Judgments - Madhya Pradesh High Court
Yatindra Verma Vs. State of MP & Ors.
Law laid down - (1) Article 22(5) of Constitution of India - The right of detenu to represent against detention order is a valuable and constitutional right, violation of which can make the order of detention as illegal. (2) Constitution of India - Preventive Detention – is duly recognized in our constitutional scheme. The Constituent Assembly composed of politicians, statesman, lawyers and social workers who had experienced the imprisonment owing solely to their political beliefs resolved to put Article 22, Clause 3 Full Judgment
Mahip Kumar Rawat Versus Shri Ashwini Kumar Rai & Ors.
Law laid down:- (i) Concept of award of back wages is based on the fundamental principle of compensating the workman for the period he remained unemployed owing to termination which was found to be unlawful at subsequent point of time. Thus, the back wages, if to be worked out based on wages, it would have been drawn by the workman till he actually reinstated; (ii) Any contrary approach to back wages after reinstatement would be opposed to the principle of Public Policy Full Judgment
Prosecutrix (Minor) through her Natural Guardian Vs. State of M.P. and others
Nirmal Lohiya Vs. State of Madhya Pradesh and others
Abhay Nigam & Others Vs. Union of India & Others
Law laid down - The Prevention of Money Laundering Act 2002 - Section 5 – Attachment of Property – The attachment order passed by Competent Authority in exercise of power under Section 5 is tentative/provisional in nature. Thus, the “reason to believe” in passing such order is also provisional in nature subject to its confirmation by the “adjudicating authority”. Section 8 of The Prevention of Money Laundering Act 2002 – The adjudicating authority is under a statutory obligation to examine the complaint Full Judgment
Piyush Kumar Sheth Vs. State of Madhya Pradesh & Others
Law laid down - 1. Government contract/tender - Notice inviting tender (NIT)-- Cancellation of – Judicial review – Judicial review is limited to see whether order/action is arbitrary, capricious, malafide or hits wednesbury principle – The element of public interest is also relevant which needs to be looked into. 2. Single tender - CVC guidelines – In the light of CVC guideline, it cannot be said that the decision to cancel the single tender is either arbitrary or unreasonable or actuated with malafide. Full Judgment
Raju @ Vijay s/o Daulji Ahirwar V/s State of M.P & one another
Law laid down - The procedure prescribed under section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 is to be adopted by the committee or board but where the accused claiming himself to be "Child in conflict with law" is produced before the Magistrate or Sessions Court empowered under Cr.P.C.to conduct trail and an objection is raised about juvenility at the time of commission of offence, the procedure prescribed under section 9 (2) of the JJ Act, Full Judgment
Radheshyam Mandloi Vs. State of M.P. & Ors.
Law laid down - Service Law – Transfer – Chief Municipal Officer was transferred from Khargone to Ratlam and in-lieu thereof, respondent No.2, a Revenue Inspector was transferred as incharge CMO within six months of previous transfer of the appellant. The transfer order was held to be a colorable exercise of power. M.P. State Municipal Service (Executive) Rules, 1973 - As per Second Schedule appended to these Rules, there are three categories of CMOs namely CMO Class A Municipality, Class B Municipality Full Judgment
GRAM PANCHAYAT DHOOMA VS. STATE OF MADHYA PRADESH AND OTHERS
RAGHVENDRA PRATAP SINGH VS. STATE OF MADHYA PRADESH AND OTHERS
Dr. Pawan Tamrakar and another vs. M.P. Special Police Establishment & others
Law laid down - 1. Law relating to clubbing of FIRs - There can be no straightjacket formula for consolidating or clubbing the FIR and Courts are required to examine the facts of each case. A second FIR in respect of same offence or different offences committed in the course of same transaction is not permissible. The second FIR on the basis of receipt of information in respect of same cognizable offence or the same occurrence or incident giving rise one Full Judgment
Ultra Tech Cement Ltd. Vs. Ram Prakash Mishra
Law laid down - The cement industry is a controlled industry and is Controlled by the Central Government but the State Government is also an “appropriate Government” and can refer the dispute of an employee working in the said industry except in the case of mines and quarries forming part of the cement industry where the Central Government alone has jurisdiction. Full Judgment
Ram Bharose Sharma Vs. State of M.P. & Ors.
Law laid down:- (i) Issuance of public notice by way of publication in newspaper for mutation purpose is as per principles of Public Policy and Public Welfare. It brings transparency, fair play and clarity in the mutation proceedings; Concept of Public Policy- discussed & explained. (ii) Commissioner, Municipal Corporation has power to declare certain expenses to be improvement expenses as per Section 378 of the Municipal Corporation Act, 1956; (iii) Commissioner, Municipal Corporation can seek publication of notice from the person concerned on his Full Judgment
Managing Director Madhya Pradesh Pashchim Kshetra Vidyut Vitran Co. & Ors. Vs. Ashiq Shah & another
Law laid down - The compassionate appointment - Object and purpose - To provide immediate helping hand to the family in distress to enable it to overcome sudden economic crisis because of death of bread winner. Request of compassionate appointment and direction thereupon should be reasonable and proximate to the time of death of the breadwinner. No reservation of vacancy till petitioner becomes major after couple of years - There cannot be reservation of a vacancy till such time petitioner becomes major after Full Judgment
Pappu @ Dayaram Vs. State of M.P
Law laid down - Section 32 of Indian Evidence Act – Dying Declaration-The conviction can be based solely on the basis of an oral dying declaration provided such declaration is free from any doubt and its correctness and genuineness is out of question. Multiple Dying Declarations - If there are more than one dying declaration, Court needs to examine qualitative worth of each declaration and not number of declarations. The dying declaration must be examined with utmost care and caution because the maker Full Judgment
IN REFERENCE (SUO MOTU) Vs THE STATE OF MADHYA PRADESH AND OTHERS
MADHURI KRISHNASWAMI Vs THE STATE OF MADHYA PRADESH AND OTHERS
Vishal Versus The State of Madhya Pradesh
Law laid down - Exception 2 of Section 375 of IPC is irrational. Marriageable age in India is 18 years, giving consent for sexual intercourse is also 18 years. Exception is inconsistent with the provisions of POCSO Act. Definition of “Child” as per Section 2(1)(d) is below 18 years. The preamble also provides that “sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressed” This is directly in conflict with Exception 2 of Section 375 of IPC. Section Full Judgment