Medical Negligence: MP High Court Quashes Prosecution Against Doctor Over Leg Amputation Citing Absence Of Expert Committee Report

Madhya Pradesh High Court has iterated that no prosecution can be launched against a doctor accused of medical negligence without the report of an expert committee as contemplated in Jacob Mathew v. State of Punjab & Anr. (2005).The single-judge bench of Justice Gurpal Singh Ahluwalia noted that the complainant did not approach a committee of experts to prove the medical negligence of...

Inter Se Seniority Of Employees Can't Be Decided By Overlooking Merit & Giving Preference To Age When 'Merit' Criteria Already Adopted: MP High Court

In a case pertaining to inter se seniority among sub-engineers of Industrial Development Corporation, Madhya Pradesh High Court has held that the merit list can't be overlooked by giving preference to age in matters of promotion.The single judge bench of Justice Vivek Agarwal observed that when the daily wagers have been placed in a particular order in reference to their merit, then that...

Co-Defendants Can't File Counter Claims Against Each Other, Must File Separate Suit Regarding Dispute Over Suit Property: MP High Court

Madhya Pradesh High Court has recently clarified that co-defendants in a suit cannot file cross-suits against each other, and for a separate dispute about the suit property, a separate suit can be filed to which Section 10 of CPC won't be applicable.While adjudicating the issue, the single-judge bench of Justice Vivek Rusia observed that the inter se dispute between the plaintiff and...

Woman Can't Seek Maintenance From Second Husband U/S 125 CrPC If Her First Marriage Survives: Madhya Pradesh High Court

Madhya Pradesh High Court has refused to interfere with a family court order that denied maintenance to a woman on account of the subsistence of her first marriage with another man. The court took the view that a wife should be a 'legally wedded wife' for claiming maintenance under section 125 CrPC.The single-judge bench of Justice Prem Narayan Singh added that the petitioner-woman will be...

[Order VI Rule 17 CPC] Only Pleadings Proposed Should Be Considered In Amendment Application, Not Merits Of Proposed Amendment: MP High Court

Madhya Pradesh High Court has underscored that the merits of the proposed amendment under Order VI Rule 17 CPC must not be taken into consideration by the trial court. The amendment application should be allowed by examining the proposed pleadings alone, the court clarified.The single judge bench of Justice Pranay Verma also added that the amendment sought in the written statement by...

'Its Character Needs To Be Demystified': Madhya Pradesh HC Directs ASI To Survey Bhojshala Temple-Kamal Maula Mosque Complex

The Madhya Pradesh High Court (Indore Bench) today directed the Archaeological Survey of India (ASI) to conduct a scientific investigation, survey and excavation at the Bhojshala Temple cum Kamal Maula Mosque complex in Dhar district of the State. A bench of Justice SA Dharmadhikari and Justice Devnarayan Mishra ordered thus while hearing an interlocutory application filed in a...

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156(3) CrPC to the designated special judge of Indore District Court.The single-judge bench of Justice Sanjay Dwivedi noted that since...

Centre Notifies Appointment Of Justice Duppala Venkata Ramana As A Permanent Judge Of Madhya Pradesh High Court

The Central government on Sunday notified the appointment of Justice Duppala Venkata Ramana as a permanent judge of the Madhya Pradesh High Court.A notification issued in this regard by the Ministry of Law and Justice reads thus:"In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint Shri Justice Duppala Venkata...

MP High Court Imposes Rs 2 Lakh Cost On Revenue Officer, RTI Activist For Harassing Senior Citizen With Bogus 'False Domicile' Complaint

Madhya Pradesh High Court has imposed Rs 2 lakhs cost on SDO (Revenue), Sendhwa and an RTI activist (complainant) to be paid jointly for harassing an elderly couple through proceedings beyond the scope of the law. According to the court, such harassment was done on the pretext that the petitioner, a retired college principal, issued a false domicile certificate in his wife's favour for...

When Prosecution Case Solely Rests On Police Witnesses, They Must Be Subject To Strict Scrutiny: MP HC Sets Aside Conviction In 2016 Rioting Case

While setting aside the conviction in a rioting case from 2016 where police authorities themselves were the complainants, the Madhya Pradesh High Court has iterated that when a prosecution case rests solely upon police witnesses, their testimonies will be subjected to strict scrutiny.The single-judge bench of Justice Prem Narayan Singh noted that omissions and contradictions that crop up in...

'Employees WhatsApp Groups Are Private, Forwarded Message Not Personal Opinion': MP High Court Quashes Suspension Of Govt Employee

Noting that messages sent in a private group of employees have nothing to do with the office work of the government, the Madhya Pradesh High Court has quashed a suspension order and chargesheet against an employee who allegedly forwarded an objectionable political message to the group.The single judge bench of Justice Vivek Rusia held that forwarding a message in the WhatsApp group does not...

'Tutored Daughter To Speak Against Her Own Father', MP High Court Holds Wife Depriving Husband Of Child's Affection Counts As Mental Cruelty

Madhya Pradesh High Court recently iterated in a matrimonial dispute that just like a child has the right to the love and affection of both parents, parents too have a right to receive the love and affection of their child. When the parent who has custody of the child does any act intending to deny such affection to the other parent, such alienation amounts to mental cruelty, the court...