Madhya Pradesh High Court Half Yearly Digest: January to June 2025

Case Title: Dilip Marmat Versus Collector And Others

Citation: 2025 LiveLaw (MP) 30

The Madhya Pradesh High Court in a recent ruling ordered eviction of a son-in-law residing on premises belonging to his retired father-in-law who needed the said property as a source of additional income to maintain his wife and children.

Dismissing the appeal, the High Court upheld the decision of the writ court wherein it was opined that by implication if the house was given to the daughter, the son-in-law after the death of the daughter, will be included in the definition of children as defined in Section 2(a) of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and therefore, the son-in-law has a duty to maintain the senior citizen as defined in Section 2(h) of the Act.

NEET 2024 | Vacant NRI PG Seats In Private Colleges To Be Included In Last Round Of Counselling For General Quota: State To Madhya Pradesh HC

Case Title: Dr. Khyati Shekhar Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 31

In a plea seeking inclusion of 48 vacant NRI seats of Private Medical Colleges and its conversion into General quota seats for meritorious candidates, the State government told the Madhya Pradesh High Court that if NRI seats are vacant, it will be filled from the General category based on merit in the last round of the counselling process of NEET-PG 2024.

Info On Filing Of Bail Pleas Is Seamlessly Reaching Police Stations Who Are Uploading Case Diaries: Addl DGP SCRB Tells Madhya Pradesh HC

Case Title: Bharatlal versus State of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 32

In a matter concerning seamless requisitioning and transmission of Case Diaries, the Indore Bench of Madhya Pradesh High Court directed its Registrar IT in consultation with the Additional Director General of Police, State Crime Record Bureau to prepare project report and submit before the court's Computerization Committee within 15 days.

Thus, after hearing the suggestions and steps taken to facilitate seamless requisitioning and transmission of case diaries, the Court closed the matter with the following directions:

1. The Registrar I.T.-C.S.A in consultation with the ADGP (S.C.R.B.) shall prepare project report and submit before the Computerization Committee of High Court of Madhya Pradesh at the earliest, preferably within 15 days.
2. If further test run is required, it may be taken up for requisition and uploading of case diaries for this Court.
3. The Commissioner of Police, Indore and the Superintendents of Police are expected to supervise the test run for online requisition and uploading of case diaries within their jurisdiction.
4. The State Government is expected to provide adequate bandwidth and seamless network at every police station.

Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates

Case Title: Simmi Bai Versus Shrimaan Police Mahanirikshak Mahodaya And Others

Citation: 2025 LiveLaw (MP) 33

While hearing a Habeas Corpus Petition, the Madhya Pradesh High Court has reiterated that cases of missing persons cannot be brought under the provision of Habeas Corpus and that such cases are to be filed under regular provisions of the penal law.

Governor Can't Punish Guilty Govt Official By Dismissal Under Rules, Can Only Withhold/Withdraw Pension For Misconduct: Madhya Pradesh HC

Case Title: Nausad Qureshi Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 34

While setting aside a dismissal order of a retired government official, the Indore Bench of Madhya Pradesh High Court concluded that under the state civil service pension rules the Governor can only withhold or withdraw the officer's pension for grave misconduct/negligence but cannot impose punishment of dismissal.

Mutation | Tehsildar Can't Relegate A Person To Civil Court To Seek Declaration That He Is Legal Representative Of Deceased Owner: MP High Court

Case Title: Rahul Shukla versus The State of Madhya Pradesh & Ors

Citation: 2025 LiveLaw (MP) 35

The Indore Bench of Madhya Pradesh High Court has held that Tehsildar cannot relegate a person to Civil Court to seek declaration that he is the legal representative of the deceased property owner, to get his name mutated.

Madhya Pradesh High Court Directs Rape Accused To Handover All Electronic Gadgets, Password Of Social Media Accounts For Investigation

Case Title: Tej Narayan Sharma Versus The State Of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 36

While granting anticipatory bail to a rape accused, the Madhya Pradesh High Court directed him to handover all his electronic gadgets along with the password of his all social media platforms to the investigating agency. The court also directed the applicant to submit all documents and intimate pictures of the victim to the investigating agency and the victim.

Burden Of Cases Over Courts Can't Be Ignored: MP High Court Imposes ₹50K Cost On Nursing College For Filing Frivolous Petition

Case Title: K.L. Sharma College Of Nursing Sehore Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 37

While dismissing a review petition filed by a Nursing College seeking grant of recognition, the Madhya Pradesh High Court imposed a cost of Rs. 50,000 on the petitioner-college for wasting court's time by filing frivolous petitions and applications.

The court also remarked that the petition has been drafted very carelessly and without any sensible approach.

Wife In Love With Someone Else Without Any Physical Relations Is Not Adultery: Madhya Pradesh High Court

Case Title: Amit Kumar Khodake v. Smt. Madhuri @ Anjali

Citation: 2025 LiveLaw (MP) 38

The Madhya Pradesh High Court has held that merely because the wife is in love with someone else is not enough to prove adultery on her part to deny her maintenance. The Court categorically held that for sexual intercourse is necessary for adultery.

Madhya Pradesh High Court Rebukes Sub Divisional Officer Over Handwritten, Illegible Orders Passed In Election Petition

Case Title: Sanjay Maliwal vs. Kavita Thakur and Ors.

Citation: 2025 LiveLaw (MP) 39

In a petition challenging concerned Sub-divisional Officer's order which closed the litigant's right to produce witnesses in an election case, the Indore bench of the Madhya Pradesh High said that the SDO had taken the judicial proceedings in a "casual manner" after noting that the officer's handwritten order sheets were "absolutely illegible".

The court thus directed the SDO not to treat judicial proceedings conducted by him casually in future and ensure that order sheets are legible.

Madhya Pradesh High Court Lays Down SOP For Termination Of Pregnancy Upto & Beyond 24 Weeks In Sexual Assault Cases

Case Title: In Reference (Suo Motu) Versus The State of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 40

The Jabalpur bench of the Madhya Pradesh High Court, in a suo motu reference petition, laid down standard procedures for termination of pregnancies up to 24 weeks and for pregnancies exceeding 24 weeks in cases concerning rape and sexual assault.

The court took up the matter in view of divergent decisions passed by the single judge benches at Indore concerning termination of pregnancies under the Medical Termination of Pregnancy Act. The court also directed that the privacy of the victim should be maintained strictly in view of statutory provisions of Section 5A of the Medical Termination of Pregnancy Act 1971.

Madhya Pradesh High Court Imposes 25K Cost On State Over 'Cryptic' Externment Order

Case Title: Bhura Kaurav Versus The State Of Madhya Pradesh And Ors

Citation: 2025 LiveLaw (MP) 41

While quashing a 'cryptic' externment order passed by District Magistrate, the Madhya Pradesh High Court has directed the State to pay a cost of Rs 25,000 to the petitioner who was externed from the district of Chhindwara and neighbouring districts for a period of three months.

The court termed the impugned order as cryptic and that it has been passed in an arbitrary and illegal manner as the District Magistrate did not consider the fact that till date there was no conviction against the petitioner.

Anticipatory Bail Plea Maintainable Even If Chargesheet Shows Accused As Declared Absconder: Madhya Pradesh HC

Case Title: Deepankar Vishwas Versus State Of Madhya Pradesh Through P.S. Omti, District Jabalpur

Citation: 2025 LiveLaw (MP) 42

The Jabalpur bench of the Madhya Pradesh High Court while answering a reference made by a single judge, clarified that an anticipatory bail plea is maintainable even if the chargesheet filed shows the accused as a declared absconder.

The court further ruled that an anticipatory bail plea is maintainable even when proceedings under CrPC Section 82 (Proclamation for person absconding) & 83 (Attachment of property of person absconding) or Section 299 (Record of evidence in absence of accused) have been initiated against the accused or when the accused has been declared as absconder/proclaimed offender.

'Disclose Social Media Passwords, Provide Body Fluids, Blood Samples If Required By IO': MP High Court Directs Accused Seeking Bail

Case title: Murli Manohar Soni Vs. State Of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 43

Granting anticipatory bail to a man booked under Section 69 of Bharatiya Nyaya Sanhita (Sexual intercourse by employing deceitful means, etc.), the Madhya Pradesh High Court recently imposed some unusual bail conditions on him.

