[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...

High Court Takes Suo Motu Cognizance of Madhya Pradesh Government's Failure To Support POCSO Survivor's Education

On Friday, the Indore branch of the Madhya Pradesh High Court, taking note of a Times of India news report highlighting the plight of a POCSO survivor facing harassment in her educational journey despite assurances from the State, took suo moto cognizance of the situation and instructed the Government Advocate to bring it to the attention of the Chief Secretary, Government of Madhya...

Can't Allow Fraudsters To Take Advantage Of Reservations For Differently Abled Candidates: Madhya Pradesh High Court Proposes 3-Tier Scrutiny For PwD Category

The Madhya Pradesh High Court has proposed constituting a three-tier scrutiny system for issuing disability certificates to candidates seeking public employment.A single-judge bench of Justice Vivek Agarwal was hearing a plea filed by the National Federation Of The Blind (MP) against the dismissive attitude of the state government in appointing visually impaired persons as per...

MP High Court Acquits Father Sentenced To Life Imprisonment For Daughter's Rape, Says He Was Roped In For Disapproving Of Her Conduct

In a rape case involving a father-daughter duo, Madhya Pradesh High Court has set aside the conviction of father by holding that the prosecution was unable to establish even the 'foundational facts' against him.The court also felt that it could place sufficient credence in the version of the appellant/accused that he was roped in for 'raising eye-brows about the conduct of the daughter' who...

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court

Madhya Pradesh High Court has recently held that when government employees who have direct/indirect influence in the selection process or members of local bodies are related within the prohibited degrees to an Anganwadi Karyakarta candidate, then that candidate will be held ineligible.It is pertinent to note here that the prohibited degrees of relationship are given in the Office...

Wife Entitled To Maintenance When Promises Made By Husband In Agreement To Live Separately Not Complied With: MP High Court

Madhya Pradesh High Court has recently held that when the husband has taken a step back from the promises made in the agreement to live separately, then it can't be said that the wife is living separately by mutual consent.The single-judge bench of Justice Vishal Dhagat also clarified that the wife will be entitled to maintenance in such instances.“... Petitioner No.1 agreed to live...

This Is A Holy Land With Belief That Divinity Blossoms Where Women Are Honoured: MP High Court Refuses To Quash Rape Case Based On Compromise

The Madhya Pradesh High Court has declined to accept a compromise filed by the prosecutrix for compounding the case against a rape accused. Though the prosecutrix had filed the compromise with the intent not to prosecute the FIR against the accused, the bench sitting at Indore made strong observations that no one can ravish a woman and then get acquitted based on a compromise.The single...

Arbitration & Conciliation Act Provisions Can Be Invoked In Addition To Remedies Available Under SARFAESI Act: MP High Court

The Madhya Pradesh High Court at Jabalpur recently laid down that the provisions of the Arbitration and Conciliation Act, 1996 ('AC Act, 1996') can be invoked by a financial institution in addition to the remedies available under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act') for settlement of disputes in relation...

Order VII Rule 11 CPC | Mandatory Injunction Not 'Consequential' To Relief Of Declaration: MP High Court Asks Plaintiff To Pay Separate Court Fee

Last week, Madhya Pradesh High Court directed a plaintiff to pay the ad-valorem court fees in a suit for declaration and mandatory injunction since the court found that the injunction sought for was not consequential to the prayer of declaration made. Hence, in the appeal preferred by the plaintiff against the stand taken by the trial court in an Order VII Rule 11 application preferred by...

MP High Court Reproduces Bail Conditions In Hindi For Convenience Of Accused & Surety In Abetment Of Suicide Case

Recently, Madhya Pradesh High Court, in a rare instance, added the Hindi translations of bail conditions in the original order itself for compliance. While allowing the accused to be released on bail, High Court reproduced all five bail conditions in Hindi for the convenience of the accused and surety.“….it is directed that applicant Damodar Yadav shall be released on bail… upon...