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Madhya Pradesh High Court Monthly Digest: January 2025
Anukriti Mishra
4 Feb 2025 9:00 AM IST
Citation 2024 LiveLaw (MP) 01 to 2024 LiveLaw (MP) 29Nominal Index:Anjali Kushwah And Others Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 1Vijay Katara Versus Principal Secretary And Others 2025 LiveLaw (MP) 2Atharv Chaturvedi Vs. The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 3Saket Tiwari Versus M.P. Board Of Secondary Education And Others 2025 LiveLaw (MP)...
Citation 2024 LiveLaw (MP) 01 to 2024 LiveLaw (MP) 29
Nominal Index:
- Anjali Kushwah And Others Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 1
- Vijay Katara Versus Principal Secretary And Others 2025 LiveLaw (MP) 2
- Atharv Chaturvedi Vs. The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 3
- Saket Tiwari Versus M.P. Board Of Secondary Education And Others 2025 LiveLaw (MP) 4
- Mohd. Shahid Khan Versus Union Of India 2025 LiveLaw (MP) 5
- Smt. Yashika Shah and Others versus The Registrar 2025 LiveLaw (MP) 6
- Dr. Ojus Yadav Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 7
- Mahesh Patel Vs Yashwant Netram And Others 2025 LiveLaw (MP) 8
- The State Of Madhya Pradesh And Others Versus Smt. Hemlata Tala 2025 LiveLaw (MP) 9
- Mohammad Shah Vs. Smt. Chandani Begum 2025 LiveLaw (MP) 10
- Ms. Kritika Mandloi And Others Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 11
- Prosecutirix X Vs The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 12
- Dr. Yash Dubey And Others Versus Union Of India And Others 2025 LiveLaw (MP) 13
- Gokul Bansal Vs. Vipin Goyal & Ors. 2025 LiveLaw (MP) 14
- Sanju Sonkar Alias Sanju Khatik Versus The State Of Madhya Pradesh 2025 LiveLaw (MP) 15
- X (Minor) D/O Shri Nitish Janardan Bharadwaj And Smt. Smita Nitish Bharadwaj And Others v/s Union Of India And Others 2025 LiveLaw (MP) 16
- Shri Jitendra Singh Mandloi Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 17
- Gopal Das Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 18
- Bhanwarbai And Others Versus Madhya Pradesh State Election Commission And Others 2025 LiveLaw (MP) 19
- Vikram Singh versus Union of India and Others 2025 LiveLaw (MP) 20
- Narmada Prasad Mishra Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 21
- Abhijeet Pandey Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 22
- Mathiyas Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 23
- Munim Singh Gond Versus The State Of Madhya Pradesh 2025 LiveLaw (MP) 24
- Shri Antram Awase Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 25
- Abhishek Versus Central Bureau Of Investigation 2025 LiveLaw (MP) 26
- Dr. Ramjas Choudhary Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 27
- Hemant Malviya Versus The State Of M.P. And Others 2025 LiveLaw (MP) 28
- Ram Dayal Yadav Versus State of M.P. And Others 2025 LiveLaw (MP) 29
Judgements/Final Orders:
Case Title: Anjali Kushwah And Others Versus The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 1
The Madhya Pradesh High Court recently allowed a major couple to reside together without wedlock considering the fact that both the petitioners were above 18 years of age and thus, their choice needs to be protected.
The court however, expressed concern over the choice of the petitioners to enter into live in relationship at such a tender age.
Case Title: Vijay Katara Versus Principal Secretary And Others
Citation: 2025 LiveLaw (MP) 2
Allowing a plea for conducting a New Year programme for the Christian Community which was opposed by the Vishva Hindu Parishad, the Indore Bench of Madhya Pradesh High Court observed that merely on the basis of certain objections raised by a member of one community, a person cannot be denied the right to assemble and pray as per his religion guaranteed under Article 25 of the Constitution.
Case Title: Atharv Chaturvedi Vs. The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 3
In a plea seeking EWS reservation in the state's Private Medical Colleges, the Jabalpur Bench of Madhya Pradesh High Court directed the State government and National Medical Commission to complete the process of increasing seats in such colleges and provide for EWS reservation in accordance with Union Health Ministry's notification.
Case Title: Saket Tiwari Versus M.P. Board Of Secondary Education And Others
Citation: 2025 LiveLaw (MP) 4
The Jabalpur Bench of Madhya Pradesh High Court recently pulled up MP Board of Secondary Education for "glaring malpractice" in the evaluation of a Class 12 student's examination copy and directed the Board to pay cost of Rs. 25000 to the student for the irresponsible treatment meted out to him.
