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

M.P. Bus Operator Association Vs. State of M.P.

WA, 653 of 2021, Judgment Date: Aug 09, 2021

Law laid down - 1. Administrative Order – source of power / enabling provision is not shown/reflected in the order – the enabling provision can be brought to the notice of the Court by filing reply. If such reply is filed, that does not mean that a new reason is assigned by filing reply. Non-mentioning or wrong mentioning of enabling provision will not make the order vulnerable if otherwise power of authority can be traced from the relevant statute. 2. Disaster Management Full Judgment

Madhya Pradesh High Court (Single Judge)

Rahul Kumar Vs. State of M.P.

MCRC, 38747 of 2021, Judgment Date: Aug 09, 2021

Full Judgment

Tags Bail
Madhya Pradesh High Court (Single Judge)

Sachin Pathak Vs. State of Madhya Pradesh and others

WRIT PETITION, 15147 of 2019, Judgment Date: Aug 05, 2021

Law laid down - Granting reservation to a woman is a special provision of reservation and would be implemented in the manner in which a horizontal reservation is implemented. The concept of migration from one category to another on the basis of merit may hold good in vertical reservation, but in horizontal reservation the same is not applicable. Full Judgment

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

ANKIT PATEL Vs. THE STATE OF MADHYA PRADESH AND OTHERS

WA, 702 of 2021, Judgment Date: Aug 05, 2021

Law laid down:- Writ Appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 assailing the order passed by the writ court dismissing the petition under Article 226 of the Constitution of India seeking benefit of discount/exemption to the extent of 90% on the motor vehicle tax penalty in terms of Notification dated 02.08.2019 issued by the Transport Department, Govt. of M.P. under Section 21(1) of the M.P. Motor Vehicles Taxation Act, 1991 – Held Full Judgment

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

Munnalal and Jagdish Vs. State of M.P.

Criminal Appeal, 32, 119 of 2011, Judgment Date: Aug 04, 2021

Law laid down - (1) Prosecutrix in a rape case – conviction can be based only on the basis of solitary evidence of prosecutrix but such witness should be of “sterling quality”. Citation relied upon - Krishna Kumar Malik Vs. State of Haryana [(2011) 7 SCC 130] & Rai Sandeep @ Deepu Vs. State (NCT of Delhi) reported in (2012) 8 SCC 21]. (2) While deciding rape case, the Court must also evaluate the impact of such insinuation on a person Full Judgment

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

Rajendra Singh Vs. State of M.P. & Ors

WRIT PETITION, 8613 of 2020, Judgment Date: Aug 03, 2021

Law laid down:- 1. The power of confiscation is not available to be exercised by the Collector in cases of illegal transportation of sand registered under the 2019 Sand Rules. 2. The power of confiscation in cases of illegal transportation of sand registered under 2019 Sand Rules, cannot be borrowed from the repealed 1996 Rules, 2006 Rules or 2018 Sand Rules. 3. The expression “Transgress” found in repealing Clause in Rule 27 of 2019 Sand Rules, defined and interpreted to mean that to Full Judgment

Madhya Pradesh High Court (Single Judge)

Abhishek Chouhan s/o Kailash Chouhan vs. State of Madhya Pradesh

MCRC, 29708 of 2021, Judgment Date: Aug 03, 2021

Law laid down - 1. It is held that, in majority of the cases of rape, the defence of the accused is that the prosecutrix was a consenting party and in most of the cases the accused gets the benefit of doubt also, but in the considered opinion of this Court, barring some exceptions, India are a conservative society, it has not yet reached such level (advance or lower) of civilization where unmarried girls, regardless of their religion, indulge in carnal Full Judgment

Tags Bail Rape
Madhya Pradesh High Court (Single Judge)

Naresh Soni vs. Shankar Singh

MP, 1333 of 2021, Judgment Date: Jul 31, 2021

Full Judgment

Madhya Pradesh High Court (Single Judge)

Radheshyam vs. Kamla Devi & Others

MP, 630 of 2020, Judgment Date: Jul 31, 2021

Law laid down - (1) Under Section 112 of Indian Evidence Act birth during marriage, is conclusive proof of legitimacy, therefore bars DNA testing but when blood relation of siblings is being challenged, there shall be no bar under Section 112 of Indian Evidence Act. Full Judgment

