Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16(3) of the Arbitration and Conciliation Act, 1996 by the Petitioner. The...

'Poverty Not An Offence', Judgment Debtor With No Source To Pay Can't Be Sent To Prison Merely Citing Money Decree Against Him: MP High Court

Recently, Madhya Pradesh High Court iterated that a judgment debtor cannot be sent to civil prison merely based on the money decree against him if he is devoid of any property/source of pay.The single-judge bench of Justice Dwarka Dhish Bansal also held that the inability to pay decretal amount due to poverty is not an offence. “In view of the aforesaid decision of Hon'ble Supreme Court it...

Custody Battle In Canadian Court | Husband's Father, Lawyer Serving Contempt Notice At Wife's House Not Criminal Trespass: MP High Court

Madhya Pradesh High Court has quashed proceedings arising from the charge of criminal trespass against a father-in-law who served the contempt notice issued by a Canadian Court directly at the house of his daughter-in-law. At the time of serving the said notice issued in pursuance of the custody battle for the child, which is being fought between the petitioner's son and daughter-in-law,...

[S. 152 CPC] Plaintiff May Be Allowed To Correct 'Khasra' Number When There's No Dispute About Identity Of Land: Madhya Pradesh High Court

In a recent decision, the Madhya Pradesh High Court has held that when there is no dispute about the identity of the land, correction of the Khasra Number (unique identification number assigned to parcels of land) can be effected in the plaint, judgment, and decrees accordingly.A single-judge bench of Justice Hirdesh allowed the S.152 CPC application preferred by the plaintiffs/applicants before...

LIC Staff Regulations | Expression 'Lower' Than Existing Pay Scale Wide Enough To Punish Employee To Minimum/Lowest Scale: MP High Court

Madhya Pradesh High Court has recently clarified that the expression 'lower' grade/post in Clause 39(1)(d) of LIC (Staff Regulations, 1960) also encompasses punishment to the 'lowest'/'minimum' grade or post.The division bench comprising Justices Sujoy Paul and Vivek Jain also held that the regulation makers did not intend to give a restrictive meaning to this enabling provision. “…had...

Fashionable Now To Demolish Houses Without Due Process & Publish In Newspapers; Demolition Should Be Last Recourse : MP High Court

The Madhya Pradesh High Court has awarded a compensation of Rs 1 lakh to a petitioner whose houses were illegally demolished by the Ujjain Municipal Corporation without following due procedure.While granting the compensation, the Court also directed the Commissioner of Ujjain Municipal Corporation (UMC) to take disciplinary action against officials involved in fabricating a...

Madhya Pradesh High Court Permits Liver Transplant Despite Objection By Donor's Wife

In a pertinent decision, Madhya Pradesh High Court has upheld a man's right to donate a part of his liver tissue to his ailing brother, despite the strong objections recorded by the donor's wife prior to authorisation.The single-judge bench of Justice Raj Mohan Singh held that the donor is a 'master of his own choice' and he cannot be subjected to any intrusive action, even by his wife. ...

Ragging | MP High Court Allows Compounding Of Offences, Directs Erring Student To Do 7 Days' Community Service In University Library

After a senior student expressed his regret for his alleged act of ragging a junior at Jiwaji University (Gwalior), Madhya Pradesh High Court allowed compounding the offence between the accused and the victim, pursuant to both parties expressing their intent to settle.The single-judge bench of Justice Anand Pathak also instructed the delinquent student to perform 7 days of community service...

'General Tendency To Implicate Family Of Main Accused To Settle Personal Scores': MP High Court Quashes Criminal Case Against Parents Of Rape Accused

Madhya Pradesh High Court has recently expressed its discontent regarding the general tendency wherein a victim of a crime tries to implicate all family members of the main accused to settle personal scores. The single-judge bench of Justice Subodh Abhyankar opined that the court must look into the matter from the perspective of a reasonable man, though it is well aware of the fact that...

[Management Of Trust] Public Trusts Act Doesn't Mandate Framing Of Issues By District Court, Legislative Intent To Provide Speedy Remedy: MP High Court

In discussing Section 26 of the Madhya Pradesh Public Trusts Act, 1951, the MP High Court has held that framing of issues is not a mandatory procedure before passing final orders in cases of management of trusts.The single-judge bench of Justice Vivek Jain said that the scheme of Sections 26-31 in the 1951 Act did not contemplate framing of issues, either expressly or by...

MP Board's Regulation Mandating Students To Opt Same 'Main Subject' In Classes XI And XII Has No Retrospective Application: High Court

While allowing a student to appear for examinations in the Biology stream of Class XII instead of Mathematics, Madhya Pradesh has held that MP Board of Secondary Education's Circular mandating the opting of the same stream as Class XI in Class XII has no retrospective application.The court clarified that the new guidelines for the examination were issued on 28.06.2023 whereas the...

S.498A IPC | MP High Court Quashes Proceedings Against Husband's Relatives Upon Noting Allegations Lacked Specificity Such As Date & Time Of Dowry Demand

Citing the lack of 'specific' allegations in the F.I.R. as well as the statements recorded under Section 161 Cr.P.C, Madhya Pradesh High Court quashed a case registered against the close relatives of the complainant's husband for the offence under Section 498-A IPC.The single judge bench of Justice Maninder S. Bhatti pointed out that the petitioners, i.e., mother-in-law, sister-in-law...