Can't Allow Fraudsters To Take Advantage Of Reservations For Differently Abled Candidates: Madhya Pradesh High Court Proposes 3-Tier Scrutiny For PwD Category

The Madhya Pradesh High Court has proposed constituting a three-tier scrutiny system for issuing disability certificates to candidates seeking public employment.A single-judge bench of Justice Vivek Agarwal was hearing a plea filed by the National Federation Of The Blind (MP) against the dismissive attitude of the state government in appointing visually impaired persons as per...

MP High Court Acquits Father Sentenced To Life Imprisonment For Daughter's Rape, Says He Was Roped In For Disapproving Of Her Conduct

In a rape case involving a father-daughter duo, Madhya Pradesh High Court has set aside the conviction of father by holding that the prosecution was unable to establish even the 'foundational facts' against him.The court also felt that it could place sufficient credence in the version of the appellant/accused that he was roped in for 'raising eye-brows about the conduct of the daughter' who...

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court

Madhya Pradesh High Court has recently held that when government employees who have direct/indirect influence in the selection process or members of local bodies are related within the prohibited degrees to an Anganwadi Karyakarta candidate, then that candidate will be held ineligible.It is pertinent to note here that the prohibited degrees of relationship are given in the Office...

Wife Entitled To Maintenance When Promises Made By Husband In Agreement To Live Separately Not Complied With: MP High Court

Madhya Pradesh High Court has recently held that when the husband has taken a step back from the promises made in the agreement to live separately, then it can't be said that the wife is living separately by mutual consent.The single-judge bench of Justice Vishal Dhagat also clarified that the wife will be entitled to maintenance in such instances.“... Petitioner No.1 agreed to live...

This Is A Holy Land With Belief That Divinity Blossoms Where Women Are Honoured: MP High Court Refuses To Quash Rape Case Based On Compromise

The Madhya Pradesh High Court has declined to accept a compromise filed by the prosecutrix for compounding the case against a rape accused. Though the prosecutrix had filed the compromise with the intent not to prosecute the FIR against the accused, the bench sitting at Indore made strong observations that no one can ravish a woman and then get acquitted based on a compromise.The single...

Arbitration & Conciliation Act Provisions Can Be Invoked In Addition To Remedies Available Under SARFAESI Act: MP High Court

The Madhya Pradesh High Court at Jabalpur recently laid down that the provisions of the Arbitration and Conciliation Act, 1996 ('AC Act, 1996') can be invoked by a financial institution in addition to the remedies available under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act') for settlement of disputes in relation...

Order VII Rule 11 CPC | Mandatory Injunction Not 'Consequential' To Relief Of Declaration: MP High Court Asks Plaintiff To Pay Separate Court Fee

Last week, Madhya Pradesh High Court directed a plaintiff to pay the ad-valorem court fees in a suit for declaration and mandatory injunction since the court found that the injunction sought for was not consequential to the prayer of declaration made. Hence, in the appeal preferred by the plaintiff against the stand taken by the trial court in an Order VII Rule 11 application preferred by...

MP High Court Reproduces Bail Conditions In Hindi For Convenience Of Accused & Surety In Abetment Of Suicide Case

Recently, Madhya Pradesh High Court, in a rare instance, added the Hindi translations of bail conditions in the original order itself for compliance. While allowing the accused to be released on bail, High Court reproduced all five bail conditions in Hindi for the convenience of the accused and surety.“….it is directed that applicant Damodar Yadav shall be released on bail… upon...

'Vision 2047': Madhya Pradesh HC Vows To Ensure No Case In State Remains Pending For Beyond A Year From Its Institution By 2047

On the auspicious occasion of the 75th Republic Day, the Madhya Pradesh High Court announced the launch of the 'Vision 2047', an initiative to celebrate 2047, the 100th year of Independence in a "contributory way" by ensuring that no case remains pending for beyond a year from its institution at Madhya Pradesh.Releasing a special note on this occasion, Chief Justice Ravi Malimath India sent out...

POCSO Act | Scholar Register Sufficient To Determine Victim's Age, Prosecution Testimonies Can't Be Disregarded For Trivial Contradictions: MP High Court

Recently, Madhya Pradesh High Court has underscored that a school admission register/ scholar register is a valid document that can be relied upon for determining the age of a survivor concerning a POCSO offence. On another note, the court also iterated that testimonies of prosecutrix and other witnesses can't be deemed unreliable unless there is any material contradiction that goes to the...

Order Of Arbitrator Rejecting Application U/S 16 Of The A&C Act Cannot Be Challenged In A Writ Petition: Madhya Pradesh High Court

The High Court of Madhya Pradesh held that an order of the arbitral tribunal rejecting a challenge to its jurisdiction under Section 16 of the A&C Act is not challengeable in a writ petition. The bench of Justice Sushrut Arvind Dharmadhikari held that a party aggrieved by the rejection of its application under Section 16 of the AC& Act has to wait till the passing of...

Allegation Of False Promise To Marry Not Established: MP High Court Sets Aside Rape Conviction Of Accused Acquainted With Prosecutrix On Matrimony Site

In a recent case, Madhya Pradesh High Court reversed a rape conviction on the ground that there was no cogent proof that the consent for sexual relations was obtained by giving a false promise of marriage. The court also observed that no plausible conclusion can be drawn that the sexual liaison occurred under the misconception of fact such as the promise of marriage.The single-judge bench...