Madhya Pradesh High Court
Mere Call Detail Records Can't Establish Criminal Conspiracy Without Proof Of Conversation Contents: MP High Court
The Madhya Pradesh High Court, while quashing criminal proceedings against a constable of the crime branch for criminal conspiracy, observed that in the absence of contents of communication, the mere existence of calls without substantive content demonstrating prior meeting of minds cannot by itself constitute criminal conspiracy under Section 61(2) of BNS. The bench of Justice Himanshu...
Plea Against Double Jeopardy Can't Be Rejected On Ground Of Delay: MP High Court
The Madhya Pradesh High Court has held that the applications invoking the doctrine of double jeopardy cannot be rejected merely on grounds of delay or the need to lead evidence, emphasizing that protection from double jeopardy is a constitutional and fundamental right and can be invoked at any time during the trial. The bench of Justice Subodh Abhyankar observed; "when such an...
Bhojshala Temple-Kamal Maula Mosque Dispute: Jain Community Also Seeks Right To Offer Prayers At Disputed Site
In the ongoing proceedings over the Bhojshala Temple-Kamal Maula Mosque dispute, the Jain Petitioners on Wednesday (May 6) argued that the architectural features of the disputed site have similarities with the Dilwara Jain Temples located in Mount Abu. The dispute concerns Bhojshala, an 11th-century monument protected by the Archaeological Survey of India. Hindus regard the site as a...
S.361 IPC | Merely Accompanying Minor Who Left Home Voluntarily Not Kidnapping From Lawful Guardianship: MP High Court
The Madhya Pradesh High Court has clarified that an adult merely accompanying a minor who has left home voluntarily of their own accord would not constitute the offence of kidnapping from lawful guardianship. For context, Section 361 IPC reads that any person who takes or entices a minor (under 18 years in case of females) out of the custody of a lawful guardian without the consent of...
Restriction On Minority Educational Institutions' Right To Choose Institute Head Violates Article 30(1): MP High Court
The Madhya Pradesh High Court has held that the right of minority aided educational institutions to choose the head of their institute cannot be restricted, as the same would amount to a violation of Article 30(1) of the Constitution. The division bench of Justice Anand Pathak and Justice Anand Singh Bahrawat observed; "Any restriction on the right of the minority management to appoint a...
MP High Court Issues Notice On PIL Seeking Regulation Of E-Rickshaws, Restriction On Their Plying On Highways
The Madhya Pradesh High Court has issued notice on a public interest litigation raising concerns regarding the unregulated operation of e-rickshaws in the State.The division bench of Justice Anand Pathak and Justice Pushpendra Yadav, after recording preliminary arguments on admission, directed; "Issue notice to the respondents on payment of process fee within seven working days, returnable...
Even If Inquiry Is Vitated, Punishment Can Stand If Misconduct Is Independently Established: MP High Court
The Madhya Pradesh High Court has upheld the disciplinary authority's order of compulsory retirement of a Branch Manager working in MP Gramin Bank, despite acknowledging procedural flaws in the disciplinary inquiry conducted against him.The bench of Justice Ashish Shroti observed that the procedural lapses vitiated the inquiry, but the independent evidence of financial misconduct was...
Assigning Census Duties To Class-I Officers In Subordination To Junior-Ranked Officers Is 'Severe Administrative Anomaly': MP High Court
The Madhya Pradesh High Court has ordered the cancellation of Census 2026-27 duties assigned to 51 'Class -I' Officers of Ujjain Engineering College, deeming the deployment legally and administratively unsustainable. In doing so the court noted that as per the relevant rules Enumerators are drawn from Class-III cadre and hence the petitioners who are Class-I officers appointed as enumerators...
Compassionate Appointment Not A Heritable Estate; State's Demand For Succession Certificate Arbitrary: MP High Court
The Madhya Pradesh High Court has held that compassionate appointment cannot be treated as a heritable estate or property right that devolves by succession, and therefore, the State asking for a succession certificate to process the application for compassionate appointment is arbitrary and invalid. The bench of Justice Jai Kumar Pillai observed; "Compassionate appointment is not a...
Property Attachment, Auction Part Of Quasi-Judicial Duties Of Tehsildar; Disciplinary Action Unsustainable Absent Malafide: MP High Court
The Madhya Pradesh High Court has made it clear that attachment and auction of property for recovery of dues are quasi-judicial functions of a Revenue officer (Tehsildar), which cannot be questioned in disciplinary proceedings in the absence of alleged malafide.The bench of Justice Jai Kumar Pillai stated,"The attachment and auction of property for the recovery of dues or execution of orders...
Compassionate Appointment Can't Be Rejected Mechanically For Non-Disclosure Of 498A IPC Case, Especially After Acquittal: MP High Court
The Madhya Pradesh High Court has held that rejection of a compassionate appointment claim cannot be automatic or mechanical merely on the ground of non-disclosure of a criminal case, particularly when the applicant was acquitted. The bench of Justice Jai Kumar Pillai observed that the competent authority must apply its mind and record a well-reasoned satisfaction of unfitness rather than...