Judgments - Madhya Pradesh High Court
J.B.S. Chandel Vs. State of M.P.
Law laid down - The object of giving protection under Section 197 of the Code of Criminal Procedure-- To take sanction for initiating prosecution against public servant for protecting them from needless harassment so as to render protective assurance to honest officer to perform public duty honestly and to best of their abilities because threat of prosecution demoralises the honest officer. Real test to determine applicability of Section 197 of Cr.C.P. and obtaining sanction from the Government are:- (i) That the accused must be a Full Judgment
State of M.P. and others Vs. Ku. Preeti Patidar and others
Law laid down - S.89 and 92 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993: An amount cannot be directly recovered under Section 92 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam unless the same is determined under Section 89 of the same. This is for the reason that without determining the amount, if the notice under Section 92 is served on a person, the amount cannot be said to be due on the date of its recovery because Full Judgment
Saurabh & another Versus State of M.P. & Ors
Law laid down - M.P.Public Trusts Act, 1951. 1. The question which is posed in the present petition is that whether the Registrar Public Trust can pass an order of such a nature removing two trustees and directing the trust to conduct the election by appointing two new trustees. (Para-9). 2. A perusal of the provisions i.e. S.22,25 & 26 of the Act, it clearly reveal that if the vacancies have occurred in the Board, it can be filled through the procedure as Full Judgment
M/s. Rajpal Construction Co. Vs. The State of M.P. and Ors.
Law laid down - Held:- 1. The jurisdiction of the High Court under section 19 of the Act of 1983 is limited to the grounds mentioned in Section 19(2) of the Act of 1983. 2. In absence of production of the works contract before the Tribunal, it cannot be decided whether, the parties had obligation to approach the final authority under the works contract. Full Judgment
Jayesh Gurnani s/o Mr. Ravi Gurnani & another v. Madhya Pradesh State Election Commission & others
Law laid down - 1. The sole issue which falls for consideration of this Court is whether the gazette publication regarding reservation of Municipal wards, issued by the State Government on 06.11.2020, meets the constitutional validity, as provided under Article 243-T of the Constitution of India. (Para 23) Held: Considering the provisions of the Act and the Rules in the light of the constitutional provision i.e. Article 243-T, it is found that the provision of rotation of different seats is indeed provided Full Judgment
Shyamlal Vyas (Dead) Vs. Inderchand (Dead)
Oriental College Amarwada, Main Road, Amarwada vs. The State of Madhya Pradesh
Law laid down - The Madhya Pradesh Sah Chikitsiya Parishad Adhiniyam, 2000 and Madhya Pradesh Para Medical Education (Norms and Guidelines for Establishment of Para Medical Institutions) Rules, 2007 and M.P. Ayur Vigyan Vishwavidyalaya Act, 2011 "Vishwavidyalay Act' and Madhya Pradesh Ayurvigyan Vishwavidyalaya (Condition for Colleges/Institutions to admit the Privileges of the University and Withdrawal of such Privileges) Statute, 2013 ('Statute, 2013'). (1) The running of an Institution depends on the recognition and affiliation by different statutory bodies constituted under the said enactments Full Judgment
Canara Bank v. Bank of India & others
Law laid down - 1. The sole question which falls for consideration of this Court is whether the jurisdiction of an Arbitrator to pass the award can still be challenged in the execution proceedings of the award in the Civil court under the provisions of Section 47 of the Code, as according to Section 36 of the Arbitration Act, an arbitral award is to be executed by the Civil Court in the same manner as if it were a decree of Full Judgment
Gayatri Parashar Versus Tulsiram Kori.
Saddam @ Saddu vs. State of MP
Law laid down - 1. There is a clear distinction between theft and robbery, as theft is robbery when there is an element of physical injury or an attempt to cause physical injury or of fear of causing the same. It is also apparent that in the case of robbery, not only the person who voluntarily causes a wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint, is liable to be prosecuted under Section Full Judgment
Gangaram S/o Shri Kanha Ji Versus Commissioner, Indore Division & another
Law laid down - 1. This Court has no hesitation to hold that this Court would have jurisdiction to decide this dispute between the parties and to look into legality and proprietary of the order passed by the District Magistrate, Burhanpur falling within the territorial jurisdiction of Principal Seat at Jabalpur which has been affirmed in appeal by the Commissioner, Indore Division within the jurisdiction of Indore bench of this court. ( Para 8) 2. In case of externment order, it is Full Judgment
Balmukund S/o Ramdevsingh Gautam vs. The District Magistrate & others
Law laid down - 1. M. P. Rajya Suraksha Adhiniyam, 1990- S.8. District Magistrate is not obliged to furnish the copies of all the cases registered against the petitioner and merely mentioning of the crime numbers along with the offences under which those cases have been registered would suffice for the purpose of proceedings under the Adhiniyam. It is for the petitioner to demonstrate that either those cases on which the respondents have relied upon have not been registered against him Full Judgment
Jabalpur Treasure Island Pvt. Ltd. & others v. State of Madhya Pradesh & others
Law laid down - 1. A harmonious reading of sub-section (2), (3) and (4) of S.18 of MSMED Act, 2006 clearly reveals that even if the Facilitation council has acted as a Conciliator, it can still act as an Arbitrator as provided u/s.18(4) of MSMED Act, 2006. 2. Once a notice is served on a party under s.18 of the MSME Act, it would hold good for Conciliation proceedings as also the Arbitration proceedings to be taken up by the Facilitation Council, Full Judgment
Suneel Prakash Sharma & Others Vs. Vivek Kumar Ruthiya & Another
Law laid down - Held: The power under Order XXVI Rule 9 of CPC for appointment of Commissioner can also be exercised in order to ascertain the correct factual position, if the same is not ascertainable on the basis of the oral and documentary evidence. Full Judgment
Manoj Parmar vs. Union of India and others
Law laid down - Held: 1. Section 407 of Cr.P.C. is an assurance of fair trial. 2. A litigant cannot choose a Bench of his choice. It is only an exceptional circumstances, where the existence of “bias” or “likelihood of bias” when apparent on the facts and circumstances of the case, the High Court can invoke its discretionary power under Section 407 of Cr.P.C. In the absence of an allegation of “pre-existing bias”, the power of transfer of a case should normally Full Judgment
Smt. Pushpa Sen vs. Manoj Sen
Law laid down - Held : Appellant-wife filed a petition under Section 9 of the Hindu Marriage Act,1955 for restitution of conjugal rights after filing three different proceedings against the respondent-husband and his relatives. It cannot be said that the respondent-husband has withdrawn the company of appellant-wife without any reasonable excuse and, hence, no decree under section 9 of the Act can be granted. Full Judgment
Roshan and others Vs The State of Madhya Pradesh
Shiv Kumar Singh and another Vs. State of M.P.
Law laid down - For the purpose of invoking the provisions of Section 65 of Indian Evidence Act, 1872, the conditions of Section 63 has to be satisfied first then only secondary evidence can be allowed. Full Judgment