A bench of Justice Devnarayan Mishra directed the accused to cooperate with the investigating agency, submit all electronic gadgets, such as laptops and mobiles, and disclose his passwords for all social media platforms, such as Facebook, Instagram, WhatsApp, etc.

Traffic Congestion: Madhya Pradesh High Court Orders Dismantling Of BRTS Corridor In Indore City

Case Title: Kishore Deepak Kodwani And Others Versus State Of M.P. And Others

Citation: 2025 LiveLaw (MP) 44

While hearing a plea in nature of Public Interest Litigation questioning the utility and necessity of construction of Bus Rapid Transit System (BRTS Corridor) in the city of Indore, the Madhya Pradesh High Court has directed the State to remove the BRTS corridor as it has lost its utility in the present day scenario.

Madhya Pradesh High Court Issues Contempt Notice To State Social Justice Department's Joint Director For 'Misquoting' Court Order

Case Title: Rajendra Soni Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 45

The Gwalior Bench of Madhya Pradesh High Court has issued a contempt notice to Joint Director, Department of Social Justice and Empowerment of Persons with Disabilities in Gwalior for misquoting the court's order to state that 'skilled grade' benefit was being granted to the petitioner under the court's directions.

The high court in its order noted that Joint Director had "deliberately passed an erroneous order" treating the petitioner as skilled and giving benefit of skilled grade by wrongly mentioning that it is being done under the directions of the High Court. It asked the officer to explain why the order has been misquoted even though there is no direction to give benefit to petitioner to treat him as skilled.

Don't Forget That Time Is Valuable: Madhya Pradesh HC In PIL Against Display Of Long Advertisements In Movie Theatres

Case Title: Swati Agrawal Versus Union Of India & Others

Citation: 2025 LiveLaw (MP) 46

In a PIL claiming inconvenience caused to movie-goers due to display of long advertisements before the start of movies, the Gwalior bench of the Madhya Pradesh High Court observed that while it is for the Centre to take a call on the issue however "one cannot forget that Time is a valuable Resource".

While it did not enter into the issue, the court disposed of the plea observing that it expects the authorities to engage in meaningful discussion with all stakeholders and that divergent views are reconciled.

Male Teacher's Privacy Not Affected In Sending His Photo As Attendance Proof, Solution Needed To Protect Female Teachers: Madhya Pradesh HC

Case Title: Mahesh Kumar Koli and Another Vs. State of Madhya Pradesh and Others

Citation: 2025 LiveLaw (MP) 47

While hearing an appeal against photograph-based attendance rule for teachers and students in government schools in Vidisha district, the Gwalior Bench of Madhya Pradesh High Court said that the privacy of a male teacher is not affected in sending his photograph as a proof of attendance.

However, the Court expressed concern over the privacy of female staff and girl students and suggested the state government's Department of Information and Technology, to devise a solution by creating an App, or amending the existing app, to protect the privacy of female staff/girl students and also ensure the attendance of both male and female teachers.

Ensure That All Inculpatory & Exculpatory Material Collected In Probe Is Given To Accused Before Trial Begins: Madhya Pradesh HC To State

Case Title: Amitabh Gupta Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 48

While disposing of Public Interest Litigation petition, the Madhya Pradesh High Court has directed the State to ensure case diary and charge sheet filed under Section 193 of Bhartiya Nagarik Suraksha Sanhita (BNSS) contains all the evidence which is both inculpatory as well as exculpatory in nature.

Section 193 of BNSS to Report of police officer on completion of investigation.

While referring to the decision of Supreme Court in In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials, the high court also directed the State to ensure strict compliance of Rule 117-A of Madhya Pradesh Rules and Orders (Criminal) by supplying all the material inculpatory as well as exculpatory, collected during the course of investigation to the accused before commencement of his trial.

MP High Court Cites Wrath Of Timber Mafia Depicted In 'Pushpa', Annuls Notification Exempting 62 Species Of Forest Produce From Transit Rules

Case Title: Vivek Kumar Sharma versus The State of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 49

In a significant ruling, a three-judge bench of the Madhya Pradesh High Court has annulled a 2015 State Notification exempting 62 species of forest produce from the operation of the rigours of provisions under the Transit Rules, 2000.

The court held the 2015 notification and subsequent 2017 amendment are "ultra vires" the provisions of Sections 41(1), (2) & (3) of the Forests Act and violative of Articles 14, 21, 48-A of the Constitution of India. It further observed that it was constrained to believe that exemption notification "had made the trees, plantation and biodiversity of the State present in its forest areas extremely vulnerable to the timber mafia".

Compelling Wife To Discontinue Studies Is Akin To Destroying Her Dreams, Amounts To Mental Cruelty: Madhya Pradesh High Court

Case Title: X v/s Y

Citation: 2025 LiveLaw (MP) 50

While granting divorce to a woman, the Indore Bench of Madhya Pradesh High Court has held that compelling the wife to discontinue her studies or putting her in a position not to continue her studies amounts to mental cruelty and constitutes a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

In doing so the court said that the family court ignored the fact that this was not a case where the woman was taking advantage of her own fault, but a case where she was sacrificing her dreams and career in the name of marital obligations.

'Acted As Govt Agent': Madhya Pradesh HC Fines Chief Information Commissioner ₹40K For Delay In Disclosing Info On Animal Husbandry Director

Case Title: Neeraj Nigam Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 51

In a plea claiming non-disclosure of information sought under the Right to Information Act within the stipulated time, the Madhya Pradesh High Court said that the Chief Information Officer had acted as an "agent" of the Government by not examining the facts of the case in detail.

The petitioner, a journalist, had sought information related to the tenure and work area of Director, Animal Husbandry in the state. The information sought by the petitioner, included the officer's first appointment order, posting order, all transfer and suspension orders made by the officer, attested copy of his caste certificate, complaints pending against him among others.

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape

Case Title: Munshilal Dhakad Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 52

The Gwalior Bench of Madhya Pradesh High Court has refused to quash an FIR lodged against an Advocate for allegedly misusing his professional relationship with a client and committing rape on her.

In doing so, the Court opined that it cannot be said that the consent of prosecutrix was free consent, if the applicant has misused his position. The Court also said that prosecutrix statement recorded under Section 164 of CrPC, in which she denied the allegation, cannot be given preference over FIR and statement recorded under Section 161 of CrPC.

'Shocking': MP High Court On State Withholding Honorarium Of Health Coordinators Who Worked During Covid-19 Despite Expiry Of Contract

Case Title: Dr. Leela Mittal And Others Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 53

The Gwalior Bench of Madhya Pradesh High Court has criticized the State authorities for denying honorarium to Early Childhood Care and Education Coordinators within the Child Development Project, who were compelled to work during the Covid-19 Pandemic even after their contractual period was over.

Higher Officials Never Come Up With Pay, Promotion Issues; Why Are Class III & IV Employees Victimised? MP High Court Asks Cabinet To Intervene

Case Title: The State Of Madhya Pradesh Through Public Health Engineering And Others Versus Balwant Singh Mandloi

Citation: 2025 LiveLaw (MP) 54

The Indore Bench of Madhya Pradesh High Court has asked the State Cabinet to look into the victimization of Class – III and IV employees by wrong and adamant approach of higher officials.

A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “We have come across various cases, in which Class – IV employees of the various departments of the State of Madhya Pradesh are affected by the decision taken by the superior officers. Most of the cases are of the nature of withdrawal of the pay scale upgradation, recovery at the time of retirement and non-grant of similar benefits to remaining employees and delay in promotion etc. We have not come across any cases in which Class – I & II officers are approaching this High Court in these types of litigation. Therefore, the Cabinet of ministers should consider why Class – III and IV employees are being victimized of the wrong and adamant approach of higher officials of the concerned Department so that harassment of the Class – III & IV employees and wasting the valuable time of the Court can be avoided.”

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty

Case Title: R Versus S

Citation: 2025 LiveLaw (MP) 55

While upholding the verdict passed by the Family Court, the Indore Bench of Madhya Pradesh High Court held that despite husband's objections, if a wife is involved in vulgar chatting with other men, it would amount to mental cruelty and a ground for divorce under Section 13 of the Hindu Marriage Act, 1955.

