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The Court reiterated that the court cannot open its own order on merits specifically in the light of the bar as contained under Section 362 of CrPC.
The Court held that a writ petition against a show-cause notice is generally not maintainable, as established in Union of India v. Kunisetty Satyanarayana, (2006) 12 SCC 28.
The Court stated that the petitioner’s failure to provide sufficient details and his criminal background further undermined his petition
The Court noted that the additional issue which states that “whether the registered sale deed dated 13.7.2017 was illegally executed” already covers all the ingredients which are necessary for execution of a valid sale deed.
The Court opined that the objective of a preliminary inquiry is to screen out frivolous and motivated complaints, not to ascertain the veracity of the information received.
If a person is of the view that the compensation has been paid to a wrong person, then the same can be a ground for making reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013.
‘Section 86(6) of the Representation of the People Act, 1951, mandates the trial of an election petition to continue from day to day unless adjournment is necessary.’
The Court held that the proceedings under Section 138 of the Negotiable Instruments Act, 1881 are penal in nature and not akin to civil recovery proceedings.
The Court stated that applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony.
“It is not the case of petitioners that in case if marriage is not performed, then they are still interested to live in live-in relationship. It is also not the case of petitioners that petitioner No.1 would accept Muslim religion.”
MP High Court held that any agreement restricting a party from pursuing legal proceedings is void, thereby, rendering respondent’s undertaking not to take legal action against the applicants invalid.
MP High Court asserted that while physical cruelty ceased after leaving the matrimonial house, the psychological impact of separation and the trauma induced by dowry demands persisted.
MP High Court opined that continuous threat of false implication can demean and destroy an individual’s self-esteem and career, significantly contributing to psychological distress and potentially leading to suicide.
MP High Court held that the Court could not allow its authority to be used to terminate an unborn child when there is an intent to later deny the occurrence of the alleged offense.
Madhya Pradesh High Court stated that “throwing a 13-month-old child on the floor by itself would amount to an attempt to murder and throwing a paperweight towards his head would further aggravate the situation.”
Whether the use of the word “bible” in the title of Kareena Kapoor Khan’s book constitutes an act that offends religious sentiments, specifically those of Christians?
Madhya Pradesh High Court held that under Section 375 of IPC any sexual intercourse or sexual act by the husband with his wife not below the age of fifteen years is not a rape, therefore, absence of consent of wife for unnatural act loses its importance.
Madhya Pradesh High Court rejected the petitioner’s argument for voiding the contract under Section 56 of the Contract Act, 1872, and found the failure to lift scrap was attributable to the petitioner.
Madhya Pradesh High Court held that no party can be allowed to assassinate the character of a person without any basis as it undermines the integrity of the legal process and individuals involved.
Madhya Pradesh High Court deliberated on whether morality could supersede legal provisions and questioned if leading a modern lifestyle could be deemed immoral.