S.82 CrPC| Proclamation Order Should Afford 30 Days For A Person Absconding To Appear Before The Court: Madhya Pradesh HC

Underscoring that there can be no confusion regarding the language of Section 82(1) CrPC, Madhya Pradesh High Court has set aside a proclamation order issued by a Magistrate that only granted less than twenty days before the absconding parties should mandatorily appear before it.The single-judge bench of Justice Dinesh Kumar Paliwal also added that the order passed by the Magistrate has...

ADM To Pay Rs.10K Fine After MP High Court Passes Strictures For Her Failure To Assist Secured Creditor U/S 14 SARFAESI Act

While reiterating the well-settled proposition that a District Magistrate wielding powers under Section 14 of the SARFAESI Act cannot decide the rights of the parties, Madhya Pradesh High Court has imposed a cost of Rs 10,000/- to be paid by the Additional District Magistrate, Indore who acted as ‘Functus Officio’, in contravention to the ‘executory and ministerial’ nature of the...

‘Trying To Impede Administration Of Law’: MP High Court Slaps Rs. 4 Lakhs Fine On Lawyer For 'Reckless' Allegations Against Judges

In suo motu criminal contempt proceedings initiated by the former Chief Justice, the Madhya Pradesh High Court has imposed a hefty sum of Rs 4 lakhs as fine on an advocate who made ‘scandalous’ remarks against the judges at the Indore Bench.While holding the 41-year-old lawyer guilty of contempt under Section 2(c) of the Contempt of Courts Act, 1971, the Division Bench also...

Court Trying The Offence Best Suited To Alter Or Modify Charges Already Framed At An Appropriate Stage: Madhya Pradesh High Court

Observing that the trial court is best placed to alter or modify charges at an appropriate stage, Madhya Pradesh High Court refused to interfere in the trial court’s order that framed charges against an accused under Section 304 of IPC instead of Section 304-A IPC. The charges were framed by the Additional Sessions Judge for causing the death of two individuals by alleged speedy, rash...

No Enabling Provision Under POSH Act To Prefer An Appeal To A Departmental Authority: Madhya Pradesh High Court

Madhya Pradesh High Court has recently underscored that once a report has been prepared by the Internal Complaints Committee constituted under the Prevention of Sexual Harassment At Work Place Act, 2013 (POSH Act), no further appeal lies to a Departmental Authority. The single judge bench of Justice Sujoy Paul also remarked that Section 18 of the POSH Act expressly provides that appeals...

MP High Court Refuses To Quash Summons Against CocaCola For Expired ‘Maaza’ In Restaurant, Says Manufacturer Should Recall Such Products

Madhya Pradesh High Court has recently refused to quash criminal proceedings lodged against CocaCola for an allegedly fungal infected ‘Maaza Mango Drink’ displayed for sale by a retailer. While dismissing the petition filed under Section 482 of CrPC by the Company and its nominee, the court observed that the former was responsible for ensuring that none of the food products deemed as...

Madhya Pradesh High Court Constitutes Three Member Committee To Resolve Parking Issues At Indore District Court

A three-member panel under the chairmanship of Principal Sessions & District Judge, Indore has been constituted by the Madhya Pradesh High Court to resolve the long-standing dispute pertaining to the lack of parking space at Indore District Court. The single judge bench of Justice Vijay Kumar Shukla has entrusted the said committee with the responsibility to decide the extent of area...

Husband Can’t Escape Liability Of Maintenance By Merely Citing Faults In Wife’s Pleadings: Madhya Pradesh High Court

While dismissing a criminal revision application filed by the petitioner-husband, the Madhya Pradesh High Court has underscored that a destitute wife claiming maintenance cannot be victimised solely based on faults in her pleadings. The husband had challenged a Family Court order that rejected his application under Section 127 CrPC to reduce the maintenance amount.After referring to the...

Madhya Pradesh High Court Introduces Hybrid Hearing Option For All Benches Following Supreme Court Directive

The Madhya Pradesh High Court has implemented virtual and hybrid hearing options for counsels and parties involved in cases in all three benches (Principal Seat Jabalpur and Benches at Indore & Gwalior). A notice dated 20th October 2023 of the High Court informed that Video Conferencing / Hybrid hearing facility is available to the Learned Advocates / Parties-in person in the...

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot remand back a case to the trial court...

MP High Court Recalls Order Prohibiting Lawyers' Appearance Before It After They Admit To Bench Hunting, Recognize Harm To Administration Of Justice

Following what appears to be an instance of ‘bench hunting’, the Madhya Pradesh High Court has decided to recall a certain order that prohibited Advocate Vinayak Prasad Shah from appearing before certain High Court benches. The division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra sitting at Jabalpur observed that the lawyers who have filed the vakalath in the...

MP High Court Junks Woman’s Plea To Call Medical Expert In Maintenance Proceedings To Verify ‘Trans’ Husband’s Physical Status

The Madhya Pradesh High Court last week upheld an order of a Family Court rejecting a plea filed by a ‘wife’ for calling a medical expert in the maintenance proceedings u/s 125 CrPC to verify the physical status of her ‘husband’, who is claiming himself to be a transgender man. Agreeing with the family court’s order, the bench of Justice Milind Ramesh Phadke observed that...