Using 'Informal Methods' To Guide Erring Students Not Abetment: Madhya Pradesh HC Quashes FIR Against Teachers For Suicide Of Class XII Student

Madhya Pradesh High Court has recently held that a teacher reprimanding the student as a means of course correction cannot be brought under the ambit of abetment to commit suicide under Section 306 IPC. The court also noted that some informal social controls applied to guide the students in the right path will not constitute abetment or instigation as given in Section 107 of IPC.“Although...

Readiness To Transfer Possession Not Sufficient In Case Of Joint Family Property Where Executor Incompetent To Execute Agreement: MP High Court

The Madhya Pradesh High Court at Jabalpur last week laid down that mere assertion in an agreement that an amount had been obtained as consideration and that possession had been handed over would not be sufficient to prove the possession over a property, particularly in circumstances where the property is a joint family property."The law with respect to transfer of joint family property...

No Hindu Marriage Deemed Valid Until 'Saptapadi' Is Performed: Madhya Pradesh High Court

The Madhya Pradesh High Court has observed that in Hindu law, marriage is not a contract and unless and until Saptapadi is performed, there cannot be said to be a valid marriage.With this, a bench of Justice Gurpal Singh Ahluwalia dismissed a plea filed by 4 petitioners seeking to quash an FIR lodged against them for offences under Sections 366 (abducting or inducing woman to compel...

Contract Wages Cannot Be Reduced Arbitrarily On Delegation Of Work: Madhya Pradesh High Court

The Madhya Pradesh High Court has laid down that contract wages cannot be reduced in an arbitrary and illegal manner upon delegation of work in favour of a delegatee. Justice Vivek Agarwal passed the order while considering a batch of petitions by employees who had been initially engaged by the respondent-National Health Mission as part of their scheme on various subsidiary jobs. The Court...

Social Media Post Merely Casting Doubt On Conduct Of Free & Fair Assembly Elections Not An Offence U/S 505 IPC: Madhya Pradesh High Court

The Madhya Pradesh High Court at Gwalior has laid down that merely casting a doubt upon the conduct of free and fair Legislative Assembly elections via a social media post cannot attract the offence under Section 505(2) of IPC ('statements conducing to public mischief'). The petitioner in this case, a correspondent, had made a social media post raising doubt in relation to conduct of free...

MP High Court Issues Notice To Facebook, YouTube In Contempt Plea Over Objectionable Posts Against Acharya Dhirendra Shastri

The Madhya Pradesh High Court has issued show cause notices to YouTube and Facebook officials in a contempt petition filed against them alleging that the two internet companies failed to comply with the High Court's last month's order to remove objectionable posts against Hindu spiritual leader Acharya Dhirendra Krishna Shastri. A bench of Justice Raj Mohan Singh issued notices...

Consent Of Co-Plaintiffs Not Necessary For Withdrawal Of Suit By Plaintiff Whose Relief Is Severable From Others: MP High Court

The Madhya Pradesh High Court at Gwalior has laid down that if one of several plaintiffs having independent right to relief which is severable from the right claimed by the other plaintiffs, seeks to abandon his/her claim in the suit, the Court may grant such prayer in its discretion. Justice Milind Ramesh Phadke added that this is so if such abandonment of claim by the plaintiff does not...

S.243 CrPC Does Not Bar Investigating Officer To Appear As Witness For Accused In Cross-Case Where Accused Is Complainant: MP High Court

The Madhya Pradesh High Court Gwalior Bench recently allowed an application filed by an accused under Section 311 CrPC seeking appearance of the Investigating Officer as a witness in the cross-case registered by him.Section 311 of CrPC stipulates the power to summon material witnesses, and examine persons present. Justice Anand Pathak noted that Section 243 of Cr.P.C. ('evidence for...

S.17 SARFAESI Act | Applications Filed Beyond 45-Day Limit Not Barred From Seeking Condontation Of Delay Under Limitation Act: MP High Court

The Madhya Pradesh High Court recently held that Section 5 of the Limitation Act stipulating condonation of delay would apply in respect of applications under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act') before the Debt Recovery Tribunal (DRT) filed beyond the period of 45 days. Section 17 of the...

MP High Court Grants Bail To 18 Yr Old Boy Arrested For Allegedly Spitting On 'Mahakal' Procession After Complainant & Witness Disown Case

The Indore bench of the Madhya Pradesh High Court released on bail an 18-year-old Muslim teenager who had been in custody for 151 days for allegedly spitting on a Hindu 'Mahakal' procession after the complainant and the eye witness turned hostile.The above ruling came in a bail application filed under Section 439 of the Code of Criminal Procedure, 1973. The applicant, Adnan Mansuri was in...

Wife's Refusal To Consummate Marriage Amounts To Mental Cruelty, Ground For Divorce: MP High Court

The Madhya Pradesh High Court has held that wife's refusal to consummate the marriage would amount to cruelty, and would constitute a ground for divorce under Section 13 (1)(i-a) of the Hindu Marriage Act.The Bench of Justice Sheel Nagu and Justice Vinay Saraf observed, "There can never be any straight jacket formula or fixed parameters for determining mental cruelty in matrimonial matters....

MP High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy, Asks For Affidavit Stating She Won't 'Resile' Allegations At Trial

The Madhya Pradesh High Court last week permitted a minor girl to undergo medical termination of pregnancy, with the condition that herself and her father ought to submit an affidavit to the Investigating Officer stating that they shall not resile from their allegation that the pregnancy had occurred as a result of rape. Justice G.S. Ahluwalia also directed the Trial Court to submit its...