Judgments - Madhya Pradesh High Court
Mohamad Ibrahim Vs. Shri R. K. Mishra
Law laid down - 4. Jurisdiction under Article 215 of the Constitution shall not be exercised to make provision of Section 20 of Contempt of Court Act, 1971 otiose nor Section 20 be interpreted strictly to render power under Article 215 of the Constitution nugatory. Article 215 of the Constitution and Section 20 of Contempt of Court Act is to be construed harmoniously and only in exceptional or blatant case of contempt High Court shall exercise power beyond period of one Full Judgment
Smt. Chetna Dholakhandi and Others vs. State of MP & Others
Law laid down - (1) No petition shall be entertained under Section 178 of MP Land Revenue Code unless it is supported by affidavit of the party/parties stating that no title dispute is in existence regarding the land in question. Full Judgment
(1) Smt. Guddi Rawat (2) Virendra Rawat Versus State of MP
Law laid down - (1) As Section 306 of IPC makes abatement of commission of suicide punishable, therefore, for making a person liable for an offence punishable under Section 306 IPC, it is a duty of the prosecution to establish that such person has abated the commission of suicide and for the purpose of determining the act of the accused it is necessary to see that his act must fall in any of the 3 categories as enumerated under Section 107 of Full Judgment
Smt. Indira Chaurasia (deceased) through LRs vs. Director, Krishi Upaj Mandi Samiti & others
Law laid down - (1) Where dispute exists between plaintiff and Krishi Upaj Mandi with regard to boundary wall and no any agricultural land is involved, therefore no relief could be sought against the State and provisions of Order 6 Rule 4(a) of CPC shall not be attracted. Full Judgment
M/s. Dyna Chem Proprietor Mahesh Kumar Punjabi Versus Jaipaldas Punjabi
Law laid down - (1) By no stretch of imagination can it be said that if the two suits are consolidated, it would save valuable time and energy of the court and the parties because in the suit for eviction, only judgement is to be declared whereas in the suit of declaration the entire evidence is still to be led by the parties which is likely to take sufficiently long time in the present scenario of COVID-19. In the considered opinion Full Judgment
Praveen Garg vs. State of Madhya Pradesh and two others
State of M.P. Vs. Nandu @ Nandkishore Gupta
Saroj Dehariya Vs. The State of Madhya Pradesh and others
Law Laid Down:- The intention behind enacting the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 as well as the Rights of Persons with Disabilities Act, 2016 is to give a succour to those upon whom the destiny has inflicted various kinds of disabilities and to provide them an opportunity to participate in the social milieu like any other able bodied person. Despite progressive steps taken by the Courts and the initiatives taken by the Government, the Full Judgment
Mohammad Sultan Khan Vs. Union of India & Ors.
Law laid down - Article 226 of the Constitution – Judicial review of contract matter – Law summarised- if the decision making process is shown to be arbitrary, unreasonable and hits Wednesbury principles, interference can be made. Clause 8 of the NIT – The bidder was required to furnish informations regarding the vehicle to be provided by him. The respondent No.4 has not filled up relevant entries of the prescribed form and did not file relevant documents along with his tender. The Full Judgment
Kamleshwar Dixit vs. State of M.P. and others
Law laid down - 1) Section 3 - NSA Act, 1980- The facts situation and “pressures of the day” are relevant factors for examining the validity of a detention order. In a pandemic-like situation, one incident of black marketing of an essential drug can be sufficient to invoke the detention law. 2) Detention order – Indisputably, para 4 of the detention order is erroneously pasted from elsewhere. There is no basis of the said para – The Doctrine of Severability was applied Full Judgment
Nagendra Singh and another Vs. State of Madhya Pradesh and others
Law laid down - As per context of Clause 16(8) of Food Control Order, 2015, Collector is not appellate authority as he is exercising original jurisdiction to form opinion for lodging of prosecution. Full Judgment
Ravi Shanker Chouksey Vs. The State of M.P. and others
Law laid down - Writ of quo warranto can be issued to control executive action in making appointment to public offices. Public office must be office in which public is interested and of substantive importance and character. Writ of quo warranto cannot be issued for employees holding Class III and Class IV position. Full Judgment
Rajesh Versus State of M.P.
ANKIT TIWARI AND OTHERS vs. HIGH COURT OF MADHYA PRADESH & ANOTHER
Law laid down - (i) Publication of key answers along with the result of the test is desirable in the interest of fairness and that correctness of key answers should be ascertained from the standard and prescribed text books and not merely on the basis of inferences. (ii) In a competitive examination candidates cannot be made to suffer on account of the errors committed by the examining body and to avoid any such gross injustice, re-evaluation can be directed. (iii) Such re-evaluation and Full Judgment
Pramod Kumar Lihkhar Vs. State of Madhya Pradesh
Law Laid Down - While framing a charge, the Court is expected to apply its mind to the entire record and documents placed therewith before the Court. No meticulous examination of evidence is needed for considering whether the case would end in conviction or not. However, the Court is required to consider and apply its judicial mind, whether the allegations taken as a whole will, prima facie constitute an offence and if so, whether continuation of proceedings is an abuse of Full Judgment
Smt. Prembai Versus State of Madhya Pradesh and others
Law laid down:- Medical Board opined that the victim has history of delayed milestone, poor understanding, poor self-care, inabilities to speak, drooling of saliva since childhood. The Medical Board further opined that on examination, it was found that patient is unable to take care of self, her hygiene is very poor and her intellectual abilities are poor. In view of these factors, patient was opined to suffer from SEVERE MENTAL RETARDATION WITH BEHAVIORAL PROBLEMS. The Medical Board was further of the Full Judgment
Suzlon Energy Limited & another Vs. State of M.P.
Sanjay Jain Vs. The State of MP & Ors.
Law Point - Service Law-Clause 22 of the Contract - Deeming provision of termination on remaining absent for more than one month-The principles of natural justice must be read into the provision. The Clause-22 is interpreted by taking into account the similar provisions of standing orders etc. Fair Play and Reasonableness -The procedure adopted by employer must be just fair and reasonable. Moreso when its impact is on the right of livelihood of a person. Validity of order-Judicial Review -The validity of an order Full Judgment
Sonu Bairwa Vs. State of M.P. & Ors.
Law Point - National Security Act, 1980 – Section 3(2) – It can be invoked in three contingencies and a citizen can be detained: i) for preventing him from acting in any manner prejudicial to the security of State. ii) for preventing him from acting in any manner prejudicial to the maintenance of public order. iii) for preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. Interpretation of Statute – Use of “Explanation” – Explanation Full Judgment
Smt. Kantabai w/o Ashok Bhandari Versus The State of Madhya Pradesh
Law laid down - Section 82 (4) of Criminal Procedure Code for declaring an accused as a proclaimed offender is identical to Section 82 (1) of the Code. The only difference is the penal provisions for the same as provided under s.174A of IPC. The general principle that Lavesh v. State (NCT of Delhi) reported as (2012) 8 SCC 73 lays down is that for the purposes of an anticipatory bail, a proclaimed offender also includes an offender or a proclaimed Full Judgment