High-Level Caste Scrutiny Committee Has Jurisdiction Only When ‘Correctness’ of Caste Certificate Is at Issue, Not When the Certificate Itself Is ‘Forged’: MP HC

The Jabalpur Bench of Madhya Pradesh High Court has recently iterated the clear distinction that exists between ‘forged’ documents and documents that can be regarded as ‘doubtful or false’. While adjudicating a plea raised by one of the candidates seeking a direction to appoint him to the post of ‘Patwari’, the Single Judge Bench of Justice Gurpal Singh Ahluwalia refused to set...

Election Petition Decided Without Framing Issues Violates Principles Of Natural Justice: Madhya Pradesh High Court

In a recent ruling, the Madhya Pradesh High Court emphasized the critical requirement of framing issues as per Order 14 Rule 1of the Civil Procedure Code (CPC) for the adjudication of election petitions related to Panchayat matters.Justice Subodh Abhyankar observed,“...on perusal of the impugned order it is apparent that the issues have not been framed. In such circumstances, it cannot be...

Offence U/S 294 IPC Not Attracted In Absence Of Allegations Of Annoyance, Usage Of Obscene Words: Madhya Pradesh High Court

The Madhya Pradesh High Court last week held that the absence of allegations of annoyance and alleged stated words to be obscene words cannot attract the charge under Section 294 of IPC. The bench of Justice Dinesh Kumar Paliwal added that when it is not clear in the prosecution’s case as to what obscene words were stated by the accused, then merely saying that the accused had...

Create WhatsApp Groups For Summoning Witnesses In Criminal Trials But Ensure Privacy: Madhya Pradesh High Court Suggests To Police

In a notable development, the Madhya Pradesh High Court has instructed the Director General of Police (DGP) and the Director of Prosecution to seriously consider the creation of WhatsApp groups for each criminal case for summoning witnesses.Justice Anand Pathak observed, “It is earnestly believed by this Court that Director General of Police and Director, Prosecution shall seriously take...

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'

The Madhya Pradesh High Court on Wednesday issued a circular for all the Sessions and criminal courts in the state directing them to strictly follow the guidelines issued by the Supreme Court in the 2014 Arnesh Kumar Judgment on arrests. The circular has been issued in pursuance of directions of the Supreme Court of India, in the case of Md. Asfak Alam vs. The State of Jharkhand...

Husband-Wife Sexual Relations Not Restricted To Procreation, Can't Define Any Act Beyond 'Natural' Sex B/w Them As ‘Unnatural’: MP High Court

Holding that a husband cannot be prosecuted under Section 377 IPC (Unnatural Offence) in view of Section 375 IPC (Rape) which exempts marital sex and also covers all possible penile penetration, the Madhya Pradesh High Court has observed that if anything is done between them apart from the deemed natural sexual intercourse, the same cannot be defined as ‘unnatural’. The bench...

Can't Prosecute A Husband U/S 377 IPC As S. 375 IPC Exempting Marital Sex Covers All Possible Penile Penetration: MP High Court

In a significant observation liable to add to the ongoing debate regarding the criminalisation of marital rape, the Madhya PradeshHigh Court has observed that after the 2013 amendment to the definition of Section 375 IPC (Rape), there is no place for any unnatural offence (as per Section 377 IPC) to take place between a husband and wife. The Court made this observation while quashing an...

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court

The Madhya Pradesh High Court recently invalidated a transfer order and a relieving order issued to an individual holding the position of Superintendent Engineer within the M.P. Paschim Kshetra Vidyut Vitran Company Limited in Indore - characterizing them as punitive and malicious.The division bench of Justices S. A. Dharmadhikari and Hirdesh observed, “Admittedly, there is approval of...

POCSO Act | Putting Hand On Victim's Shoulder, Pulling Her Clothes Signifies Sexual Instinct Of Accused: Madhya Pradesh High Court

The Madhya Pradesh High Court has observed that the act of the accused of pulling the clothes of the prosecutrix and putting his hand on her shoulder signifies his sexual instinct.The bench of Justice Prem Narayan Singh observed this while upholding the conviction of the appellant-accused (Nageshwar) under Section 354 of IPC and Section 7/8 of the POCSO Act.The Prosecution case was that when...

'Don't Compel Students To Wear Hijab; Allow Them To Put Tilak/Kalawa, No Islamic Education': MP HC's Bail Condition For Damoh School's Principal

The Madhya Pradesh High Court last week granted conditional bail to a female principal and two other accused arrested in connection with the Damoh's Ganga Jamna School Hijab Row. The Court has directed the accused to not force non-Hindu girls to wear hijab. The bench of Justice Dinesh Kumar Paliwal has also directed them to not stop students of other religions from wearing the essentials of...

Nowadays 'Package Of 5 Cases' Launched Against Husband And His Family: Madhya Pradesh High Court Voices Concern Over Misuse Of S.498A IPC

The Madhya Pradesh High Court while taking a noteworthy stance on the misuse of Section 498-A of the Indian Penal Code (IPC) observed that this section is increasingly being misused to settle matrimonial disputes, often resulting in the registration of a "package of five cases" against the husband and his family members.Justice Vivek Rusia observed, “Nowadays the very purpose of the...

Madhya Pradesh High Court Imposes Cost On Counsel For Negligence In Handling Writ Petition

The Madhya Pradesh High Court has taken a stern stance against careless handling of legal matters, as it directed a counsel to bear the cost of Rs. 10,000/- from his personal funds for negligence in handling a writ petition filed by him.This decision comes in the wake of the court's dissatisfaction with the handling of a Writ Petition, filed back in 2003 by then Assistant Commissioner of...