Judgments - Madhya Pradesh High Court
Pramod Kumar Lihkhar Vs. State of Madhya Pradesh
Law Laid Down - While framing a charge, the Court is expected to apply its mind to the entire record and documents placed therewith before the Court. No meticulous examination of evidence is needed for considering whether the case would end in conviction or not. However, the Court is required to consider and apply its judicial mind, whether the allegations taken as a whole will, prima facie constitute an offence and if so, whether continuation of proceedings is an abuse of Full Judgment
Smt. Prembai Versus State of Madhya Pradesh and others
Law laid down:- Medical Board opined that the victim has history of delayed milestone, poor understanding, poor self-care, inabilities to speak, drooling of saliva since childhood. The Medical Board further opined that on examination, it was found that patient is unable to take care of self, her hygiene is very poor and her intellectual abilities are poor. In view of these factors, patient was opined to suffer from SEVERE MENTAL RETARDATION WITH BEHAVIORAL PROBLEMS. The Medical Board was further of the Full Judgment
Suzlon Energy Limited & another Vs. State of M.P.
Sanjay Jain Vs. The State of MP & Ors.
Law Point - Service Law-Clause 22 of the Contract - Deeming provision of termination on remaining absent for more than one month-The principles of natural justice must be read into the provision. The Clause-22 is interpreted by taking into account the similar provisions of standing orders etc. Fair Play and Reasonableness -The procedure adopted by employer must be just fair and reasonable. Moreso when its impact is on the right of livelihood of a person. Validity of order-Judicial Review -The validity of an order Full Judgment
Sonu Bairwa Vs. State of M.P. & Ors.
Law Point - National Security Act, 1980 – Section 3(2) – It can be invoked in three contingencies and a citizen can be detained: i) for preventing him from acting in any manner prejudicial to the security of State. ii) for preventing him from acting in any manner prejudicial to the maintenance of public order. iii) for preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. Interpretation of Statute – Use of “Explanation” – Explanation Full Judgment
Smt. Kantabai w/o Ashok Bhandari Versus The State of Madhya Pradesh
Law laid down - Section 82 (4) of Criminal Procedure Code for declaring an accused as a proclaimed offender is identical to Section 82 (1) of the Code. The only difference is the penal provisions for the same as provided under s.174A of IPC. The general principle that Lavesh v. State (NCT of Delhi) reported as (2012) 8 SCC 73 lays down is that for the purposes of an anticipatory bail, a proclaimed offender also includes an offender or a proclaimed Full Judgment
Nandkishore s/o Ganesh Ram Meghwal Versus The State of Madhya Pradesh
Law laid down - In case of issuance of summons/warrants against government employee/officer, the prosecution fails to procure their presence in Court, their salary/pension, as the case may be, can be withheld, if it is found that the government official is avoiding the summons/warrants. Full Judgment
Sonu @ Vikas Bhandari Versus The State of Madhya Pradesh
Law laid down - The order dated 12.05.2020 passed by the Gwalior Bench of this Court in the case of Balveer Singh Bundela v. State of Madhya Pradesh (Miscellaneous Criminal Case No.5621/2020) cannot be followed in the light of the subsequent order passed by the Division Bench of this court passed in the case of Arif Masood v. State of Madhya Pradesh passed in Miscellaneous Criminal Case No.45501/2020 dated 27.11.2020. Judgments referred to: (1) Lavesh v. State (NCT of Delhi) reported as Full Judgment
Rajabeti Sakhwar and others Vs. Darshanlal Sakhwar and others
Omnarayan Sharma Vs. State of M.P. & Ors.
Law laid down:- (i) Legal Services Authorities Act, 1987 and NALSA (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015 gives wide scope to the State Authority & District Authority to file appropriate legal proceedings to ensure that the complainant/beneficiary receives the benefit under the NALSA (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015. Appropriate legal proceedings include private complaint, complaint before Lokayukt and to file petition under Article 226 of the Constitution of India as Public Interest Litigation; (ii) As per the Full Judgment
State of M.P. Vs. Anil Sharma and others
Ashok Vs. Smt. Gyan
Law laid down - Compliance of under Order 21 Rule 34 of CPC. 8. ...............So far as the compliance of Order 21 Rule 34 of CPC is concerned, it was necessary, had there been no representation at all in the Executing Court, however, when the order-sheet itself reveals that the judgment debtor appeared before the Court through her Counsel Shri Ratnesh Pal on 04.10.2019, and thereafter vanished from the scene, there is no point in again sending a notice to the judgment Full Judgment
Curewin Pharmaceuticals Pvt. Ltd. vs. Curewin Hylico Pharma Pvt. Ltd.
Law laid down - 1) Section 12-A of Commercial Courts Act, 2015 - The provision is clear and unambiguous that a suit which is not pregnant with any such interim relief under the act cannot be instituted unless the plaintiff exhausts the remedy of pre-institutional mediation (para no.11). 2) Section 12-A of Commercial Courts Act, 2015 - The purpose of insertion of section 12-A is to encourage the parties to try and resolve their disputes amicably in mediation process. But Commercial Court Full Judgment
Amit Dwivedi s/o Sheshmani Dwivedi vs. State of Madhya Pradesh
R.K. Akhande vs. Special Police Establishment, Lokayukt, Bhopal and another
Law laid down - 1. Direction by the Magistrate to give voice sample during investigation does not violate Article 20(3) of the Constitution of India. 2. Article 20 of the Constitution of India extends certain protection to a person in respect of the conviction for offence and sub-clause (3) thereof provides that no person accused of any offence shall be compelled to be a witness against himself. The protection extended by Article 20(3) is only to the extent of being written against Full Judgment
Karan Singh Vs. State of M.P.
Law laid down - 1 (i) Whether the sentence of life imprisonment awarded to the appellant means actual sentence of 14 years or 20 years ? Ans: Section 53 of the IPC provides for sentence of imprisonment of life and the definition of life as contained in Section 45 makes it clear that life means the life of human being till he breath his last. A sentence for imprisonment of life will run for the entire life of the convict unless the Full Judgment
Laxman Singh Baghel Vs. State of M.P. & Anr.
Law laid down:- Disqualification contemplated u/R.6(6) of the Madhya Pradesh Civil Services [General Conditions of Services] Rules 1961 is to be adjudged for the purpose of appointment and therefore even if the candidate had not incurred disqualification u/R.6(6) of 1961 Rules on the last date of submission of application forms but thereafter incurred disqualification before being appointed, the candidate would still be disqualified for being appointed. Full Judgment
Shrishti Infrastructure Development Corporation Limited Vs. The State of Madhya Pradesh and others
Law laid down:- 1. Scope of jurisdiction of the High Court in the matter of award of contracts by the Government and its instrumentalities - Held - evaluation of tenders and awarding of contracts are essentially commercial functions and principles of equity and natural justice stay at a distance in such matters. If the decision relating to award of contract is bona fide and is in public interest, the courts will not interfere by exercising power of judicial review even if Full Judgment