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

Dr. Avinash Mishra & others Vs. State of Madhya Pradesh & Others

WRIT PETITION, 12747 of 2018, Judgment Date: Jun 22, 2018

Law Laid Down - The State has a right to assess the suitability of a candidate for appointment with or without interview. The State having exercised the jurisdiction in terms of Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1990 (for short “the 1990 Rules”), it cannot be said that power of relaxation to do away with the interview is illegal.  In exercise of power of judicial review, this Court examines the jurisdiction to relax the Rules. Since there is explicit power Full Judgment

Madhya Pradesh High Court (Single Judge)

Lalji Chaudhary Vs. The State of Madhya Pradesh

MCRC, 18356 of 2018, Judgment Date: Jun 21, 2018

Full Judgment

Tags Bail Rape
Madhya Pradesh High Court (Single Judge)

Manurai Samaj Dharshala Nyas Vs. The Registrar of Public Trust and another

WRIT PETITION, 5664 of 2016, Judgment Date: Jun 19, 2018

Full Judgment

Madhya Pradesh High Court (Single Judge)

M/S. COTT BEVERAGES INC. (ROYAL CROWN COLA INTERNATIONAL DIVISION) USA AND THREE OTHERS Vs. M/S. TRISTAR BEVERAGES PVT. LTD., INDORE

MCRC, 6624 of 2016, Judgment Date: Jun 18, 2018

Law laid down - The criminal proceedings manifestly attended with malafide and/or where the proceeding is maliciously instituted with ulterior motive for wreaking vengeance on the accused and turning a civil litigation into a criminal litigation, deserves to be quashed. Full Judgment

Madhya Pradesh High Court (Single Judge)

Gyanchand Jain Vs. State of Madhya Prdesh

Criminal Revision, 404 of 2017, Judgment Date: Jun 18, 2018

Full Judgment

Madhya Pradesh High Court (Single Judge)

Balmukund Singh Gautam Vs. Smt. Neena Vikram Verma

EP, 23 of 2014, Judgment Date: Jun 18, 2018

Full Judgment

Tags Election
Madhya Pradesh High Court (Single Judge)

Dr. Saiyad Ghazanafar Ishtiaque Vs. State of Madhya Pradesh and others

WRIT PETITION, 8197 of 2016, Judgment Date: Jun 02, 2018

Law laid down - 1. Once the petitioner appointed on the post of Unani Chikitsa Adhikari under Rule 6 of Madhya Pradesh Health Services (Recruitment) Rules 1967, which gives power to the State Government to appoint a person without consultation with Madhya Pradesh Public Service Commission and said power is duly endorsed by Rule 3 of Madhya Pradesh Public Service Commission (Limitation of Functions) Regulations, 1957 then the said appointment of petitioner would be treated as regular appointment. 2. Once the petitioner Full Judgment

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

State of M.P. Vs. Latoori Vs. Ors.

Criminal Appeal, 139 of 2000, Judgment Date: May 28, 2018

Law Laid Down - 1. Mere relationship of the witnesses to the deceased do not per se render them partisan, especially when the version of eye-witness otherwise inspires confidence despite minor contradictions, embellishments and omissions. 2. Detailed graphic and elaborate disclosure of the incident is not per se an indication of witness being tutored or the prosecution story being manufactured. Full Judgment

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

Lallu alias Dashrath Baghel Vs. State of MP.

Criminal Appeal, 236 of 2006, Judgment Date: May 28, 2018

Full Judgment

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

State of M.P. Vs. Rajendra Kumar Jain

RP, 264 of 2017, Judgment Date: May 24, 2018

Law Laid Down - “Whether a daily-wager who is declared permanent by way of classification, by the employer, merely on completion of 240 days of service as daily-wager, without any judicial intervention is entitled to claim salary alongwith increments in the regular pay-scale admissible to a civil post or is merely entitled to salary equivalent to the minimum of the regular pay-scale without increments and in this backdrop whether the impugned orders granting benefit of regular pay-scale with increments are liable to be Full Judgment

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

Munshilal Vs. State of M.P.

