Madhya Pradesh High Court Issues Notice On PIL Seeking Recognition Of Trees As Living Entity

The Madhya Pradesh High Court has issued notice to the Indore Municipal Corporation and the Indore Development Authority on a PIL filed seeking recognition of trees as living entities and to declare that they are entitled to rights.The Division Bench of Justice S.A. Dharmadhikari and Justice Prakash Chandra Gupta said notice be made returnable within four weeks.Aman Sharma, a resident...

Seven District Judges Appointed As Judges of Madhya Pradesh High Court, Centre Issues Notification

The Centre on Thursday notified the appointment of seven judicial officers as the judges of Madhya Pradesh High Court.In a tweet, the Law Minister Kiren Rijiju said that Roopesh Chandra Varshney, Anuradha Shukla, Sanjeev Sudhakar Kalgaonkar, Prem Narayan Singh, Achal Kumar Paliwal, Hirdesh, and Avnindra Kumar Singh have been appointed as the high court judges. The Supreme Court Collegium had...

No Mechanism U/S 190 CrPC Empowering Magistrate To Direct Further Investigation Suo Moto Or On Application By Any Person: Madhya Pradesh High Court

The Madhya Pradesh High Court recently held that Section 190 CrPC does not empower a Magistrate to suo moto pass directions for further investigation in a matter. The bench comprising Justice Sanjay Dwivedi observed that once cognizance of a matter is taken, the Magistrate cannot direct for further investigation- After considering the cases relied by learned counsel for...

Juvenile Justice | Aadhar Card Not Acceptable To Determine Age Of Prosecutrix: Madhya Pradesh High Court

The Madhya Pradesh High Court recently held that pursuant to the provision under Rule 12 of the Juvenile Justice (Care and Protection) Rules, 2012, the Aadhar Card of a prosecutrix cannot be relied upon to determine their age.The bench comprising Justice Vivek Agarwal differed from the decision of a division bench of the Delhi High Court vis-à-vis reliability of Aadhar Card to determine the...

S.166 MVA | Mother Has First Claim Over Compensation For Death Of Bachelor Son By Virtue Of S.8 Hindu Succession Act: MP High Court

The Madhya Pradesh High Court recently held that the mother of a bachelor Hindu man would have first claim over the compensation awarded under Section 166 of Motor Vehicles Act, 1988 on account of her son’s death.The bench comprising Justice G.S. Ahluwalia observed that by virtue of Section 8 of the Hindu Succession Act, the mother of a deceased bachelor Hindu man is the sole Class-I heir...

O VIII R 9 CPC | Defendant Cannot File Counterclaim After Submission Of Written Statement Except With Permission Of Court: Madhya Pradesh High Court

The Madhya Pradesh High Court, Indore Bench recently held that the Defendant in a civil suit cannot file a counterclaim after they have submitted their written statements, except with the leave of the Court.The Bench comprising Justice Subodh Abhyankar made the aforesaid observation by relying on the decision of the Apex Court in Ramesh Chand Ardawatiya v. Anil Panjwani-A perusal of the...

"Legal Framework Governing Inter-Religion Marriages Complex": MP High Court Quashes Cheating FIR Against Interfaith Couple Over Forged Certificate

The Madhya Pradesh High Court, Indore Bench recently reiterated the difficulties faced by interfaith couples in India and the societal challenges faced by them to get their marriage solemnised.The bench comprising Justice Vivek Rusia observed that legal framework governing inter-religion marriage is complex and requires the couples to navigate several legal hurdles-One of the main...

'Incompetent Public Prosecutors, Govt Advocates Being Appointed By State': Madhya Pradesh High Court Directs Law Secretary To Take Appropriate Steps

Expressing its concern over the appointment of what it called "incompetent" Public Prosecutors and Government Advocates, the Madhya Pradesh High Court has directed the Law Secretary to look into the issue and take appropriate steps. Justice Deepak Kumar Agarwal passed the direction in its order on the anticipatory bail application of a rape accused. “It is a matter of surprise...

Unjust To Apply ‘Ignorance Of Law Is No Excuse' Rule In Case Of Illiterate POCSO Offenders: Madhya Pradesh High Court

The Madhya Pradesh High Court recently presented a grim picture of literacy rate amongst the people of India, especially in Madhya Pradesh, to highlight the devastating ground realities that ensue after executing the strict provisions of the POCSO Act.Single Judge Bench of Justice Atul Sreedharan observed that illiteracy is so high that people are unable to read or comprehend the...

MP High Court Urges Law Commission To Suggest Amendments To POCSO Act Permitting Correctional Measures Instead Of Jail Term If Victim & Accused Marry

While deciding a bail application of an accused under the Protection of Children from Sexual Offences Act (POCSO Act), the Madhya Pradesh High Court went on to request the Law Commission of India to suggest suitable amendments to the Act making it possible for the Special POCSO Judges to impose correctional methods on convicts, rather than sentences of imprisonment, especially when...

[SC/ST Act] Accused May Prefer Statutory Appeal Against Bail Rejection By Special Court, Can't Approach High Court U/S 438 & 439 CrPC: Madhya Pradesh HC

The Madhya Pradesh High Court at Gwalior on Wednesday observed that High Court cannot entertain applications under section 438 (Direction for grant of bail to person apprehending arrest) or 439 (Special powers of High Court or Court of Sessions regarding bail) CrPC for an offence under the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 as Section 14A (2) (Appeal) of...

Madhya Pradesh High Court Rejects Widow’s Plea For Family Pension, Says Contracting Second Marriage ‘Misconduct’

The Madhya Pradesh High Court has held that the second wife of a government employee is not entitled to family pension if the second marriage was done without obtaining a divorce from the first wife and without obtaining prior permission from the State Government as is mandated under the Madhya Pradesh Civil Services (Conduct) Rules 1965.A bench comprising Justice Vivek Agrawal passed the...