Lack Of Legal Knowledge No Defence For Govt Officials Violating Citizens' Constitutional Rights: MP High Court Slams Encroachment Of Private Land

Madhya Pradesh High Court has come down heavily on the government officials for citing the lack of legal knowledge as an excuse to trample on the constitutional rights of its citizens.The single-judge bench of Justice Gurpal Singh Ahluwalia imposed Rs 25,000/- cost on the Executive Engineer, PWD, Rewa Division, for flouting the court's erstwhile instruction to stop the use of private land as...

'Expects Family To Get Date Of Civil Death Declared Through Courts', MP High Court Deplores Indian Army's Behaviour Towards Missing Soldiers

Disapproving the 'somewhat rude' behaviour of the Indian Army towards the missing soldiers and their families, Madhya Pradesh High Court has highlighted the importance of abolishing the 'worn-out rules' regarding the pension and retirement benefits of soldiers.The single-judge bench of Justice Anil Verma was adjudicating a second appeal filed by the family members (parents) of the...

Wife Filing Criminal Case Against Spouse & In-Laws Is Only Taking Recourse Of Legal Remedy, Not Abetting Husband To Commit Suicide: MP High Court

Stating that the act of the wife who filed a criminal case against the husband and in-laws for cruelty cannot be termed as an act that amounts to abetting the husband to commit suicide, the Madhya Pradesh High Court observed that the complainant-wife shouldn't be punished for taking the recourse of a legal remedy.The single judge bench of Justice Gurpal Singh Ahluwalia also added that a...

Act Of Unnatural Sex By Husband With His Wife During Subsistence Of Marriage Not An Offence, Consent Immaterial: Madhya Pradesh High Court

Madhya Pradesh High Court has recently held that consent becomes immaterial when the husband indulges in an unnatural act of sex with his wife during the subsistence of marriage, and the same cannot come within the purview of rape as mentioned in Section 375 of the Indian Penal Code. Since it won't be rape under Section 375 IPC, the offence under Section 377 IPC will not be attracted either,...

Proceedings Against Accomplices For Fraud Can't Be Sustained Once Proceedings Against Principal Borrower Is Closed: MP High Court

Madhya Pradesh High Court has recently clarified that when the proceedings initiated against the principal borrower/ offender on account of the commission of fraud get terminated, other accomplices involved in the offence cannot be prosecuted thereafter.The Division Bench of Justices Sushrut Arvind Dharmadhikari and Gajendra Singh was adjudicating a batch of miscellaneous cases arising from...

Does Agreement Of Separation Between Married Couple Amount To Divorce? Madhya Pradesh HC Answers

A single bench led by Justice Gurpal Singh Ahluwalia of the Madhya Pradesh High Court recently observed that a separate divorce agreement signed by a husband and wife has no legal validity and does not amount to divorce.BackgroundThis case concerns quashing a case registered by a wife in 2023 against her husband and in-laws. Husband and Wife got married on 21/04/2022 and later the wife...

HFCs Can Resort To SARFAESI Provisions For Recovery Of Loans Even If Borrowings Fall Below Threshold Limit Of 20 Lacs: M.P High Court

The Madhya Pradesh High Court (Indore Bench) held that the Housing Finance Companies (HFC) can resort to the draconian powers under SARFAESI Act of taking over of physical and symbolic possession of the mortgaged property, towards recovery of their loans and borrowings, irrespective of the loan borrowings in favour of the petitioner falling below the threshold limit of...

Hindu-Muslim Marriage Invalid Under Muslim Personal Law : MP HC Refuses Protection Plea Of Inter-Faith Couple

The Madhya Pradesh High Court recently refused to grant protection to an inter-faith couple observing that a marriage between a Muslim man and a Hindu woman was invalid as per the Muslim Personal Law.The petitioners, stating that they were in love with each other, approached the Marriage Officer under the Special Marriage Act, however on account of objections raised by the family, they could...

Centre Notifies Transfer Of Delhi High Court's Justice Sanjeev Sachdeva, Justice V Kameswar Rao

The Central Government on Wednesday notified the transfer of Delhi High Court judges, Justice Sanjeev Sachdeva and Justice V Kameswar Rao, to the Madhya Pradesh High Court and Karnataka High Court respectively. “In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to...

Executing Court to Determine Stamping on Arbitral Award Meets Requirements Under Indian Stamp Act: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justice Duppala Venkata Ramana held that the executing court cannot dismiss the objections regarding the adequacy of the arbitral award without determining whether the award meets the stamping requirements outlined in the Indian Stamp Act. Brief Facts: The matter pertained to a dispute initiated by the Respondent-Bank against the Petitioner for...

Centre Notifies Appointment Of Justice Sheel Nagu As Acting Chief Justice Of Madhya Pradesh High Court

The Central Government has notified the appointment of Justice Sheel Nagu as Acting Chief Justice of the Madhya Pradesh High Court after Chief Justice Ravi Malimath demits office on May 24, 2024.“In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint Shri Justice Sheel Nagu, Judge of the Madhya Pradesh High Court, to perform...

FIR Can't Be Quashed Only On Ground That Police Station Had No Territorial Jurisdiction To Probe Matter: MP High Court

The Madhya Pradesh High Court has observed that an FIR cannot be quashed only because the Police Station where it was lodged had no territorial jurisdiction to investigate the matter. A bench of Justice Gurpal Singh Ahluwalia further said that if any cognizable offence has been committed, a complainant can lodge the FIR in any Police Station. If the Police Station concludes that it...