Case Title: Mohd. Shahid Khan Versus Union Of India
Citation: 2025 LiveLaw (MP) 5
While declining bail to an alleged follower of the banned terrorist organisation ISIS, the Madhya Pradesh High Court held that religious terrorism is tragic and dangerous and therefore, court cannot express leniency to persons facing serious allegations of terrorism and unlawful activities.
Case Title: Smt. Yashika Shah and Others versus The Registrar
Citation: 2025 LiveLaw (MP) 6
The Indore Bench of Madhya Pradesh High Court has held that a Naib Nazir cannot decide the maintainability of an application and should leave it to the discretion of the Court. The court thus, directed the Naib Nazir to refrain from making such endorsements on applications filed by the parties.
Naib Nazir is a member of the Nazarat, which is a process serving agency of the district courts.
Case Title: Dr. Ojus Yadav Versus The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 7
The Jabalpur Bench of Madhya Pradesh High Court has directed the State's Department of Medical Education to forthwith conduct fresh counselling for vacant NRI Quota seats in the NEET-PG 2024 counselling.
In doing so, the court vacated its interim order passed on December 18, 2024 while dismissing a plea–questioning the procedure for filling up of such seats, on the ground that the criteria formulated for allotment of seats by the State Government appears to be fair and reasonable.
Case Title: Mahesh Patel Vs Yashwant Netram And Others
Citation: 2025 LiveLaw (MP) 8
The Madhya Pradesh High Court bench of Justice Subodh Abhyankar has held that the Arbitrator is empowered to pass an order for dissolution of the partnership firm once the matter is referred.
Case Title: The State Of Madhya Pradesh And Others Versus Smt. Hemlata Tala
Citation: 2025 LiveLaw (MP) 9
While dismissing the State's appeal against an order for payment of back wages to a terminated employee, the Indore Bench of Madhya Pradesh High Court opined that termination of an employee based on a singular clerical mistake in entire service career seems to be 'excessive' and minor penalty could have been imposed.
Thus, the court directed the State to pay 50% back wages to the said employee.
Case Title: Mohammad Shah Vs. Smt. Chandani Begum
Citation: 2025 LiveLaw (MP) 10
The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife.
Case Title: Ms. Kritika Mandloi And Others Versus The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 11
The Indore Bench of Madhya Pradesh High Court has held that once any selection process for a job post is culminated into the process of document verification after selection of candidates, it should not be cancelled citing technical infirmities in the original advertisement.
Case Title: Prosecutirix X Vs The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 12
The Jabalpur Bench of Madhya Pradesh High Court granted the custody of a new-born baby to her mother, a minor rape survivor, under the guardianship of her parents.
Case Title: Dr. Yash Dubey And Others Versus Union Of India And Others
Citation: 2025 LiveLaw (MP) 13
The MP High Court has directed the Centre and State authorities to not compel candidates to resign from All India 2nd round counselling of NEET PG and to not forfeit the security amount till the results of 2nd round of counselling is declared by the State.
Case Title: Gokul Bansal Vs. Vipin Goyal & Ors.
Citation: 2025 LiveLaw (MP) 14
The Madhya Pradesh High Court Bench of Justice Anand Pathak held that when matter relates to Partnership Act and partnership deed and third-party rights are also involved then it cannot be referred to arbitration.
Case Title: Sanju Sonkar Alias Sanju Khatik Versus The State Of Madhya Pradesh
Citation: 2025 LiveLaw (MP) 15
While setting aside a 2014 conviction order in a rape case as there was a 10-month delay in identification of the accused, the Jabalpur Bench of Madhya Pradesh High Court said that long delay in holding Test Identification Parade (TIP) coupled with infirmities and inconsistencies had rendered the prosecution's case doubtful.
Case Title: X (Minor) D/O Shri Nitish Janardan Bharadwaj And Smt. Smita Nitish Bharadwaj And Others v/s Union Of India And Others
Citation: 2025 LiveLaw (MP) 16
The Jabalpur Bench of Madhya Pradesh High Court directed that the Regional Passport Office, Bhopal to renew the passports of the minor daughters of actor Nitish Bharadwaj while holding that the passport of minor children can be renewed without father's consent if there is no prohibitory order from any competent court.
Case Title: Shri Jitendra Singh Mandloi Versus The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 17
The Indore Bench of Madhya Pradesh High Court dismissed a PIL against construction of a shopping complex after noting that the petitioner had misused the process of law by making "false and incorrect allegations" in order to "settle personal score". In doing so, the court also imposed a cost of Rs 25,000 on the petitioner.
