[Immoral Traffic Act] 'Grave Suspicion' Enough To Frame Charges, MP High Court On Customer Allegedly Financing 'Procurement' Of Girl For Prostitution

Madhya Pradesh High Court has recently iterated that grave suspicion about a person committing certain offences is sufficient for the trial court to frame charges. The High Court was considering a challenge against the trial court's order of framing charges under Sections 5 and 6 of the Immoral Traffic (Prevention) Act, 1956.Relying on M.E. Shivalingamurthy v. CBI, Bengaluru, (2020) 2 SCC 768...

[MP Civil Judge Exam] High Court Provisionally Permits PwD Candidates With Minimum Qualifying Marks To Appear For Mains Exam

In an important development pertaining to the MP Civil Judge Exam (Junior Division), Madhya Pradesh High Court has provisionally permitted physically handicapped candidates who obtained minimum qualifying marks in the preliminary exam to appear for the Mains Exam scheduled on 30.03.2023 & 31.03.2023.The Division Bench of Chief Justice Ravi Malimath and Vishal Mishra held that when seats...

MP High Court Dismisses Plea Seeking Action Against Comedian Kapil Sharma Over Controversial Depiction Of Court Scene

Stating that police have nothing to do with the type of allegations involved, Madhya Pradesh High Court has refused to interfere with the lower court orders that disallowed police investigation in a criminal complaint filed against comedian Kapil Sharma.In 2021, a lawyer named Suresh Dhakad preferred a complaint under Section 190-200 of Cr.P.C. against Kapil Sharma, the anchor of 'The...

Madhya Pradesh HC Refuses Relief To Husband Who Threatened Wife With Irrevocable Divorce Through Talaq-E-Ahsan, Illegally Pronounced Talaq-Ul-Biddat

Madhya Pradesh High Court recently refused to quash criminal proceedings pending against a husband and the witnesses who signed talaknama for granting Talaq-e-ahsan to a woman in contravention of Section 2(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019.The applicant-husband primarily submitted that Talaq-e-ahsan has no instantaneous effect and it becomes effective only...

[Swarnrekha River Revival] Survey Before Detailed Project Report For Laying Trunk Lines Will Be Completed Within One Month: MP High Court Told

In a public interest litigation filed for the revival of the Swarnrekha River in Gwalior, the company entrusted with the preparation of a Detailed Project Report (DPR) for laying trunk lines submitted before Madhya Pradesh High Court that it would complete the survey within one month. The company's representative also informed the Court that the project report can be finalised within one...

MP High Court Refuses To Quash Defamation Case Against Former BJP Minister Gauri Shankar Bisen For Calling Banker 'Thief'

Observing that specific allegations have been made out, Madhya Pradesh High Court dismissed a petition to quash the proceedings in a criminal defamation case pending against former BJP Minister Gauri Shankar Bisen.The single-judge bench of Justice Sanjay Dwivedi observed that the statements of witnesses mention the former Co-operative Minister addressing Sanjay Nagayach, former Chairman of...

[Nursing College Affiliation Scam] MP High Court Modifies Earlier Order, Allows Students Of 'Deficient', 'Unsuited' Colleges To Participate In Examinations

In a relief to thousands of students who had been admitted to colleges listed as 'deficient' and 'unsuited' in a CBI Enquiry report, the Madhya Pradesh High Court has allowed them to participate in the examination for previous academic sessions.The Division Bench of Justices Sanjay Dwivedi and Achal Kumar Paliwal noted in the order that the permission granted to take the exam even if the...

MACT Can't Withhold Compensation Even If Vehicle Owner Failed To Furnish Security; Didn't Meet Apex Court Guidelines: Madhya Pradesh High Court

The Madhya Pradesh High Court recently criticised a Motor Accidents Claims Tribunal at Tikamgarh for not disbursing the claim amount citing the non-furnishing of security by the owner of the offending vehicle.The single-judge bench of Justice Vivek Agarwal held that the law, as it stands, prevents the tribunal from withholding the award amount deposited by the insurance company even if there...

Ousting Woman From Matrimonial Home Over Dowry Is Mental Cruelty, Continuous Offence With Fresh Cause Of Action Each Day: MP High Court

Madhya Pradesh High Court has recently underscored that compelling a married woman to live in her parental home for less dowry would amount to mental cruelty.The single-judge bench of Justice Gurpal Singh Ahluwalia added that the same would constitute a continuous offence which gives the aggrieved woman a fresh cause of action every day from there on.“It is true that there may not be...

'Contrary To Constitutional Spirit', MP High Court Slams Businessmen Enjoying Police Security For 12 Yrs On Flimsy Grounds, Arrears Of Over 2.5Cr

In a recent decision, Madhya Pradesh High Court has deprecated the practice of availing police protection indefinitely on flimsy grounds without making payments, with the sole intention of "basking in the glory of position and power".The single judge bench of Justice Anand Pathak underlined that providing police security uninterruptedly when there is no source of threat against the applicants...

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...