's scope for interference“The law on the subject is quite clear. The court should not...

Industry Cannot Be Charged For Delay In Implementation Of Project If Govt Itself Failed To Remove Encroachment From Allotted Land: MP High Court

The Madhya Pradesh High Court recently condemned the act of State authorities holding a company (SPV) liable for delay in implementation of an industrial project when the authorities themselves failed to deliver vacant possession of the entire allotted land.A single-judge bench of Justice Pranay Verma sitting at Indore held that it is the duty of the respondents to have allotted encroachment...

Recovery Of Excess Payment From Retired Employee Impermissible Without Proof Of Misrepresentation: MP HC

Madhya Pradesh High Court: Justice Subodh Abhyankar quashed a recovery order issued against a retired Auxiliary Nurse Midwife, holding that excess payment cannot be recovered from retired government employees in the absence of misrepresentation or fraud. Following Supreme Court precedents, the court ordered refund of the recovered amount with 6% interest, emphasizing that recoveries...

NSA | Detention Can't Be Extended Merely For Crime Committed By Some Other Member Of 'Gang': MP High Court

Madhya Pradesh High Court has made it clear that 'gang' is not defined under the penal law and a person's preventive detention cannot be extended merely because his alleged gang member committed further crimes.While setting aside extension of Petitioner's detention under the National Security Act (NSA), the division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi observed,“There...

MP High Court Interim Order Permits Candidate With Pending Criminal Case To Appear For Nursing Entrance Exam Despite Bar In Admission Rules

Madhya Pradesh High Court recently directed the State to accept the admission form of a student leader, who was barred from applying for the post Basic B.Sc. and M.Sc. Nursing courses due to pending criminal cases. Justice Sanjeev Sachdeva and Justice Vinay Saraf stated that merely having pending criminal proceedings, without any conviction, should not disqualify a candidate from...