Case Title: Gopal Das Versus The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 18
The Indore Bench of Madhya Pradesh High Court held that for purposes of Municipal Records, a will can be relied upon to mutate the names of the persons who are the beneficiaries of the same.
Case Title: Bhanwarbai And Others Versus Madhya Pradesh State Election Commission And Others
Citation: 2025 LiveLaw (MP) 19
The Indore Bench of Madhya Pradesh High Court has declared the election to the post of President Janpad Panchayat, Ujjain as illegal and void and ordered for fresh elections, after noting that out of the 25 elected members, 13 were not permitted to cast a vote.
Case Title: Vikram Singh versus Union of India and Others
Citation: 2025 LiveLaw (MP) 20
The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. In doing so, the court opined that the impugned action must relate to a 'public duty' in order to come under the ambit of Article 226 of the Constitution.
Case Title: Narmada Prasad Mishra Versus The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 21
The Jabalpur Bench of Madhya Pradesh High Court on Monday (January 20) refused to entertain a Public Interest Litigation petition, filed on the basis of a newspaper report, observing that no research or scientific report was submitted to support the claims regarding damages in a newly constructed flyover in the city.
Case Title: Abhijeet Pandey Versus The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 22
The Indore Bench of Madhya Pradesh High Court has asked the State authorities including the Principal Secretary in the State's forest department, to investigate a purported video alleging that a turtle was hunted/killed by way of witchcraft in the city last year.
The court has directed the respondent authorities to take into consideration the complaint made by the petitioner in a PIL and to investigate the matter under the Wildlife Protection Act, 1972.
Case Title: Mathiyas Versus The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 23
The Indore Bench of Madhya Pradesh High Court has directed the Excise Commissioner, Indore to take a decision on a representation regarding inaction against liquor merchants for carrying alleged illicit trade of liquor in Jhabua, Alirajpur and Dhar districts.
Madhya Pradesh High Court Denies Bail To Man Accused Of Leopard Hunting, Cites Severity Of Offence
Case Title: Munim Singh Gond Versus The State Of Madhya Pradesh
Citation: 2025 LiveLaw (MP) 24
The Jabalpur bench of the Madhya Pradesh High Court has denied bail to a man accused of being involved in Leopard hunting booked under the Wildlife Protection Act after noting the severity of the offence alleged.
Direct DMs To Not Pass Orders Under Political Pressure: MP High Court To State Chief Secretary
Case Title: Shri Antram Awase Versus The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 25
The Madhya Pradesh High Court has asked the Chief Secretary of State to direct District Magistrates to not act and pass orders under political pressure, without appreciating the true intent and meaning of law.
Case Title: Abhishek Versus Central Bureau Of Investigation
Citation: 2025 LiveLaw (MP) 26
The Indore Bench of Madhya Pradesh High Court recently denied anticipatory bail to a Narcotics Inspector booked for being involved in taking bribe through another person to facilitate grant of opium license.
Case Title: Dr. Ramjas Choudhary Versus The State Of Madhya Pradesh And Others
Citation: 2025 LiveLaw (MP) 27
The Jabalpur bench of the Madhya Pradesh High Court recently disposed of a plea filed by a guest faculty, alleging that he was being forced to join Rashtriya Swayamsewak Sangh (RSS) by the college authorities.
Justice Vivek Agarwal closed the matter after the State submitted that concerned Superintendent of Police will look into the complaint.
Case Title: Hemant Malviya Versus The State Of M.P. And Others
Citation: 2025 LiveLaw (MP) 28
While dismissing a plea seeking a review of an order dismissing a PIL for the removal of one particular temple in the city, the Indore Bench of Madhya Pradesh High Court observed that the litigant who claimed to be a journalist, did not disclose why the removal of this temple was in public interest adding that he appeared to have a vested interest.
The court further observed that if the litigant was aggrieved by the illegal construction of religious places, then he should have challenged all the religious structures constructed either on government land or without permission.
Case Title: Ram Dayal Yadav Versus State of M.P. And Others
Citation: 2025 LiveLaw (MP) 29
The Jabalpur bench of the Madhya Pradesh High Court reiterated that experience gained by discharging duties for a long period of time is sufficient to hold that an employee has the requisite qualifications.
In doing so, Justice Sanjay Dwivedi allowed a man's plea who was terminated from service as a Driver noting that apart from him not having the required educational qualification there were no other lacunae shown by the authority showing any deficiency in his driving. It thereby termed his dismissal as unjust.
Other Developments:
The Jabalpur Bench of Madhya Pradesh High Court recently clarified that the definition of 'victim' under Section 2(y) of BNSS does not cover the loss or injury suffered by any person in the past at the behest of the accused and thus, such persons cannot be allowed to object in subsequent cases filed against the accused by some other victim.