Indian Forest Act | Advocates Can Appear In Confiscation Proceedings, Though Can't Conduct Cross Examination: Madhya Pradesh High Court

Case Title: Bhagban Singh Parmar Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 56

The Madhya Pradesh High Court has held that Advocates can appear in confiscation proceedings before the forest officer under the Indian Forest Act, however they do not have the right to cross-examine the statements or affidavits filed in such proceedings.

Illegal Termination, Daily Wage Workers Entitled To Reinstatement With 50% Back Wages: MP HC

Case Title: The State of Madhya Pradesh v. Amit Gautam

Citation: 2025 LiveLaw (MP) 57

A single judge bench of Justice Vishal Mishra upheld a Labour Court's award that reinstated a daily wage worker with 50% back wages, after finding his termination violated the Industrial Disputes Act (ID Act). The court rejected the State's contention that reinstatement should not be granted as a routine remedy. It affirmed that when services are terminated without following the ID Act, reinstatement with back wages remains the normal rule.

SC/ST Act | "Repeat Appeal" For Bail After Plea Was Dismissed On Merits Not Maintainable Before HC, Accused Can Move Special Court: MP High Court

Case Title: Dharam Singh Parihar Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 58

While answering a reference with respect to the scope of Section 14A(2) of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, the Madhya Pradesh High Court held that a second criminal appeal against the Special Court or the Exclusive Special Court's original order rejecting bail is not maintainable.

The court further clarified that a "repeat appeal" for bail after the dismissal of the appeal would not be maintainable even if the accused wanted to file the appeal before the high court claiming a change of circumstances.

Attempt By Mighty State To Curtail Personal Freedom: MP High Court Quashes Collector's 'Cryptic' Externment Order Against Woman, Fines ₹25K

Case Title: Smt. Munni @ Madhuri Tiwari Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 59

Quashing a Collector's externment order prohibiting a woman from entering the boundaries of district Umariya and other neighbouring districts for a year, the Madhya Pradesh High Court termed it as "cryptic" observing that it appeared to have been passed due to "other compulsions" rather than the requirements of law.

In doing so the court quashed the order observing that it appeared to be an attempt by the "mighty State to curtail the personal freedom of an individual". The court further imposed Rs. 25,000 cost on the State to be paid to the woman by the Collector.

MP High Court Clarifies Distinction Between Original And Absorbed Janpad Panchayat Employees For Pension Eligibility

Case Title: Ganesh Ram Kahar v. The State Of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 60

A Division Bench of Justices Suresh Kumar Kait (Chief Justice) and Vivek Jain dismissed an appeal against a Single Judge's order. The court ruled that a Janpad Panchayat employee who failed to establish his absorption from the previous Janpad Sabha is not entitled to pension benefits. The court held that only employees of Janpad Sabha absorbed into Janpad Panchayat after the 1962 MP Panchayats Act would have pension rights, while original Janpad Panchayat employees were entitled only to Contributory Provident Fund.

EWS Members Face Economic Hardship, Different From Caste Discrimination: Madhya Pradesh HC Rejects Age Relaxation Plea For EWS In UPSC Exam

Case Title: Aaditya Narayan Pandey Vs. Union Of India And Others

Citation: 2025 LiveLaw (MP) 61

The Madhya Pradesh High Court has dismissed a plea filed by certain EWS category candidates praying for grant of age relaxation to the category in the UPSC Civil Services Examination.

In its earlier order dated February 14, the Court had passed an interim order permitting the EWS category candidates to fill the form and had directed the UPSC to extend the age relaxation benefit to them, in view of the fact that the form submission window was closing on February 18.

Malicious Prosecution Suit Requires Examination Of Evidence, Cannot Be Decided At Preliminary Stage: Madhya Pradesh High Court

Case Title: Dineshchandra Shrivastava And Others Versus Smt. Anuradha Saxena And Others

Citation: 2025 LiveLaw (MP) 62

While upholding the Trial Court's decision, the Gwalior Bench of Madhya Pradesh High Court has held that the question of whether a suit for malicious prosecution is maintainable or not cannot be decided at a preliminary stage by way of an application under Order VII Rule 11 CPC as it requires a thorough examination of evidence.

Persons With Higher Disability To Be Preferred In Public Employment: MP High Court Quashes Recruitment Process For Violating RPwD Act

Case Title: Siddhi Paal Versus Kaushal Vikas Kshetriya Kaaryalaya And Others

Citation: 2025 LiveLaw (MP) 63

The Madhya Pradesh High Court has recently quashed a 2024 advertisement and the recruitment process initiated by the state's Skill Development Department for not complying with the Rights of Persons With Disabilities Act (RPwD), 2016.

In doing so, the Court opined that a person with higher percentage of disability must be given preference in recruitment process with the condition that it does not come in the way of discharging duties attached to the post. The court also observed that the recruitment had violated a 2018 circular which provided that persons with higher disability shall be given the preference in public employment.

State Rules Violate NCTE Regulation: MP High Court Strikes Down 2nd Division In Masters Degree Criteria For Selecting High School Teachers

Case Title: Avnish Tripathi Versus The State Of Madhya Pradesh And Ors

Citation: 2025 LiveLaw (MP) 64

The Madhya Pradesh High Court has struck down the eligibility criteria for selecting High School Teachers in the Education Department which required a second division in Masters Degree, finding it "ultra vires", "manifestly arbitrary" and contrary to the National Council for Teacher Education (NCTE) Regulations.

In doing so that the court underscored that the NCTE's regulations would have primacy over the State rules, finding that the NCTE has laid down specific percentage of marks, which has not been followed by the State Government "without showing any reason".

Hindu Marriage Act Applies To Jain Community: Madhya Pradesh High Court Quashes Family Court Order Rejecting Divorce

Case Title: X versus Y

Citation: 2025 LiveLaw (MP) 65

While setting aside a Family Court order, the Madhya Pradesh High Court clarified that even though Jain community is recognized as a minority community vide a central government notification, it would be governed by the provisions of Hindu Marriage Act after noting that the marriage rituals are similar.

In doing so the court observed that the notification recognizing Jain community as a minority community did not amend, invalidate or supersede express provision of any existing laws. The court further said that the Family Court should have applied the legal provisions to the case instead of engaging in "scholarly interpretation of rituals and practices of Jaina community".

MV Act | MP High Court Orders Action Against Lawyer, Doctors Who Forged Disability Certificate For Claimant; Asks SIT To Probe Such Frauds

Case Title: Shriram General Insurance Company Ltd. Versus Rakesh Valtiya And Others

Citation: 2025 LiveLaw (MP) 66

While hearing a matter pertaining to a motor accident insurance claim, the Madhya Pradesh High Court has directed the Director General of Police to constitute a Special Investigation Team to investigate the cases of false implication where claimant, police, regional officials and doctors act in connivance.

In doing so the court reduced the net compensation payable to the claimant from Rs. 2,74,096 to Rs. 2,22,043 and directed an inquiry against the concerned doctors, pharmacy and the counsel involved in the matter.

Law Institutions Admitting Students Without Having BCI Recognition Shall Face Criminal Action: Madhya Pradesh High Court

Case Title: Vyom Garg And Others Vs The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 67

In a plea on denial of enrolment to law graduates by State Bar Council as they graduated from an institution not recognized by BCI, the Madhya Pradesh High Court directed that in future, criminal action shall be initiated against an institution if it admit students without having the necessary recognition.

S.109 IPC | Both Man & Woman Can Be Held Liable For Abetment To Rape If Act Is Committed In Consequence Of Abetment: Madhya Pradesh HC

Case Title: Prashant Gupta And Others Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 68

While hearing a criminal revision, the Madhya Pradesh High Court has reiterated that a man and woman both can be held liable for abetment to rape under Section 109 of the Indian Penal Code.

In doing so the court underscored that abetment is separate and distinct offence than rape and if the abetted act is committed in consequence of the abetment, then the person i.e. man or woman abetting such crime is liable to be punished under Section 109 of IPC. For context, IPC Section 109 provides for the Punishment of abetment if the act abetted is committed in consequence and where no express provision is there for its punishment.

