[National Security Act] Different Nature Of Cases Can't Be Taken Lightly Even If Detenu Was Acquitted, Detention Is Retributive & Utilitarian: MP High Court

In a plea filed against the detention of an alleged 'habitual offender', the Madhya Pradesh High Court has held that the different nature of cases registered and tried against the detenu can't be taken lightly even if the trial resulted in acquittal.The Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice Gajendra Singh pointed out that the detenu is an offender arraigned in...

Section 31 Of Arbitration Act, 1940 Does Not Bar Court From Entertaining Applications Pre-Filing Of Award: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justice Vishal Dhagat has held that there is no bar created by Section 31 of the Arbitration Act, 1940 that the court cannot entertain an application in respect of award until it has been filed. Section 31 of the Arbitration Act, of 1940, specifies the court jurisdiction for arbitration matters. It states that an award may be filed in any...

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable

The Madhya Pradesh High Court has recently quashed a FIR registered for rape and criminal intimidation since the prosecutrix's version that she was forcefully raped repeatedly did not instil confidence in the context of her marriage with the accused. The prosecutrix married the accused-petitioner after the latter allegedly subjected her to multiple acts of rape.The single-judge bench of...

Misplaced Sympathy Denies Justice To Society: Madhya Pradesh High Court Declines Juvenile's Bail Plea For Allegedly Kidnapping, Murdering Minor For Ransom

In a recent decision, the Madhya Pradesh High Court has held that a child in conflict with the law need not be granted bail irrespective of the offence committed. The Court was dealing with the case of a juvenile who had kidnapped a 16-year-old and later murdered him due to non-payment of ransom.The single-judge bench of Justice Dinesh Kumar Paliwal emphasised that provisions of the...

MP Excise Act | Can Vehicle Be Confiscated By Collector U/S 47(A) During Pendency Of Criminal Trial: MP High Court Refers Issue To Larger Bench

Noting that authorities cannot be allowed to take advantage of the conflicting judgments with regard to the confiscation of vehicles under the Madhya Pradesh Excise Act, the High Court has referred the matter to the Chief Justice for the constitution of a larger bench.The single-judge bench of Justice Vinay Saraf observed that there is obscurity about the scope of Section 47(A). The...

Wife's Silence For 'Noble Cause' To Save Marriage Can't Be Held Against Her: MP High Court On Cruelty Complaint Lodged After Husband Sought Divorce

Refusing to dismiss the FIR registered against the husband's relatives for cruelty meted out to the wife, Madhya Pradesh High Court has underscored that the complainant-wife's silence in the hopes of saving the marital ties cannot be held against her.The single-judge bench of Justice Gurpal Singh Ahluwalia noted that the FIR lodged for cruelty cannot be discarded as a 'counterblast' to...

Murder Conviction & Life Imprisonment Of Husband Ground For Divorce On Account Of Mental Cruelty: Madhya Pradesh High Court

Madhya Pradesh High Court has held that the factum of a husband sentenced to life imprisonment in a murder case can be grounds for divorce on account of 'mental cruelty' to the wife.The Division Bench of Justice Vivek Rusia and Justice Rajendra Kumar Vani observed that divorce can be granted in instances where the husband or wife has been convicted and sentenced to life imprisonment, even in...

Not Disclosing 'Right To Terminate Pregnancy' Infracts Victim's 'Right To Live With Dignity': MP High Court Slams Police, Doctor In Minor's Rape Case

The Madhya Pradesh High Court came down heavily on the investigating officer and the treating doctor after they failed to duly inform family members of a minor rape victim about the right to terminate pregnancy within 22 weeks under the Medical Termination of Pregnancy Act, 1971.The single-judge bench of Justice Subodh Abhyankar emphasised that most of the rape cases occur in remote areas...

Death Caused While Performing Active Duty In Drive Against COVID: M.P HC Imposes Cost For Illegal Denial Of Corona Scheme To Legal Heirs

Finding that the death of the deceased was attributed to corona virus and he died while performing active duty in the drive against corona virus, the Madhya Pradesh High Court held that the action of the Relief Commissioner in denying the benefit of Mukhyamantri COVID -19 Yoddha Kalyan Yojna to the legal heirs of the deceased (Arun Pateriya) are totally illegal,...

Why Cartoon On Sidhi Urination Incident Showed Man In RSS Dress? MP High Court Refuses To Quash FIR Against Folk Singer

The Madhya Pradesh High Court refused to quash the FIR registered against Bhojpuri singer Neha Singh Rathore over posting a cartoon on her Twitter and Instagram handles in relation to the incident of a person urinating on a tribal man in Sidhi last year.The Court noted that the cartoon depicted a person wearing Khaki shorts, the uniform dress of Rashtriya Swayamsevak Sangh (RSS) workers,...

No Reason To Discard Testimony Of 8-Yr-Old Child If Competent To Give Rational Answers: MP High Court In Murder Case

Noting that there is no reason to reject the testimony of a child of tender age per se, Madhya Pradesh High Court has upheld the conviction and sentence passed by the trial court in a murder case, based on the evidence of an 8 yr old child who was the sole eye witness.The Division Bench of Justice Vijay Kumar Shukla and Justice Hirdesh opined that once the quality and reliability of the...

Continuing Pregnancy Of Woman Unable To Manage Herself Will Be Problematic In Future Life: MP High Court Grants Relief To Disabled Rape Survivor

Madhya Pradesh High Court has permitted the termination of a 17-year-old rape survivor's pregnancy at 29 weeks, subject to certain conditions, considering the peculiar circumstances involved.The Division Bench of Former Chief Justice Ravi Malimath and Justice Vishal Mishra held that the pregnancy of the physically disabled survivor in this particular case can be terminated provided that it...