Accused Has No Right Of Pre-Audience Before Registration Of An FIR: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that an accused cannot claim a right of hearing before an FIR is registered, and hence, an FIR cannot be quashed on the grounds that the accused was not heard before the registration of the offence. A bench of Justice Gurpal Singh Ahluwalia observed thus while dismissing a petition filed by one Abhishek Pandey challenging two FIRs lodged against...

Justice Sanjeev Sachdeva To Serve As Acting Chief Justice Of Madhya Pradesh High Court

The Central government has notified the appointment of Justice Sanjeev Sachdeva as the Acting Chief Justice of the Madhya Pradesh High Court.This comes after appointment of Justice Sheel Nagu, who serving as the Acting CJ, as a Chief Justice of Punjab and Haryana High Court.The MP High Court has been functioning without a Chief Justice since May 25, 2024, subsequent to retirement of Justice...

Plea In MP High Court Seeks Jain Community's Right To Worship At Disputed Bhojshala Temple-Kamal Maula Mosque Site

The Indore Bench of the Madhya Pradesh High Court will likely hear a plea filed by a social activist tomorrow, seeking a declaration of the Jain Community's 'right to worship' at the disputed Bhojshala Temple-Kamal Maula Mosque. The Bhojshala is currently a monument protected by the Archaeological Survey of India (ASI).Salek Chand Jain, the petitioner belonging to Jain Community, has...

Attempted Fraud & Went To The Extent Of Making Allegations Against Court: MP High Court Imposes Rs 50K Cost On Khandwa BJP MLA

In an election petition filed by Congress leader Kundan Malviya, Madhya Pradesh High Court has levied a cost of Rs 50,000 on incumbent Khandwa MLA Kanchan Tanve. The court imposed the said cost on the MLA for her deliberate attempt to delay the proceedings despite the receipt of notice on time.The single-judge bench of Justice Gurpal Singh Ahluwalia noted that the respondent MLA's attempt...

Waqf Tribunal Can't Entertain Pending Property Suits If Instituted Prior To Commencement Of Waqf Act: MP High Court

Madhya Pradesh High Court has recently held that the Waqf Tribunal does not have the jurisdiction to decide cases pending before civil courts regarding the nature of ownership of the disputed property, instituted before the commencement of the Waqf (M.P. Amendment) Act, 1994.The single judge bench of Justice Sanjay Dwivedi held as below:“…in view of Subsection (5) of Section 7, the Act...

Married Woman Cannot Prosecute Accused For Rape On False Promise To Marry, Her Consent Not Based On Misconception: MP High Court

Madhya Pradesh High Court has ruled that a married woman engaging in a continuous sexual relationship with another man cannot resort to the plea that her consent was obtained based on a false promise to marry.The single-judge bench of Justice Sanjay Dwivedi relied on several apex court judgments to iterate that consent cannot be regarded as one that has been obtained based on a misconception...

Madhya Pradesh High Court Allows Minor Daughter To Donate Liver Tissue To Save Her Ailing Father Suffering From Chronic Liver Disease

In a rare instance, the Madhya Pradesh High Court has allowed a 17-year-old girl to make the donation of her liver tissue in order to save her father from chronic liver disease.The single-judge bench of Justice Vishal Mishra permitted liver transplantation under the Transplantation of Human Organs and Tissues Act & Rules. The court granted permission after the Medical Board and the...

Parties Can't Be Forced To Arbitration If Arbitration Clause Unambiguously Requires Discretion Of Parties: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar held that parties could not be compelled to opt for arbitration when the agreement clearly left it to the discretion of the parties. A discretionary arbitration clause would require the mutual consent of all parties for the dispute to be referred to arbitration. Brief Facts: Late Yeshwant Boolani (“Deceased”) was...

MP High Court Allows Termination Of Minor's Pregnancy After Her Parents Declare They Won't Turn Hostile In Rape Trial

The Madhya Pradesh High Court recently granted permission for the termination of a 14-year-old girl's (rape survivor) pregnancy following a statement from her parents affirming that they would not turn hostile during the trial against the rape accused.A bench of Justice GS Ahluwalia also added that the victim would undergo an abortion at the risk and cost of the parents and that the...

Wife's Refusal To Have Physical Relations With Husband Amounts To Cruelty: Madhya Pradesh High Court

The Madhya Pradesh High Court has observed that the denial of the wife for having a physical relationship with her husband amounts to cruelty to the husband.A bench of Acting Chief Justice Sheel Nagu and Justice Amar Nath (Kesharwani) observed thus while upholding a family court's order allowing the husband's application for divorce under Section 13-1 (i-a) & (i-b) of the Hindu Marriage...

[Civil Judge Junior Division Exams] Madhya Pradesh High Court Orders Removal Of Ineligible Candidates From Prelims Stage By Applying Amended Recruitment Rules

Regarding the Civil Judge (Entry Level) Judiciary Exams, the Madhya Pradesh High Court has ordered the 'weeding out of candidates' found to be ineligible under the Amended Recruitment Rules since these Rules were upheld by the High Court and Apex Court in April 2024.This would effectively mean that candidates would be deemed ineligible even if they cleared the stage of Preliminary Exams...

Constitution Doesn't Prescribe Reservation, Written Tests For HC Judge Appointment; Collegium Is Judge-Made Law But Binding: MP High Court

In a recent development, the Madhya Pradesh High Court has observed that though the collegium system owes it's existence to "Judge-made law", it is binding on every court, executive and the legislature as per Article 141 of the Constitution.The Division Bench of Acting Chief Justice Sheel Nagu and Justice Amar Nath (Kesharwani) thus dismissed the plea moved by a lawyer to quash the...