Judgments - Madhya Pradesh High Court
Arun Kumar Pandey Vs. State of Madhya Pradesh & Others
Law laid down - ➢ Merely registration of the FIR and offence by the Lokayukt Establishment would not debar the petitioner because the judicial proceedings have not deemed to be instituted on the date of attaining the age of superannuation by the petitioner. ➢ The Governor is having the right to withhold or withdraw the pension or part thereof in the contingencies specified in Rule 9(1), in case an employee is found guilty of grave misconduct or negligence committed by him during the Full Judgment
Nitin Singhal Vs. Purushottam Chugh & Another
In Reference Received from Second Addl. Sessions Judge, Chhatarpur Vs. Bhagchandra
Bhagchandra Vs State of Madhya Pradesh
Law laid down - (i) Evidence of related eye-witnesses can be relied upon for conviction. (ii) Non-compliance of Section 157 of Cr.P.C. cannot prove fatal for the prosecution if the case is duly established against the accused. (iii) Keeping in view the heinous and brutal nature of murder of more than one person, now-a-days death sentence is essential. Full Judgment
Dinesh s/o Ram Kishore Vyas Vs. The State of Madhya Pradesh
Law Laid Down - Generally, the police is blamed for delay and indifferent manner but if the police officials have acted in the manner, which is expected of them, it cannot be said that the appellant has been falsely implicated. Full Judgment
Sardar Singh & Anr. Vs. Shaitan Singh & Others
Law laid down - As per Section 3 of Court Fees Act r/w Section 4 of the Suit Valuation Act, the plaintiff was bound to value the suit for the purpose of jurisdiction in accordance with its market value (2001 (5) MPHT 374) is followed. The decision of earlier Coordinate Bench, unless distinguished by Division Bench, is binding on the Bench of similar strength. Since the provisions of Suit Valuation Act and judgment of Kalyan Das was not considered in two later judgments of Full Judgment
N.M. Shrivastava Vs. Central Bureau of Investigation
Law Laid Down - Criminal proceedings initiated against the petitioners are not for violating the orders passed by the Supreme Court but as a factor to determine conspiracy in scheduling the second counselling for the extended period and permitting the candidates to be admitted on the last date. Thus, fixing of schedule by the petitioners cannot be an honest and bona fide exercise of administrative action but it is shaded with suspicion as it was not modified even when their attention Full Judgment
Dr. Vijay Kumar Pandya Vs. Union of India through CBI
Law Laid Down - Grant of anticipatory bail is to be considered in view of the grave accusation levelled against the accused and therefore, may be one of the petitioner is a senior citizen aged 70 years and suffering ailments, would not entitle him to concession of anticipatory bail. The modus operandi and gravity of accusation involving same crime number and almost similar allegations, as discussed in detail in the order passed in MCRC No.24600/2017 (Dr. Divya Kishore Satpathi vs. CBI) and connected Full Judgment
Dr. Divya Kishore Satpathi Vs. Central Bureau of Investigation
Law Laid Down - The action or inaction of the petitioners, who were running the medical colleges has denied admission to the large number of more meritorious candidates, who were, in fact, entitled to admission and thus, leading to their frustration. The entire process would be antithesis of the rule that the students should be admitted only on merit. The petitioners may not be an accused of taking life of a person but if the allegations are proved, they cannot commit more Full Judgment
Udaipur Beverages Vs. The Commissioner of Commercial Tax Madhya Pradesh
Pawan Kumar Saraswat and another Vs. State of Madhya Pradesh and others
Gyan Prakash Patel Versus State of M.P. & Others
Law laid down - Constitution of a Gram Panchayat, Nagar Parishad and Municipal Council is a legislative function and the principles of natural justice would not be applicable. The maxim audi alteram partem does not become applicable to the case by necessary implication. The courts cannot interfere on the said ground in exercise of power of judicial review. Full Judgment
Smt Roopa Shukla Vs. Shyamsharan Dubey and others
Sheru @ Mahendra Singh & Ors. Vs. State of Madhya Pradesh
Prasanna Kumar and another Versus State of M.P.
Law laid down - None explanation of injuries to the accused or to the deceased with a particular weapon is not always fatal, if there is specific ocular evidence. Section 149 of IPC makes every member of an unlawful assembly at the time of committing the offence guilty of that offence on the principle of constructive liability. In the case of inconsistency between medical evidence and ocular evidence priority has to be given to ocular evidence ignoring the minor discrepancies. Full Judgment
Amar Singh Kamria and Ors. Vs. State of M.P. & Anr.
Law Laid Down - 1. An application u/s 319 Cr.P.C is entertainable only when implicative evidence (documentary or oral) having probative value more convincing than grave suspicion is brought on record during trial. The other pieces of evidence which have already been brought on record between the stages of taking cognizance and the commencement of trial can be used only for corroborative purpose. Meaning thereby that if any evidence is considered during the investigative process and is not brought on record Full Judgment