Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156(3) CrPC to the designated special judge of Indore District Court.The single-judge bench of Justice Sanjay Dwivedi noted that since...

Centre Notifies Appointment Of Justice Duppala Venkata Ramana As A Permanent Judge Of Madhya Pradesh High Court

The Central government on Sunday notified the appointment of Justice Duppala Venkata Ramana as a permanent judge of the Madhya Pradesh High Court.A notification issued in this regard by the Ministry of Law and Justice reads thus:"In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint Shri Justice Duppala Venkata...

MP High Court Imposes Rs 2 Lakh Cost On Revenue Officer, RTI Activist For Harassing Senior Citizen With Bogus 'False Domicile' Complaint

Madhya Pradesh High Court has imposed Rs 2 lakhs cost on SDO (Revenue), Sendhwa and an RTI activist (complainant) to be paid jointly for harassing an elderly couple through proceedings beyond the scope of the law. According to the court, such harassment was done on the pretext that the petitioner, a retired college principal, issued a false domicile certificate in his wife's favour for...

When Prosecution Case Solely Rests On Police Witnesses, They Must Be Subject To Strict Scrutiny: MP HC Sets Aside Conviction In 2016 Rioting Case

While setting aside the conviction in a rioting case from 2016 where police authorities themselves were the complainants, the Madhya Pradesh High Court has iterated that when a prosecution case rests solely upon police witnesses, their testimonies will be subjected to strict scrutiny.The single-judge bench of Justice Prem Narayan Singh noted that omissions and contradictions that crop up in...

'Employees WhatsApp Groups Are Private, Forwarded Message Not Personal Opinion': MP High Court Quashes Suspension Of Govt Employee

Noting that messages sent in a private group of employees have nothing to do with the office work of the government, the Madhya Pradesh High Court has quashed a suspension order and chargesheet against an employee who allegedly forwarded an objectionable political message to the group.The single judge bench of Justice Vivek Rusia held that forwarding a message in the WhatsApp group does not...

'Tutored Daughter To Speak Against Her Own Father', MP High Court Holds Wife Depriving Husband Of Child's Affection Counts As Mental Cruelty

Madhya Pradesh High Court recently iterated in a matrimonial dispute that just like a child has the right to the love and affection of both parents, parents too have a right to receive the love and affection of their child. When the parent who has custody of the child does any act intending to deny such affection to the other parent, such alienation amounts to mental cruelty, the court...

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife

Madhya Pradesh High Court has imposed Rs 1 Lakh cost on a litigant wife for misusing the process of court by continuing prosecution against the husband and his family even after reaching a settlement and obtaining a decree of divorce by mutual consent.The single judge bench of Justice Subodh Abhyankar opined that the cost imposed would serve as a warning for 'unscrupulous litigants' wasting...

Suo Motu Case On MP Govt's Alleged Failure To Support POCSO Survivor's Education: High Court Seeks Response On Support Measures For Rape Victims

In a matter related to the plight of a POCSO victim who is struggling to make the state government bear her educational expenses, Madhya Pradesh High Court has allowed four weeks for the Advocate General to give further clarifications about the Scheme applicable to minor pregnant rape victims and the recourse available for rape victims over 18 years.The Division Bench comprising Chief...

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...