Madhya Pradesh High Court
Madhya Pradesh Land Revenue Code Can't Oust Civil Court's Jurisdiction On Title Suits: High Court
The Madhya Pradesh High Court, in a recent ruling, reaffirmed that civil courts have jurisdiction over suits for declaration of title and permanent injunctions and there is no conflict with Section 257(f) & (m) of the M.P. Land Revenue Code. This case highlighted the essential distinction between matters exclusively within the purview of revenue authorities and those adjudicated by...
[Nursing College Affiliation Scam] MP High Court Paves Way For Shifting Students From 'Unsuited' College To Other Govt Colleges
In a batch of writ petitions challenging the legality of granting recognition and affiliation to nursing colleges in Madhya Pradesh, the High Court has allowed the students of an 'unsuitable' government college to be admitted in 'suitable' government colleges.The Division Bench of Justice Sanjay Dwivedi and Justice Achal Kumar Paliwal modified its earlier order to the extent that students of...
Can't Quash Rape FIRs Based On Settlement In 'Routine Manner', There Must Be 'Extraordinary Circumstance': Madhya Pradesh High Court
Madhya Pradesh High Court has iterated that a compromise cannot be accepted in rape cases in a 'routine manner' unless 'exceptional circumstances' are made out.The single-judge bench of Justice Prakash Chandra Gupta held that the rape case instituted by a 20-year-old victim couldn't be quashed despite the settlement, even if there was no coercion or fear before reaching a consensus....
Madhya Pradesh High Court Stresses On Early Disposal Of Cases In Revenue Courts, Applies Apex Court Guidelines
The Madhya Pradesh High Court has emphasized the necessity of expediting case disposals in revenue courts, extending the Supreme Court's guidelines applicable to High Courts and District Courts to include revenue courts as well. The judgment was delivered by Justice G.S. Ahluwalia in the case of Smt. Kanwaljeet Kaur versus State of M.P. and Another (Writ Petition No.18743 of 2024).The...
Madhya Pradesh High Court Quashes Removal Of Advocate From Bar Association Citing Lapses In Procedure Set By State Bar Council
The Madhya Pradesh High Court has overturned the District Bar Association, Datia's decision to cancel the membership of advocate Ram Sahai Chiroliya, citing non-adherence to the procedural requirements as outlined in the model byelaws prescribed by the State Bar Council of Madhya Pradesh. The Bench comprising Justice Anand Pathak and Justice Rajendra Kumar Vani were hearing a writ petition...
'Intolerable': MP High Court On Additional Collector "Waving" At It Envelope Containing Collector's Letter For Personal Exemption
Madhya Pradesh High Court has come down heavily on the Narmadapuram District Collector for writing a letter directly addressed to the court seeking personal exemption from appearance in a land matter related to mutation of names.“This envelop contains a letter, written by Collector, Narmadapuram directly to the Court, seeking exemption from personal appearance. This conduct of...
Can't Permit Revaluation Of Answer Sheets In Absence Of Express Provision Or Exceptional Circumstance: MP High Court
The Madhya Pradesh High Court has dismissed a writ petition seeking revaluation of a student's answer sheet, reaffirming the established legal principle that revaluation cannot be mandated in the absence of a specific provision.Justice G.S. Ahluwalia, while delivering the judgment on July 25, categorically stated that there is no provision for revaluation of answer sheets in the relevant...
"Conscious Decision" Of Minor To Terminate Pregnancy: MP High Court Overturns Single Judge Order Denying Permission Over 'Suspicious' Rape FIR
Madhya Pradesh High Court has recently allowed a writ appeal filed by the grandmother of a minor rape victim whose pregnancy duration had reached 28 weeks. The Division Bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf said that though the pregnancy was over 28 weeks, the same was a result of an alleged offence of rape. The court then referred to X v....
Pending Criminal Case Not Sole Ground To Cancel Arms License Unless Public Peace & Safety At Threat: Madhya Pradesh High Court
The Madhya Pradesh High Court has made it clear that if the licensing authority is satisfied that a person is involved in criminal activity and there is a possible threat to public safety and public peace, it may cancel such person's arms license.Majid Khan had filed a writ petition challenging cancellation of his arms license following registration of two criminal cases against him in 2018...
Courts Cannot Supervise Police Investigations Or Order Arrests: Madhya Pradesh High Court
The Madhya Pradesh High Court has dismissed a petition seeking its intervention in the investigation of a criminal case. Justice GS Ahluwalia emphasized that courts cannot supervise police investigations or direct the arrest of accused persons, adding that such matters fall within the exclusive domain of the investigating authorities.The case stemmed from a writ petition filed by Jyotsna...
MP High Court Orders Enquiry Against Judge Who 'Blindly Signed' Wrong Order Sheets Written By Clerk
After finding out that the trial court negligently posted a cheating case for prosecution evidence repeatedly instead of framing the charges, the Madhya Pradesh High Court has recommended an enquiry against the erring judge and concerned clerk. While deciding on an application under Section 439 CrPC [483 BNSS], the High Court saw that the trial court wrongly posted a case for evidence...
Non-Govt Employee Receiving Annual Increments Is In “Permanent Job” For Grant Of Future Prospects In Motor Accident Claim: MP High Court
In a significant ruling, the Madhya Pradesh High Court addressed whether only government servants qualify as being in “permanent job” for the purpose of grant of future prospects in motor accident compensation claims.Bench of Justice Achal Kumar Paliwal held that if a person is in such a job wherein his salary is increased periodically or receives annual increment etc., then, such...