Merely Because State Or Municipal Council Are Parties To Suit, Cannot Be Presumed That Revenue Authorities Would Act Mala Fidely: MP High Court

The Madhya Pradesh High Court at Jabalpur in a case addressed the issue of denying a request for land demarcation because the State and Municipal Council were parties to the dispute, questioning the Revenue authorities.The Court stated that the trial court had drawn an adverse inference against the Revenue authorities without any legitimate basis. The court found that there is no...

Reinstatement Is Not Automatic; Madhya Pradesh High Court reiterates

A Single Bench of Madhya Pradesh High Court, comprising Justice G.S. Ahluwalia heard a petition filed under Article 227 of the Constitution of India, against an order passed by the Labour Court. The judgement dealt with a case pertaining to procedural defects in termination of a short-term employee and held it violative of Section 25-F of the Industrial Disputes Act,...

Rats In Malkhana Damage Viscera Samples: Madhya Pradesh HC Laments "Pathetic Condition" Of Articles Kept In State's Police Stations

While hearing a bail plea, the Indore bench of the Madhya Pradesh High Court expressed its concern over the "pathetic condition" in which articles collected during investigation are kept in police stations in the State. The observation came after the court was informed that destruction of forensic samples had occurred as rats had damaged the plastic containers (containing the samples) which...

Deferred Payment Of Works Contract In 'Recovery Mode' Doesn't Exempt Dealer From Levy Under Commercial Tax Act And Entry Tax Act: Madhya Pradesh HC

The Madhya Pradesh High Court has held that merely because payment is deferred by the State in terms of the works contract, the same cannot be grounds for a dealer to seek exemption from payment of taxes under the MP Commercial Tax Act, 1994 and MP Entry Tax Act, 1976. In the case at hand, the Petitioner-company had entered into Build, Operate and Transfer (BOT) contract with...

Customs Can't Claim Priority Over Bank For Recovery Of Dues From Assessee's Property: Madhya Pradesh High Court

The Madhya Pradesh High Court has dismissed a petition moved by the Customs and Central Excise Department seeking priority over other secured creditors, for recovery of dues from an assessee's property. Justices Vivek Rusia and Binod Kumar Dwivedi relied on Punjab National Bank V/s Union of India and others (2022) where the Top Court had held that SARFAESI Act will have an...

'Annual Confidential Report' Not Communicated To Employee Can't Be Considered To Decide Promotion: MP High Court Directs State To Restore Seniority

While reiterating that un-communicated Annual Confidential Reports (ACRs) of an employee cannot be considered while deciding their promotion, the Indore bench of the Madhya Pradesh High Court directed the state government to restore a woman employee's seniority. The high court directed the State to grant the petitioner–a state government employee, her promotion adding that her...

[Income Tax] Non-Functionality Of TRACES Portal Can't Be Ground To Deny Benefit Of Statutory Rights To Assessee: MP High Court

The Madhya Pradesh High Court has made it clear that non-functionality of Income Tax Department's TRACES Portal cannot be grounds for denying the benefit arising to an assessee under statutory provisions of the Income Tax Act, 1961. A division bench of Justices Vivek Rusia and Anuradha Shukla thus held that an assessee' TDS refund cannot be denied merely on the ground that...

Husband Seeks Divorce Over Wife's "Cruelty" In Making False Adultery Allegations: MP High Court Rules Alleged Paramour Not 'Necessary Party'

The Jabalpur bench of the Madhya Pradesh High Court refused to interfere with an order rejecting a woman's plea for impleadment of her husband's alleged paramour in divorce proceedings initiated by him after observing that alleged paramour was not a necessary party. The husband had sought divorce from his wife on the ground of cruelty under the Hindu Marriage Act; subsequently the wife moved...

Test Potability, Storage And Supply Of Drinking Water To Prisoners In Central Jail Jabalpur: High Court Directs Jail Superintendent

While hearing a Public Interest Litigation (PIL) petition highlighting allegedly unsanitary drinking water conditions for inmates of Central Jail in Jabalpur, the Madhya Pradesh High Court directed the jail Superintendent to get the drinking water tested for its potability and indicate how it is stored and supplied to the inmates. Issuing notice on the PIL petition a division bench of...

State Authorities Can't Act As 'Goons' By Dispossessing A Person From Their Property And Then Not Pay Any Compensation: Madhya Pradesh HC

While hearing a matter concerning possession of a land, the Madhya Pradesh High Court said that the State authorities cannot act as goons and dispossess any person from their property and then claim that they will not pay any compensation/rent/mesne profit to the "illegally dispossessed". In observing so, the court reaffirmed that no one can be deprived of their right to property which is...

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...