Madhya Pradesh High Court
If Development Agreement Not Duly Stamped, RERA Should Refer It To Registrar Of Stamps; Not Dismiss Application For Registration: MP High Court
The Madhya Pradesh High Court at Indore on Monday set aside an order passed by Real Estate Regulatory Authority (RERA) which dismissed an application under Section 4 of Real Estate (Regulation and Development) Act, 2016 for registration of a project for not being properly stamped.The single judge bench of Justice Vivek Rusia observed that if the RERA had come to the conclusion that the...
Hajj 2023: Madhya Pradesh High Court Dismisses PIL Seeking Change Of Embarkation Point From Bhopal To Mumbai
The Madhya Pradesh High Court has dismissed the PIL seeking change of embarkation point for 2023 Hajj pilgrimage from Bhopal to Mumbai.“…Petitioners have no locus to file this public interest litigation, as they are neither beneficiary of the scheme nor going to perform the Haj pilgrimage. In case, any individual has grievance, he may approach this Court by filing separate individual...
'Omnibus Allegation': Madhya Pradesh High Court Quashes 'Abetment To Suicide' Case Against Hostel Warden, Worker
The Madhya Pradesh High Court has quashed a case of abetment of suicide filed against the warden of Barwani-based Eklavya Adarsh and one of its workers. A 14-year-old girl, a Class 8th student, was found hanging in the girls' hostel in July 2022.“In the instant case, the only allegation against the petitioners is that they have not provided a suitable room to the ... in the hostel and they...
Madhya Pradesh High Court Takes Suo Motu Cognizance Of Death Of Children In Open Tube-Wells
The Madhya Pradesh High Court on Monday took suo motu cognizance of the deaths of children in the open tube-wells.While initiating a case on the issue, the division bench of the Chief Justice Ravi Malimath and Justice Vishal Mishra said the matter pertains to the unfortunate death of children in the open tube-wells throughout the state of Madhya Pradesh. "Hence, the petition has been...
Madhya Pradesh HC Sets Aside Order Asking Woman’s Second Husband To Pay Maintenance, Say Not A Legally Wedded Wife As First Marriage Still Subsisting
The Madhya Pradesh High Court has set aside an order of a family court asking a woman’s second husband to pay her a monthly maintenance allowance after it was revealed that she had not divorced her first husband and as such she was not a legally wedded wife of the second man. The bench of Justice Rajendra Kumar Verma dismissed the criminal Revision Petition preferred by the petitioner...
Madhya Pradesh High Court Sends Contemnor To Jail For 10 Days For Making ‘Reckless Allegations’ Against Judge On Social Media
The Madhya Pradesh High Court has sentenced a man to undergo imprisonment for a period of ten days for making reckless allegations of corruption against a district judge and circulating it on WhatsApp. A division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed, “Making allegation on the Judicial Officer regarding his working, integrity and misuse of his position,...
OV R17 CPC | No Service Of Summons If Process Server Does Not Affix Notice On Door Or Conspicuous Part Of Defendant's Address: MP High Court
The Madhya Pradesh High Court, Indore Bench recently held that the process server not affixing notice as per the provision under Order V Rule 17 CPC would be deemed to be an illegality and that it cannot be said to be an irregularity in the context of the second proviso to Order IX Rule 13 CPC.The bench comprising Justice Subodh Abhyankar further observed that in absence of non-compliance...
S.34 SRA | Relief Of Possession Not Required In Suit For Cancellation Of Sale Deed When Plaintiff Is Co-Sharer In Suit Property: MP High Court
The Madhya Pradesh High Court, Indore Bench recently observed that the relief of possession is not required to be sought by a Plaintiff in a Suit for cancellation of Sale Deed when the Plaintiff is a co-sharer in the Suit property.The bench comprising Justice Subodh Abhyankar observed that in such cases, the Suit would not be hit by the proviso to Section 34 of the Specific Relief Act....
[OXXII R4 CPC] “Decree Passed In Favour Of Dead Person A Nullity”: MP High Court Declares After LRs Seek Impleadment In Second Appeal
The Madhya Pradesh High Court recently reiterated that a decree passed in favour of a dead person is a nullity and is thus not executable. The bench comprising Justice G.S. Ahluwalia made the aforesaid observation in an application under Order XXII Rule 4 CPC, moved by Respondents to bring them on record as Legal Representatives of the person who expired before the decree was...
[Waqf Act] Change Of Forum A Procedural Law And Retrospective In Nature Unless Expressly Mentioned Otherwise: Madhya Pradesh High Court
The Madhya Pradesh High Court recently reiterated that a change of forum is a procedural law and retrospective in nature, unless expressly mentioned otherwise. The bench comprising Justice G.S. Ahluwalia made the said observation with respect to the amendments made to Section 83 and Section 85 of the Waqf Act, 1995-In view of the law laid down by the Supreme Court in the case of Rashid...
Madhya Pradesh High Court Commutes Death Sentence Awarded To A Man Who Raped & Murdered An 80-Year-Old Woman
On Wednesday, the Madhya Pradesh High Court commuted the death sentence of a 25-year-old man accused of rape and murder of an 80-year-old woman, considering his age, no criminal record and the fact that the act of sexual assault was done in spontaneity and the same was not the outcome of any premeditation."In the facts and circumstances of this case, we deem it proper to follow the same...
Order U/S 10 MP Accommodation Control Act Determining Rent Not Executable; Landlord Ought To File Civil Suit To Recover Arrears: High Court
The Madhya Pradesh High Court recently observed that an order passed under Section 10 of the Madhya Pradesh Accommodation Control Act, 1961 is not executable and that in order to recover the arrears, the landlord would have to file a suit for recovery.Section 10 of the Madhya Pradesh Accommodation Control Act, 1961 provides for the Rent Controlling Authority to fix standard rent, etc.The...