Madhya Pradesh HC Raps IO, SHO For Manipulating Case Diary & Delaying Probe After Rejection Of Closure Report, Directs DGP To File Case Against Them

The Madhya Pradesh High Court has censured police officers of various ranks in Balaghat District for sitting on a case investigation for over 4 years even after the rejection of the closure report by the Chief Judicial Magistrate.“…the Investigating Officer as well as the then SHO, Police Station Kotwali, District Balaghat were out and out to give undue advantage to the accused...

[Lawyers' Strike] Madhya Pradesh High Court Restrains Ten Office Bearers Of Seoni Bar Association From Appearing In Any Courts For One Month

The Madhya Pradesh High Court has barred ten advocates belonging to the Seoni Bar Association from appearing in any courts for one month, pursuant to a submission made by the counsel appearing for the State Bar Council regarding the recent lawyers strike called by them.“In view of the submission made, the aforesaid advocates shall not be permitted to appear in any court for a period of...

Wife Must Be Living In Adultery 'At Or Around Time' Of Filing S. 125 CrPC Plea To Be Disentitled To Maintenance: MP High Court

The Madhya Pradesh High Court has recently observed that a wife can be debarred from getting maintenance on the ground of “adultery” only when she is actually “living in adultery” at or around the time of application for maintenance under Section 125 of CrPC.A bench of Justice Prakash Chandra Gupta added that the acts of adultery by the wife have to be continuous and the liability...

Dues Towards Excess Payment Recoverable From 'Retiring' Employee If There's No Forced Undertaking At Time Of Pay Refixation: MP High Court Full Bench

A full bench of the Madhya Pradesh High Court has recently held that recovery can be ordered to be effected from the pensionary benefits or the salary in view of the undertaking or indemnity bond given by the employee at the stage when the grant of benefit of pay refixation is made. However, while answering the questions posed in the reference, the High Court has clarified that this would...

Granting Protection To 19-Year-Olds, MP High Court Advises Youngsters To Be Cautious About Getting Into Live-In Relationships So Early

In a recent ruling, the Madhya Pradesh High Court, while granting protection to a young live-in couple - both the boy and the girl aged 19 years- sounded a word of caution about youngsters getting into relationships and leaving their families at an early stage of life.Since the petitioners had attained the age of majority and affirmed that they were acting out of free choice, the Court...

Proceedings Under Section 138 of Negotiable Instruments Act And Arbitration Are Parallel In Nature Rather Overlapping: Madhya Pradesh High Court

The Madhya Pradesh High Court single bench of Justice Anand Phatak held that proceedings under Section 138 of the Negotiable Instruments Act regarding dishonoring of cheques and arbitration are two proceedings moving in different jurisdictional realm and they are parallel in nature rather than overlapping. It held that “both may continue because scope of Section 138 of the N.I. Act...

[Immoral Traffic Act] 'Grave Suspicion' Enough To Frame Charges, MP High Court On Customer Allegedly Financing 'Procurement' Of Girl For Prostitution

Madhya Pradesh High Court has recently iterated that grave suspicion about a person committing certain offences is sufficient for the trial court to frame charges. The High Court was considering a challenge against the trial court's order of framing charges under Sections 5 and 6 of the Immoral Traffic (Prevention) Act, 1956.Relying on M.E. Shivalingamurthy v. CBI, Bengaluru, (2020) 2 SCC 768...

[MP Civil Judge Exam] High Court Provisionally Permits PwD Candidates With Minimum Qualifying Marks To Appear For Mains Exam

In an important development pertaining to the MP Civil Judge Exam (Junior Division), Madhya Pradesh High Court has provisionally permitted physically handicapped candidates who obtained minimum qualifying marks in the preliminary exam to appear for the Mains Exam scheduled on 30.03.2023 & 31.03.2023.The Division Bench of Chief Justice Ravi Malimath and Vishal Mishra held that when seats...

MP High Court Dismisses Plea Seeking Action Against Comedian Kapil Sharma Over Controversial Depiction Of Court Scene

Stating that police have nothing to do with the type of allegations involved, Madhya Pradesh High Court has refused to interfere with the lower court orders that disallowed police investigation in a criminal complaint filed against comedian Kapil Sharma.In 2021, a lawyer named Suresh Dhakad preferred a complaint under Section 190-200 of Cr.P.C. against Kapil Sharma, the anchor of 'The...

Madhya Pradesh HC Refuses Relief To Husband Who Threatened Wife With Irrevocable Divorce Through Talaq-E-Ahsan, Illegally Pronounced Talaq-Ul-Biddat

Madhya Pradesh High Court recently refused to quash criminal proceedings pending against a husband and the witnesses who signed talaknama for granting Talaq-e-ahsan to a woman in contravention of Section 2(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019.The applicant-husband primarily submitted that Talaq-e-ahsan has no instantaneous effect and it becomes effective only...

[Swarnrekha River Revival] Survey Before Detailed Project Report For Laying Trunk Lines Will Be Completed Within One Month: MP High Court Told

In a public interest litigation filed for the revival of the Swarnrekha River in Gwalior, the company entrusted with the preparation of a Detailed Project Report (DPR) for laying trunk lines submitted before Madhya Pradesh High Court that it would complete the survey within one month. The company's representative also informed the Court that the project report can be finalised within one...

MP High Court Refuses To Quash Defamation Case Against Former BJP Minister Gauri Shankar Bisen For Calling Banker 'Thief'

Observing that specific allegations have been made out, Madhya Pradesh High Court dismissed a petition to quash the proceedings in a criminal defamation case pending against former BJP Minister Gauri Shankar Bisen.The single-judge bench of Justice Sanjay Dwivedi observed that the statements of witnesses mention the former Co-operative Minister addressing Sanjay Nagayach, former Chairman of...