Madhya Pradesh High Court Takes Strict View Of State's Delay In Filing Appeal Against Compensation Award, Directs Recovery From Erring Officers

The Madhya Pradesh High Court at Jabalpur recently pulled up the State Authorities for the delay of over 8 years in filing an Appeal against a compensation award passed by Labour court. The Court has directed the Chief Secretary of the State to conduct an enquiry to determine who was responsible for not filing the appeal within the limitation period and recover the amount involved from the...

Lawyers’ Strike: Madhya Pradesh High Court Initiates Contempt Case Against State Bar Council, Warns Of Criminal Prosecution For Wrongful Restraint

The Madhya Pradesh High Court has initiated a contempt case against the Chairman of State Bar Council and its other elected members over continuing strike of lawyers in the state. The State Bar Council, instead of resolving the issue, chose a path of confrontation without justifiable cause, the court said.The Gwalior bench on Monday issued notice to the elected members, asking why it should...

VAT Act, Madhya Pradesh High Court Directs Dept. To Refund Pre-Deposit With 6% Interest

The Madhya Pradesh High Court has directed the state/commercial tax department to refund the pre-deposit amount paid during the appeal with 6% interest to the assessee.The division bench of Justice Sushrut Arvind Dharmadhikari and Justice Prakash Chandra Gupta has observed that even though there is no provision for payment of interest on the refund of amounts so collected under the VAT Act,...

Mere Breach Of Promise Not Equivalent To Giving False Promise To Marry: Madhya Pradesh High Court Quashes Rape Case

The Madhya Pradesh High Court at Gwalior quashing a rape case observed that a mere breach of promise to marry cannot be said to be a false promise to marry. Justice Deepak Kumar Agarwal observed that only a false promise to marry made with the intention to deceive a woman would vitiate the woman's consent being obtained under the misconception of fact. On going through the law laid down...

Madhya Pradesh High Court Initiates Suo Moto PIL Over Lawyers' Strike, Says Those Deliberating Avoiding Proceedings Will Face Serious Consequences

The Madhya Pradesh High Court at Jabalpur on Friday initiated Suo Motu Public Interest Litigation as a result of the communication by the Chairman of the State Bar Council of Madhya Pradesh asking the Advocates to abstain from court work from 23rd March. Division Bench consisting of Chief Justice Ravi Malimath and Justice Vishal Mishra observed that We are of the considered view that the duty...

‘Tendency Has Developed To Make Rape Allegation With Certain Motives Against Husband or Lover’: Madhya Pradesh High Court Grants Pre-Arrest Bail To Cong MLA

The Madhya Pradesh High Court at Jabalpur recently granted anticipatory bail to Congress MLA Umang Singh Shingar in a rape case.Justice Sanjay Dwivedi observed that "Perusal of case diary, nature of allegations and submissions of counsel for both the parties, clearly reveal that at the time of developing physical relation prosecutrix was married. She is mentally sound, educated and is also...

'Documentary Evidence' Not Pre-Condition To Avail Remedy U/S 17 SARFAESI Act Against Secured Creditor's Action U/S 13(4): MP High Court

The Madhya Pradesh High Court has made it clear that 'documentary evidence' is not a pre-condition to avail remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) against secured creditor’s alleged action under Section 13(4) of the Act.Section 17 provides remedy of appeal before DRT to any...

Wife Not Being Respectful Towards Husband, His Family Amounts To Cruelty: Madhya Pradesh High Court Upholds Dissolution Of Marriage

While upholding the dissolution of a couple’s marriage on the ground of cruelty, the Madhya Pradesh High Court has observed that the wife not being respectful towards the Husband, or his family member would construe as cruelty towards the husband.The Court also factored into account the fact that the wife left her matrimonial home and is residing separately from the husband since 2013...

Every FILE Has LIFE: Madhya Pradesh High Court Says Tahsildar Can't Decide Question Of Will In Mutation Proceeding, Criticizes "Undue Haste"

‘Every FILE has a LIFE,’ the Madhya Pradesh High Court reminded a Tahsildar who proceeded to decide the question of Will in a mutation proceeding, in undue haste and without authority of law.A bench comprising Justice Anand Pathak reiterated that revenue authorities like the Tahsildar cannot put justice to travesty whilst chasing a higher number of disposals. They cannot delve into...

'One Should Strive To Be Better Version Of Himself Each Passing Day': MP HC Chief Justice Ravi Malimath

On Friday, Chief Justice Ravi Malimath of Madhya Pradesh High Court and Patron M.P. State Judicial Academy, Jabalpur inaugurated the Capacity Building Special Training Programme for Advocates with zero to five-year experience at the Madhya Pradesh High Court, Bench at Gwalior. Justice Rohit Arya, Administrative Judge, Justice Anand Pathak, Member Governing Council, MPSJA and Judges of High...

Alternative Remedy Is Not Absolute Bar To Examine Conditions To Issue Reassessment Notice: Madhya Pradesh High Court

The Madhya Pradesh High Court stayed the reassessment proceedings and admitted them for the final hearing.The division bench of Justice S.A. Dharmadhikari and Justice Prakash Chandra Gupta has relied on the decision of the Supreme Court in the case of Red Chilli International Sales Vs. Income Tax Officer & Anr., in which it was held that writ petitions have been entertained to examine...

'Kill Modi' Remark: Madhya Pradesh High Court Grants Bail To Congress Leader Raja Pateria Two Months After Arrest

The Madhya Pradesh High Court on Monday granted bail to Congress leader Raja Pateria in a case over his alleged remark against Prime Minister Narendra Modi.Justice Sanjay Dwivedi while allowing the second bail application preferred by the Congress Leader, observed that, Considering the earlier order and the liberty granted to the applicant to revive the application after the period of...