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

Raghuram @ Raghoram vs. State of Madhya Pradesh

Criminal Appeal, 285 of 2009, Judgment Date: Jul 31, 2021

Law laid down - (1) Dying Declaration recorded by Doctor – The wife of appellant was burnt 100% and she was conscious and oriented but her condition was grim. It was natural for Doctor to undertake the task of recording dying declaration himself in view of precarious condition..... Para 26 Citation relied upon – Abdul Majid Abdul Rehman, AIR 1976 SC 1782. (2) Appellant's subsequent conduct relevant under Section 8 of Indian Evidence Act, 1872, Para 30. Full Judgment

Madhya Pradesh High Court (Single Judge)

Smt. Brijesh Shrivastava Vs. Hindustan Petroleum Corporation Ltd. and others

WRIT PETITION, 3157 of 2017, Judgment Date: Jul 31, 2021

Full Judgment

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

Arun Singh Chouhan Vs. State of MP & Ors.

WRIT PETITION, 11298 of 2021, Judgment Date: Jul 30, 2021

Law laid down - Article 226 of the Constitution – Writ of Quo Warranto - Can be issued to test the validity of appointment to a public office. The said writ cannot be issued to examine the posting or working of an officer to particular place. Writ of Quo Warranto – Necessary party - The person against whom writ is prayed for is a necessary party. Public Interest Litigation – Conduct of petitioner - A practising Advocate has chosen not to answer the Full Judgment

Madhya Pradesh High Court (Single Judge)

Bablu Pasi vs. The State of M.P. & ors.

MISC. CRL, 32592 of 2021, Judgment Date: Jul 30, 2021

Full Judgment

Tags Offence
Madhya Pradesh High Court (Single Judge)

Sachin vs. State of Madhya Pradesh

MISC. CRL, 35901 of 2021, Judgment Date: Jul 30, 2021

Full Judgment

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

Rajeev Kumar Jain Vs. State of Madhya Pradesh and others

WRIT PETITION, 9799 of 2021, Judgment Date: Jul 28, 2021

Law laid down - If the detenu is in custody at the time of passing the detention order then it is necessary for the Detaining Authority to mention this fact in the detention order and also consider the prospects of release of the detenu on bail and apprehension that the detenu would indulge in prejudicial activities in case of his release on bail. The non-application of mind by the Detaining Authority or nonrecording of satisfaction in this regard vitiates the detention Full Judgment

Madhya Pradesh High Court (Single Judge)

Smt. Neha Jain and others Vs. State of M.P. and another

MISC. CRL, 53505 of 2020, Judgment Date: Jul 28, 2021

Full Judgment

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

Indu @ Indrapal Singh and another Versus The State of Madhya Pradesh

Criminal Appeal, 146 of 2009, Judgment Date: Jul 28, 2021

Full Judgment

Madhya Pradesh High Court (Single Judge)

Gopal Krishna Gautam alias Pandit Vs. State of Madhya Pradesh & Anr.

MISC. CRL, 31747 of 2021, Judgment Date: Jul 28, 2021

Law laid down:- 1. Sections 35, 54 and 66 under NDPS Act raise presumptions (which are rebuttable) over accused to prove his innocence, although the standard of proof required for the accused to prove his innocence is Preponderance of Probability which accused shall have to establish. NDPS Act carries reverse burden of proof under Sections 35 and 54. Noor Aga Vs. State of Punjab, (2008) 16 SCC 417 relied. 2. An initial burden exists upon the prosecution and when it stands satisfied, Full Judgment

Tags Bail NDPS
Madhya Pradesh High Court (Single Judge)

Batsiya and ors. Vs. Ramgovind and ors.

WRIT PETITION, 6650 of 2014, Judgment Date: Jul 28, 2021

Law Laid Down:- 1. Once examination-in-chief is affirmed by way of filing it before the trial Court, thereafter, it is not possible to withdraw the said affidavit. Deponent may file an affidavit subsequent to it and to add or supplement the facts for the reason that order XVIII Rule 4 of CPC does not limit itself to a single affidavit but nonetheless deponent ought not be allowed to keep on filing fresh affidavits to keep improving his case in routine manner. 2. Full Judgment

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

In Reference (Suo Moto) Vs. Manoj

CRRFC, 8 of 2019, Judgment Date: Jul 28, 2021

Full Judgment