MP Civil Services Rules | Retd Employees Entitled To 20% Additional Pension Once They Enter 80th Yr Of Life, Not Upon Completion Of 80 Yrs Age: HC

The Madhya Pradesh High Court has recently clarified that retired employees are entitled to the additional quantum of pension at the rate of 20 per cent from the date they turn 79 years old and enter the 80th year of their life, and not just from the point when an employee completes 80 years of age.The single-judge bench of Justice Anand Pathak applied a purposive interpretation of statutes...

Music Band Training Optional For Police Constables, Can't Send Them For Band Practice Without Written Consent: MP High Court

Madhya Pradesh High Court has recently allowed a plea made by several police constables from Mandleshwar, Mauganj and Pandhuma against enlisting them in the police band's dummy team without their consent. The single-judge bench of Justice Vivek Jain held that the constables can't be sent for participation and training in the police band team without their...

Not In Position To Pay Even Rs 30? MP High Court Dismisses Homemaker's Application To Prosecute 12 Yrs Old Appeal As 'Indigent'

In a peculiar instance, the Madhya Pradesh High Court dismissed an application filed by a homemaker to prosecute an appeal against the order passed by the Railway Claims Tribunal in 2010 as an 'indigent person', noting that the court fees payable on the memorandum of appeal was merely Rs 30.The single-judge bench of Justice Vivek Jain observed that the appellant-applicant has not demonstrated...

Bhopal Gas Tragedy: MP High Court Asks Centre About Funds For Treatment Of Victims

The Madhya Pradesh High Court on Wednesday asked the Central government about grant of funds to the Bhopal Memorial Hospital and Research Center, which was established to provide advanced tertiary level super-specialty care to the victims of the Bhopal Gas Tragedy (1984).Division bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf was hearing a writ petition filed by the...

MP High Court Grants Interim Protection To Christian Missionary Allegedly Involved In Illegal Religious Conversion

The Madhya Pradesh High Court at Jabalpur has issued an interim order protecting Dr Ajai Lall, the operator of a hospital in Damoh, from any further coercive action until the next hearing. This order comes amidst ongoing investigations and legal proceedings against Dr Lall, who has been charged with inter alia human trafficking, and illegal religious conversion.Dr. Ajai Lall, a...

Coparceners Cannot Alienate Any Specific Share Of Land Belonging To Hindu Joint Family Property Other Than Their Own Share: Madhya Pradesh HC

The Madhya Pradesh High Court has discussed the issue of the sale of a part of land belonging to a Hindu joint family property. The court adjudicated on the question of whether a specific piece of land, not being the share of a coparcener, can be alienated. In answering the question in the negative, Justice Gurpal Singh Ahluwalia held that:“Although a coparcener or co-sharer can alienate to...

Legal Profession Not Commerical Activity, Lawyers Cannot Pressurise Court To Pass Favourable Orders To Recover Fees From Client: MP High Court

The Madhya Pradesh High Court has condemned a lawyer for making inappropriate comments and allegedly pressurising the court to pass favourable orders in order to recover legal fees from his clients. A single bench of Justice Gurpal Singh Ahluwalia held:The profession of an Advocate is not a business or commercial activity. They are supposed to put forward the case of their client by...

Trivial Domestic Matters Such As Not Preparing Food On Time, Making Husband Do Household Chores Is Not Abetment To Suicide: Madhya Pradesh HC

The Madhya Pradesh High Court at Indore in a recent case on abetment of suicide observed that the allegations against the petitioner, such as not preparing food on time, compelling her husband to do household chores, and attending her brother's wedding, were trivial domestic issues which did not meet the threshold of "instigation" as defined under Section 107 of the IPC.Justice Hirdesh...

Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court

The Madhya Pradesh High Court at Jabalpur has held that suspects or accused individuals cannot be given a pre-audience to determine the manner or agency of their investigation.Justice G. S. Ahluwalia passed the order in a plea by the petitioner seeking directions on the police to conduct a 'free and fair' investigation, even before an FIR was registered against him. The legal question...

[Prevention Of Corruption Act] Ability Of Accused To Influence Bribe Giver More Important Than His Competency To Do Favour: MP High Court

The Madhya Pradesh High Court has held that for conviction of an accused under the Prevention of Corruption Act, the major test is the ability of accused to induce the bribe giver to give illegal gratification by making demand and the impression in the mind of the bribe giver; not the competency of the accused to do a favour.Justice Gurpal Singh Ahluwalia observed,"...whether the accused...

Breach Of Privacy: Madhya Pradesh High Court Declines Admission Of Unauthorised Recordings Of Wife's Conversations In Matrimonial Dispute

The Madhya Pradesh High Court bench has addressed the issue of the admissibility of electronic evidence recorded illegally in matrimonial disputes. Justice Gajendra Singh set aside a previous order by the Additional Principal Judge, Family Court, Indore, which allowed the inclusion of an illegally recorded conversation as evidence. It was held that unauthorized recording breaches...

Madhya Pradesh High Court Stays Replacement Of Contractual Vocational Trainers In Higher Secondary Schools

In an interim order passed recently, the Madhya Pradesh High Court restrained the State government from appointing any new Vocational Trainers in place of already employed contractual employees in higher secondary schools. A single judge bench of Justice Vivek Jain in its August 2 order took note of a July 17 interim order passed by a coordinate bench of the high court which had in...