Application U/S 94 Of IBC Cannot Be Entertained Against Sole Proprietorship Firms: Madhya Pradesh High Court

Case Title: Ramesh Kothari Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 69

The Madhya Pradesh High Court bench of Justice Vivek Rusia and Justice Prem Narayan Singh has held that since sole proprietorship firms are not included in the definition of the corporate person under section 3(7) of the Insolvency and Bankruptcy Code, 2016 (Code), an application under section 94 of the Code cannot be entertained.

Section 25 HMA | Spouse Can't Be Directed To Pay Permanent Alimony In Absence Of An Application: Madhya Pradesh High Court Reiterates

Case Title: X v/s Y

Citation: 2025 LiveLaw (MP) 70

The Madhya Pradesh High Court reiterated that without filing a formal application–either written or separate–under Section 25 of the Hindu Marriage Act (HMA), a spouse cannot be directed to pay permanent alimony.

Section 25 pertains to Permanent alimony and maintenance. It states that any court exercising jurisdiction under HMA may, at the time of passing any decree or at any time subsequent thereto, on an "application made to it for the purpose by either the wife or the husband", as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support a "gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant".

Baseless Allegations Of Communal Bias By Govt Employee To Stall Transfer Would Lead To Serious Breach In Executing Administrative Orders: MP HC

Case Title: Naseem Uddin Versus State Of Madhya Pradesh Through Principal Secretary Vallabh Bhawan, Bhopal (M.P) And Others

Citation: 2025 LiveLaw (MP) 71

While hearing a petition challenging a transfer order on the ground of religious discrimination, the Indore Bench of Madhya Pradesh High Court said that if such unsubstantiated allegations are allowed to be entertained on their face value, it would lead to serious breach in execution of administrative orders. The Court dismissed the petition noting that the petitioner could not demonstrate any mala fide intention on the part of the State.

Biometrics Are Necessary To Eliminate Discrepancies, But Failure Of Machine To Recognize A Person Cannot Override Their Fundamental Rights: MP HC

Case Title: Vinod Kumar Meena Versus Life Insurance Corporation Of India

Citation: 2025 LiveLaw (MP) 72

The Indore Bench of Madhya Pradesh High Court has held that a person's legal and fundamental right cannot be curtailed only on account of failure of a biometric machine to recognize him.

'Fraud Vitiates Everything': MP High Court Orders Removal Of Shivpuri's Malaria Technical Supervisor For Filing Fake Experience Certificate

Case Title: Nitin Gautam Versus State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 73

While ordering immediate removal of a Malaria Technical Supervisor in Shivpuri, the Madhya Pradesh High Court expressed concern over fraud played on the selection committee and filing of fraudulent documents in selection process of government service calling it a serious issue which cannot be ignored.

In doing so, the Court quashed the selection of the candidate on the post of Malaria Technical Supervisor after finding that he had filed a "forged experience certificate".

Madhya Pradesh HC Upholds Measures By Indore Municipality To Curb Traffic Congestion At Tourist Attraction '56 Dukan' Food Street

Case Title: Dharmendra And Others Versus The State Of Madhya Pradesh Department Of Urban Development And Housing And Others

Citation: 2025 LiveLaw (MP) 74

While hearing a plea filed by shop owners of the famous '56 Dukan' area–a food and shopping located in Indore, the Madhya Pradesh High Court upheld the measures taken by Indore Municipal Corporation to curb traffic congestion in the said area.

In doing so, the Court noted that the decision to put barricades on the road was done in larger interest of the public.

'Frivolous': Madhya Pradesh High Court Dismisses Plea Alleging Advocate General Charged 'Exorbitant Professional Fees'

Case Title: Law Students Association Vs The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 75

The Madhya Pradesh High Court recently dismissed an application alleging that the state's Advocate General Prashant Singh charged and was paid "exorbitant professional fees" to appear in certain matters including a plea where the advocate general appeared for state Nurses Registration Council.

This, the plea claimed, was despite government instructions that no separate fees was required to be paid to the law officers representing the 'Government Departments'.

Terming the allegations "frivolous", the high court said that such allegations should not be scrutinized, adding that the allegation without proof of making payment of exorbitant professional fees to the Advocate General cannot be looked into by the High court.

Madhya Pradesh HC Upholds Order Rejecting Migrant Candidate's Nomination Form On Ground Of Not Submitting State Caste Certificate

Case Title: Smt. Preeti Gehlod Versus M.P. State Election Commission And Others

Citation: 2025 LiveLaw (MP) 76

The Madhya Pradesh High Court upheld a district court order which rejected a mayoral candidate's election petition–who migrated from Rajasthan–on the ground that her nomination papers were rightly dismissed by the electoral officer as she did not submit caste certificate issued by the competent authority of the state.

In doing so the court relied on a circular issued by the state's General Administration Department as per which state government had clarified that the facility of the reservation shall not be available in Madhya Pradesh in absence of the caste certificate issued by the State of Madhya Pradesh.

MP High Court Seeks Report On Functioning Of District Judge Who Passed 'Cryptic' Order Ignoring Provisions Of Statute

Case Title: Mangalsharan Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 77

While dismissing a 'cryptic order' pertaining to Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, passed by a District Judge, the Madhya Pradesh High Court has directed inspection of files of the said District Judge and to furnish a report as to the functioning of the District Judge.

Guard Posted At HC Judge's Home Consuming Liquor On Duty Is 'Serious Misconduct': MP High Court Upholds Penalty Of Compulsory Retirement

Case Title: Ashok Kumar Tripathi Versus State Of M.P And Others

Citation: 2025 LiveLaw (MP) 78

While upholding an order of compulsory retirement of a Guard posted at a High Court Judge's bungalow, the Madhya Pradesh High Court observed that since a guard's duty is to protect, consuming liquor while on duty is a serious misconduct.

Attempt To Shield Ineligible Persons: MP High Court Quashes CIC Order Denying RTI Info On Experience Certificate Of Public Office Appointees

Case Title: Dr. Jayshree Dubey vs. The Central Information Commissioner And Others

Citation: 2025 LiveLaw (MP) 79

The Madhya Pradesh High Court quashed an order of the Central Information Commission which denied information to an applicant under RTI Act pertaining to educational qualification including experience certificate of candidates appointed to public office, holding that the same cannot be termed as private information.

In doing so the court said that the stand taken by the Central Information Commission in denying the information to the petitioner, which was permitted as per Section 11(1) proviso and going against earlier CIC orders, appears to be an attempt for nondisclosure of information and "an attempt to shield unscrupulous and ineligible persons".

'Merely Because A Man Is Known To Woman, Wouldn't Give Him License To Commit Rape': MP High Court Refuses To Quash FIR

Case Title: Raghuraj Gurjar Alias Raju Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 80

While dismissing an application for quashing of rape FIR against a man, the Madhya Pradesh High Court said that merely because a man is acquainted to a woman, it would not give him a 'license' to commit rape.

A single judge bench of Justice Gurpal Singh Ahluwalia observed, “The prosecutrix in her F.I.R. has specifically stated that applicant was known to her for the last 3 years. therefore, the photographs, which have been relied upon by applicant corroborates the contention of prosecutrix that applicant is known to her. Merely because if a man is known to a woman, would not give a license to man to commit rape.”

Abduction From Public Spot, Assault & Making False Video With Self-Incriminating Words Under Threat Is Heinous Offence: MP High Court

Case Title: Sourav Gurjar And Others Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 81

While refusing to quash a FIR following compromise between parties, the Madhya Pradesh High Court held that abduction from a public place, assaulting by butt of pistol and making a false video containing self-incriminating admissions under threat would come under the ambit of heinous offence.

Madhya Pradesh HC Quashes Order Sealing Fertility Clinic, Says It Violated Natural Justice Priniciples & Was Passed In 'Haphazard Manner'

Case Title: Sarvottam Suyash Clinic And Fertility Centre v/s State Of Madhya Pradesh & Others

Citation: 2025 LiveLaw (MP) 82

The Madhya Pradesh High Court recently quashed an order issued by the State authorities sealing and de-registering a fertility clinic, on the ground that the authorities issued the order in a 'haphazard manner' without following the principles of natural justice.

Marital Rape Not Recognized In India: Madhya Pradesh HC Upholds Acquittal Of Man In 'Unnatural' Sex Allegation Filed By Wife

Case Title: JK Versus State Of Madhya Pradesh And Another

Citation: 2025 LiveLaw (MP) 83

The Indore Bench of Madhya Pradesh High Court has upheld the order acquitting a man charged in unnatural sex offence.

