Tribal Children Forced To Swim Across Koteshwari River To Attend School, MP High Court Directs Speedy Construction Of Bridge On The River In Dhar

Acknowledging the plight of tribal children hailing from Dhar, Madhya Pradesh High Court has instructed the Zila Panchayat Authorities and Collector to take immediate steps for the construction of a culvert on Koteshwari River to increase accessibility to a nearby school.The Division Bench of Justices Vivek Rusia and Anil Verma allowed a public interest litigation filed by Rishab Gupta...

[Nursing College Affiliation Scam] MP High Court Forms Committee Headed By Retd. Judge After CBI Report Lists 74 Colleges With Curable Deficiencies

In a batch of writ petitions challenging the legality of granting recognition and affiliation to nursing colleges in Madhya Pradesh, the High Court has constituted a three-member committee headed by Retd. Justice Rajendra Kumar Shrivastava for supervising the progress of 74 colleges deficient with minimal curable deficiency.The Division Bench of Justices Sanjay Dwivedi and Achal Kumar...

Adverse Possession 'In Continuity' Against Defendants Not Proved, MP High Court Dismisses Second Appeal From Suit For Declaration Of Title

Madhya Pradesh High Court has recently refused to grant a declaration of title based on adverse possession over the suit land on the ground that the appellant/plaintiff was unable to prove such possession was 'adequate in continuity' with the knowledge of the defendants.The single-judge bench of Justice Hirdesh observed that a person who intends to claim that his title has been perfected...

[S.397 CrPC] Not Mandatory For Accused To Surrender Or Remain In Jail To File Revision Application: MP High Court

The Madhya Pradesh High Court has iterated that the surrendering of an accused is not necessary before preferring a criminal revision application under Section 397 CrPC.The single-judge bench of Justice Vishal Dhagat underscored that there is no bar under Section 397 CrPC for entertaining a revision application even though the applicant is not in confinement. After scrutinising Section 397...

POCSO Act | Taking Child To A Closed Room, Rubbing Her Thigh With Hands Shows 'Sexual Intent' Of Accused: MP High Court

The Madhya Pradesh High Court has recently observed that the act of taking a 6-year-old child into a closed room, placing her on one's lap, and rubbing her thigh is indicative of the sexual intention of the accused, thereby constituting an offence under the POCSO Act. Justice Prem Narayan Singh, presiding over the bench, emphasized that what constitutes 'outraging of female modesty'...

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings

Noting that the 'doctrine of finality' in judgments has great sanctity, Madhya Pradesh High Court held a second review petition before it arising out of a writ matter to be non-maintainable.The Division Bench comprising Chief Justice Ravi Malimath and Justice Vinay Shukla acknowledged the dangers of allowing parties to reopen concluded judgments by filing repeated interlocutory...

[S.19 Prevention Of Corruption Act] CVC Can Use Supervisory Powers To Ensure Sanctioning Authority Doesn't Refuse Permission To Prosecute Accused: MP High Court

Madhya Pradesh High Court has held that the Central Vigilance Commission (CVC) must ensure that the sanctioning authority won't let the guilty walk away scot-free by wrongfully refusing permission for prosecution.The Division Bench comprising Justices Sheel Nagu and Vijay Saraf, also clarified that a refusal for prosecution by sanctioning authority based on a separate inquiry conducted...

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof

The High Court of Madhya Pradesh bench comprising Justice Achal Kumar Paliwal dismissed a revision petition seeking to invoke Section 8 of the Arbitration and Conciliation Act, 1996 based on a dispute related to the transfer of cheques under a partnership deed. The arbitration clause in the deed was about disputes arising between the parties, touching the firm's business or interpretation...

University Appointments | Court Can't Sit In Appeal Over Findings Of Experts Sans Violation Of UGC Regulations/ Alleged Malafides: MP High Court

In a recent decision, Madhya Pradesh High Court has observed that the court cannot interfere with the findings of an expert committee in the absence of mala fides or violation of statutory provisions.The single-judge bench of Justice Vivek Agarwal noted that the petitioner was not appointed as an Associate Professor at Indira Gandhi National Tribal University (IGNTU) Amarkantak because the...

MP HC Judge Requests Transfer As Son Practises In Same Court; Supreme Court Collegium Proposes Transfer To Telangana HC

In the latest development, the Supreme Court's collegium has agreed to the request of Justice Sujoy Paul of Madhya Pradesh High Court regarding his transfer to a different Court. The request was made on 12th February on the ground that his son is practicing in the same High Court. Consequently, the Supreme Court released the notification yesterday (February 13th),...

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16(3) of the Arbitration and Conciliation Act, 1996 by the Petitioner. The...

'Poverty Not An Offence', Judgment Debtor With No Source To Pay Can't Be Sent To Prison Merely Citing Money Decree Against Him: MP High Court

Recently, Madhya Pradesh High Court iterated that a judgment debtor cannot be sent to civil prison merely based on the money decree against him if he is devoid of any property/source of pay.The single-judge bench of Justice Dwarka Dhish Bansal also held that the inability to pay decretal amount due to poverty is not an offence. “In view of the aforesaid decision of Hon'ble Supreme Court it...