Latest Judgments of Supreme Court of India and M.P High Court.

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

Tags Copyright

Madhya Pradesh High Court (Single Judge)

M/s. HCL Technologies Limited Vs. Madhya Pradesh Computerization of Police Society (MPCOPS)

Arbitration Case, 38 of 2020, Judgment Date: Feb 26, 2021

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

Tags Arbitration

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

Yashwardhan Raghuwanshi Vs. District & Sessions Judge and another

WRIT PETITION, 19656 of 2020, Judgment Date: Feb 26, 2021

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

Tags Arbitration

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

Balram Malviya Versus The State of M.P. and others

WRIT PETITION, 20761 of 2020, Judgment Date: Feb 26, 2021

Full Judgment

Tags Local Body Election Election

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

Kuldeep Choudhary @ Kuldeep Yadav & another Vs. State of Madhya Pradesh

Criminal Appeal, 585 of 2014, Judgment Date: Feb 26, 2021

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

Tags Evidence Murder Dying Declaration

Supreme Court of India (Full Bench (FB)- Three Judge)