The Madhya Pradesh High Court on Monday (January 6) ordered the media to not publish any fake news or misinformation regarding the disposal of Union Carbide waste material at Pithampur facility.
The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “Media shall not publish any fake news which will create fear and confusion in the public regarding the disposal of the waste material.”
While hearing a plea filed by in-service doctors, the Madhya Pradesh High Court has stayed the Phase II Seat Allotment for NEET PG considering the arbitrary change of procedure in the counselling process. The court also has directed the Department of Public Health and Medical Education, Bhopal to open the portal for registration of candidature of the petitioners.
Noting that respondent authorities including–the Centre and State did not seem to be serious about completing digitization of medical records of Bhopal Gas Tragedy patients, the Jabalpur Bench of Madhya Pradesh High Court directed Union Health Secretary, the State's Chief Secretary and Director of Memorial Hospital Research Centre, Bhopal to finalise an action plan.
The Indore Bench of Madhya Pradesh High Court has held that Municipal Commissioner cannot act as both a 'Tree Officer' as well as the Implementing Authority of a Development project seeking permission for tree felling.
In doing so, the court directed the State Government to appoint any 'Forest Officer' not below the rank of Gazetted Officer as 'Tree Officer' before whom the Commissioner, Indore Municipal Corporation may apply for the permission for cutting the trees in the two development projects viz. Malhar Ashram and MOG Lines.
The Indore Bench of Madhya Pradesh High Court on Wednesday (January 15) asked the State to inform as to why registration of houses/plots allotted to the Sardar Sarovar affected persons has not been executed.
A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Rusia passed the order while hearing a petition seeking direction to the respondents to complete the registration of the houses / plots allotted to the Sardar Sarovar affected persons in time bound manner without levying registration cost and stamp duty as per the Rehabilitation and Resettlement (R&R) Policy for Narmada Projects.
The Jabalpur Bench of Madhya Pradesh High Court on Monday (January 20) has directed the State to speed up the process for administrative approval for appointment of members of Abitration Tribunal and amendment of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983.
The Jabalpur bench of the Madhya Pradesh High Court recently granted interim relief to an law student to attend her fourth semester classes after she was debarred by NLIU Bhopal due to shortage of attendance.
The court however made it clear that the student's fate would depend on the outcome of the plea.
The Jabalpur Bench of Madhya Pradesh High Court in an interim order has directed the police authorities, narcotics bureau and Drug Controller to take immediate action against manufacture and sale of banned drugs on wholesale basis online.
The Madhya Pradesh High Court has directed the State to file a detailed reply to a PIL concerning noise pollution caused by use of high power loudspeakers in social and religious functions.
The petition states that use of DJs in social and religious functions as well as in religious processions not only leads to health hazards but also causes communal tension, sometimes leading to riots.
The Madhya Pradesh High Court has issued notice to the state government and Madhya Pradesh medical council on a petition by foreign medical graduate students challenging the increase of the term of their internship by the State Medical Council from two to three years retrospectively.
The Madhya Pradesh High Court has issued notice to the National Commission for Protection of Child Rights and Madhya Pradesh State Commission for Protection of Child Rights in a Public Interest Litigation plea seeking strict and monitored compliance of Section 43 of the POCSO Act.
Section 43 states that Centre and every State government will take all measures to ensure that the provisions of Act are given wide publicity through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of POCSO Act.
In a plea concerning welfare of elephants in Bandhavgarh Tiger Reserve, the Jabalpur bench of the Madhya Pradesh High Court on Thursday (January 23) directed the respondent authorities to file a status report pursuant to its earlier order asking them to finalize their decision on rehabilitation of the animal as per the provisions of the Wild Life Protection Act.
The Superintendents of Police of four districts told the Indore bench of the Madhya Pradesh High Court that as per the present system of communication the requisition of case diaries is sent through Radio/Wireless Message or WhatsApp to the district's Nodal Officer who further sends it to the concerned police station, wherein sometimes, the communication is delayed or goes missing.
The Jabalpur bench of the Madhya Pradesh High Court imposed a cost of Rs. 30,000 on the State while permitting it to file its written submissions in a 2020 PIL, challenging a government notification on the ground that it violates the Land Acquisition Act 2013 inasmuch as it decreases the multiplying factor for calculation of market value of land.
The Gwalior Bench of Madhya Pradesh High Court has asked the city Municipal Corporation, the State Government and the Central Government to "work in sync" for the revival of the Swarn Rekha River.
The court has also said that the Central Government shall also cooperate in this regard under the Namami Gange Project and/or any other project/scheme if required.