Judgments - Madhya Pradesh High Court
Nandkishore s/o Ganesh Ram Meghwal Versus The State of Madhya Pradesh
Law laid down - In case of issuance of summons/warrants against government employee/officer, the prosecution fails to procure their presence in Court, their salary/pension, as the case may be, can be withheld, if it is found that the government official is avoiding the summons/warrants. Full Judgment
Sonu @ Vikas Bhandari Versus The State of Madhya Pradesh
Law laid down - The order dated 12.05.2020 passed by the Gwalior Bench of this Court in the case of Balveer Singh Bundela v. State of Madhya Pradesh (Miscellaneous Criminal Case No.5621/2020) cannot be followed in the light of the subsequent order passed by the Division Bench of this court passed in the case of Arif Masood v. State of Madhya Pradesh passed in Miscellaneous Criminal Case No.45501/2020 dated 27.11.2020. Judgments referred to: (1) Lavesh v. State (NCT of Delhi) reported as Full Judgment
Rajabeti Sakhwar and others Vs. Darshanlal Sakhwar and others
Omnarayan Sharma Vs. State of M.P. & Ors.
Law laid down:- (i) Legal Services Authorities Act, 1987 and NALSA (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015 gives wide scope to the State Authority & District Authority to file appropriate legal proceedings to ensure that the complainant/beneficiary receives the benefit under the NALSA (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015. Appropriate legal proceedings include private complaint, complaint before Lokayukt and to file petition under Article 226 of the Constitution of India as Public Interest Litigation; (ii) As per the Full Judgment
State of M.P. Vs. Anil Sharma and others
Ashok Vs. Smt. Gyan
Law laid down - Compliance of under Order 21 Rule 34 of CPC. 8. ...............So far as the compliance of Order 21 Rule 34 of CPC is concerned, it was necessary, had there been no representation at all in the Executing Court, however, when the order-sheet itself reveals that the judgment debtor appeared before the Court through her Counsel Shri Ratnesh Pal on 04.10.2019, and thereafter vanished from the scene, there is no point in again sending a notice to the judgment Full Judgment
Curewin Pharmaceuticals Pvt. Ltd. vs. Curewin Hylico Pharma Pvt. Ltd.
Law laid down - 1) Section 12-A of Commercial Courts Act, 2015 - The provision is clear and unambiguous that a suit which is not pregnant with any such interim relief under the act cannot be instituted unless the plaintiff exhausts the remedy of pre-institutional mediation (para no.11). 2) Section 12-A of Commercial Courts Act, 2015 - The purpose of insertion of section 12-A is to encourage the parties to try and resolve their disputes amicably in mediation process. But Commercial Court Full Judgment
Amit Dwivedi s/o Sheshmani Dwivedi vs. State of Madhya Pradesh
R.K. Akhande vs. Special Police Establishment, Lokayukt, Bhopal and another
Law laid down - 1. Direction by the Magistrate to give voice sample during investigation does not violate Article 20(3) of the Constitution of India. 2. Article 20 of the Constitution of India extends certain protection to a person in respect of the conviction for offence and sub-clause (3) thereof provides that no person accused of any offence shall be compelled to be a witness against himself. The protection extended by Article 20(3) is only to the extent of being written against Full Judgment
Karan Singh Vs. State of M.P.
Law laid down - 1 (i) Whether the sentence of life imprisonment awarded to the appellant means actual sentence of 14 years or 20 years ? Ans: Section 53 of the IPC provides for sentence of imprisonment of life and the definition of life as contained in Section 45 makes it clear that life means the life of human being till he breath his last. A sentence for imprisonment of life will run for the entire life of the convict unless the Full Judgment
Laxman Singh Baghel Vs. State of M.P. & Anr.
Law laid down:- Disqualification contemplated u/R.6(6) of the Madhya Pradesh Civil Services [General Conditions of Services] Rules 1961 is to be adjudged for the purpose of appointment and therefore even if the candidate had not incurred disqualification u/R.6(6) of 1961 Rules on the last date of submission of application forms but thereafter incurred disqualification before being appointed, the candidate would still be disqualified for being appointed. Full Judgment
Shrishti Infrastructure Development Corporation Limited Vs. The State of Madhya Pradesh and others
Law laid down:- 1. Scope of jurisdiction of the High Court in the matter of award of contracts by the Government and its instrumentalities - Held - evaluation of tenders and awarding of contracts are essentially commercial functions and principles of equity and natural justice stay at a distance in such matters. If the decision relating to award of contract is bona fide and is in public interest, the courts will not interfere by exercising power of judicial review even if Full Judgment
Smt. Dipika Shukla vs. Ashish Shukla
Sunil Versus The State of Madhya Pradesh
Hirdesh Sahu s/o Jagdish Sahu Versus The State of Madhya Pradesh
Law laid down - The examination of the witness shall be held as expeditiously as possible; and the same shall be continued on day to day basis till its conclusion. The Judge ought to have seen the sensitivity of the matter and should not have given such long date for the purposes of cross[1]examination which has led to the material witness turning hostile, seriously jeopardizing and undermining the efforts made by the police officers to bring home the charges against the accused Full Judgment
UNION OF INDIA AND OTHERS Versus M/S S.R. FERRO ALLOYS
Law Laid Down:- Railways Act, 1989 – Sec. 73 (Punitive charge for overloading a wagon), Sec.74 (Passing of property in the goods covered by railway receipt), Sec. 79 (Weighment of consignment on request of the consignee or endorsee); Railway (Punitive Charges for Overloading of Wagon) Rules, 2005 - Rule 3 (Punitive charges for overloading) – Questions (A) Whether the weighbridge at the point of re-weighment was defective at some point of time earlier and therefore, the claim of the Railways was Full Judgment
Yatindra Verma Vs. State of MP & Ors.
Law laid down - (1) Article 22(5) of Constitution of India - The right of detenu to represent against detention order is a valuable and constitutional right, violation of which can make the order of detention as illegal. (2) Constitution of India - Preventive Detention – is duly recognized in our constitutional scheme. The Constituent Assembly composed of politicians, statesman, lawyers and social workers who had experienced the imprisonment owing solely to their political beliefs resolved to put Article 22, Clause 3 Full Judgment
Mahip Kumar Rawat Versus Shri Ashwini Kumar Rai & Ors.
Law laid down:- (i) Concept of award of back wages is based on the fundamental principle of compensating the workman for the period he remained unemployed owing to termination which was found to be unlawful at subsequent point of time. Thus, the back wages, if to be worked out based on wages, it would have been drawn by the workman till he actually reinstated; (ii) Any contrary approach to back wages after reinstatement would be opposed to the principle of Public Policy Full Judgment