Madhya Pradesh High Court Monthly Digest: June 2022

Pramod Kumar Sethi S And Ors V Bank Of Baroda And Ors 2022 LiveLaw (MP) 154

Indore Wakf Mazaar Hazrat Nahar Shah Wali Sahab Wake Mauja Khajrana, District Indore v. The State Of Madhya Pradesh And Ors. 2022 LiveLaw (MP) 155

Seema Jatav v The State of Madhya Pradesh and Ors 2022 LiveLaw (MP) 156

Shobit Tripathi v. The State Of Madhya Pradesh 2022 LiveLaw (MP) 157

Manohar Silawat v. The State Of Madhya Pradesh 2022 LiveLaw (MP) 158

In Reference . (Madhya Pradesh) v. Ankit Vijayvargiya 2022 LiveLaw (MP) 159

Prism Johnson Limited v. UOI 2022 LiveLaw (MP) 160

Dileep v. M.P. State Election Commission 2022 LiveLaw (MP) 161

Sanjay Trading Company Versus State Of Madhya Pradesh 2022 LiveLaw (MP) 162

M/s Saisanket Enterprise Versus Authority of Advance Ruling 2022 LiveLaw (MP) 163

M/S Ujas Associates versus M/S KJS Cement (India) Ltd. 2022 LiveLaw (MP) 164

National Insurance Co. Ltd v. Guddi Bai And Anrs 2022 LiveLaw (MP) 165

K.C.Rajwani V The State Of Madhya Pradesh Law & Legislative Affairs And Anr 2022 LiveLaw (MP) 166

ORDERS/JUDGMENTS OF THE WEEK

MP High Court Upholds Eligibility Criteria Laid Down By Bank Of Baroda For Its Borrowers To Avail Benefits Of Resolution Framework 2.0 Issued By RBI

Case Title : Pramod Kumar Sethi S And Ors V Bank Of Baroda And Ors

Citation: 2022 LiveLaw (MP) 154

The Madhya Pradesh High Court, Indore Bench upheld the eligibility criteria laid down by the Bank of Baroda for its borrowers to avail the benefits of the Resolution Framework 2.0 issued by the Reserve Bank of India. The Banking Ombudsman had come up with the said policy to provide relaxation to individual borrowers and small business owners reeling from financial hardships in the wake of COVID-19.

Officials Holding Additional Charge Of Waqf Board Posts Can Order Supersession Of Management Committee, Appoint Executive Officer: MP High Court

Case Title: Indore Wakf Mazaar Hazrat Nahar Shah Wali Sahab Wake Mauja Khajrana, District Indore Versus The State Of Madhya Pradesh And Ors.

Citation: 2022 LiveLaw (MP) 155

The Madhya Pradesh High Court, Indore Bench, held that a Deputy Collector and Additional Collector, holding additional charge of Chief Executive Officer and Administrator, respectively, of the Madhya Pradesh Waqf Board can exercise powers under Section 67 (Supervision and supersession of committee of Management) and 38 (Powers of Board to appoint Executive Officer) of the Waqf Act.

'Discretion Vested In Project Officer Usurped By Superiority Authority': MP High Orders Reinstatement Of Anganwadi Worker, Cites Jurisdictional Error

Case Title : Seema Jatav v The State of Madhya Pradesh and Ors

Citation: 2022 LiveLaw (MP) 156

The Madhya Pradesh High Court, Gwalior Bench directed reinstatement of an Anganwadi Worker holding that the authorities did not follow the principles of natural justice while deciding her case.

The Court further held that the plea of alternate remedy would not come to rescue of the State as the Project Officer took action against the Petitioner at the insistence of his superior authorities, without using his own discretion and therefore, the case also suffered from jurisdictional error.

'Appears To Be A Big Scam': MP High Court Denies Bail To Janpad Panchayat CEO For Allegedly Embezzling Crores Of Rupees Under Vivah Sahayata Yojna

Case Title: Shobit Tripathi Versus The State Of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 157

The Madhya Pradesh High Court, Gwalior Bench recently denied bail to the CEO of a Janpad Panchayat who allegedly embezzled money set out for the beneficiaries of the Vivah Sahayata Yojna. The Court observed that it was prima facie a white colour crime case and that it appeared to be a big scam where crores of Rupees were siphoned off-

Further investigation is still going on regarding role of other culprits. Incidentally, other two accused namely Yogendra Sharma and Hemant Sahu were neither Govt. employees nor were contractual employees in any manner but were working at the instance of applicant prima facie, therefore, possibility cannot be ruled out that some more members must be involved in commission of offence. It appears to be a big scam where crores of rupees were siphoned off on the pretext of giving benefit of विवाह सहायता योजना to poor construction workers.

"Frivolous Case": Madhya Pradesh High Court Quashes Rape Case Filed By 'Second Wife' After A Delay Of 18 Years

Case title - Manohar Silawat vs The State Of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 158

The Madhya Pradesh High Court recently quashed a rape case against a man registered at the instance of his 'second wife' as the Court noted that it was a frivolous case and her version indicated false allegations against the man.

