Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof
1 year, 1 month ago

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Achal Kumar Paliwal dismissed a revision petition seeking to invoke Section 8 of the Arbitration and Conciliation Act, 1996 based on a dispute related to the transfer of cheques under a partnership deed. The High Court noted there was no record suggesting that the mentioned amount was provided to the Petitioner concerning the partnership's business. As a result, the High Court concluded that Clause 22 of the partnership deed, which pertained to arbitration in business-related disputes, would not be applicable in this case. Clause 22 of the partnership deed had an arbitration clause concerning disputes arising between the parties, touching the firm's business or interpretation of any subsequent provisions relating to the firm and its business.

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History of this topic

Malicious Prosecution Suit Requires Examination Of Evidence, Cannot Be Decided At Preliminary Stage: Madhya Pradesh High Court
4 days, 21 hours ago

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

Live Law  

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 …

Prima Facie No Error In Single Judge Ruling To Revise CLAT UG 2025 Marks: Delhi High Court
3 months ago

Prima Facie No Error In Single Judge Ruling To Revise CLAT UG 2025 Marks: Delhi High Court

Live Law  

The Delhi High Court on Tuesday said that prima facie, there was no error in a single judge order directing revision in the results of Common Law Admission Test UG 2025 examination after errors were found in the marking of two questions.A division bench comprising of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela was hearing an appeal …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
4 months ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court
4 months ago

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court

Live Law  

The Bombay High Court recently clarified that writ courts shall not trench upon an alternate remedy provided by statute for granting any relief, by assuming jurisdiction under Article 226 of the Constitution. Similarly, writ courts shall not act as a court of appeal against the decision of the lower court or Tribunals, to correct errors of fact, observed the Division …

When State Constitutes Proper Dispute Redressal System, Party Cannot Directly Approach High Court Under Writ Petition: Madhya Pradesh High Court
10 months, 2 weeks ago

When State Constitutes Proper Dispute Redressal System, Party Cannot Directly Approach High Court Under Writ Petition: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Gajendra Singh held that when the government constitutes a proper dispute redressal system for resolution of any dispute between the parties, the party cannot directly approach the High Court and file a writ petition. Feeling aggrieved, the Petitioners approached the Madhya Pradesh High Court and filed a writ petition. The High …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
1 year ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

By Judicial Order, High Court Cannot Render Advice : Supreme Court
1 year ago

By Judicial Order, High Court Cannot Render Advice : Supreme Court

Live Law  

While deprecating a High Court order for overlooking the long period of incarceration undergone by the petitioner, the Supreme Court recently reiterated that Courts cannot render "advice" through judicial orders and stayed a direction calling for a periodical report from Trial Court on the progress of trial. "We are of the view that issuing such a direction amounts to interference …

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court
1 year, 1 month ago

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996 by the Petitioner. The High …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 4 months ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 5 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case
1 year, 7 months ago

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case

Live Law  

The Supreme Court recently asked the Madhya Pradesh High Court to have a relook the case of a judicial aspirant, whose name was deleted from the merit list of the Madhya Pradesh Judicial Services Examination, 2019 due to a "false" criminal complaint. A Division Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia in its order made a prima facie …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 7 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 10 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 10 months ago

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

Live Law  

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court held that even when the …

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court
2 years, 1 month ago

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently observed that the even if it has directed the civil court to expedite trial in a matter, the court below cannot adopt shortcut methods to dispose of the case. The bench comprising Justice Subodh Abhyankar added that in case of any difficulty, the trial court is always at liberty to seek guidance …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
2 years, 2 months ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years, 3 months ago

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court reiterated that the courts ought to refrain from interfering with findings of facts recorded in a departmental inquiry except in circumstances where such findings are patently perverse or grossly incompatible with the evidence on record, based on no evidence.If principles of natural justice have been violated or the statutory regulations have not been adhered to or there. …

S.101 Evidence Act | Defendant Can Lead Evidence Before Plaintiff In Suit To Prove Existence Of Will When Plaint Claims Otherwise: MP High Court
2 years, 4 months ago

S.101 Evidence Act | Defendant Can Lead Evidence Before Plaintiff In Suit To Prove Existence Of Will When Plaint Claims Otherwise: MP High Court

Live Law  

The Madhya Pradesh High Court recently observed that a Defendant can lead evidence before the Plaintiff in a civil suit when they claim the existence of a Will, contrary to what is pleaded in the Plaint. Justice Vivek Agarwal observed that in a case where the Plaintiff claims that a person died intestate whereas the Defendant argues the existence of …

