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Madhya Pradesh High Court (Single Judge)

Bharat Singh Batham Vs. Life Insurance Corporation of India and others

WRIT PETITION, 14571 of 2020, Judgment Date: Mar 16, 2021

Full Judgment

Madhya Pradesh High Court (Single Judge)

Rajendra vs. State of MP and Anr.

CRR, 693 of 2020, Judgment Date: Mar 16, 2021

Full Judgment

Tags Murder
Madhya Pradesh High Court (Single Judge)

Makhan Prajapati vs. State of MP

MCRC, 4055 of 2021, Judgment Date: Mar 15, 2021

Law laid down -  Merely submission of royalty cannot absolve the owner of the vehicle from his liability. It is the common feature that unless it is permitted by the owner of the vehicle, no driver can transport the sand by the owner's vehicle. Moreover, deposit of penalty prima facie reflects consent of the owner of the vehicle and non-rebuttal by the owner to imposition of penalty shows implied consent of the owner with regard to illegal transportation of sand in Full Judgment

Madhya Pradesh High Court (Single Judge)

Jaya Chakravarti Versus State of M.P & others

WRIT PETITION, 17603 of 2020, Judgment Date: Mar 12, 2021

Full Judgment

Madhya Pradesh High Court (Single Judge)

INDAL SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS

WRIT PETITION, 5590 of 2021, Judgment Date: Mar 10, 2021

Full Judgment

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Surendra Kumar Shivhare Vs. State of M.P. & Ors.

WRIT PETITION, 11693 of 2020, Judgment Date: Mar 09, 2021

Law Laid Down:-  (1) The power u/R.20(2) M.P. Sand (Mining, Transportation Storage and Trading) Rule, 2019 cannot be exercised without affording reasonable opportunity of being heard to the alleged illegal transporter on three aspects i.e. (i) whether material alleged to be unlawfully transported is sand or not (ii) whether the illegal transporter holds valid Electronic Transit Pass (ETP) or not and (iii) whether sand being transported is in excess of the amount of sand permissible in ETP. (2) Proviso placed at the Full Judgment

Tags Punishment
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

M/s.Mold Tek Packing Pvt. Ltd. Vs. S.D.Containers

CS, 1 of 2021, Judgment Date: Feb 27, 2021

Law laid down -  Section 22 (4) of the Designs Act, 2000 – Civil Suit – Civil Suit is directed to be decided by Indore Bench of High Court by judgment of Supreme Court dated December 01, 2020. The parties have taken diametrically opposite view as to which bench can try the said civil suit. The plaintiff urged that civil suit needs to be decided by a commercial appellate division constituted u/S.5 of the Commercial Courts Act, 2015 whereas other side Full Judgment

Tags Copyright
Madhya Pradesh High Court (Single Judge)

M/s. HCL Technologies Limited Vs. Madhya Pradesh Computerization of Police Society (MPCOPS)

Arbitration Case, 38 of 2020, Judgment Date: Feb 26, 2021

Law Laid Down:- Appointment of Arbitrator u/S 11(5) and (6) of the Arbitration and Conciliation Act, 1996 – Arbitration Clause 1.23 (Dispute Resolution) and sub-clause (a) whereof stipulating to first exhaust the inhouse mechanism of dispute resolution – Governance Procedure in Clause 2.5.3 of the Agreement does not provide issuing disputed notice in a particular format - Applicant invoked Clause 1.23 of the Agreement proposing the name of arbitrator to resolve the dispute – Non-applicant failed to respond to the request Full Judgment

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Yashwardhan Raghuwanshi Vs. District & Sessions Judge and another

WRIT PETITION, 19656 of 2020, Judgment Date: Feb 26, 2021

Law Laid Down:- As seen from the language employed in the definition clause of “Court” in Section 2(1)(e) of the Arbitration Act and Conciliation Act,1996, the Legislature intended to confer power in respect of the disputes involving arbitration on the highest judicial Court of the District so as to minimize the supervisory role of the Courts in the arbitral process and, therefore, purposely excluded any Civil Court of a grade inferior to such Principal Civil Court, or any Court of Small Full Judgment

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Balram Malviya Versus The State of M.P. and others

WRIT PETITION, 20761 of 2020, Judgment Date: Feb 26, 2021

Full Judgment

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Kuldeep Choudhary @ Kuldeep Yadav & another Vs. State of Madhya Pradesh

