Unless Genuineness Of Will Is Proved In Civil Court, Revenue Authorities Cannot Mutate Name Of Beneficiaries: MP High Court

Recently, Madhya Pradesh High Court, while disposing of a dispute connected to Madhya Pradesh Land Revenue Code (Transfer of Name in Land Records) Rules, 2018, has held that a will without any formal proof cannot be acted upon by revenue authorities to mutate the names of beneficiaries.The single-judge bench of Justice Gurpal Singh Ahluwalia pointed out that revenue authorities cannot decide...

Exercise Of Power U/S 319 CrPC Must Precede Order Of Acquittal In Case Of Joint Result Of Both Conviction & Acquittal: MP High Court

Madhya Pradesh High Court has recently observed that when the trial court could not find any cogent reasoning about the involvement of certain parties in an offence, such persons cannot be proceeded against under Section 319 CrPC [Power To Proceed Against Other Persons Appearing To Be Guilty Of Offence] merely based on suspicion.The single-judge bench of Justice Prem Narayan Singh also...

FIR Registered Sans Territorial Jurisdiction But Chargesheet Can't Be Quashed, Police Should Present It Before Appropriate Court: MP High Court

While quashing the ongoing criminal proceedings arising from a matrimonial dispute, Madhya Pradesh High Court has instructed the police to present the charge sheet in the appropriate court with territorial jurisdiction.The single-judge bench of Justice Subodh Abhyankar noted that though the complainant-wife lodged an FIR at Anjad Police Station in Barwani District, no cause of action has...

Proficiency In Academics Not An Excuse To Act Violently With A Female Student: MP High Court Affirms Suspension Order Of IIIT-DM Jabalpur Student

Madhya Pradesh High Court has recently made an observation that being academically good cannot be treated as an excuse when it is clear that the male student has dealt with a female student in a violent and undisciplined manner. The writ petition in the current instance was filed against the disciplinary action taken by the Indian Institute Of Information Technology, Design And...

MP High Court Orders Framing Of Contempt Charges Against An Advocate For Alleged Personal Remarks On Sitting HC Judge's Family

The Madya Pradesh High Court last week ordered the framing of criminal contempt charges against an Advocate who has been accused of making personal comments relating to family members of a sitting High Court Judge in open court.Refusing to accept the written apology tendered by the alleged contemnor, a bench of Justice Sheel Nagu observed that the alleged contemnor's repeated acts had damaged...

Tribal Children Forced To Swim Across Koteshwari River To Attend School, MP High Court Directs Speedy Construction Of Bridge On The River In Dhar

Acknowledging the plight of tribal children hailing from Dhar, Madhya Pradesh High Court has instructed the Zila Panchayat Authorities and Collector to take immediate steps for the construction of a culvert on Koteshwari River to increase accessibility to a nearby school.The Division Bench of Justices Vivek Rusia and Anil Verma allowed a public interest litigation filed by Rishab Gupta...

[Nursing College Affiliation Scam] MP High Court Forms Committee Headed By Retd. Judge After CBI Report Lists 74 Colleges With Curable Deficiencies

In a batch of writ petitions challenging the legality of granting recognition and affiliation to nursing colleges in Madhya Pradesh, the High Court has constituted a three-member committee headed by Retd. Justice Rajendra Kumar Shrivastava for supervising the progress of 74 colleges deficient with minimal curable deficiency.The Division Bench of Justices Sanjay Dwivedi and Achal Kumar...

Adverse Possession 'In Continuity' Against Defendants Not Proved, MP High Court Dismisses Second Appeal From Suit For Declaration Of Title

Madhya Pradesh High Court has recently refused to grant a declaration of title based on adverse possession over the suit land on the ground that the appellant/plaintiff was unable to prove such possession was 'adequate in continuity' with the knowledge of the defendants.The single-judge bench of Justice Hirdesh observed that a person who intends to claim that his title has been perfected...

[S.397 CrPC] Not Mandatory For Accused To Surrender Or Remain In Jail To File Revision Application: MP High Court

The Madhya Pradesh High Court has iterated that the surrendering of an accused is not necessary before preferring a criminal revision application under Section 397 CrPC.The single-judge bench of Justice Vishal Dhagat underscored that there is no bar under Section 397 CrPC for entertaining a revision application even though the applicant is not in confinement. After scrutinising Section 397...

POCSO Act | Taking Child To A Closed Room, Rubbing Her Thigh With Hands Shows 'Sexual Intent' Of Accused: MP High Court

The Madhya Pradesh High Court has recently observed that the act of taking a 6-year-old child into a closed room, placing her on one's lap, and rubbing her thigh is indicative of the sexual intention of the accused, thereby constituting an offence under the POCSO Act. Justice Prem Narayan Singh, presiding over the bench, emphasized that what constitutes 'outraging of female modesty'...

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings

Noting that the 'doctrine of finality' in judgments has great sanctity, Madhya Pradesh High Court held a second review petition before it arising out of a writ matter to be non-maintainable.The Division Bench comprising Chief Justice Ravi Malimath and Justice Vinay Shukla acknowledged the dangers of allowing parties to reopen concluded judgments by filing repeated interlocutory...

[S.19 Prevention Of Corruption Act] CVC Can Use Supervisory Powers To Ensure Sanctioning Authority Doesn't Refuse Permission To Prosecute Accused: MP High Court

Madhya Pradesh High Court has held that the Central Vigilance Commission (CVC) must ensure that the sanctioning authority won't let the guilty walk away scot-free by wrongfully refusing permission for prosecution.The Division Bench comprising Justices Sheel Nagu and Vijay Saraf, also clarified that a refusal for prosecution by sanctioning authority based on a separate inquiry conducted...