Referring to the judgement of Supreme Court in Navjet Singh Johar v. Union of India Ministry of Law and judgement of Madhya Pradesh High Court in Umang Singhar v. State of Madhya Pradesh, a single judge bench of Justice Binod Kumar Dwivedi observed that till date “marital rape” has not been recognized under IPC.

English Version Of National Council For Teachers Education Regulation Will Prevail Over Hindi To Assess Recruitment Criteria: MP High Court

Case Title: Sunita Gupta Versus The State Of Madhya Pradesh School Education Department And Others

Citation: 2025 LiveLaw (MP) 84

The Madhya Pradesh High Court has said that English text of National Council for Teachers Education (Recognition Norms and Procedure) Regulation (NCTE) shall prevail over the Hindi version in case of discrepancy, after noting that since the regulation is made by Centre its version in English language will be applicable.

The court said this while directing the state education department to appoint a woman as Middle School Teacher/ Madhyamik Shikshak, earlier denied on the ground that she did not meet the criteria of B.Ed. degree with 50% marks wherein the department placed reliance on the Hindi version of the 2014 regulation.

MP High Court Upholds Order Confirming 6-Month Detention For 21 Yr Old Accused Of Repeated Drug Trafficking Despite Bail

Case Title: Atul versus Union Of India And Others

Citation: 2025 LiveLaw (MP) 85

The Madhya Pradesh High Court has upheld an order detaining a 21-year-old man for six months who was allegedly involved in continuous illicit trafficking of narcotic drugs even after being released on bail.

The court opined that the order was desirable and in the interest of the society.

'First Come First Serve' Policy Inherently Flawed, Cannot Be Resorted To In Matters Of Public Employment: Madhya Pradesh High Court

Case Title: Vivek Dwivedi Versus Union Of India Ministry Of Jal Shakti Department Of Water Resources River Development And Ganga Rej And Others

Citation: 2025 LiveLaw (MP) 86

The Indore Bench of Madhya Pradesh High Court has reiterated that the policy of First Come First Serve is 'inherently flawed' and should not be applied by the State in matters of public employment.

The Court directed the Ministry of Jal Shakti Department of Water Resources to not resort to the said policy in future.

“Shocking”: High Court Imposes ₹5 Lakh Fine On Bhopal DIG For Suppressing Evidence In 2017 Murder Case, Criticizes Trial Court's Approach

Case Title: Ramu @ Manvendra Singh Gurjar Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 87

The Gwalior Bench of Madhya Pradesh High Court has directed the present Deputy Inspector General of Bhopal to pay a fine of Rs 5 lakh for deliberately suppressing evidence in a murder case, while he was posted as the Superintendent of Police at Datia District.

In doing so, the Court has also directed the Director General of Police to initiate departmental inquiry against the officer.

A single judge bench of Justice Gurpal Singh Ahluwalia observed, “It is really a shocking state of affairs where the Police has not risen up to the minimum level of duties expected from them.”

Schizophrenia Diagnosis Unlikely To Improve, Falls Under Permanent Disability: MP High Court Directs Appointment Of Man As IT Officer

Case Title: Arpit Kumar Bhana Versus Union Bank Of India And Others

Citation: 2025 LiveLaw (MP) 88

The Indore Bench of Madhya Pradesh High Court directed the appointment of a man as IT Officer of the Union Bank of India, whose candidature was rejected on the ground that his mental disability- Schizophrenia was temporary. The Court opined that since the disability certificate did not mention any likely improvement in future, therefore, the disability would fall under the 'permanent' category.

MP High Court Dismisses Congress Leader Prakash Mangilal Sharma's Plea Challenging Election Of BJP MLA Alleging EVM Tampering

Case Title: P C Shamra (Prakash Mangilal Sharma) Versus Shri Bhagwandas Sahbnani

Citation: 2025 LiveLaw (MP) 89

The Madhya Pradesh High Court has dismissed a petition filed by Congress Leader Prakash Mangilal Sharma challenging the election of BJP Leader and MLA from Bhopal Dakshin-Paschim Assembly constituency Bhagwandas Sahbnani alleging EVM tampering.

'Ensures Meritorious Students Get Admission': MP High Court Upholds Vires Of CM's Public Welfare Education Encouragement Scheme

Case Title: H.K. Kalchuri Educational Trust And Others Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 90

The Madhya Pradesh High Court has upheld the constitutional validity of Mukhya Mantri Jankalyan Shiksha Protsahan Yojana (Chief Minister's Public Welfare Education Encouragement Scheme) which provides financial assistance to meritorious students domiciled in Madhya Pradesh to take admission in Government or Private institutions in Madhya Pradesh.

Madhya Pradesh HC Dismisses Plea Seeking Licensing Procedure For Manufacturing And Selling Sharp-Edged Weapons

Case Title: Subhash Singh Tomar Versus Union Of India Through Its Secretary And Others

Citation: 2025 LiveLaw (MP) 91

The Indore Bench of Madhya Pradesh High Court has dismissed a petition which sought direction to the Central Government to formulate a licensing procedure for manufacturing and selling sharp-edged weapons.

The Court opined that Court cannot be used to compel the Government to formulate a policy for manufacturing sharp edged weapons which might only be used by 'unscrupulous' persons.

'Grave Misconduct': Madhya Pradesh HC Upholds Dismissal Of Civil Judge For Acquitting Accused Without Writing Judgment

Case Title: Mahendra Singh Taram vs. State of Madhya Pradesh and Others

Citation: 2025 LiveLaw (MP) 92

The Madhya Pradesh High Court has upheld the dismissal of a civil judge for acquitting accused in criminal trials without writing a judgement. The Court stated that the charges are of 'grave misconduct' and cannot be condoned.

The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “When we look into the record, it is noted that all the five charges were proved against the petitioner. The charges are of grave misconduct that he acquitted the accused in criminal trials without writing a judgment, which are obviously of serious nature. The same cannot be condoned. All the charges levelled against him are relating to criminal cases. He was afforded due opportunity of hearing to put his defence and after considering his reply, the said decision was taken by the Disciplinary Authority and the Full Court. The scope of judicial review is very limited in such a case.”

Election Petition Presented By Advocate Without Specific Authorization Under Panchayat Rules Is Not Valid Representation: MP High Court

Case Title: Kamlabai Versus Rajendra Singh And Others

Citation: 2025 LiveLaw (MP) 93

While hearing an appeal challenging the order of rejection of application for dismissal of election petition, the Madhya Pradesh High Court said that presentation of election petition by an Advocate under state Panchayat (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, without specific authorization, is not valid.

MP High Court Directs Immediate Transfer Of Head Constable Accused Of Rape For Manipulating Probe

Case Title: Prakash Pawaiya Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 94

The Madhya Pradesh High Court has directed the state's Director General of Police to immediately transfer a head constable accused of rape, for trying to manipulating the investigation.

The Court while dismissing the constable's plea to quash the rape FIR, also gave liberty to the police authorities to take the constable in custody. Further, the Court noted that only under the pressure of District Magistrate, the FIR was lodged.

'Error Of Judgment, Not Major Misconduct': MP High Court Grants Relief To Judge Dismissed From Service After Granting Bail To Murder Accused

Case Title: Roop Singh Alawa Vs. State Of Madhya Pradesh And Another

Citation: 2025 LiveLaw (MP) 95

While granting relief to a District and Sessions Judge, the Madhya Pradesh High Court replaced the punishment of dismissal from service imposed on the judicial officer with punishment of withholding two increments.

The Court opined that the dismissal of the judge was based on an error of judgement and not major misconduct. Thus, the Court termed the punishment of dismissal from service as 'shockingly disproportionate'.

Court Must Intervene When Party Tries To Undervalue Substantive Relief Sought In Plaint For The Purpose Of Paying Court Fees: MP High Court

Case Title: Ramcharan Goyal v Kamlrani Verma and Ors.

Citation: 2025 LiveLaw (MP) 96

The Gwalior Bench of Madhya Pradesh High Court held that the valuation of suits must be based on the relief sought and the substance of the plaint and not merely on the words used in the plaint.