Criminal Appeal, 585 of 2014, Judgment Date: Feb 26, 2021

Law laid down - Section 32(1) of Indian Evidence Act, 1872 - If nature of injuries found on the person of deceased were not grievous in nature and were not sufficient to cause death, oral dying declaration/statement given by him does not fall within the ambit and scope of “dying declaration” envisaged in Section 32(1) of the Act. The Court needs to examine carefully whether injuries on the person are sufficient to cause death and this depends on the factual matrix Full Judgment

Madhya Pradesh High Court (Single Judge)

Smt. Kamla @ Sarla Yadav Vs. State of MP

MCRC, 10898 of 2021, Judgment Date: Feb 25, 2021

Full Judgment

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Mohammad Azad Versus State of Madhya Pradesh & Others

WRIT PETITION, 1302 of 2021, Judgment Date: Feb 24, 2021

Law Laid Down:- (1) Madhya Pradesh Municipalities Act, 1961 - Section 29 (Determination of number and extent of wards and conduct of elections) – Section 29-A (Reservation of Seats) & Madhya Pradesh Municipalities (Reservation of Wards for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women) Rules, 1994 - Rule 3 (First time reservation of wards) – Election for the post of Councillor in Municipal Council - WHETHER – Ratio of reservation of seats for Scheduled Castes, Scheduled Tribes and Other Full Judgment

Madhya Pradesh High Court (Single Judge)

Shreeram Sharma v. The State of M.P. and Anr.

MP, 3423 of 2020, Judgment Date: Feb 23, 2021

Full Judgment

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Krsnaa Diagnostics Pvt. Ltd. Vs. State of Madhya Pradesh & Ors.

WRIT PETITION, 16878 of 2020, Judgment Date: Feb 22, 2021

Law laid down -  Article 226 of the Constitution and Clause-17 of NIT - contractual matters – Notice inviting tender – Cancellation of NIT based on the relevant Clause permitting the Department to cancel the NIT without assigning reason is not beyond the scope of judicial review. Judicial review – In contractual matters also the Court can examine following factors:- (i) Whether decision making authority has exceeded its authority? (ii) Whether he committed any error of law? (iii) Whether rules of natural justice Full Judgment

Tags Tenders
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Praveen Muraka S/o Shri Gokuldas Murarka vs. Bhama Enterprises India Pvt. Ltd. & Anr.

MA, 2488 of 2020, Judgment Date: Feb 16, 2021

Law laid down -  The Designs Act, 2000 – It seeks to provide and ensure effective protection to registered designs. It is also required to promote design activity in order to promote the “design element” in an article of production. Section 4 of Designs Act- A plaintiff can institute a suit impugning the other product if the said product is neither new nor significantly distinguishable. Section 4 of Designs Act – The test to examine whether the impugned product is 'new or original', Full Judgment

Tags Copyright
Madhya Pradesh High Court (Single Judge)

Ranjit alias Bhaiyu Mohite Vs. Smt. Nandita Singh & Ors.

2692 of 2020, Judgment Date: Feb 16, 2021

Full Judgment

Tags Will
Madhya Pradesh High Court (Single Judge)

Ram Karan Dwivedi Vs. State of M.P. and others

WRIT PETITION, 9186 of 2006, Judgment Date: Feb 11, 2021

Law Laid Down :- Constitutional Court while exercising its jurisdiction of judicial review under Article 226 of the Constitution would not normally interfere where the enquiry was held by competent authority and where the rules of natural justice were followed or where the finding arrived at by the authority are based on evidence. The Court although cannot sit in appeal over the findings recorded by the Disciplinary Authority or the Enquiry Officer in a departmental enquiry, it does not mean that Full Judgment

Madhya Pradesh High Court (Single Judge)

GANESH AND ANOTHER VS. SMT. INDU BAI AND ANOTHER

MP, 2679 of 2020, Judgment Date: Feb 10, 2021

Law laid down -  Tribunal constituted under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, can order eviction of person who is in unauthorized occupation/forcefully occupied the property of parent or senior citizen, if it is necessary and expedient to ensure maintenance and freedom of senior citizen and parents. Full Judgment

Tags Eviction
Madhya Pradesh High Court (Single Judge)

Rupendra Joshi Vs. Municipal Corporation, Gwalior

MP, 2711 of 2020, Judgment Date: Feb 10, 2021

Full Judgment