Mere Consumption Of Liquor At Flat Party Not An Offence: Madhya Pradesh High Court

While quashing an FIR registered against ten youngsters for partying over loud music and causing a nuisance to the residents, Madhya Pradesh High Court observed that parties hosted by youngsters in their private residences are a common occurrence and no restrictions can be imposed in such instances.“…Nowadays it is very common that youngsters organize get together and parties in a place...

Rejection Of Wife's Maintenance Claim U/S 125 CrPC Doesn't Bar Her From Seeking Maintenance Under Domestic Violence Act: MP High Court

Madhya Pradesh High Court has recently laid down in unequivocal terms that the findings of a family court made in a maintenance application under Section 125 CrPC would have no binding effect on a court considering a case under the Prevention of Women From Domestic Violence Act, 2005. Additionally, the single-judge bench of Justice Prem Narayan Singh also reiterated that the...

Centre Notifies Appointments Of 7 New Judges Of Madhya Pradesh High Court

The Central Government has notified the appointment of seven new judges of the Madhya Pradesh High Court.They are :1. Vinay Saraf, Advocate2. Vivek Jain, Advocate3. Rajendra Kumar Vani, Judicial Officer4. Pramod Kumar Agrawal, Judicial Officer Binod Kumar Dwivedi, Judicial Officer6. Devnarayan Mishra, Judicial Officer7. Gajendra Singh, Judicial Officer.In exercise of the power conferred by...

Woman Seeks Company Of Jailed Husband To Beget A Child, Madhya Pradesh HC Directs Her Medical Test To Assess If She Can Conceive

The Madhya Pradesh High Court recently directed the medical examination of a woman, who sought the company of her jailed husband for 15-20 days to beget a child, to ascertain if she is medically fit to conceive.A bench of Justice Vivek Agarwal passed this order after the counsel appearing for the state government, opposing the woman's writ plea, claimed that she had passed the age of...

'Sheer Misuse': Madhya Pradesh High Court Quashes Criminal Case Filed By Wife Against Husband After 7 Years From Date Of Alleged Occurrence

While quashing a criminal case filed by the wife against the husband nearly seven years after the alleged crime of cheating and forgery occurred, the Madhya Pradesh High Court has recently taken the firm stand that no litigant can be allowed to misuse the process of courtThe single-judge bench of Justice Subodh Abhayankar also observed that it was hardly imaginable that the wife, who was a...

Madhya Pradesh High Court Issues Notice To NBEMS After NEET PG Aspirant's Admission Revoked Citing ‘Error In Vacancy Chart’

Madhya Pradesh High Court has issued notice to respondent authorities including the National Board of Examination in Medical Sciences (NBEMS) in a writ petition filed against cancellation of seat allotment of a NEET PG aspirant on the ground that ‘admission was done on excess seat’.The Division Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra has issued notice to...

Allegedly Sensitive WhatsApp Text About Religious Festival Not An Offence U/S 153-A & 505 IPC Unless Two Religious Groups Involved: MP High Court

Madhya Pradesh High Court has made it clear that a religiously sensitive WhatsApp message sent by a person of a particular religion/community to a person of same religion/community will not attract Sections 153A and 505(5) IPC. It said involvement of two distinct religious groups or communities is necessary to attract the offence.The single-judge bench of Justice Vivek Rusia was considering...

Man Capable Of Earning Is Liable To Maintain Wife & Children Even If He Has Left His Job: Madhya Pradesh High Court

The Madhya Pradesh High Court has observed that it is well settled that if the husband is capable of earning, he would be liable for maintenance for his wife and children, even if he has left the job.A bench of Justice Prem Narayan Singh also held that even if a wife has an M.Phil degree, she cannot be declined maintenance. Our readers may note that this observation is in line with the...

Disclosure Statement Of Co-Accused U/S 27 Evidence Act Alone Not Sufficient To Implicate Another Individual In A Crime: Madhya Pradesh High Court

Madhya Pradesh High Court has reiterated that an individual cannot be indicted in an FIR and final charge sheet when the prosecution has no concrete evidence connecting him to the crime except the disclosure statements from the purported co-accused, prepared under Section 27 of the Evidence Act.The single-judge bench of Justice Pranay Verma quashed the FIR and consequent proceedings for...

‘Hyper-Technical’ View Regarding Compromise In Matrimonial Disputes Counter-Productive: MP High Court Quashes Criminal Case Against Husband

Madhya Pradesh High Court has recently quashed a criminal case pending against a husband by following the reasoning that a compromise has already been reached between the concerned spouses, and that the court can avail its power under Section 482 CrPC to quash criminal proceedings based on the compromise arrived upon by both parties.“If compromise between husband and wife is effectuated by...

Madhya Pradesh High Court Directs Indore Municipal Corporation To Pay Rs 1 Lakh For Illegally Terminating Charge Clerk

Madhya Pradesh High Court has recently imposed a cost of Rs One Lakh on Indore Municipal Corporation for falsely foisting the blame on a Charge Clerk for not preparing the chargesheet against a beldar who was in possession of properties allegedly disproportionate to his known source of income.The single-judge bench of Justice Vivek Rusia also noticed that the disciplinary action taken against...

S.82 CrPC| Proclamation Order Should Afford 30 Days For A Person Absconding To Appear Before The Court: Madhya Pradesh HC

Underscoring that there can be no confusion regarding the language of Section 82(1) CrPC, Madhya Pradesh High Court has set aside a proclamation order issued by a Magistrate that only granted less than twenty days before the absconding parties should mandatorily appear before it.The single-judge bench of Justice Dinesh Kumar Paliwal also added that the order passed by the Magistrate has...