The Bench of Justice Anand Pathak observed that it was vexatious and frivolous litigation just to exert pressure on the man to extract money or an attempt made by the prosecutrix ('second wife') to convert domestic dispute into criminal allegations.

'Convict Himself Has Minor Daughter, Chances Of Rehabilitation Can't Be Ruled Out': MP High Court Commutes Death Sentence For Rape & Murder Of 4-Yr-Old

Case Title: In Reference . (Madhya Pradesh) v. Ankit Vijayvargiya

Citation: 2022 LiveLaw (MP) 159

The Madhya Pradesh High Court, Indore Bench recently commuted death sentence of a man convicted for rape and murder of a 4-year-old girl, observing that since he himself was father to a minor girl, his chances of rehabilitation could not be ruled out. The division bench of Justice Subodh Abhayankar and Justice S.K. Singh commuted the death sentence of the Appellant to 20 years of imprisonment.

Cryptic Reasons For Denying Refund Claim Does Not Render The Order Non-Speaking: Madhya Pradesh High Court

Case Title: Prism Johnson Limited Versus UOI

Citation: 2022 LiveLaw (MP) 160

The Madhya Pradesh High Court has held that the claim for refund has been declined by assigning reasons which may be cryptic on bare perusal but are sufficient to enable the assessee to know the exact cause for the rejection of the claim for refund.

The division bench of Justice Sheel Nagu and Justice Maninder S. Bhatti has observed that the reasons assigned for declining the refund claim cannot categorise the orders as being non-speaking. The order does not dissuade the assessee from knowing the mind of the adjudicating authority or dissuade him from filing an appeal.

"Approach State Election Commission" : Madhya Pradesh HC Disposes Writ Plea Challenging Removal Of Name From Voter List

Case title - Dileep v. M.P. State election commission

Citation: 2022 LiveLaw (MP) 161

The Madhya Pradesh High Court recently gave liberty to a man who intended to contest local elections to approach the state election commission with his grievance regarding removal of his name from the voter list. The Bench of Justice Sushrut Arvind Dharmadhikari directed the State Election commission to pass a reasoned and speaking order in accordance with law as expeditiously as possible preferably within 24 hours, in case the petitioner approaches it.

Signature Of the Person Present Obtained in Panchanama, Madhya Pradesh High Court Refuses Re-measuring of Stock

Case Title: Sanjay Trading Company Versus State Of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 162

The Madhya Pradesh High Court has refused to direct the re-measuring of the stock of coal lying in the premises as the search team has obtained the signatures of the persons present while carrying out the Panchanama. The division bench of Justice Sheel Nagu and Justice Maninder S. Bhatti perused the panchanama and observed that on the date of search itself, the amount of tax and a penalty were deposited by the petitioner as discrepancies were found in the stock, and thus there was no question of any kind of seizure.

Advance Ruling Can't Be Sought After The Receipt Of The Notice: Madhya Pradesh High Court

Case Title: M/s Saisanket Enterprise Versus Authority of Advance Ruling

Citation: 2022 LiveLaw (MP) 163

The Madhya Pradesh High Court has ruled that the application under section 97 of the CGST Act for obtaining the advance ruling cannot be made before the Authority of Advance Ruling (AAR) during the pendency of the issue before the authority and after the receipt of the notice.

Invocation Of Section 9 Of The A&C Act; Need To Wait Termination Of Conciliation Proceedings Under MSME Act: Madhya Pradesh High Court

Citation: 2022 LiveLaw (MP) 164

The Madhya Pradesh High Court has ruled that the provisions of the Arbitration and Conciliation Act, 1996 (A&C Act), including Section 9, would come into operation only after the termination of the conciliation proceedings under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), in the absence of an arbitration agreement between the parties.

Case Title : National Insurance Co. Ltd v. Guddi Bai And Anrs.

Citation: 2022 LiveLaw (MP) 165

The Madhya Pradesh High Court recently upheld the award passed by the Motor Accident Claims Tribunal, whereby the Insurance Company was directed to pay compensation to the legal representatives of the deceased, despite the insurance policy being bought after the death of the policy owner. Deciding the appeal preferred by the Insurance Company against the impugned award, Justice Vishal Dhagat held that the Company did not exercise ordinary care and diligence in the case-

Judge's Integrity Can't Be Doubted Merely For Allowing Adjournment Request: MP High Court Quashes Order Holding Lower Court Judge Guilty Of Misconduct

Case Title : K.C.Rajwani V The State Of Madhya Pradesh Law & Legislative Affairs And Anr

Citation: 2022 LiveLaw (MP) 166

The Madhya Pradesh High Court recently set aside the order of the Disciplinary Authority against a former lower court Judge, whereby he was held guilty of misconduct. Corollary to the same, the Court also set aside the order of his compulsory retirement. He was held guilty by the Disciplinary Authority for, among other things, granting bail with "corrupt or oblique motive" and for granting adjournments on "extremely flimsy grounds".