Mere Issuance of Notice Does Not Attract Doctrine of 'Stare Decisis': MP High Court
2 years, 5 months ago

Mere Issuance of Notice Does Not Attract Doctrine of 'Stare Decisis': MP High Court

Live Law  

The Madhya Pradesh High Court has reiterated that mere issuance of notice on a plea does not create a 'binding precedent' on courts, as it does not lay down any proposition of law to be followed in future.Justice Vivek Agarwal explained that 'Precedent' refers to a decision that is considered as an "authority" for deciding subsequent cases involving identical or …

Tribunals Like NGT Are Subordinate To A High Court ; Conflicting Orders Will Lead To Anomalous Situation: Supreme Court
2 years, 9 months ago

Tribunals Like NGT Are Subordinate To A High Court ; Conflicting Orders Will Lead To Anomalous Situation: Supreme Court

Live Law  

The Supreme Court observed that the Tribunals like National Green Tribunal is subordinate to High Courts. "In any case, no law is necessary to state that insofar as the Tribunals are concerned, they would be subordinate to the High Court insofar as the territorial jurisdiction of the High Court is concerned. The conflicting orders passed by the learned NGT and …

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court
2 years, 11 months ago

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the …

Strong Evidence Is Needed Than The Mere Probability, To Prima Facie Show The Involvement Of Persons : Gauhati High Court
3 years, 1 month ago

Strong Evidence Is Needed Than The Mere Probability, To Prima Facie Show The Involvement Of Persons : Gauhati High Court

Live Law  

The Gauhati High Court has dismissed a revision petition challenging an order of the learned trial court which rejected the prayer of the petitioner to invoke section 319 CrPC to summon few persons as additional accused to face the trial. The High Court held that the power of the trial court to summon any person as an accused to face …

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court
3 years, 1 month ago

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court

Live Law  

The Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the application for correction of decree can only be maintained before the High Court where the decree was confirmed.The bench of Justices AM Khanwilkar and CT Ravikumar was considering SLP assailing Karnataka High …

Where An Allegation Of Fraud Is Made, The Said Allegation Would Have To Be Proved Beyond Any Reasonable Doubt: Andhra Pradesh High Court
3 years, 1 month ago

Where An Allegation Of Fraud Is Made, The Said Allegation Would Have To Be Proved Beyond Any Reasonable Doubt: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh Court vide order by Justice R. Raghunandan Rao recently ruled that where an allegation of fraud is made, the said allegation would have to be proved beyond any reasonable doubt. Anjaneyulu, Senior Counsel appearing for respondent, was that once the Executing Court had found that there was fraud, the natural consequences of such finding is that the …

First Appellate Court Should Deal With All Issues And Evidence And Follow Procedure Under CPC: Supreme Court
3 years, 5 months ago

First Appellate Court Should Deal With All Issues And Evidence And Follow Procedure Under CPC: Supreme Court

Live Law  

The Supreme Court observed that it is the duty of the First Appellate Court to deal with all the issues and the evidence led by the parties before recording its findings.First appeals are to be decided after following the procedure to be followed under the Code of Civil Procedure, the bench of Justices MR Shah and AS Bopanna observed. Perusing …

Breaking-"We Will Not Stop High Court"; Supreme Court Refuses To Entertain UP Govt's Plea To Transfer Cases Challenging Love-Jihad Ordinance To SC
4 years, 2 months ago

Breaking-"We Will Not Stop High Court"; Supreme Court Refuses To Entertain UP Govt's Plea To Transfer Cases Challenging Love-Jihad Ordinance To SC

Live Law  

The Supreme Court on Monday refused to transfer to itself the petitions filed in Allahabad High Court challenging the ordinance brought by the Uttar Pradesh government against religious conversions, which among other things, criminalizes religious conversions for marriage. "If the Allahabad High Court is going to decide the cases, why should we interfere," remarked a Bench headed. "If the Allahabad …

"Present Matter Has Pan India Ramifications, This Court Has No Territorial Jurisdiction To Adjudicate The Same'[Read Jharkhand HC Order Dismissing Plea Against NLAT]
4 years, 6 months ago

"Present Matter Has Pan India Ramifications, This Court Has No Territorial Jurisdiction To Adjudicate The Same'[Read Jharkhand HC Order Dismissing Plea Against NLAT]

