Madhya Pradesh High Court
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...
Section 115 CPC | Civil Revision Shall Not Lie Against Order Granting Interim Injunction: Madhya Pradesh High Court
The Madhya Pradesh High Court, Gwalior bench recently observed that no civil revision would lie against an order granting interim injunction passed by the Court under Order 39 Rule 1 &2.The bench comprising Justice Satyendra Kumar Singh observed-From bare perusal of the amended provisions of the first proviso to Section 115 of the CPC, it is apparent that civil revision shall not...
If 'Status Quo' Order Not Specific, Its Scope Can't Be Expanded Beyond Prayer Made In Application For Temporary Injunction: Madhya Pradesh High Court
The Madhya Pradesh High Court recently observed that where an order of status quo is not specific, the same must be construed in respect of the prayer made in the application seeking temporary injunction.The division bench comprising Justices Sheel Nagu and Dwarka Dhish Bansal observed- ...this Court is of the considered opinion that when the order of status-quo is not specific, then it should...
Section 11 CPC | Party Cannot Challenge Adverse Findings Against Them In Suit Decided In Their Favour: Madhya Pradesh High Court
The Madhya Pradesh High Court, Indore Bench recently held that a party cannot challenge the adverse findings recorded against them by the trial court in a suit decided in their favour.The bench comprising Justice Pranay Verma further observed that such findings against the party would not operate as res judicata in a subsequent suit-The primary requirement of applicability of res-judicata...
Order XLI Rule 22 CPC | Not Mandatory For Decree Holder To File Cross-Objection In Appeal If Decree Not Liable To Be Modified: MP High Court
The Madhya Pradesh High Court recently observed that it is not mandatory for the decree holder to submit a written cross-objection in appeal if they are averring that the decree is not liable to be modified.The bench comprising Justice G.S. Ahluwalia observed that the decree holder would have to file their cross-objection in cases where they contend that the decree is liable to be...
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-Ã -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...