"Conscious Decision" Of Minor To Terminate Pregnancy: MP High Court Overturns Single Judge Order Denying Permission Over 'Suspicious' Rape FIR

Madhya Pradesh High Court has recently allowed a writ appeal filed by the grandmother of a minor rape victim whose pregnancy duration had reached 28 weeks. The Division Bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf said that though the pregnancy was over 28 weeks, the same was a result of an alleged offence of rape. The court then referred to X v....

Pending Criminal Case Not Sole Ground To Cancel Arms License Unless Public Peace & Safety At Threat: Madhya Pradesh High Court

The Madhya Pradesh High Court has made it clear that if the licensing authority is satisfied that a person is involved in criminal activity and there is a possible threat to public safety and public peace, it may cancel such person's arms license.Majid Khan had filed a writ petition challenging cancellation of his arms license following registration of two criminal cases against him in 2018...

Courts Cannot Supervise Police Investigations Or Order Arrests: Madhya Pradesh High Court

The Madhya Pradesh High Court has dismissed a petition seeking its intervention in the investigation of a criminal case. Justice GS Ahluwalia emphasized that courts cannot supervise police investigations or direct the arrest of accused persons, adding that such matters fall within the exclusive domain of the investigating authorities.The case stemmed from a writ petition filed by Jyotsna...

MP High Court Orders Enquiry Against Judge Who 'Blindly Signed' Wrong Order Sheets Written By Clerk

After finding out that the trial court negligently posted a cheating case for prosecution evidence repeatedly instead of framing the charges, the Madhya Pradesh High Court has recommended an enquiry against the erring judge and concerned clerk. While deciding on an application under Section 439 CrPC [483 BNSS], the High Court saw that the trial court wrongly posted a case for evidence...

Non-Govt Employee Receiving Annual Increments Is In “Permanent Job” For Grant Of Future Prospects In Motor Accident Claim: MP High Court

In a significant ruling, the Madhya Pradesh High Court addressed whether only government servants qualify as being in “permanent job” for the purpose of grant of future prospects in motor accident compensation claims.Bench of Justice Achal Kumar Paliwal held that if a person is in such a job wherein his salary is increased periodically or receives annual increment etc., then, such...

Earlier Ban On Central Govt Employees From Joining RSS Painted Its Apolitical Activities As 'Communal' & 'Anti-Secular': MP High Court

In a matter connected to the controversial ban on central government employees joining RSS, the Madhya Pradesh High Court remarked that the previous union governments had painted the 'whole universe of even the apolitical activities' of RSS as 'communal/anti-Secular', which had drastic consequences. “….The issuance of the OMs painting the whole universe of even the apolitical activities...

Permitting Secondary Evidence U/S 16 Is Exception, Party Must Explain Circumstances Under Which Photocopy Is Prepared: MP High Court

In a notable ruling, the Madhya Pradesh High Court has emphasized the necessity of establishing a "factual foundation" for admitting photocopies as secondary evidence under Section 65 of the Indian Evidence Act. The petitioner, Santosh Chouhan, had filed a civil suit for specific performance of contract and sought to introduce photocopies of documents as secondary evidence. The trial...

NHAI Officials Not Protected By 'Good Faith' Clause U/S 28 If Accident Result Of Failure To Maintain Roads/ Close Ditches: MP High Court

In criminal proceedings initiated by an accident victim who fell into a ditch on NH-7 at Seoni, the Madhya Pradesh High Court observed that the National Highway Authority of India (NHAI) or its officials haven't prima facie acted in 'good faith' to maintain the highway.The single-judge bench of Justice Gurpal Singh Ahluwalia added that maintaining the highway means NHAI taking adequate steps...

Madhya Pradesh High Court Acquits Rape Accused After He Completes 10 Yrs Jail Sentence

After observing that there can be no excuses for the 'sorry state of affairs' at the High Court that resulted in an accused completing his entire jail term of 10 years during the criminal appeal's pendency, Madhya Pradesh High Court has set aside a rape conviction owing to the 'discrepancies in prosecution story'.The single-judge bench of Justice Subodh Abhyankar noted that there can't be...

Voluntary Membership Can't Be Proscribed By Executive, Violates Article 19(1)(g): MP HC Slams Erstwhile Ban On Central Govt Employees Joining RSS

In a plea filed by a retired government servant seeking permission to join RSS, the Madhya Pradesh High Court came down heavily on the previous office memorandums issued by the Union of India that listed the organization in the banned category.“…voluntary membership of a national & internationally famed organisation like RSS, for activities other than political in nature, like...

Owner Must Ensure Safety Precautions And Warning Signs At Construction Site, Can Be Held Liable For Negligence In Their Absence: MP High Court

A single judge bench of Justice G.S. Ahluwalia of the Madhya Pradesh High Court has delivered an important ruling regarding the criminal liability of a contractor for failing to place warning signs at a construction site, which led to a fatal accident.The court held that owner of the company had the duty to ensure all safety precautions, including warning signs. The negligence in safety...

Court Cannot Compel Accused To Languish In Jail Without Progress In Trial: Madhya Pradesh High Court Reiterates

In a significant ruling, the High Court of Madhya Pradesh at Jabalpur, presided by Justice Gurpal Singh Ahluwalia, addressed the critical issue of whether an accused can be detained in jail without any progress in their trial. The ruling came in response to the Misc. Criminal Case No. 27895 of 2024 filed by Suma Bhaskaran (Suma Anil) against the Union of India.Suma Bhaskaran was arrested on...