Madhya Pradesh High Court Monthly Digest: May 2022 [Citations 132 - 153]

NOMINAL INDEX Dr. Prakash kumar dubey v. Rani durgawati university 2022 LiveLaw (MP) 132 Basant v. The state of madhya pradesh govt. 2022 LiveLaw (MP) 133 Vishal Pandey and anr. versus Food Corporation of India and Ors. 2022 LiveLaw (MP) 134 M/s Om Sai RK Constructions Pvt. Ltd. versus M/s Forsight Infractech Pvt. Ltd. 2022 LiveLaw (MP) 135 Premshankar Vijayvargiya and anr. V. Union of India and Ors. 2022 LiveLaw (MP) 136 Chandresh Marskole Vs. The State of Madhya Pradesh 2022 LiveLaw (MP) 137 Ajay Sahu v. The State of Madhya Pradesh and Anr. 2022 LiveLaw (MP) 138 Ashok v. The state of madhya pradesh and anr. 2022 LiveLaw (MP) 139 Shyam Kumar Singh v. State of Madhya Pradesh 2022 LiveLaw (MP) 140 Meghna Agarwal Vs. Anurag Bagadiya and another 2022 LiveLaw (MP) 141 State of Madhya Pradesh v. Golu 2022 LiveLaw (MP) 142 Dr. (Mrs.) Neena V. Patel v. State of Madhya Pradesh & Ors 2022 LiveLaw (MP) 143 Lallu @ Krishnabhhan Vs The State Of Madhya Pradesh And Others 2022 LiveLaw (MP) 144 Prakash Singh and Nandita Singh v. State of MP and anr 2022 LiveLaw (MP) 145 Pappu v. The state of madhya Pradesh 2022 LiveLaw (MP) 146 State Of Madhya Pradesh V Satya Narayan Dubey 2022 LiveLaw (MP) 147 Vijay Mahobia vs The State Of Madhya Pradesh 2022 LiveLaw (MP) 148 Dharmadas Tirthdas Construction Pvt. Ltd. v. Government of India and Ors 2022 LiveLaw (MP) 149 Himanshudhar Dwivedi v. The State of Madhya Pradesh 2022 LiveLaw (MP) 150 Bablesh Patel v. The state of Madhya Pradesh 2022 LiveLaw (MP) 151 M/s Rajdhani Security Force Pvt. Ltd Versus UOI 2022 LiveLaw (MP) 152 Smt. Vinita jain verma and anr. Versus the state of madhya pradesh and anr. 2022 LiveLaw (MP) 153 JUDGMENTS/ORDERS OF THE MONTH 'Scientific Officer' Not A 'Teacher' Within The Scope Of Madhya Pradesh Vishwavidyalaya Adhiniyam: Madhya Pradesh High Court Case Title: Dr. Prakash kumar dubey v. Rani durgawati university Case Citation: 2022 LiveLaw (MP) 132 The High Court held that the post of Scientific Officer/Senior Technical Assistant is not covered under the definition of a 'Teacher' under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973. Dismissing the writ petition, Justice Vivek Agarwal observed- In the present case, the petitioner has not brought on record any material to show that the post of Senior Technical Assistant or that of Scientific Officer has been declared by the Statute to be a post of Teacher… In the present case, since the post of Senior Technical Assistant or Scientific Officer has not been included in the Statute to mean a Teacher, no extension can be given to the definition just to accommodate the petitioner without there being any material and dehors the Statute. Hearsay Statements Made Contemporaneously With Act Or Immediately Thereafter Admissible U/S 6 Evidence Act: MP High Court Case Title: Basant v. The state of madhya pradesh govt. Case Citation: 2022 LiveLaw (MP) 133 The Madhya Pradesh High Court, Indore Bench recently held that a statement made by the deceased contemporaneously with the act or immediately thereafter would be admissible as dying declaration under Section 32 of the Indian Evidence Act. Further, statements made by the complainants regarding words uttered by the deceased, though hearsay, are admissible under Section 6 of the Indian Evidence Act (Rule of res gestae). Child Lost In Custody By Deceased Govt Employee To Be Considered As 'Dependant' For Compassionate Appointment: MP High Cour Case Title: vishal pandey and anr. versus food corporation of india and ors. Case Citation: 2022 LiveLaw (MP) 134 The Madhya Pradesh High Court recently held that the child of the deceased government employee shall be considered as 'Dependant', despite the parent losing their custody, for the purpose of compassionate employment. Deciding the writ petition, Justice Vivek Agarwal observed- I am of the opinion that impugned order deserves to be quashed as it is arbitrary and has failed to take into consideration a comprehensive meaning of the word 'dependent'. Respondents have tried to supply a very restricted meaning to the clause 'dependents', vide Annexure P-10, whereas admittedly, by virtue of divorce of his mother, petitioner No.1 will not lose his status of being a son who is covered by definition of 'dependent family member'.3. Void Ab Initio Appointment Of Arbitrator, The Court Has Jurisdiction Under Section 11 Of A&C Act To Appoint A New Arbitrator: Madhya Pradesh High Court Case Title: M/s Om Sai RK Constructions Pvt. Ltd. versus M/s Forsight Infractech Pvt. Ltd. Case Citation: 2022 LiveLaw (MP) 135 The High Court of Madhya Pradesh has ruled that once the appointment of arbitrator is void ab initio and the arbitrator is ineligible by virtue of Section 12 (5) of the Arbitration and Conciliation Act, 1996 (A&C Act), then the procedure prescribed...

Madhya Pradesh High Court Monthly Digest: May 2022 [Citations 132 - 153]

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