In Search of a Better Judge: Evaluating Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 – Amendment of 2023
by Subham Priyadarshi†, Shivang Tripathi†† and Raj Krishna†††
Madhya Pradesh High Court
POCSO| Supreme Court sentences 45-year-old man to 30 years imprisonment for raping 7-year-old girl in temple
A fine of Rs. One Lakh was imposed on the victim to meet the medical expenses and rehabilitation of the minor victim.
‘An accused has fundamental right to fair trial’; Madhya Pradesh High Court allows petition to call witnesses in a cross-case
Madhya Pradesh High Court opined that Section 243 of the CrPC nowhere bars the investigating officer of cross-case to appear on behalf of accused in the case in which he is a complainant.
Explained| SC verdict on inconsistency between penal provisions under Food Adulteration Act and Food Safety & Standards Act
“The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India.”
Know Thy Judge | Justice Ravi Vijaykumar Malimath, 27th Chief Justice of Madhya Pradesh High Court
Belonging to an illustrious family of freedom fighters and eminent jurists, Justice Ravi Vijaykumar Malimath has carved his niche in the legal echelons with his expansive practice and an exceptional track record of disposing cases.
Supreme Court Collegium recommends elevation of Advocates and Judicial Officers as Gujarat and Madhya Pradesh High Court Judges
A total number of 4 candidates were recommended by the Collegium to be appointed as Judges of the High Courts of Gujarat and Madhya Pradesh.
Madhya Pradesh High Court upholds registered Proprietor’s independent rights in Scotch Whisky GI Case; Rejects impleadment order under GI Act
The legislative intent of the Geographical Indications of Goods (Registration and Protection) Act, 1999 is to protect registered GIs, and Section 21 is enacted to safeguard the rights arising from registration.
Madhya Pradesh High Court directs State Government to ensure compliance of Section 43 of POCSO Act ; Grants bail to the accused
Madhya Pradesh High Court granted bail to the accused based on the examination of key witnesses and his extended period of incarceration.
MP High Court starts live streaming of proceedings for all District and Tehsil Courts
On 21-12-2023, Integrated Video Surveillance System and Courtroom Live Audio-Visual Streaming System (CLASS) and OTT Platform was inaugurated at the Madhya Pradesh
Madhya Pradesh High Court quashes FIR in contractual dispute due to ‘lack of specific allegations and delay in lodging complaint’
Madhya Pradesh High Court emphasised that a purely civil dispute should not be converted into a criminal prosecution.
“No Anticipatory bail when Investigating Officer does not intend to arrest”; Madhya Pradesh High Court directs cooperation in Investigation
Madhya Pradesh High Court warned the appellants of consequences, including contempt of court, for non-compliance with the directions.
Madhya Pradesh High Court upholds bank’s right to recover excess payment in pension recovery dispute
Madhya Pradesh High Court noted that the petitioner did not dispute her liability to refund the commuted portion in instalments, as per her undertaking.
Madhya Pradesh High Court grants Maternity Leave to Contractual Employee in miscarriage case; says Contract doesn’t restrict the same
The instant matter was remitted to the respondents for a fresh decision on the petitioner’s maternity leave, with a directive to comply within a specified timeframe.
Blenders Pride v. London Pride | “No prima facie case”; Madhya Pradesh High Court refuses to pass temporary injunction in trademark infringement suit
“A consumer going into the market to purchase premium/ultra-premium whisky will not be confused by the word ‘Pride’ in the name of any brand. The mark has to be compared as a whole.”
[Non-Disclosure of Criminal Antecedent] Supreme Court directs appointment of judiciary aspirant to post of civil judge with seniority from date of selection
“The nature of the offence against the petitioner is itself an extremely minor offence under IPC. For the non-disclosure of this offence, she has already suffered since in the first round of selection in 2017. To punish her again for the same reason in the next selection process is not justified.”
Criminal Justice| Madhya Pradesh High Court directs integration of “SANDES APP” and ICJS for witness protection and improved communication
The overarching objective of the previously issued orders is to expedite the trial process and provide protection to victims and witnesses in heinous offenses.
Justice Ravi Shanker Jha, 65th Chief Justice of Punjab and Haryana High Court, retires
Justice Ravi Shanker Jha began his legal journey by serving Madhya Pradesh High Court initially as an advocate and later as a Judge. He is set to retire on 13-10-2023 as 65th Chief Justice of Punjab and Haryana High Court after his elevation to the post in 2019.
Sale Certificate under SARFAESI Act—Whether Registration Mandatory?
by Prashant Tripathi†
Mere acquittal in criminal case will not automatically qualify candidate for appointment to a post in law enforcement agency: Supreme Court
“The yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy.”
Madhya Pradesh High Court allows transfer of Contractual Employees for administrative reasons under special circumstances
Madhya Pradesh High Court held that Contractual Employee are not entitled to claim non-transferability due to employment agreement allowing administrative transfers.