Judgments - Madhya Pradesh High Court
Somdatt Mishra Vs. The State of M.P. & Another
Law Laid down - 1- When a complainant is restrained by the public authority to commit any illegal act and with motive to overcome such situation, any complaint under section 354 of IPC or like nature has been filed against the public servant, then it is the duty of the Investigating Officer to investigate thoroughly and reach to the motive if any exist, for which the complaint has been filed against the public servant. 2- Harassment of the public servant on pretext Full Judgment
Smt. Manju Pathak vs. Munshi Singh Gurjar
RAJENDRA SINGH AND ANR. Vs. THE STATE OF MADHYA PRADESH AND ANR.
Law Laid down - 1. Sec. 53-A and Sec. 164-A inserted in the Cr.P.C by way of Amendment Act 2005 which makes the DNA profiling of accused and victim must, is a step towards more Forensic and Scientific Investigation. Therefore, if the DNA report is supported by medical evidence, wherein injuries to the prosecutrix are not sustained over the private parts or over her person and attending circumstances, do not corroborate in any manner, then false implication of the accused can Full Judgment
Ku. Surabhi Baghel Versus High Court of Madhya Pradesh, Jabalpur
Law laid down - Scope of interference – In academic matters in framing of questions, evaluation of answers and finalisation of model answers – the Court cannot and should not act as Court of appeal, but to leave the same to academicians and experts. Full Judgment
Hemant Bakolia Vs. State of MP & Ors.
Law laid down - Rounding off of the marks is not permissible contrary to the expressed language of the Rule containing the mandatory condition of obtaining atleast 50% marks in each paper. In a competitive examination each fraction of marks has a bearing on the result of the participating candidate and if in such a case rounding off of marks is allowed that will defeat the very principle of assessing comparative merit. No revaluation of answer sheet can be directed in the absence of any Full Judgment
Anil Vanshkar Vs. State of M.P. and Another
Law laid down - (I) Considering the amendment vide Section 439(1-A) of Cr.P.C. on the touch stone of Article 21 of the Constitution of India, it appears that personal liberty of an individual cannot lie at the mercy of presence of an “Informant”. (II) Code of Criminal Procedure is a procedural law and by the amendment incorporated under Section 439(1-A) of Cr.P.C. impliedly penalises the applicant/ accused while withholding his bail application for an indefinite period which is not permissible in law. (III) Full Judgment
Anek Singh Tomar vs. Dhaniram S/o Shri Bhagchand (dead) through LRs.
Skol Breweries Ltd. Vs. Som Distilleries and Breweries Ltd.
Law laid down - The High Court while deciding the appeal against rejection of temporary injunction and forming an opinion regarding prima facie case can examine the subsequent development took place during the pendency of appeal. Full Judgment
Ramswaroop vs. Matadin Shivhare (dead) through Lrs & Others
Bhikam Singh and Others vs. Ranveer Singh & Others
Employees Provident Fund Vs. M/s. Saraswati Ucchattar Madhyamik Vidhyala
Law Laid Down - The employees who avail the provident fund scheme under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 fall within the definition of "Consumer" under the Consumer Protection Act, 1986 as held by the Apex Court in Regional Provident Fund Commissioner Vs. Bhavani AIR 2008 SC 2957. Full Judgment
M/s Fives Stein India Project Pvt. Ltd., Kolkata Versus State of M.P. and others
Law laid down - 1. The expression “shall” is not conclusive to determine the provision as directory or mandatory. The Court is required to ascertain the real intention of the Legislature which will include the examination, nature and design of the statute and the consequences. 2. In all cases, failure to perform a duty within the time limit, does not render the action a nullity. Where a provision lays down a period within which the public body should perform any function, the provision Full Judgment
State of Madhya Pradesh Vs. Mohammad Shahid & Another
Law Laid Down - Evidence as to the cause of death is relevant not only in relation to the cause of death of the person making the statement but also to the circumstances of the transaction which resulted in death. In the suicide note when the prosecutrix has tried to convey that the accused were hungry (for sex) and that she became their food (victim), it clearly indicates that she was violated and that she did not want to live life of Full Judgment
Aarya Maansingh Vs. State of M.P. & Others
M/s S.V.E.C. Construction Vs. State of Madhya Pradesh & others
Law Laid Down - The question whether time is essence of contract or not, depends upon the intention of the parties. Here, the petitioner sought modification of work order so as to complete it within the time granted and then himself chose todetermine the contract. Thus, he understood that the time was essence of the contract. Such conduct of the petitioner as well as on behalf of the respondents shows that the parties intended to complete the contract within time frame. Full Judgment