MP High Court Nixes Medical Aspirant's Plea For MBBS Seat Under Govt School Quota, As He Did Not Move Court In Time

The Madhya Pradesh High Court (Indore bench) recently dismissed plea moved by a medical aspirant seeking allotment of a seat in the MBBS course under the 5% Government School quota in the current academic session claiming that his NEET-UG 2023 score entitled him to a seat in the upcoming academic session.A division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi while dismissing...

Labour Court Asking Birla Corp To Give 15 Days Work/PM To "Badli Workman" Illegal, Since He Had Not Worked For 240 Days: Madhya Pradesh High Court

In a case pertaining to employment rights of a "Badli Workman", the Madhya Pradesh High Court recently quashed an award passed by the labour court terming it as "materially illegal" and observed that such an employee has no right to claim regular employment unless they have completed 240 days in a calendar year. A single judge bench of Justice G.S. Ahluwalia was hearing petitioner...

State Not Part To Agreement Can't File Section 16 Application: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Chief Justice Sanjeev Sachdeva and Justice Rajendra Kumar Vani has held that an arbitration agreement entered into between the Ministry of Road Transport and Highways, Government of India, and a private company does not involve or implicate the State Government in any legal capacity. The bench held that such an agreement is exclusively between...

[Doctors Strike] Hold High Level Stakeholder Meeting To Address Hospital Specific Concerns: Madhya Pradesh High Court To State Govt

The Madhya Pradesh High Court has directed the state government to hold a high level stakeholder meeting to address the issues raised by the Junior Doctors Association in the state, in a plea pertaining to a proposed strike announced by the association in connection with the rape and murder of a doctor in Kolkatta earlier this month. A division bench of Acting Chief Justice Sanjeev Sachdeva...

Fully Cross-Examined Witness Cannot Be Recalled To Resile From Earlier Testimony Given Before Court: MP High Court

The Madhya Pradesh High Court has made it clear that a witness who has been fully examined by the trial court cannot be recalled merely on the ground that such witness later resiled from his/her deposition.The bench of Justice Dinesh Kumar Paliwal observed, "no prosecution witness can be called for examination/cross-examination merely because he/she filed affidavit contrary to his deposition...

Minor Differences In Nomination Form Or Non-Disclosure Of Dues Not Substantial Defect To Materially Affect Election Result: Madhya Pradesh High Court

While dismissing two pleas challenging the election of Congress MLA Ajay Arjun Singh from Chaurhat constituency, the Madhya Pradesh High Court held that mere minor differences in nomination form or non disclosure of dues cannot be termed a "substantial defect" affecting the election result. A single judge bench of Justice Vishal Mishra observed that the election petitions alleged...

Caste-Based Preference In Appointments Can Only Be Granted If Minimum Educational Qualification Is Met: MP HC Quashes Termination Of ASHA Worker

The Madhya Pradesh High Court at its Jabalpur Bench, recently, quashed the termination of an Accredited Social Health Activist (ASHA) worker. The worker was terminated on account of a state policy giving preference to candidates from Scheduled Tribes (ST) in areas where their population exceeds 50%. The court held that the application of this policy was erroneous in this case due to...

"Internal Notes Are Fair Criticism": MP High Court Dismisses Contempt Proceedings Against Revenue Officials For Remarks On Trial Court

The Madhya Pradesh High Court, at Indore, dismissed contempt proceedings initiated against revenue officials for allegedly making adverse comments on a judgment passed by the Lower Appellate Court. The case focused on whether the comments made by the Tehsildar and Sub-Divisional Officer (SDO) regarding the appellate court's decree constituted contempt of court. The Court concluded that...

Mere Occasional Misbehaviour Or Harassment Does Not Amount To Abetment To Suicide: Madhya Pradesh High Court

The Madhya Pradesh High Court at Gwalior set aside charges framed under Section 306 of the Indian Penal Code, stating that mere occasional harassment or misbehaviour does not amount to abetment to suicide.A single-judge bench of Justice Sanjeev S. Kalgaonkar observed that for an offence of abetment to be made out, there must be a clear and intentional act of instigation or incitement.The...

Law Does Not Prescribe Small Or Commerical Quantity For Opium Poppy Cultivation: Madhya Pradesh HC Allows Bail For Accused In NDPS Case

The Madhya Pradesh High Court recently granted bail to an accused in a case involving the cultivation of opium poppy under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Justice Vishal Dhagat held that due to the lack of specified quantity, either small or commercial for opium poppy within the legislation, Section 37 of the NDPS Act will not be attracted in this case. It was...

Madhya Pradesh High Court Directs Protesting Doctors To Return To Work Immediately, Calls For Presentation Of Grievances At Next Hearing

The Madhya Pradesh High Court, led by Acting Chief Justice Sanjeev Sachdeva and Justice Raj Mohan Singh has addressed a notice of strike by doctors, medical students, and associated medical organizations within the state. The strike is to be initiated in response to a horrific incident of rape and murder against a resident doctor in Kolkata, with the petitioners demanding stricter measures...

MP HC Grants Interim Relief To Private Schools Ordered To Refund Allegedly Excessive Fees Levied In Violation Of 2017 Fee Regulation Rules

In a recent decision, the Madhya Pradesh High Court at Jabalpur granted an interim stay on orders mandating the refund of school fees collected by private institutions from the academic year 2017-18 onwards. The case involves an appeal by St. Aloysius Senior Secondary School which challenged the orders of the district authorities directing them to refund fees collected in excess of...