In doing so, the Court said that where a plaintiff attempts to under-value a suit, the Court has to intervene to ascertain whether the relief sought has real money value.

PIL Against State's Inaction On 'Vandalisation' Of Ambedkar's Statue: MP High Court Directs Police To Probe Until Culprits Are Booked

Case Title: Jitendra Ahirwar Vs The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 97

While hearing a PIL questioning inaction of authorities against people accused of breaking Dr. BR Ambedkar statue, the Madhya Pradesh High Court has directed the concerned Investigating Officer and Superintendent of Police to investigate the matter until culprits are booked.

In doing so, the Court while disposing of the plea, has also asked monthly reports to be filed before the concerned Magistrate.

'Shocking & Disproportionate': MP High Court Quashes Dismissal Of Driver Who Was Late For VIP Duty Of Attending To High Court Judge

Case Title: Vijay Singh Bhadauriya Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 98

While setting aside the dismissal of a driver as "punishment" for reaching late on VIP duty to attend to a High Court Judge, the Madhya Pradesh High Court remitted the matter to the disciplinary authority to reconsider the quantum of punishment imposed on the delinquent.

In doing so, the Court said that the punishment of removal from service was 'shocking' and 'disproportionate'.

'Denial Of Adequate Opportunity To Cross-Examine Prosecution Witness Seriously Prejudices Accused's Right To Defence': Madhya Pradesh HC

Case Title: Shyam Premchandani Versus The State Of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 99

While upholding the right to fair trial of an accused, the Indore Bench of Madhya Pradesh High Court said that denial of adequate opportunity to cross-examine a witness might prejudice the right to defend of an accused.

In doing so, the Court opined that the closure of right to cross-examine on first opportunity was 'harsh' and 'improper'.

Change Of Counsel Is Not Grounds To Recall Witness, Accused Can't Hijack Proceedings Of Court As Per Convenience: Madhya Pradesh HC

Case Title: Rinku Baraiya Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 100

The Indore Bench of Madhya Pradesh High Court has held that change of counsel cannot be a ground to recall a witness.

A single judge bench of Justice Gurpal Singh Ahluwalia observed “It is clear that only change of counsel cannot be a ground to recall a witness. Even otherwise, convenience of witnesses cannot be ignored and the accused cannot be allowed to hijack the proceedings of the trial Court as per his own convenience. Furthermore, applicant has also not filed copy of the deposition sheets of Dr. U.S. Tiwari to show that which important questions were not put to him. This Court cannot presume that the lawyer who was engaged by applicant voluntarily was incompetent.”

MP HC Grants Reinstatement With 50% Back Wages, As Termination Violated Section 25(F), Industrial Disputes Act, 1947

Case Title: Pankaj Kumar Mishra Versus Krishi Upaj Mandi Samiti Thr

Citation: 2025 LiveLaw (MP) 101

A single judge bench consisting of Justice Milind Ramesh Phadke set aside a labour court award of 2017, that had denied a worker full back wages. The court held that the worker's termination was illegal, as it violated Section 25(f) of the Industrial Disputes Act, 1947 ('ID Act'). Relying on an earlier case from the same court, the High Court directed the worker's reinstatement with 50 % back wages and other consequential benefits.

Irregularly Appointed Staff, If Confirmed, Can't Be Terminated Arbitrarily: MP High Court

Case Title: Narendra Tripathi Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 102

A division bench consisting of Justice Suresh Kumar Kait and Chief Justice Vivek Jain, reinstated a university employee terminated after over 25 years of service. The court ruled that his appointment was merely irregular and not illegal, and that subsequent confirmation of service had regularised his post. The court held that confirmed employees cannot be terminated without proper inquiry, notwithstanding if the initial appointment was irregular.

'Attempt To Shirk Responsibilities': MP High Court Slams State For Denying Compensation To Late Policeman's Wife Under CM Covid-19 Scheme

Case Title: Meena Bhabhar Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 103

The Madhya Pradesh High Court pulled up State authorities for denying compensation to wife of a policeman who died while performing duty during the Covid-19 Pandemic.

While setting aside the impugned order, the Court directed the authorities to pay compensation to the petitioner as per Mukhya Mantri COVID-19 Yoddha Kalyan Yojna (CM COVID-19 Warrior Welfare Scheme).

MP High Court Declines To Reduce Sentence Of Man Convicted For Sand Theft Through Illegal River Mining, Cites Environmental Impact

Case Title: Lakhan Versus State Of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 104

In a significant ruling, the Madhya Pradesh High Court citing environmental impact, refused to reduce the sentence of an accused convicted for theft of sand by illegal mining from a river.

'Wholly Illegal': MP High Court Restores Possession Of 133-Yr-Old Property To Two Sisters Forcibly Removed By Central Authorities

Case Title: Ann. Chandiramani And Others Versus Union Of India And Others

Citation: 2025 LiveLaw (MP) 105

The Madhya Pradesh High Court has directed the Union Ministry of Defence to restore possession of a 133-year-old property to two sisters who were forcibly and illegally dispossessed of their property.

In doing so, the Court said that the manner in which possession was taken by the defendants was wholly illegal and defied all canons of law.

Repetition Of Old & Overruled Arguments Not Sufficient To Reopen Concluded Adjudications In Review Petition Assailing Arbitration Order: MP High Court

Case Title: M/S Banmore Electricals Pvt Ltd Through Its Director Nirmal Kumar Jain Versus Madhya Pradesh Industrial Development Corporation Limited

Citation: 2025 LiveLaw (MP) 106

The Madhya Pradesh High Court Bench of Justice Milind Ramesh Phadke has held that repetition of old and overruled arguments is not enough to reopen concluded adjudications as the review proceedings under Order 47 Rule 1 r/w Section 114 of CPC challenging an arbitration order cannot be equated with the original hearing of the case. The scope of review is very limited.

Teachers Absorbed Into State Service From Panchayats Are Entitled To Gratuity Under Payment Of Gratuity Act: MP HC

Case Title: The State Of Madhya Pradesh And Others Versus Shivnath Singh Kushwah And Others

Citation: 2025 LiveLaw (MP) 107

A single judge bench of Justice Vivek Jain dismissed a writ petition filed by the state of Madhya pradesh. The petition challenged an order that granted gratuity to teachers, who were absorbed into State service. The court upheld that the teachers absorbed into state service from panchayats are entitled to gratuity under the Payment of Gratuity Act, 1972, and that the service period before their absorption must be counted towards gratuity calculation.

Appointing Arbitrator U/S 3(G)(5) Of National Highways Act Does Not Constitute Seat Of Arbitration, Is Rather A Convenient Venue: MP High Court

Case Title: National Highways Authority of India v. Dinesh Singh & Others

Citation: 2025 LiveLaw (MP) 108

The Madhya Pradesh High Court Bench at Gwalior of Justice Milind Ramesh Phadke has observed that appointment of arbitrator under Section 3(G)(5), National Highways Act, 1956 (“NH Act”) will not amount to the seat of the arbitrator rather it would be a convenient venue and therefore courts where a part of cause of action had arisen will also have jurisdiction over such arbitral proceedings.

While holding so the Court highlighted the difference between ordinary arbitral proceedings arising out of a commercial contractual agreement where parties normally agree to a seat as opposed to statutory arbitrations such as the one mandated by NH Act where there is no contractual agreement and no seat or venue has been decided by the parties.

Rights Already Accrued Cannot Be Taken Away Through Subsequent Amendments Having No Retrospective Effect: MP HC

Case Title: Santosh Bhalave Versus State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 109

A single judge bench of Justice Sanjay Dwivedi held that the Academic Grade Pay (AGP) benefits once granted, cannot be taken away by subsequent amendments that only have prospective effect. The court explained that the new AICTE (All India Council for Technical Education) Regulation, 2016, cannot be used to withdraw AGP benefits granted under the AICTE Regulation, 2010. Thus, the court directed the state to restore all benefits with 8% interest.

JJ Act Overrides NIA Act, Juvenile Booked Under UAPA To Be Tried By Children's Court: Madhya Pradesh High Court

Case Title: In Reference Vs. Memo No.454/2024 Bhopal Dated 23/11/2024

Citation: 2025 LiveLaw (MP) 110

While hearing a matter concerning juvenile accused of offences under the Explosives Substances Act and the UAPA, the Madhya Pradesh High Court held that the non-obstante clause of the Juvenile Justice Act, 2015 will override the National Investigation Agency Act, 2008.

