Judgments - Madhya Pradesh High Court
Kamal Khare Vs. The State of M.P. and others
Arun Parmar Vs. State of Madhya Pradesh and others
Bhopal Cooperative Central Bank Maryadit Bhopal and others Vs. State of Madhya Pradesh and others
IN REFERENCE (SUO MOTU) Vs UNION OF INDIA AND OTHERS - 19/04/2021
Kalla alias Surendra Jat Versus State of Madhya Pradesh and others
Law laid down:- 1. Preventive detention is devised to afford protection to society. An act, affecting public order may have ramifications over law and order and security of the State at the same time. 2. Liberty of an individual is to be reconciled with collective interest of the community so that Public Order, Social Peace and overall Development of the Area may not be sacrificed at the altar of Lawlessness, Misgovernance and Private Retribution. 3. Crime and Disorder are strongly interrelated, therefore, Broken Full Judgment
Satyanarayan Sharma & Anr. vs. State of M.P.
M/s Om Trading Company Vs. Deputy Commissioner of State Tax and others
Kundan Mukati S/o. Badrilal Mukati. V/s. State of M.P. & others
Sonu Jain, Jiwan and Santosh vs. State of M.P.
Law laid down - Section 302/304 Part-II Indian Penal Code - Single blow- As a Rule of Thumb, it cannot be said that in no case of single blow or injury, accused cannot be convicted under Section 302 of IPC. In cases of single injury, the facts and circumstances of each case have to be taken into consideration before arriving at the conclusion whether the accused should be appropriately convicted under Section 302 or under Section 304 Part-II of IPC. Section 302 Full Judgment
D.K. Mishra vs. Hon'ble High Court of M.P. and another
Law laid down - (i) Under Rule 42 of the M.P. Civil Services (Pension) Rules, 1976, a Government servant who had elected for voluntary retirement can withdraw his election subsequently with the specific approval of the authority and no absolute right exists in favour of such Government servant but the discretion given to the authority under Rule 42(2) is to be exercised “ön consideration of the circumstances of the case” and on the objective application of mind. Hence, the authority can Full Judgment
Madan Mohan Shrivastava vs. Additional District Magistrate (South) Bhopal and others
Law laid down - (i) Section 13(4) of the Securitisation Act permits the secured creditor to take recourse to the measures prescribed therein to recover the secured debt. One such measure is to take possession of the secured asset. Section 14 of the Act gives remedy to the secured creditor to obtain possession of the secured asset by approaching the District Magistrate. Hence, the action of the District Magistrate under Section 14 is in furtherance of the provision contained under Section Full Judgment
Rachna Mahawar vs. The District Magistrate and others
Law laid down - The power under Section 14 of the Securitisation Act can be exercised by the Additional District Magistrate also. The nature of power exercisable under Section 14 of the Act is to facilitate taking over of possession of secured assets and not to decide any contentious issue. Section 37 of the Act specifically provides that application of any other law for the time being in force is not barred. Section 20 of the Cr.P.C. reflects that the Additional Full Judgment
Pratha Rajak vs. Dr. Harisingh Gour Vishwavidyalaya & others
Law laid down - If a candidate takes a calculated chance and appears in the selection process then being unsuccessful, he cannot challenge the process. After participating in selection process without any objection and when the process is over, a candidate is estopped from challenging the brochure condition and condition of admission relating to sports quota. Full Judgment
Vishnu & Ors. Vs. The State of Madhya Pradesh & Ors.
Om Prakash Sharma Vs. State of M.P. and another
Law laid down:- (1) The guidelines laid down for the Magistrates for adjudication of application u/S.156(3) Cr.P.C. complaining about delayed/improper investigation filed along with complaint u/S.200 Cr.P.C. (2) The complaint u/S.200 Cr.P.C. filed along with 156(3) application need not be kept pending owing to bar contained in Sec.210 Cr.P.C. for more than 60/90 days or any other longer period statutorily provided on expiry of which the police fails to file the final report u/S.173(1) Cr.P.C. (3) On failure of police to file final Full Judgment
Kan Singh, Ratan Singh & Ors. Vs. State of MP & Ors.
Sinnam Singh vs. State of MP and Ors.
Himanshu Kuril S/o Vasudev vs. State of Madhya Pradesh
Law laid down - Appellant convicted by trial Court under Section 302 of IPC. The question was whether there was intention to cause death ? Appellant had dealt knife injuries on the thigh of the deceased resulting in his death and before inflicting knife injuries, had told the deceased that “ आज मैं तेरा हिसाब कर देता हूँ ” (“today I will settled the score with you”). After the incidence, he called (PW/2) on Mobile saying that “आज मैंने नीरज को निपटा Full Judgment
Health Care Medical Devices Pvt. Ltd. Vs. MP Public Health Services Corp. Ltd., & Anr
Law laid down - Blacklisting and debarment-it has drastic impact on the contractor - Thus, such a drastic action can be taken by following “due process”. Issuance of a notice by which contractor can gather the nature of allegations and intended action to be taken is must. The order of blacklisting/debarment cannot be passed unless such an action is proposed in the show cause notice or it can be clearly inferred by reading of notice that such an action was proposed. The Full Judgment
Hindustan Petroleum Corporation Ltd & another Vs. Kailash Chandra
Law laid down - Alternative Remedy-Article 226 of the Constitution and Industrial Disputes Act 1947 - The respondent employees were “workmen” and appellant Corporation is an 'industry' within the meaning of ID Act, 1947. The employer contended that writ petition could not have been entertained and respondents should have been relegated to avail the remedy under the ID Act. The contention is not accepted because (i) the punishment orders under question before the learned Single Judge were based on admitted documents of Full Judgment