Madhya Pradesh High Court
Murder Conviction & Life Imprisonment Of Husband Ground For Divorce On Account Of Mental Cruelty: Madhya Pradesh High Court
Madhya Pradesh High Court has held that the factum of a husband sentenced to life imprisonment in a murder case can be grounds for divorce on account of 'mental cruelty' to the wife.The Division Bench of Justice Vivek Rusia and Justice Rajendra Kumar Vani observed that divorce can be granted in instances where the husband or wife has been convicted and sentenced to life imprisonment, even in...
Not Disclosing 'Right To Terminate Pregnancy' Infracts Victim's 'Right To Live With Dignity': MP High Court Slams Police, Doctor In Minor's Rape Case
The Madhya Pradesh High Court came down heavily on the investigating officer and the treating doctor after they failed to duly inform family members of a minor rape victim about the right to terminate pregnancy within 22 weeks under the Medical Termination of Pregnancy Act, 1971.The single-judge bench of Justice Subodh Abhyankar emphasised that most of the rape cases occur in remote areas...
Death Caused While Performing Active Duty In Drive Against COVID: M.P HC Imposes Cost For Illegal Denial Of Corona Scheme To Legal Heirs
Finding that the death of the deceased was attributed to corona virus and he died while performing active duty in the drive against corona virus, the Madhya Pradesh High Court held that the action of the Relief Commissioner in denying the benefit of Mukhyamantri COVID -19 Yoddha Kalyan Yojna to the legal heirs of the deceased (Arun Pateriya) are totally illegal,...
Why Cartoon On Sidhi Urination Incident Showed Man In RSS Dress? MP High Court Refuses To Quash FIR Against Folk Singer
The Madhya Pradesh High Court refused to quash the FIR registered against Bhojpuri singer Neha Singh Rathore over posting a cartoon on her Twitter and Instagram handles in relation to the incident of a person urinating on a tribal man in Sidhi last year.The Court noted that the cartoon depicted a person wearing Khaki shorts, the uniform dress of Rashtriya Swayamsevak Sangh (RSS) workers,...
No Reason To Discard Testimony Of 8-Yr-Old Child If Competent To Give Rational Answers: MP High Court In Murder Case
Noting that there is no reason to reject the testimony of a child of tender age per se, Madhya Pradesh High Court has upheld the conviction and sentence passed by the trial court in a murder case, based on the evidence of an 8 yr old child who was the sole eye witness.The Division Bench of Justice Vijay Kumar Shukla and Justice Hirdesh opined that once the quality and reliability of the...
Continuing Pregnancy Of Woman Unable To Manage Herself Will Be Problematic In Future Life: MP High Court Grants Relief To Disabled Rape Survivor
Madhya Pradesh High Court has permitted the termination of a 17-year-old rape survivor's pregnancy at 29 weeks, subject to certain conditions, considering the peculiar circumstances involved.The Division Bench of Former Chief Justice Ravi Malimath and Justice Vishal Mishra held that the pregnancy of the physically disabled survivor in this particular case can be terminated provided that it...
Mere Initiation Of Proceedings Under IBC Doesn't Bar Liability Of Signatory Of Cheque Under Negotiable Instruments Act: Madhya Pradesh High Court
The Madhya Pradesh High Court bench of Justice Gurpal Singh Ahluwalia has held that merely because of the initiation of proceedings under the Insolvency and Bankruptcy Code, 2016 the signatory of the cheque cannot escape from his liability under the Negotiable Instruments Act, 1881. Brief Facts: The Applicant approached the Madhya Pradesh High Court (“High Court”) and...
Madhya Pradesh High Court Imposes Rs 25K Cost On Counsel For Non-Cooperation
Madhya Pradesh High Court has imposed a cost of Rs 25,000/- on a counsel appearing for the respondents, including the insurance company, in a service matter. The drastic step was taken by the court due to the continuous non-appearance of the counsel, despite previous intimation that the case would be taken up on the afternoon of May 16.The single-judge bench of Justice Vivek Agarwal noted...
MP High Court Denies Permission To Terminate Pregnancy After Prosecutrix's Mother Concedes They'll Turn Hostile In Trial Against Rape Accused
Taking a firm stand against the misuse of the court's lawful authority, Madhya Pradesh High Court recently rejected a plea for medical termination of pregnancy when the victim's mother conceded that they did not intend to prosecute the accused relative.The single-judge bench of Justice Gurpal Singh Ahluwalia also observed that the real intention of the prosecutrix and her petitioner-mother...
Pay & Recover Principle | Insurer Not Liable If Owner Fails To Prove He Verified Competency Of Offending Driver Before Employment: MP High Court
The Madhya Pradesh High Court has reiterated that an insurance company cannot be held liable when it emerges that the owner of the vehicle has not verified the skills of the offending driver before employing him.The single-judge bench of Justice Achal Kumar Paliwal upheld the award made by the Motor Accidents Claims Tribunal at Rewa based on the 'Pay and Recover ' principle, after examining...
Constant Threats To Falsely Implicate A Person In Cases Of Rape, Eve-Teasing Is Abetment To Suicide: Madhya Pradesh High Court
In a recent order, the Madhya Pradesh High Court has held that a constant threat by the accused to falsely implicate the deceased/victim in a case of rape and eve-teasing can amount to abetment to suicide.Refusing to allow the application preferred by the accused under Section 482 Cr. P.C., the single-judge bench of Justice Gurpal Singh Ahluwalia, opined that the threat of sending the deceased...
Victim's Close Relative Not Likely To Foist An Innocent, Can't Be Disregarded Merely By Levelling Them As 'Interested Witnesses': MP High Court
Madhya Pradesh High Court has recently observed that a close relative would be likely to present the actual story of the incident instead of hiding the actual culprit and foisting the crime on an innocent person.The single judge bench of Justice Prem Narayan Singh was explaining why the testimonies of close relatives shouldn't be disregarded automatically by compartmentalising them as...