Considering the effect of the non-obstante clause, the Court held that the juvenile in conflict with law shall be tried by the Children's Court and not by Special Judge under the NIA Act.

MP High Court Upholds Removal Of Judge Accused Of Abusing, Assaulting Staff Including Women & Making Lawyers Do Sit-Ups

Case Title: Kaustubh Khera Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 111

The Madhya Pradesh High Court has upheld the termination of services of a judicial officer who was on probation and was found unsuitable for the post, and was also additionally accused of verbally abusing and assaulting court staff including women as well as making bar members do sit-ups for apology.

MP High Court Holds Amendment Depriving Veterinary Doctors From Benefit Of Enhanced Retirement Age Upto 65 Yrs As Discriminatory

Case Title: Dr. O. P. Singh & Others Versus State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 112

While hearing a series of petition filed by veterinary doctors regarding enhancement of age of retirement, the Madhya Pradesh High Court has held that depriving the veterinary doctors of the benefit of enhancement of age of retirement up to 65 years is discriminatory, unconstitutional and violates Article 14 of the Constitution.

MP High Court Asks State To Consider Framing Policy Giving Food, Shelter, Education To Children Of Sexual Abuse Survivors

Case Title: Prosecutrix X versus The State of Madhya Pradesh and Others

Citation: 2025 LiveLaw (MP) 113

While permitting a 31-weeks pregnant minor rape survivor to give birth, the Madhya Pradesh High Court has urged the State Government to consider formulating a policy to provide for food, shelter, education of the children given birth by sexual assault, rape or incest survivors.

'State Owns Every Mineral', Panchayat Can't Excavate Without Authorisation: MP High Court Refuses To Quash Sand Theft FIR Against Official

Case Title: Amol Singh Yadav Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 114

While refusing to quash a FIR lodged against a Panchayat official for alleged sand theft, the Madhya Pradesh High Court said that the State Government is the owner of every mineral and illegal excavation of the same would amount to commission of theft.

In doing so, the Court also noted that the illegal excavation of sand or any other minor mineral was causing great damage to the ecological system of the concerned area, thus, it had to be dealt with 'iron hands'.

'Prima Facie Attempt To Establish Mughal Order': MP High Court Upholds Order Denying Bail To Lawyer Booked Under UAPA

Case Title: Wasid Khan Versus The State Of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 115

The Madhya Pradesh High Court refused to intervene with an order denying bail to a lawyer, after "prima facie" noting that as per the evidence an attempt was made to disrupt communal harmony in the society with an object of establishing a 'Mughal Order' which existed prior to British rule.

The advocate, who is stated to have conducted legal awareness programs, moved the high court against rejection of his bail by the trial court.

In 'Blatant Case Of Corruption' Accused Can't Claim Suspension Of Sentence As A Right Citing Delay In Appeal Disposal: MP High Court

Case Title: Manish Vijayvargiya Vs State Of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 116

While dismissing an application for suspension of sentence, the Madhya Pradesh High Court observed that in cases of blatant corruption, the accused cannot claim suspension of sentence as a matter of right merely because the appeal is not likely to be heard at an early date.

Zila Panchayat Can Withdraw Financial Powers From Sarpanch Involved In Corruption Case: MP High Court

Case Title: Manghu Baiga Versus State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 117

The Madhya Pradesh High Court has held that the Chief Executive Officer of Zila Panchayat can issue orders withdrawing financial powers of Sarpanch found to be involved in a corruption case.

Husband Forcefully Committing Unnatural Sex With Wife & Assaulting Her For Resisting Can Be Prosecuted For Cruelty: MP High Court

Case Title: BJ Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 118

The Madhya Pradesh High Court has held that husband committing unnatural sex with wife against her wishes and assaulting her for resisting would fall under the definition of cruelty under Section 498A of IPC.

MP High Court Holds Excise Act Provision Allowing DM To Confiscate Vehicle With Illegal Liquor & Denying Defence To Owner As Ultra Vires

Case Title: Ramlal Jhariya Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 119

The Madhya Pradesh High Court has declared Section 47A MP Excise Act–which empowers the DM to confiscate a vehicle and deprives the owner from relying on the defence of knowledge regarding use of vehicle–as ultra vires to the right to practice a profession (Article 19(1)(g)) and right to property (Article 300) under the Constitution.

Case Title: Piyush Patidar Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 120

The Madhya Pradesh High Court has quashed a condition in a job advertisement issued by Department of Farmers Welfare and Agricultural Development which mandated Graduation or Post-Graduation from ICAR (Indian Council for Agricultural Research) Accredited Institute.

'Gross Misuse Of Powers By Police': MP High Court Quashes FIR In Fake Motor Accident Case, Directs DGP To Conduct Inquiry Against Officers

Case Title: Roopansh Khatri And Others Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 121

While quashing a FIR in a fake motor accident case, the Madhya Pradesh High Court condemned the act of police officials for misleading the case and fabricating evidences against the litigant to incriminate him in a 'non-existent' case.

In doing so, the Court also directed the Director General of Police to inquire whether the activities of various police officials in the matter lead to any criminal offence or misconduct on their part and to proceed accordingly.

Sole Official's Absence Can't Hamper Entire Mandi Board's Work: Madhya Pradesh High Court Upholds Suspension

Case Title: Shankar Singh Dawar Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 122

The Madhya Pradesh High Court upheld the suspension of an official by the Managing Director of Krishi Mandi Board, who was acting in place of the Additional Director who had been recently transferred, ruling that an officer's absence cannot hamper the working of the entire board.

MP High Court Slams State For 'Sleeping Over' Execution Of Revenue Notice After Labour Court Granted Relief To Diploma Holder Supervisor

Case Title: The State Of Madhya Pradesh And Others Versus Rajendra Kumar Sharma

Citation: 2025 LiveLaw (MP) 123

While dismissing State's plea against a 2024 decision rejecting its request for modification of a 2013 Labour Court order, the Madhya Pradesh High Court slammed the authorities for 'sleeping' over execution of the revenue notice passed after the labour court's order and for not acting against erring officers responsible for such inaction.

MP High Court Slams Magistrate For Sending Attempt To Murder Case To Sessions Court Without Considering Merits, Says It Acted 'Passively'

Case Title: Parimal Singh Gurjar Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 124

The Madhya Pradesh High Court criticised a Magistrate for playing a 'passive role' by not taking cognizance under Section 190 CrPC in a matter where chargesheet was only filed against two out of the four accused for the offence of attempt to murder under Section 307 IPC.

The Court opined that the Magistrate failed to apply judicial mind, did not consider the merits of the case and had simply said that Section 307 is to be tried by Sessions court. Clarifying the scope of Section 193 of CrPC (Cognizance of offences by Courts of Session), the high court directed the Sessions Judge to take cognizance in the matter.

Order Passed To Save Education Dept's Face: MP High Court Quashes College Principal's Suspension For No Direct Role In Irregular Evaluation

Case Title: Dr. Rakesh Kumar Verma Vs. State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 125

While setting aside the suspension order of a Government College Principal, the Madhya Pradesh High Court said that the order was passed just to save the face of department among the public and to show that appropriate action was taken for the alleged irregularity in evaluation of answer sheets.

The Court noted that the Higher Education Department passed the order without taking into account the enquiry report, which revealed that the petitioner was not 'directly' involved in the alleged irregularity.

MP High Court Allows Husband To Produce Wife's WhatsApp Chats Obtained Without Her Consent To Prove Adultery Allegations

Case Title: Smt Anjali Sharma Versus Raman Upadhyay

Citation: 2025 LiveLaw (MP) 126

While hearing a matrimonial dispute, the Gwalior Bench of Madhya Pradesh High Court held that private WhatsApp Chat is admissible as evidence under Section 14 of the Family Courts Act even if it was obtained without consent of the partner or is not admissible under the Indian Evidence Act, 1872.

MP High Court Grants Bail To Lecturer Booked For Hurting Religious Sentiments By Forwarding Content On WhatsApp

Case Title: Dr. Nasheem Bano Versus The State Of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 127

The Madhya Pradesh High Court has granted bail to a Lecturer who was accused of circulating questionable religious content on WhatsApp which allegedly hurt the sentiments of a community.

