Arbitration Under Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 Cannot Be Invoked Without Availing Pre-Arbitral Remedy Within Limitation: Madhya Pradesh High Court

The High Court of Madhya Pradesh, at Jabalpur, has held that the Arbitration under Section 7 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 cannot be invoked without first invoking the pre-arbitral in-house remedy provided under the agreement within the period of 30 days given under the Agreement. The bench of Justices Sheel Nagu and Vinay Saraf held that the...

Giving False Information About Educational Qualifications For Marriage Not Cheating; No Grounds For Divorce: Madhya Pradesh High Court

The Madhya Pradesh High Court, while dealing with proceedings arising out of a matrimonial dispute, held that concealing the true educational qualification and lying about it for the purpose of marriage does not constitute the offence of deceiving or cheating as contemplated in Sections 415 and 420 of IPC. The court also highlighted that none of the provisions of the Hindu Marriage Act...

Wife Leading A Modern Life That's Immoral In Eyes Of Husband Not Sufficient Ground To Deny Maintenance: Madhya Pradesh High Court

Recently, Madhya Pradesh High Court underscored that the wife leading a modern life that's immoral in her husband's eyes can not be a ground for denying maintenance when it's not shown that she has been living separately from her husband without sufficient cause. The single-judge bench of Justice Gurpal Singh Ahluwalia opined that as long as the wife is not committing any offense...

Husband Objecting To Wife Supporting Her Parents Financially Amounts To Cruelty: Madhya Pradesh High Court

The Madhya Pradesh High Court has observed that if the husband objects to his wife's act of financially supporting her parents, the same would amount to cruelty. A bench of Justice Rohit Arya and Justice Sanjeev S Kalgaonkar also added that making complaints to the employers of the wife as to how they had kept her at a job without his (husband's) permission, constitutes treating the...

Writ Not Maintainable When Efficacious Remedy Before The Arbitrator Is Available: Madhya Pradesh High Court

The High Court of Madhya Pradesh, Jabalpur bench has held that a writ would not be entertained when the petitioners fail to avail the efficacious contractual remedy before the Arbitrator. The bench of Justice Gurpal Singh Ahluwalia held that merely because the nominated arbitrator is the managing director of the respondent corporation, it cannot be assumed that it would not be able...

Denying Food To Married Woman Over Non-Fulfillment Of Dowry Demand Amounts To Physical & Mental Harassment: MP High Court

The Madhya Pradesh High Court has recently observed that not providing food to the married woman on account of non-fulfilment of the demand of dowry would amount to physical and mental harassment.A bench of Justice Gurpal Singh Ahluwalia added that compelling a married woman to live in her parental home on account of non fulfillment of demand of dowry would certainly amount to mental...

Woman Living As Wife For Long Time Entitled To Maintenance From Husband In Absence Of Proof That She Is Not 'Legally Wedded': MP High Court

Madhya Pradesh High Court has recently clarified that a woman will be entitled to maintenance when the parties are living as husband and wife for a long time, given that there is no specific finding that she is not the legally wedded wife.In the instant case, the single judge bench of Justice Gurpal Singh Ahluwalia concluded that the trial court was right in awarding maintenance to the...

Writ Petition Cannot Be Entertained To Challenge An Arbitral Award, Statutory Remedy Under Section 34 Of The A&C Act Must Be Availed: Madhya Pradesh High Court

The High Court of Madhya Pradesh has held that a writ petition filed to challenge an arbitral award is not maintainable in view of the efficacious alternative statutory remedy available under Section 34 of the A&C Act. The bench of Justices Sushrut Arvind Dharmadhikari and Gajendra Singh held that a writ petition should be dismissed in limine when there is a...

MP High Court Stays Bailable Warrants Issued By MP/MLA Court Against Former CM Shivraj Singh Chouhan & State's BJP President

In a relief to the state's ruling party which is confronted by the upcoming General Elections, the Madhya Pradesh High Court has stayed a special court's order issuing bailable warrants against Former CM Shivraj Singh Chouhan and BJP State President Vishnu Datt Sharma for not furnishing personal undertakings in a criminal defamation case.The single judge bench of Justice Sanjay Dwivedi...

MP High Court Denies Party's Plea To Participate In Ongoing ASI Survey Of Bhojshala Temple-Kamal Maula Mosque Complex

On Thursday, the Madhya Pradesh High Court dismissed an interim application filed by one of the petitioners to be physically present during the scientific investigation conducted by the Archaeological Survey of India at the Bhojshala Temple-Kamal Maula Mosque Complex in Dhar District.“Admittedly, in the present petition, the petitioner has not prayed for a direction to the respondent...

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect

Madhya Pradesh High Court has iterated that the defect of mentioning incorrect dates of cheque in the complaint cannot be cured since there is no provision in the CrPC to amend the criminal complaint.The single-judge bench of Justice Pranay Verma observed that the defect in the dates of the cheque is a 'substantial infirmity', especially when summons have already been issued to the accused and...

Counsel Owe Duty To Argue Responsibly & Not For The Gallery, Can't Treat Court As Playground: MP High Court Imposes ₹1.5 Lakhs Cost

Imposing an exemplary cost of Rs 1.5 lakh on all parties in a Section 482 Cr. P.C Petition, the Madhya Pradesh High Court highlighted that advocates appearing for the parties owed a duty to the court to 'argue responsibly'.The single-judge bench of Justice Subodh Abhyankar reprimanded the counsel for the petitioner and objectors for arguing the entire disputed facts in a plea for quashing...