Trial Court Can't Recall Witness U/S 311 CrPC On Prosecution's Mere Claim That Testimony Was Under Duress: MP High Court

The Madhya Pradesh High Court has made it clear that power to recall witness under Section 311 CrPC cannot be exercised routinely, on mere allegation that initial testimony of the witness was made under duress.Justice Dinesh Kumar Paliwal held that when witnesses have not made any complaint to the police or to Court and there is nothing on record to show that at the time of tendering...

MP High Court Stays Proceedings Initiated By Children Against Parents For 'Starvation, Physical Abuse & Forbidding Them From Watching TV'

Madhya Pradesh High Court has stayed the trial court proceedings arising out of a FIR lodged against a couple by their 21-year-old daughter and an 8-year-old son, alleging harassment, including physical abuse, starvation and forbiddance from watching TV.The single-judge bench of Justice Vivek Rusia allowed a stay application moved by the parents against the proceedings before Additional...

Police Officers Have To Join Music Band Practice As Directed: MP High Court Reiterates

In a matter where several police constables were suspended over refusal to join the Police Department's music band, Madhya Pradesh High Court has asked three suspended constables from Morena to immediately sign up for band training.The single-judge bench of Justice Anand Pathak took note of its earlier order in May that dismissed a similar petition, and mandated compulsory contribution in...

Relocation Of Liquor Shop Not Violative Of Right To Trade Under Article 19(1)(g): Madhya Pradesh High Court

The Madhya Pradesh High Court has held that the State's directive for the relocation of a liquor shop does not violate the shop owner's right to trade under Article 19(1)(g) of the Constitution as sale and consumption of liquor is not a fundamental right but a privilege, regulated by the State.M/S Himalaya Traders, a partnership firm, initially operated a licensed composite liquor shop...

MP High Court Issues Notice On Congress Leader's Plea Challenging Election Of BJP's Khandwa MP Gyaneshwar Patil For Filing 'False Affidavit'

Challenging the 2024 Lok Sabha Elections to the Khandwa Constituency wherein BJP candidate Gyaneshwar Patil emerged victorious, Congress Leader and contesting candidate Narendra Patel has filed an election petition saying that the former suppressed material information in his affidavit.The single judge bench of Justice Vivek Jain has issued notice to the parliamentarian, as well as...

MP High Court Wants Revenue Officers To Attend 6 Months Training After They Pleaded Inability To Understand Court Order As Defense

The Madhya Pradesh High Court has directed revenue officers including a Tahsildar and Additional District Collector of Narmadapuram to undergo 6 six-month training period, after they misconstrued an earlier order of the High Court in a matter of mutation of legal representatives' names.The single judge bench of Justice Gurpal Singh Ahluwalia held that officers unable to understand the law as...

Civil Dispute Should Not Be Mischaracterized Into Criminal Disputes Says Madhya Pradesh High Court In Ownership Dispute Over 'SACHAMOTI' Trademark

The Madhya Pradesh High Court recently dealt with a case which highlighted an ongoing civil dispute over the ownership of the trademark 'SACHAMOTI', which has been mischaracterized as a criminal matter. Justice Binod Kumar Dwivedi heard the case.The primary issue revolved around the ownership of the 'SACHAMOTI' trademark, which is currently under litigation in the Delhi High Court. Both...

Accused Cannot Dictate Manner Of Investigation Or Choice Of Agency, Supervision Of Court Over Investigation Is Limited: MP High Court

The Madhya Pradesh High Court at Jabalpur, in a case presided over by Justice Gurpal Singh Ahluwalia, has ruled that the accused has no right to demand a particular manner of investigation or specific investigating agency and Court supervision of the investigation is limited to ensuring its proper progress and maintaining public confidence.The petitioners sought to quash an FIR against...

HC Questions Non-Compliance Of Apex Court Directives On Bhopal Gas Tragedy Relief Efforts, Calls For Status Report From State & Union Govts

In an important development concerning the aftermath of the Bhopal Gas Tragedy, the Madhya Pradesh High Court at Jabalpur presided over by Justices Sanjeev Sachdeva & Vinay Saraf heard a plea filed by the Bhopal Gas Peedith Mahila Udyog Sangthan scrutinizing the government's actions, or lack thereof, in providing adequate facilities and treatment for the victims of the tragedy.The Bhopal...

Tomb Of Shah Jahan's Daughter-In-Law Declared As 'Protected Monument', Waqf Board Can't Claim Ownership By Notification: MP High Court

The Madhya Pradesh High Court has recently held that the Waqf Board cannot claim ownership of monuments in the Fort of Burhanpur, already declared as 'ancient and protected' by the Central Government. The ownership dispute was about the Tomb of Shah Shuja, the Tomb of Nadir Shah and Bibi Sahib's Masjid located in the Fort. The single-judge bench of Justice Gurpal Singh Ahluwalia held...

Private Institutions Can Provide Compassionate Appointment But Financial Burden Will Not Lie With The State: MP High Court Clarifies

The Madhya Pradesh High Court at Jabalpur, in a case presided by Justice Vivek Jain, dismissed a plea challenging the denial of compassionate appointment. The petitioner, Kaushal Kumar Kachhawaha, sought the court's intervention following an order from the District Education Officer that allowed the private institution where his deceased father worked to appoint him on compassionate grounds...

MP HC Proposes 'Shaurya Didi' Scheme Involving Female Officers Mentoring Vulnerable Children, Survivors Of Sexual Offences To Ensure Welfare

While hearing a habeas corpus plea, the Madhya Pradesh High Court raised a question about the welfare of child victims of sexual offences, children leaving home out of quarrels and children in need of care and protection.To mentor, guide and encourage such children who come back home after undergoing mental and emotional trauma, the Division Bench of Justices Anand Pathak and Rajendra Kumar...