In doing so, the Court said that simply on ground of forwarding messages and videos which may hurt religious sentiments of others, a person cannot be kept in jail indefinitely.

Judicial Officers Acting In Official Capacity Cannot Be Prosecuted Unless Malafide Is Apparent: Madhya Pradesh High Court

Case Title: Kamlesh Chaturvedi v Saksham Adhikari Dwitiya Vyavhar Nyayadheesh

Citation: 2025 LiveLaw (MP) 128

The Madhya Pradesh High Court, in a recent judgment, highlighted that judicial officers, while acting in their judicial capacity, are protected from prosecution. The court reiterated that judicial officers enjoy protection under Section 197 of the CrPC (Criminal Procedure Code) and interference through Article 226 and 227 is only possible if there is clear malafide intentions or cogent evidence is available.

Ex Parte Order Can Be Recalled If Party Complies With Directions & Legal Issues Require Full Hearing For Proper Adjudication: MP High Court

Case Title: M/S Tricon Energy Uk Limited Through Its Authorized Signatory Mr. Santosh Koli Vs M/S Kriti Industries (India) Limited

Citation: 2025 LiveLaw (MP) 129

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar has held that an ex parte order may be recalled when the concerned party appears later, complies with the court's directions, and the matter involves complex legal issues requiring a fair hearing from both sides for an effective adjudication.

'Act Was Brutal But Not Committed With Brutality': Madhya Pradesh High Court Commutes Death Penalty In Child Rape Case

Case Title: Rajaram @ Rajkumar v The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 130

The Madhya Pradesh High Court commuted death penalty of a 20 year old man belonging to a scheduled tribe convicted of raping a 4 year old child. The trial court had granted capital punishment, noting that the child was left permanently disabled. The high court, while acknowledging the gravity of the offence, held that although the act was undeniably brutal, it was not executed with brutality.

'Opportunity To Be Heard Was Not Granted': Madhya Pradesh High Court Quashes Order Terminating Panchayatkarmi

Case Title: Narendra Kumar Sharma v The State Of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 131

The Madhya Pradesh High Court set aside a termination order of a Panchayatkarmi, noting that the removal/ termination order was passed in violation of the principles of natural justice. The bench noted that the petitioner was neither granted any opportunity to file written statements nor was granted an opportunity to be heard.

Madhya Pradesh High Court Upholds Penalty Against District Court Clerk For Delay In Relaying Important Information Requested By HC

Case Title: Nand Kishore Choudhary v High Court of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 132

The Madhya Pradesh High Court upheld a disciplinary action initiated against an Executant Clerk, serving in the Court of Judicial Magistrate First Class, for causing undue delay in relaying essential information requested by the High Court.

Madhya Pradesh High Court Dismisses Father's Habeas Corpus Plea For Custody Of Minor Child, Suggests Alternate Remedy U/S 13 Of CPC

Case title: Vishnu Gupta Vs. State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 133

The Madhya Pradesh High Court in its Gwalior Bench dismissed a habeas corpus petition filed by a father based in USA, seeking the custody of his minor son.

The Bench comprising of Justice Anand Pathak & Justice Rajendra Kumar Vani deliberated on whether an order passed by the Foreign Court directing the mother to produce the child before it would render the custody of the minor unlawful.

The court stated that the petitioner has an alternate remedy in form of section 13 & 14 of the CPC but has to satisfy its requirements.

Madhya Pradesh High Court Rejects Appeal To Allow Urs, Namaz At Gwalior's Centrally Protected Muhammad Ghaus Dargah

Case Title: Sabla Hasan Vs. The Union Of India & Ors.

Citation: 2025 LiveLaw (MP) 134

The Madhya Pradesh High Court dismissed an intra-court appeal seeking permission to perform religious and cultural activities, including Urs (Jalsa) and Namaz, at the tomb of Hazrat Sheikh Muhammad Ghaus in Gwalior, a monument declared of national importance and protected (in 1962) under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

A Bench of Justice Anand Pathak and Justice Hirdesh noted that the monument “deserves to be protected with utmost care and caution” and no such activities, as sought by the appellant, could be permitted. Otherwise, it added, the monument "will lose its originality, sanctity, and vitality".

Madhya Pradesh HC Dismisses Plea Seeking Guidelines To Curb Allegedly Misleading News Reports Targeting Muslims

Citation: 2025 LiveLaw (MP) 135

The Madhya Pradesh High Court last week refused to entertain a writ petition seeking preventive and prohibitory action against allegedly misleading news reports and publications targeting the Muslim community and Islam.

Dealing with a writ plea filed by one Maruf Ahmad Khan, a bench of Justice Vishal Mishra said that the reliefs sought were in the nature of a Public Interest Litigation (PIL), and therefore, the same were not maintainable in the plea seeking mandamus.

MP High Court Quashes Remarks Against Ex-State CIC's Conduct For Delaying RTI Info, Says Decision Was 'Bona Fide'

Case Title: Arvind Kumar Shukla v Neeraj Nigam

Citation: 2025 LiveLaw (MP) 136

The Madhya Pradesh High Court set aside adverse observations made on the conduct of former State Chief Information Commissioner (CIC) Arvind Kumar Shukla in an order passed by a single judge bench and quashed the direction to recover a penalty of Rs. 40,000.

A division bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf observed that the order passed by the CIC with respect to information sought by an RTI applicant was passed in bona fide discharge of his duties.

Madhya Pradesh High Court Commutes Death Penalty Imposed On Man For Committing Rape Of Minor Relative

Case Title: In Reference vs. VA

Citation: 2025 LiveLaw (MP) 137

The Madhya Pradesh High Court commuted the death penalty awarded to a man convicted for rape of a minor girl aged 12 years. The court commuted the death penalty after noting that the convict was 24 years of age and had no criminal antecedents, except one murder case, which is under appeal.

The bench, however, upheld his conviction, observing that the "chain of all the circumstances is complete to point out towards the guilt of the appellant and nobody else. Therefore, as far as conviction is concerned, that is required to be upheld and is hereby upheld".

2025 AIBE: MP High Court Rejects PIL By Candidate Seeking Reduction In Passing Marks Following Deletion Of Questions

Case Title: Shrankhala v Bar Council of India and Others

Citation: 2025 LiveLaw (MP) 138

The Madhya Pradesh High Court dismissed a PIL plea challenging the results of the 2025 All India Bar Examination (AIBE) and seeking a direction to Bar Council of India to lower the minimum passing marks in proportion to the number of valid questions and to republish the results.

Commercial Courts Act Applies On Immovable Properties 'Actually & Exclusively Used' For Trade & Commerce: MP High Court

Case Title: Mohit Sadana v Vijay Kumar Goyal

Citation: 2025 LiveLaw (MP) 139

The Madhya Pradesh High Court has clarified that for a dispute to fall within the jurisdiction of the Commercial Courts Act, 2015 the immovable property in question must be "actually used" and "exclusively used" for the purpose of trade and commerce.

Reinstatement Not Automatic Remedy For Illegal Termination, Court Awards Lumpsum Compensation; MP HC

Case Title: MPMKVV Co. Ltd. & Others Vs. Surendra Kumar Gupta

Citation: 2025 LiveLaw (MP) 140

A single judge bench consisting of Justice Milind Ramesh Phadke denied reinstatement to a contractual employee who worked for the Madhya Pradesh Madhya Kshetra Vidyut Vitaran (MPMKVV). The court explained that reinstatement is not the automatic consequence of illegal termination, especially if it involved a daily wage or contractual worker.

NEET-UG 2025: Madhya Pradesh High Court Allows Re-Test For Petitioners Affected By Power Outage At Indore & Ujjain Centres

Case Title: Laxmi Devi Versus National Testing Agency And Others

Citation: 2025 LiveLaw (MP) 141

The Madhya Pradesh High Court directed the National Testing Agency to hold a re-test of the NEET-UG 2025 exam for the candidates who were affected by a power outage at the centres in Indore and Ujjain.

Justice Subodh Abhyankar passed the order allowing a batch of writ petitions filed by the affected students. Since the petitioners were put at a disadvantage for no fault of theirs, the Court observed that a re-test was necessary.