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

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.A single judge bench of Justice Subodh Abhyankar observed, “In this regard, this Court is of the considered opinion that although it is true that the biometric verification process is necessary nowadays...

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

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...

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

The Madhya Pradesh High Court has 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...

PIL For Strict Compliance Of Section Mandating Public Awareness Of POCSO Act: Madhya Pradesh HC Grants Centre 2 Weeks To File Response

While hearing a PIL seeking strict compliance of Public Awareness of POCSO Act, the Madhya Pradesh High Court granted two weeks to the Central Government to file their response, failing which, the response will be accepted but along with a cost of Rs. 10,000. A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “Further two weeks' time is granted to...

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

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. Brief Facts: The petitioner is an owner of the...

Bhopal Gas Tragedy: MP Govt Assures High Court Of Union Carbide Toxic Waste Disposal In 72 Days

The Madhya Pradesh government on Thursday (March 27) informed the High Court that it can dispose of the toxic waste generated by the now-defunct Union Carbide Factory at Bhopal in a period of 72 days- by incineration at the Pithampur facility.The State submitted an affidavit stating that the trial runs to dispose of 30 metric ton of waste, permitted by the High Court last month, were...

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

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...

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

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. In doing so, the Court also directed that all formalities regarding renewal of...

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

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....

Madhya Pradesh HC Mulls Contempt Action After Advocate Loses Cool, Makes 'Contemptuous Remarks' On Rising Case Pendency

While hearing a criminal appeal, the Madhya Pradesh High Court took serious note of an Advocate's "contemptuous remarks" towards the bench where the advocate commented on the alleged increase in "pendency of cases" and sought transfer of his matter to another bench. Noting the remarks made by the Counsel, the Court referred the matter to the Chief Justice and adjourned it without fixing any...

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

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...

Bandhavgarh Tiger Reserve: MP High Court Asks State To Explain How Private Resort's Safari Vehicles Are Operating Beyond Roster System

The Madhya Pradesh High Court has asked the State to clarify that which government policy or National Tiger Conservator Authority (NTCA) guideline has permitted a private resort inside the Bandhavgarh Tiger Reserve to operate its tourist/safari vehicles beyond the specified roster system laid down by NTCA. The court was hearing a plea challenging a March 1 order passed by the reserve's...