Cannot Withdraw Resignation Once It Is Accepted: Madhya Pradesh High Court Refuses Relief To Police Constable Who Resigned In 1994

The Madhya Pradesh High Court, Jabalpur Bench, has emphatically laid down that once the application for resignation of an employee has been accepted, there cannot be any withdrawal of the same. "...once the resignation was accepted, there cannot be any withdrawal as the bilateral relationship of Master and Servant has seized to exist," Justice Vivek Agarwal declared recently, while...

Supreme Court Collegium Recommends Appointments Of A Judicial Officer & 2 Advocates As Madhya Pradesh High Court Judges

The Supreme Court Collegium has recommended the name of Ramkumar Choubey, Judicial Officer, for appointment as Judge of the Madhya Pradesh High Court .The collegium also recommended the names of S/Shri (i) Deepak Khot and (ii) Pavan Kumar Dwivedi@ Pavan Dwivedi, Advocates, for appointment as Judges of the Madhya Pradesh High Court.The collegium comprising Chief Justice DY Chandrachud,...

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court

The Madhya Pradesh High Court (Jabalpur Bench) has observed that once an individual accepts a compassionate appointment, he/she is precluded from seeking or claiming a higher position.Referring to the Supreme Court's Judgment in the case of Rajasthan vs. Umrao Singh (1994), a bench of Justice Vivek Agarwal observed that once a compassionate appointment was given and accepted, the right to...

Substituting Amendment Doesn't Obliterate Unamended Provision For Prior Offences, Can't Create Vacuum In Law At Any Point: MP High Court

The Madhya Pradesh High Court has laid down that substituting a provision with an amended provision cannot lead to a vacuum in law, even if the amendment is to take effect at a later point.The Bench of Justice Sheel Nagu and Justice Hirdesh, while dealing with an offence under Section 13(1)(d) of the Prevention of Corruption Act, 1988 ('criminal misconduct by public servant'), said that...

[Criminal Law Amendment Ordinance 1994] Owner Entitled To Seek Custody Of Property Subjected To Interim Attachment On Furnishing Security: MP High Court

The Madhya Pradesh High Court has clarified that the Criminal Law (Amendment) Ordinance, 1944 ('1994 Ordinance') confers right upon person whose property is subjected to ad interim attachment to file an application under Section 8 for release of property, subject to furnishing security to the satisfaction of District Judge.Section 8 of the 1994 Ordinance states, "Any person whose property...

'Debauched Acts Destroyed Sanctity Of Father-Daughter Relation': MP High Court Denies Bail To Man Accused Of Raping 12 Y/O Daughter

The Madhya Pradesh High Court (Indore Bench) recently denied bail to a man accused of raping his 12-year-old daughter."Trust and faith that a young girl would repose in her father and the sanctity of the very relationships were destroyed by debauched and devastating acts. It is a very unfortunate that in the instant case prosecutrix is a minor and innocent girl of 12 years of age and she...

GI Act, 1999 | Registered Proprietor Can Sue For Infringement Of GI Independently From Authorised User: Madhya Pradesh High Court

The Madhya Pradesh High Court in a recent decision clarified that to file a suit for infringement under Section 21(1) of the GI Act, the Registered Proprietor (RP) need not implead the Authorised User (AU) as a necessary party.The bench comprising Justices Sushrut Arvind Dharmadhikari and Hirdesh, on December 18 held that the existence of AU does not exclude the RP of its independent rights...

'Judge Has To Sublimely Feel Pulse Of Case': MP High Court Quashes FIR Against Rape Accused Who Married Minor Girl, Had Children

The Madhya Pradesh High Court (Gwalior Bench) last week quashed an FIR lodged against an individual who was accused of raping a minor girl after the alleged victim, appeared in court stating that she had willingly eloped and now both are married and they have three children out of their wedlock. "It is regular and easy to be retributive but at the same time, a Judge has to sublimely...

Madhya Pradesh High Court Launches Integrated Video Surveillance System (IVSS) &Courtroom Live Audio-Visual Streaming System (CLASS)

Today, (21st December 2023), the ambitious project of High Court of Madhya Pradesh, the MPHC IVSS and CLASS Project, has been inaugurated by Justice Ravi Malimath, Chief Justice, High Court of Madhya Pradesh, in the august presence of Hon'ble Judges of the High Court and Officers of the High Court & District Court, Jabalpur. For the very first time in India, a High Court is setting up...

Madhya Pradesh High Court Asks State Govt To Take Measures To Publicise POCSO Act Provisions As Per Mandate Of S. 43

Recently, while allowing a second bail application filed by an accused in a POCSO case, Madhya Pradesh High Court directed the Government Advocate to bring Section 43 of the POCSO Act, 2012 to the notice of the state government for compliance.The single-judge bench of Justice Vishal Dhagat gave the above direction after the counsel for the accused/applicant drew the court's attention to...

No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation

Noting that the appellants who sought anticipatory bail had been given notice under Section 41-A CrPC, the Madhya Pradesh High Court observed that there was no necessity to grant the relief of anticipatory bail.The single-judge bench of Justice Vishal Dhagat noted that the accused have already received Section 41-A CrPC notice from the investigating officer and a direction to cooperate in...

Madhya Pradesh High Court Allows Recovery Of Excess Pension Paid To Retd Teacher, Says Not Notifying Bank Of Excess Amount Was Breach Of Trust

Recently, the Madhya Pradesh High Court allowed the State Bank of India, the disbursing authority, to recover excess payment of pension made to a retired teacher, based on the voluntary undertaking given by the teacher herself and her inherent obligation not to commit a breach of trust.The single-judge bench of Justice Gurpal Singh Ahluwalia noted that the retired teacher, who is also a widow,...