Madhya Pradesh High Court
Madhya Pradesh High Court Imposes Rs 25K Cost On Counsel For Non-Cooperation
Madhya Pradesh High Court has imposed a cost of Rs 25,000/- on a counsel appearing for the respondents, including the insurance company, in a service matter. The drastic step was taken by the court due to the continuous non-appearance of the counsel, despite previous intimation that the case would be taken up on the afternoon of May 16.The single-judge bench of Justice Vivek Agarwal noted...
MP High Court Denies Permission To Terminate Pregnancy After Prosecutrix's Mother Concedes They'll Turn Hostile In Trial Against Rape Accused
Taking a firm stand against the misuse of the court's lawful authority, Madhya Pradesh High Court recently rejected a plea for medical termination of pregnancy when the victim's mother conceded that they did not intend to prosecute the accused relative.The single-judge bench of Justice Gurpal Singh Ahluwalia also observed that the real intention of the prosecutrix and her petitioner-mother...
Pay & Recover Principle | Insurer Not Liable If Owner Fails To Prove He Verified Competency Of Offending Driver Before Employment: MP High Court
The Madhya Pradesh High Court has reiterated that an insurance company cannot be held liable when it emerges that the owner of the vehicle has not verified the skills of the offending driver before employing him.The single-judge bench of Justice Achal Kumar Paliwal upheld the award made by the Motor Accidents Claims Tribunal at Rewa based on the 'Pay and Recover ' principle, after examining...
Constant Threats To Falsely Implicate A Person In Cases Of Rape, Eve-Teasing Is Abetment To Suicide: Madhya Pradesh High Court
In a recent order, the Madhya Pradesh High Court has held that a constant threat by the accused to falsely implicate the deceased/victim in a case of rape and eve-teasing can amount to abetment to suicide.Refusing to allow the application preferred by the accused under Section 482 Cr. P.C., the single-judge bench of Justice Gurpal Singh Ahluwalia, opined that the threat of sending the deceased...
Victim's Close Relative Not Likely To Foist An Innocent, Can't Be Disregarded Merely By Levelling Them As 'Interested Witnesses': MP High Court
Madhya Pradesh High Court has recently observed that a close relative would be likely to present the actual story of the incident instead of hiding the actual culprit and foisting the crime on an innocent person.The single judge bench of Justice Prem Narayan Singh was explaining why the testimonies of close relatives shouldn't be disregarded automatically by compartmentalising them as...
Lack Of Legal Knowledge No Defence For Govt Officials Violating Citizens' Constitutional Rights: MP High Court Slams Encroachment Of Private Land
Madhya Pradesh High Court has come down heavily on the government officials for citing the lack of legal knowledge as an excuse to trample on the constitutional rights of its citizens.The single-judge bench of Justice Gurpal Singh Ahluwalia imposed Rs 25,000/- cost on the Executive Engineer, PWD, Rewa Division, for flouting the court's erstwhile instruction to stop the use of private land as...
'Expects Family To Get Date Of Civil Death Declared Through Courts', MP High Court Deplores Indian Army's Behaviour Towards Missing Soldiers
Disapproving the 'somewhat rude' behaviour of the Indian Army towards the missing soldiers and their families, Madhya Pradesh High Court has highlighted the importance of abolishing the 'worn-out rules' regarding the pension and retirement benefits of soldiers.The single-judge bench of Justice Anil Verma was adjudicating a second appeal filed by the family members (parents) of the...
Wife Filing Criminal Case Against Spouse & In-Laws Is Only Taking Recourse Of Legal Remedy, Not Abetting Husband To Commit Suicide: MP High Court
Stating that the act of the wife who filed a criminal case against the husband and in-laws for cruelty cannot be termed as an act that amounts to abetting the husband to commit suicide, the Madhya Pradesh High Court observed that the complainant-wife shouldn't be punished for taking the recourse of a legal remedy.The single judge bench of Justice Gurpal Singh Ahluwalia also added that a...
Act Of Unnatural Sex By Husband With His Wife During Subsistence Of Marriage Not An Offence, Consent Immaterial: Madhya Pradesh High Court
Madhya Pradesh High Court has recently held that consent becomes immaterial when the husband indulges in an unnatural act of sex with his wife during the subsistence of marriage, and the same cannot come within the purview of rape as mentioned in Section 375 of the Indian Penal Code. Since it won't be rape under Section 375 IPC, the offence under Section 377 IPC will not be attracted either,...
Proceedings Against Accomplices For Fraud Can't Be Sustained Once Proceedings Against Principal Borrower Is Closed: MP High Court
Madhya Pradesh High Court has recently clarified that when the proceedings initiated against the principal borrower/ offender on account of the commission of fraud get terminated, other accomplices involved in the offence cannot be prosecuted thereafter.The Division Bench of Justices Sushrut Arvind Dharmadhikari and Gajendra Singh was adjudicating a batch of miscellaneous cases arising from...
Does Agreement Of Separation Between Married Couple Amount To Divorce? Madhya Pradesh HC Answers
A single bench led by Justice Gurpal Singh Ahluwalia of the Madhya Pradesh High Court recently observed that a separate divorce agreement signed by a husband and wife has no legal validity and does not amount to divorce.BackgroundThis case concerns quashing a case registered by a wife in 2023 against her husband and in-laws. Husband and Wife got married on 21/04/2022 and later the wife...
HFCs Can Resort To SARFAESI Provisions For Recovery Of Loans Even If Borrowings Fall Below Threshold Limit Of 20 Lacs: M.P High Court
The Madhya Pradesh High Court (Indore Bench) held that the Housing Finance Companies (HFC) can resort to the draconian powers under SARFAESI Act of taking over of physical and symbolic possession of the mortgaged property, towards recovery of their loans and borrowings, irrespective of the loan borrowings in favour of the petitioner falling below the threshold limit of...