Criminal Appeal, 770 of 2005, Judgment Date: May 23, 2018

Full Judgment

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

SUNFLAG IRON & STEEL CO. LTD. Vs. STATE OF MADHYA PRADESH

WRIT PETITION, 11068 of 2018, Judgment Date: May 18, 2018

Law Laid Down - In absence of any averment by the petitioner in respect of completion of stage of third sub-menu (Attach Documents); the attaching documents and/or the bid acknowledgment not received from the system as per the tender conditions, it cannot be said that the decision to declare that the petitioner did not submit technical bid online lacks bona fide. The decision taken by the Technical Evaluation and Tender Approval Committee, which is a committee of experts cannot be interfered Full Judgment

Madhya Pradesh High Court (Single Judge)

Siddharth Dev Singh Vs. State of M.P. and others

WRIT PETITION, 22213 of 2017, Judgment Date: May 18, 2018

Law laid down - "Whether as per proviso (i-a) of Section 51(1) any opportunity of hearing is required to be given before exercising the power of suo moto review - Held- Yes. "Whether any opportunity of hearing is required to be given before obtaining sanction from the higher authority for exercising the powers- Held- Yes. Full Judgment

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

SHIVANI SINGH Vs. THE STATE OF M.P. AND OTHERS

WRIT PETITION, 14826 of 2017, Judgment Date: May 18, 2018

Full Judgment

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

Raghuveer Singh and Others Vs. State of Madhya Pradesh

Criminal Appeal, 35 of 2007, Judgment Date: May 18, 2018

Law laid down - (1) Where witnesses make inconsistent statements in their evidence either at one stage or at two stages, testimony of such witnesses become unreliable and unworthy of credence and in absence of special circumstances, no conviction can be based on the evidence of such witnesses. (2) Material improvements of version of eye-witness from FIR to the version given in the Court, said evidence cannot be taken into consideration.  (3) Failure on part of investigating agency to recover any bloodstained Full Judgment

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

M/s Goel Roadways Vs. State of M.P. & Another

WRIT PETITION, 11136 of 2018, Judgment Date: May 17, 2018

Law Laid Down - The argument of the petitioner that the respondent could pick and choose a particular property to assess the net worth of the tenderer is not acceptable as the respondents cannot resort to such method to assess the net worth of the tenderer. The decision taken by the Technical Evaluation and Tender Approval Committee, which is a committee of experts cannot be interfered with while exercising writ jurisdiction of this Court, as this Court while exercising power of judicial Full Judgment

Tags Tenders
Madhya Pradesh High Court (Single Judge)

Naushad Ali Versus Mubarak Ali @ Bhura

Civil Revision, 300 of 2018, Judgment Date: May 16, 2018

Law laid down - Revision against the order passed in an election petition under the M.P. Municipalities Act, 1961, Security deposit alongwith memo of Revision Petition under Rule 19(2) of Rules 1962 is mandatory. Security amount has to be deposited alongwith the revision petition. High Court has no discretion to condone the latches. Full Judgment

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

R.L. Jatav Vs. Station House Officer

CRR, 714 of 2017, Judgment Date: May 15, 2018

Law Laid Down - A trial court while rendering a judgment in trial is empowered to direct the police to register an offence against one of the witnesses against whom the trial court while marshalling the evidence finds prima facie material of committing cognizable offence. By doing so, the trial court would not be overstepping its jurisdictional purview as the provision of Section 154 Cr.P.C. obliges the police to register an FIR on receipt of information of commission of cognizable offence from Full Judgment

Madhya Pradesh High Court (Single Judge)

Vinod Jain and Others vs. State of MP

MCRC, 18380 of 2018, Judgment Date: May 14, 2018

Full Judgment

Madhya Pradesh High Court (Single Judge)

Vijay Kumar vs. State of MP. & Ors.

MCRC, 12218 of 2018, Judgment Date: May 11, 2018

Full Judgment