Judgments - Madhya Pradesh High Court
Himanshu Kuril S/o Vasudev vs. State of Madhya Pradesh
Law laid down - Appellant convicted by trial Court under Section 302 of IPC. The question was whether there was intention to cause death ? Appellant had dealt knife injuries on the thigh of the deceased resulting in his death and before inflicting knife injuries, had told the deceased that “ आज मैं तेरा हिसाब कर देता हूँ ” (“today I will settled the score with you”). After the incidence, he called (PW/2) on Mobile saying that “आज मैंने नीरज को निपटा Full Judgment
Health Care Medical Devices Pvt. Ltd. Vs. MP Public Health Services Corp. Ltd., & Anr
Law laid down - Blacklisting and debarment-it has drastic impact on the contractor - Thus, such a drastic action can be taken by following “due process”. Issuance of a notice by which contractor can gather the nature of allegations and intended action to be taken is must. The order of blacklisting/debarment cannot be passed unless such an action is proposed in the show cause notice or it can be clearly inferred by reading of notice that such an action was proposed. The Full Judgment
Hindustan Petroleum Corporation Ltd & another Vs. Kailash Chandra
Law laid down - Alternative Remedy-Article 226 of the Constitution and Industrial Disputes Act 1947 - The respondent employees were “workmen” and appellant Corporation is an 'industry' within the meaning of ID Act, 1947. The employer contended that writ petition could not have been entertained and respondents should have been relegated to avail the remedy under the ID Act. The contention is not accepted because (i) the punishment orders under question before the learned Single Judge were based on admitted documents of Full Judgment
Bharat Singh Batham Vs. Life Insurance Corporation of India and others
Makhan Prajapati vs. State of MP
Law laid down - Merely submission of royalty cannot absolve the owner of the vehicle from his liability. It is the common feature that unless it is permitted by the owner of the vehicle, no driver can transport the sand by the owner's vehicle. Moreover, deposit of penalty prima facie reflects consent of the owner of the vehicle and non-rebuttal by the owner to imposition of penalty shows implied consent of the owner with regard to illegal transportation of sand in Full Judgment
Jaya Chakravarti Versus State of M.P & others
INDAL SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS
Surendra Kumar Shivhare Vs. State of M.P. & Ors.
Law Laid Down:- (1) The power u/R.20(2) M.P. Sand (Mining, Transportation Storage and Trading) Rule, 2019 cannot be exercised without affording reasonable opportunity of being heard to the alleged illegal transporter on three aspects i.e. (i) whether material alleged to be unlawfully transported is sand or not (ii) whether the illegal transporter holds valid Electronic Transit Pass (ETP) or not and (iii) whether sand being transported is in excess of the amount of sand permissible in ETP. (2) Proviso placed at the Full Judgment
M/s.Mold Tek Packing Pvt. Ltd. Vs. S.D.Containers
Law laid down - Section 22 (4) of the Designs Act, 2000 – Civil Suit – Civil Suit is directed to be decided by Indore Bench of High Court by judgment of Supreme Court dated December 01, 2020. The parties have taken diametrically opposite view as to which bench can try the said civil suit. The plaintiff urged that civil suit needs to be decided by a commercial appellate division constituted u/S.5 of the Commercial Courts Act, 2015 whereas other side Full Judgment
M/s. HCL Technologies Limited Vs. Madhya Pradesh Computerization of Police Society (MPCOPS)
Law Laid Down:- Appointment of Arbitrator u/S 11(5) and (6) of the Arbitration and Conciliation Act, 1996 – Arbitration Clause 1.23 (Dispute Resolution) and sub-clause (a) whereof stipulating to first exhaust the inhouse mechanism of dispute resolution – Governance Procedure in Clause 2.5.3 of the Agreement does not provide issuing disputed notice in a particular format - Applicant invoked Clause 1.23 of the Agreement proposing the name of arbitrator to resolve the dispute – Non-applicant failed to respond to the request Full Judgment
Yashwardhan Raghuwanshi Vs. District & Sessions Judge and another
Law Laid Down:- As seen from the language employed in the definition clause of “Court” in Section 2(1)(e) of the Arbitration Act and Conciliation Act,1996, the Legislature intended to confer power in respect of the disputes involving arbitration on the highest judicial Court of the District so as to minimize the supervisory role of the Courts in the arbitral process and, therefore, purposely excluded any Civil Court of a grade inferior to such Principal Civil Court, or any Court of Small Full Judgment
Balram Malviya Versus The State of M.P. and others
Kuldeep Choudhary @ Kuldeep Yadav & another Vs. State of Madhya Pradesh
Law laid down - Section 32(1) of Indian Evidence Act, 1872 - If nature of injuries found on the person of deceased were not grievous in nature and were not sufficient to cause death, oral dying declaration/statement given by him does not fall within the ambit and scope of “dying declaration” envisaged in Section 32(1) of the Act. The Court needs to examine carefully whether injuries on the person are sufficient to cause death and this depends on the factual matrix Full Judgment
Smt. Kamla @ Sarla Yadav Vs. State of MP
Mohammad Azad Versus State of Madhya Pradesh & Others
Law Laid Down:- (1) Madhya Pradesh Municipalities Act, 1961 - Section 29 (Determination of number and extent of wards and conduct of elections) – Section 29-A (Reservation of Seats) & Madhya Pradesh Municipalities (Reservation of Wards for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women) Rules, 1994 - Rule 3 (First time reservation of wards) – Election for the post of Councillor in Municipal Council - WHETHER – Ratio of reservation of seats for Scheduled Castes, Scheduled Tribes and Other Full Judgment
Krsnaa Diagnostics Pvt. Ltd. Vs. State of Madhya Pradesh & Ors.
Law laid down - Article 226 of the Constitution and Clause-17 of NIT - contractual matters – Notice inviting tender – Cancellation of NIT based on the relevant Clause permitting the Department to cancel the NIT without assigning reason is not beyond the scope of judicial review. Judicial review – In contractual matters also the Court can examine following factors:- (i) Whether decision making authority has exceeded its authority? (ii) Whether he committed any error of law? (iii) Whether rules of natural justice Full Judgment
Praveen Muraka S/o Shri Gokuldas Murarka vs. Bhama Enterprises India Pvt. Ltd. & Anr.
Law laid down - The Designs Act, 2000 – It seeks to provide and ensure effective protection to registered designs. It is also required to promote design activity in order to promote the “design element” in an article of production. Section 4 of Designs Act- A plaintiff can institute a suit impugning the other product if the said product is neither new nor significantly distinguishable. Section 4 of Designs Act – The test to examine whether the impugned product is 'new or original', Full Judgment