Judgments - Madhya Pradesh High Court
Dilip Sisodia vs. State of M.P. and others
Law laid down - 1. Section 3 of National Security Act, 1980 (NSA Act) – Petition under article 226 of the Constitution of India – Challenge to the order of detention at preexecution stage – Scope is limited and can be called in question if (i) that the impugned order is not passed under the Act under which it is purported to have been passed, (ii) that it is sought to be executed against the wrong person, (iii) that it is Full Judgment
NAGRIK UPBHOKTA MARGDARSHAK MANCH THROUGH ITS PRESIDENT DR. P.G. NAJPANDE AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS
Kirat Lodhi Vs State of Madhya Pradesh & others
Law laid down - (1). Writ Petition challenging the acquisition proceeding under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 cannot be entertained after lapse of sufficient time and can be dismissed on ground of delay and laches – Notification under Section 11 of the Act, 2013 was issued in the year 2018 and pursuant thereto, the award was passed on 05.03.2020, but challenging the said acquisition proceeding, the writ petition Full Judgment
Ojef Khan Vs. State of M.P.
Law laid down - Preliminary assessment by Juvenile Justice Board as to whether a Juvenile ought to be tried by Children Court under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 – Assistance of experienced psychologists or psycho social workers or other experts whether mandatory. Held - ‘Yes’. The word ‘may’ in proviso to Section 15(1) of the Act of 2015 would have to be read as ‘shall’. The word “other experts” in the proviso to Section 15(1) Full Judgment
Amar Singh and three others Versus The State of Madhya Pradesh
Chironjilal Kushwah Vs. State of Madhya Pradesh
Law laid down:- 1. Clause 16 of M.P. Public Distribution System (Control) Order, 2015 does not contemplate opportunity of hearing before registration of F.I.R. to the police. It contemplates opportunity of hearing before proceeding for suspension or revocation of shop allotment and not for registration of F.I.R. 2. Section 2 (i a) of the Essential Commodities Act 1955 refers definition of Collector which includes Additional Collector and such other officers not below the rank of Sub-Divisional Officer and since in exercise of Full Judgment
M/s.Shanti Construction Vs. M/s.Aavantika Gas Ltd & Ors.
Law laid down - 1. Constitution of India – Article 12 – Whether Avantika Gas Ltd (AGL) is an instrumentality/authority and amenable to writ jurisdiction of High Court. As per averments of reply of AGL - it is a public company limited - a joint venture of two PSUs namely GAIL and HPCL - government does not hold share in AGL “directly” - government has no pervasive/deep control in the “day to day affairs” of AGLgovernment has no direct share holding Full Judgment
Swaran Vibha Pandey Versus State of M.P. and others
Law laid down - A Rules in nature of administrative instructions without any statutory force, cannot be said to be enforced by maintaining a writ petition under Article 226 of the Constitution of India. Administrative action - Executive Instructions, if are in conflict with statutory provisions, the later will prevail. But in absence of any conflict, both will prevail. Any departmental letter or executive instruction cannot prevail over statutory rule and constitutional provisions. Full Judgment
Ranchod Jirati Versus The State of Madhya Pradesh
Shramik Janta Sangh & Ors. Vs. State of MP & Ors.
State of M.P. v/s. Irfan & Anr.
Law laid down - Held: Conviction and sentence of appellants under Section 376(DB) of IPC – (i) Prosecutrix, a child of seven years of age was proved to have been subjected to violent gang rape by appellants and prosecutrix was also inflicted life-threatening injuries. (Significant paragraph nos. – 46 to 51) (ii) Conviction under Section 376(DB) of IPC and sentence of hanging by trial Court – Affirmed – Sentencing Policy Discussed – Legislature has imposed death penalty in incidents of child sexual abuse Full Judgment
Shailesh Kumar Sonwane Vs. State of M.P. and others
Balram Dhakar vs. State of M.P. & Ors.
Ravi @ Toli Vs. State of M.P.
M/s. Upadhyay Constructions Pvt. Ltd. and others. Vs. M/s. Prism Infra Projects and others.
Law laid down - Madhya Pradesh High Court is not Principal Civil Court of original jurisdiction under Arbitration and Conciliation Act, 1996, therefore, appeal under Section 37(2) of Arbitration and Conciliation Act, 1996 will lie before Principal Court of original civil jurisdiction i.e. before District Judge or Additional District Judge. Full Judgment
In. Ref. (Suo Moto) Vs. Yogesh Nath @ Jogesh Nath
Yogesh Nath @ Jogesh Nath Vs. The State of MP
Suresh Kumar Kurve Vs. The State of Madhya Pradesh and others
Law laid down - 1. Non-grant of increment during period of suspension does not amount to penalty as increments are paid for period spent on duty in a time-scale. During suspension delinquent employee is not on duty, therefore, non-grant of increment during suspension will not amount to penalty. 2. Obiter is not binding but ratio decidendi have binding precedent. Full Judgment