Trial Courts Not Taking Sufficient Pains To Frame Questions U/S 313 CrPC And Confront Accused With Incriminating Material: MP High Court Laments

The Madhya Pradesh High Court recently set aside the conviction of a person under Section 302 IPC due to non-compliance of Section 313 CrPC in the trial court proceedings. The division bench comprising Justices Sujoy Paul and A.N. Kesharwani observed that the court below had not complied with the requirements of Section 313 CrPC in its spirit and therefore, the conviction of the...

Proof Of General Notification Promulgated By Public Servant Would Not Satisfy Requirement Of 'Knowledge' U/S 188 IPC: Madhya Pradesh High Court

The Madhya Pradesh High Court recently held that that a general notification promulgated by a public servant would not satisfy the prerequisite of 'knowledge' on the part of the accused for offence punishable under Section 188 IPC. The bench comprising Justice Rajendra Kumar Verma observed- As already seen, a person booked under Section 188 IPC must have actual knowledge of...

In Cases Of Discrepancy With Regard To Identity Of Land, Boundaries Mentioned In Sale Deed Would Prevail: Madhya Pradesh High Court

The Madhya Pradesh High Court recently reiterated that in cases where there is discrepancy between parties with respect to the identity of the land, then the boundaries mentioned in the sale deed executed by them would prevail. The bench comprising Justice G.S. Ahluwalia observed that in such cases, the onus is on the aggrieved party to get a rectification deed executed- It is...

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC

The Madhya Pradesh High Court at Indore recently, while dismissing a petition filed challenging an order recalling a witness, reiterated that if the conditions under Section 311 of CrPC are satisfied, the Court can recall a witness at any stage of the trial, even after closing prosecution evidence.Justice Vijay Kumar Shukla observed that,It is crystal clear that the Court has been empowered...

What Is The Scope Of Limitation In Suit For Specific Performance Where No Time Was Mentioned For Execution Of Sale Deed? MP High Court Answers

The Madhya Pradesh High Court recently held that the limitation period in a suit for specific relief with respect to a sale deed, where no time was mentioned for its execution, would commence from the date it comes to the notice of the Plaintiff that specific performance is being refused to them by the Defendant. After perusing the jurisprudence laid down by the Apex Court in...

Interim Maintenance Order U/S 125 CrPC Cannot Be Treated As Interlocutory, Revision Can Be Preferred Under Family Courts Act: Madhya Pradesh HC

The Madhya Pradesh High Court at Jabalpur recently held that a criminal revision under Section 19(4) of the Family Courts Act can be preferred against an order for interim maintenance granted under Section 125 of CrPC. Justice Rajendra Kumar (Verma) observed that an order of maintenance affects the rights of a person drastically and substantially and therefore, it cannot be treated as...

Madhya Pradesh High Court Dismisses Congress Leader Kantilal Bhuriya's Plea Against Guman Singh Damor's 2019 Election To Lok Sabha

The Madhya Pradesh High Court, Indore Bench, has dismissed Congress leader Kantilala Bhuriya's petition that had challenged BJP MP Guman Singh Damor's election to the Lok Sabha in 2019 from Ratlam constituency.The court reiterated that the petitioner, challenging an election result, is required to prove that the result has been materially affected due to non-compliance of the provisions of...

Jurisdiction | “Ordinarily Resides” U/S 9 Guardians & Wards Act Doesn't Concern Time Spent At A Particular Place But Intention To Reside: MP High Court

The Madhya Pradesh High Court, Indore Bench recently reiterated that the term “ordinarily resides” under Section 9 of the Guardians and Wards Act has to be determined based on the intent of the person concerned residing at a particular place upon reaching there. Section 9 of the Guardians and Wards Act (“the Act”) deals with the jurisdiction of Court with respect to...

Employee's Length Of Service And Employer's Conduct Relevant Considerations While Granting Back-Wages: Madhya Pradesh High Court

The Madhya Pradesh High Court at Jabalpur bench held that while granting back-wages, the length of service of an employee is required to be taken note of and at the same time, the conduct of the employer is also required to be seen. The bench of Justice Sanjay Dwivedi was hearing a petition filed under Article 226/227 of the Constitution challenging the award of Labour Court through...

Provisions Of CPC To Be Followed In Trial Of Election Petitions U/S 122 Of MP Panchayat Rajya Adhiniyam: Madhya Pradesh High Court

The High Court of Madhya Pradesh, Gwalior Bench, recently set aside the order passed by a Sub Divisional Officer (SDO), wherein the proceedings under Section 122 of the M.P. Panchayat Rajya Adhiniyam, 1993 were not carried out in accordance with the Code of Civil Procedure. Justice Milind Ramesh Phadke held that pursuant to Rule 11 of the M.P. Panchayats (Election Petitions,...

Railway Authority Liable To Pay Compensation Even If Claimant Was Trying to De-board Moving Train: Madhya Pradesh High Court

The Madhya Pradesh High Court recently held that the Railway Authority is liable to pay compensation under Section 124-A of the Railways Act to a Claimant who met with an accident while deboarding a moving train. Section 124-A of the Railways Act, 1989 (“the Act”) deals with compensation on account of untoward incidents. The bench comprising Justice G. S. Ahluwalia observed...

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court

The Madhya Pradesh High Court, Indore Bench recently observed that the even if it has directed the civil court to expedite trial in a matter, the court below cannot adopt shortcut methods to dispose of the case. The bench comprising Justice Subodh Abhyankar added that in case of any difficulty, the trial court is always at liberty to seek guidance from the High Court- From the...