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...

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

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...

MP High Court Questions Deputation Of Veterinary Doctor As 'Health Officer' Without MBBS Degree, Says It Speaks Volumes About Manner Of Postings

The Madhya Pradesh High Court has expressed concern over the manner in which a veterinary doctor was sent on deputation as a Health Officer in Gwalior Municipal Corporation–a "non-existing post", specially when he did not have an MBBS degree which is the minimum qualification. The Court further directed the state authorities to clarify as to how they posted a veterinary doctor against a...

Dog Bites: Madhya Pradesh High Court Asks Gwalior Municipal Commissioner To Come Up With Tangible Solution To Curb Stray Dog Menace

While hearing a Public Interest Litigation claiming "menace" of stray dogs and dog biting incidents in Gwalior, the Madhya Pradesh High Court asked the State authorities specifically the city's Municipal Commissioner to come out with a tangible solution by the next date of hearing.Issuing notice on the plea, a division bench of Justice Anand Pathak and Justice Hirdesh observed,...

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

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...

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

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.A single judge bench of Justice Dwarka Dhish Bansal observed, “In...

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

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...

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

Madhya Pradesh High Court: 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...

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

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...

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

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...

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

Madhya Pradesh High Court: 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...