Live Law  

"The present matter has pan India ramifications and petitioners have failed to make out a strong ground so as to invoke the extraordinary writ jurisdiction of this Court which is otherwise plenary in nature, it would not be appropriate for this Court to interfere with the notice dated 03.09.2020 issued by NLSIU, Bengaluru", Jharkhand High Court said while dismissing the …

'Status Quo' Orders Not To Be Passed When Prima Facie Case Is Not Made Out: SC [Read Order]
4 years, 8 months ago

'Status Quo' Orders Not To Be Passed When Prima Facie Case Is Not Made Out: SC [Read Order]

Live Law  

The Supreme Court recently set aside a Punjab and Haryana High Court order in a revision petition which directed parties in a civil suit to maintain 'status quo' despite the fact that no prima facie case was made out by the plaintiffs for grant of such relief. It did not make any findings of its own, but disposed of the …

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]
5 years, 4 months ago

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]

Live Law  

Delhi High Court has held that the order of the trial court on charge need not be a lengthy or a detailed one. Such an order should indicate that in the opinion of the trial court a prima facie case is made out. It was contended that no reason has been assigned as to on what basis the trial court …

'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]
5 years, 4 months ago

'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Friday reiterated that a magistrate is obligated to mention his satisfaction as to the existence of a prima facie case, for summoning an accused. It said, "Learned Magistrate was required to atleast mention in the order about the prima facie satisfaction for summoning the accused. These words suggest that the Magistrate has to apply his …

Section 482 Cr.P.C :Recent Supreme Court Judgments
5 years, 9 months ago

Section 482 Cr.P.C :Recent Supreme Court Judgments

Live Law  

Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition. Petition For Quashing FIR Can Be Entertained …

Review/Recall/Modification Of Orders/Judgments Barred In Criminal Matters: SC [Read Order]
5 years, 10 months ago

Review/Recall/Modification Of Orders/Judgments Barred In Criminal Matters: SC [Read Order]

Live Law  

An application for review or modification could not have been entertained, the Supreme Court observed while setting aside a High Court order in a Section 482 CrPC petition. A man accused of offences under Section 364 and 323 read with Section 34 of the Indian Penal Code had approached the Madhya Pradesh High Court seeking to quash the FIR. The …

HCs Cannot Adjudicate Upon Affidavits Or Disputed Questions Of Fact Under Article 226: SC [Read Judgment]
6 years, 3 months ago

HCs Cannot Adjudicate Upon Affidavits Or Disputed Questions Of Fact Under Article 226: SC [Read Judgment]

Live Law  

The Supreme Court, on Wednesday, reiterated that high courts cannot adjudicate upon affidavits or disputed questions of fact while hearing petitions under Article 226 of the Constitution of India, except in the “rarest of cases”.A bench comprising Justice R. Banumathi and Justice Indira Banerjee asserted, “ It is well settled that proceedings under Article 226 of the Constitution. The Supreme …

MP High Court Dismisses Plea For CLAT Retest [Read Order]
8 years, 1 month ago

MP High Court Dismisses Plea For CLAT Retest [Read Order]

Live Law  

The Madhya Pradesh High Court dismissed a petition filed by a student who had appeared for the Common Law Admission Test 2015 as she sought the examination to be conducted again. Court said the petition was “merit-less”.The division bench of Justice Ravi Shankar Jha and Justice Ashok Kumar Joshi was hearing a writ petition filed by a law aspirant who …

MP High Court Dismisses Plea For CLAT Retest [Read Order]
8 years, 1 month ago

MP High Court Dismisses Plea For CLAT Retest [Read Order]

Live Law  

The Madhya Pradesh High Court dismissed a petition filed by a student who had appeared for the Common Law Admission Test 2015 as she sought the examination to be conducted again. Court said the petition was “merit-less”.The division bench of Justice Ravi Shankar Jha and Justice Ashok Kumar Joshi was hearing a writ petition filed by a law aspirant who …

High Courts Weekly Round-Up
9 years, 3 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtIn a significant ruling, Allahabad High Court has held that blocking 25% of the benefits in a Pension scheme in favour of minorities is not invalid. Justice Arijit Banerjee directed the State Governmentto reconsider sympathetically the issue of discontinuance of the said scheme for providing assistance to political sufferers Chattisgarh High Court The Chhattisgarh High Court held that …

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