Madhya Pradesh HC Chief Justice Inaugurates Three-Day Training Programme For High Court Legal Services Committee’s Empanelled Lawyers

Chief Justice of Madhya Pradesh High Court Justice Ravi Malimath on Friday inaugurated a three days Regional Training Programme for Selected Panel Lawyers for High Court Legal Services Committee, Jabalpur.Justice Sujoy Paul, Madhya Pradesh High Court Judge and Chairman Governing Council Madhya Pradesh State Judicial Academy (MPSJA) and Justice Vivek Agarwal, Madhya Pradesh High Court Judge...

State To Compensate Persons Imprisoned In a Frivolous Case: Madhya Pradesh High Court [VIDEO]

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Madhya Pradesh High Court Initiates Contempt Case Against Bhopal Gas Tragedy Relief and Rehabilitation Department's Secretary

The Madhya Pradesh High Court on Monday directed the Registry to draw charges of contempt against the Secretary of the Bhopal Gas Tragedy Relief and Rehabilitation Department. "It is now more than ten and half years but digitization of the record has not yet been completed of all the gas victims." the Division Bench of Justice Sheel Nagu and Justice Virender Singh observed.The Division...

State Can't Pray To Non-Suit A Party For Not Complying With Section 80 CPC If It Waived The Requirement In Written Statement: MP High Court

The Madhya Pradesh High Court has reiterated that a State authority cannot raise objections regarding non-compliance of Section 80 CPC at a later stage if it did not raise the issue in their written statement.The bench comprising Justice G.S. Ahluwalia observed that even though the provision under Section 80 CPC is mandatory, it can be waived by the Authority concerned-Thus, it is clear that...

No Incriminating Material Found During Search: Madhya Pradesh High Court Dismisses Department’s Appeal

The Madhya Pradesh High Court's Indore Bench dismissed the department's appeal, ruling that no incriminating documents were discovered during the search.The division bench of Justices Sushrut Arvind Dharmadhikari and Prakash Chandra Gupta observed that the order in appeal did not suffer any illegality that would give rise to a proposed substantial question of law.The department raised the...

Madhya Pradesh High Court Directs State to Pay Rs 20 Lakh as Compensation To Persons Imprisoned For 20 Months in Frivolous Case

The Madhya Pradesh High Court, Indore Bench, recently directed the State to pay Rs.20 Lakh each to two individuals who were kept in prison for 20 months in a frivolous case filed against them at the “whims and caprice” of the police. It further granted liberty to the State to proceed against the erring officer to recover the amount from him in accordance with law.Justice Subodh...

MP High Court Quashes Non-Bailable Warrant Issued At Very First Instance Seeking Presence Of Accused, Says It’s Against Mandate Of Law

The Madhya Pradesh High Court recently set aside a non-bailable warrant issued by trial court to secure the presence of an accused in POCSO case, immediately after the filing of charge-sheet in the matter.The bench comprising Justice Dinesh Kumar Paliwal observed that issuing the non-bailable warrants on the very first date of filing of the charge-sheet is against the settled position of...

'No Coercion': State Counsel Submits Before MP High Court In Case Of 'Victim' Who Shot 'Rape' Video, Bail Granted To Accused

The Madhya Pradesh High Court on Wednesday granted bail to a man who has been accused of committing rape against a married woman after the state’s counsel submitted a report before it opining that prima facie it was not an act against the will of the victim. The bench of Justice Atul Sreedharan passed this order on the bail plea filed by accused Jitendra Baghel taking into account...

S.12A Commercial Courts Act | Party Cannot Be Non-Suited For Want Of Pre-Institution Mediation If Urgent Interim Relief Sought: MP High Court

The Madhya Pradesh High Court recently observed that in commercial suits wherein interim relief is prayed for, the Plaintiff cannot be non-suited for not following the mandatory provision of pre-institution mediation under Section 12A of the Commercial Courts. Section 12A of the Commercial Courts Act, 2015 (Act of 2015) deals with the mandatory provision of...

OVII R11 CPC | Plaint On Mere Possibility Of Right Being Infringed Without Legitimate Basis For That Right Does Not Disclose Cause of Action: MP High Court

The Madhya Pradesh High Court recently reiterated that a mere possibility of contemplation or possibility that a right may be infringed without any legitimate basis for that right, would not be sufficient to hold that the plaint discloses a cause of action.The bench comprising Justice Subodh Abhyankar further held that in the said circumstances, the plaint can be rejected for want of cause...

Private Complaint For Offences Under IPC, Other Laws Not Barred Under Section 37 Of M.P. Society Registrikaran Adhiniyam: Madhya Pradesh High Court

The Madhya Pradesh High Court recently observed that a private complaint alleging commission of offences under Indian Penal Code and other laws is maintainable and will not be barred under section 37 of M.P. Society Registrikaran Adhiniyam, 1973.The court had framed the question as to whether a complaint filed by a private party against members of a registered society is liable to be dismissed...

MP High Court Directs State Counsel To Ascertain From Video Purportedly Made By Rape 'Victim' Herself If The Act Was Consensual Or Against Will

After the alleged rape victim claimed that she herself made the video of the incident, the Madhya Pradesh High Court last week directed the State Counsel to watch the video and ascertain whether the victim's action reveals consent or resistance to the alleged act of rape."Learned counsel for the State is requested to call for the I.O. with the pen-drive and perused the same in the A.G....