Madhya Pradesh High Court
'Vision 2047': Madhya Pradesh HC Vows To Ensure No Case In State Remains Pending For Beyond A Year From Its Institution By 2047
On the auspicious occasion of the 75th Republic Day, the Madhya Pradesh High Court announced the launch of the 'Vision 2047', an initiative to celebrate 2047, the 100th year of Independence in a "contributory way" by ensuring that no case remains pending for beyond a year from its institution at Madhya Pradesh.Releasing a special note on this occasion, Chief Justice Ravi Malimath India sent out...
POCSO Act | Scholar Register Sufficient To Determine Victim's Age, Prosecution Testimonies Can't Be Disregarded For Trivial Contradictions: MP High Court
Recently, Madhya Pradesh High Court has underscored that a school admission register/ scholar register is a valid document that can be relied upon for determining the age of a survivor concerning a POCSO offence. On another note, the court also iterated that testimonies of prosecutrix and other witnesses can't be deemed unreliable unless there is any material contradiction that goes to the...
Order Of Arbitrator Rejecting Application U/S 16 Of The A&C Act Cannot Be Challenged In A Writ Petition: Madhya Pradesh High Court
The High Court of Madhya Pradesh held that an order of the arbitral tribunal rejecting a challenge to its jurisdiction under Section 16 of the A&C Act is not challengeable in a writ petition. The bench of Justice Sushrut Arvind Dharmadhikari held that a party aggrieved by the rejection of its application under Section 16 of the AC& Act has to wait till the passing of...
Allegation Of False Promise To Marry Not Established: MP High Court Sets Aside Rape Conviction Of Accused Acquainted With Prosecutrix On Matrimony Site
In a recent case, Madhya Pradesh High Court reversed a rape conviction on the ground that there was no cogent proof that the consent for sexual relations was obtained by giving a false promise of marriage. The court also observed that no plausible conclusion can be drawn that the sexual liaison occurred under the misconception of fact such as the promise of marriage.The single-judge bench...
Using 'Informal Methods' To Guide Erring Students Not Abetment: Madhya Pradesh HC Quashes FIR Against Teachers For Suicide Of Class XII Student
Madhya Pradesh High Court has recently held that a teacher reprimanding the student as a means of course correction cannot be brought under the ambit of abetment to commit suicide under Section 306 IPC. The court also noted that some informal social controls applied to guide the students in the right path will not constitute abetment or instigation as given in Section 107 of IPC.“Although...
Readiness To Transfer Possession Not Sufficient In Case Of Joint Family Property Where Executor Incompetent To Execute Agreement: MP High Court
The Madhya Pradesh High Court at Jabalpur last week laid down that mere assertion in an agreement that an amount had been obtained as consideration and that possession had been handed over would not be sufficient to prove the possession over a property, particularly in circumstances where the property is a joint family property."The law with respect to transfer of joint family property...
No Hindu Marriage Deemed Valid Until 'Saptapadi' Is Performed: Madhya Pradesh High Court
The Madhya Pradesh High Court has observed that in Hindu law, marriage is not a contract and unless and until Saptapadi is performed, there cannot be said to be a valid marriage.With this, a bench of Justice Gurpal Singh Ahluwalia dismissed a plea filed by 4 petitioners seeking to quash an FIR lodged against them for offences under Sections 366 (abducting or inducing woman to compel...
Contract Wages Cannot Be Reduced Arbitrarily On Delegation Of Work: Madhya Pradesh High Court
The Madhya Pradesh High Court has laid down that contract wages cannot be reduced in an arbitrary and illegal manner upon delegation of work in favour of a delegatee. Justice Vivek Agarwal passed the order while considering a batch of petitions by employees who had been initially engaged by the respondent-National Health Mission as part of their scheme on various subsidiary jobs. The Court...
Social Media Post Merely Casting Doubt On Conduct Of Free & Fair Assembly Elections Not An Offence U/S 505 IPC: Madhya Pradesh High Court
The Madhya Pradesh High Court at Gwalior has laid down that merely casting a doubt upon the conduct of free and fair Legislative Assembly elections via a social media post cannot attract the offence under Section 505(2) of IPC ('statements conducing to public mischief'). The petitioner in this case, a correspondent, had made a social media post raising doubt in relation to conduct of free...
MP High Court Issues Notice To Facebook, YouTube In Contempt Plea Over Objectionable Posts Against Acharya Dhirendra Shastri
The Madhya Pradesh High Court has issued show cause notices to YouTube and Facebook officials in a contempt petition filed against them alleging that the two internet companies failed to comply with the High Court's last month's order to remove objectionable posts against Hindu spiritual leader Acharya Dhirendra Krishna Shastri. A bench of Justice Raj Mohan Singh issued notices...
Consent Of Co-Plaintiffs Not Necessary For Withdrawal Of Suit By Plaintiff Whose Relief Is Severable From Others: MP High Court
The Madhya Pradesh High Court at Gwalior has laid down that if one of several plaintiffs having independent right to relief which is severable from the right claimed by the other plaintiffs, seeks to abandon his/her claim in the suit, the Court may grant such prayer in its discretion. Justice Milind Ramesh Phadke added that this is so if such abandonment of claim by the plaintiff does not...
S.243 CrPC Does Not Bar Investigating Officer To Appear As Witness For Accused In Cross-Case Where Accused Is Complainant: MP High Court
The Madhya Pradesh High Court Gwalior Bench recently allowed an application filed by an accused under Section 311 CrPC seeking appearance of the Investigating Officer as a witness in the cross-case registered by him.Section 311 of CrPC stipulates the power to summon material witnesses, and examine persons present. Justice Anand Pathak noted that Section 243 of Cr.P.C. ('evidence for...