Employer Can’t Be Compelled To Appoint A Person Acquitted In Criminal Case: MP HC [Read Judgment]
7 years, 7 months ago

Employer Can’t Be Compelled To Appoint A Person Acquitted In Criminal Case: MP HC [Read Judgment]

Live Law  

The Madhya Pradesh High Court has held that even if a newly-appointed person makes declaration truthfully of having being acquitted in a criminal case, the employer still has the right to consider his antecedents and cannot be compelled to appoint the person.The court rejected an appeal of an aspirant.The appellant challenged the single judge bench order in the appeal taking ground that. The Madhya Pradesh High Court has held that even if a newly-appointed person makes declaration truthfully of having being acquitted in a criminal case, the employer still has the right to consider his antecedents and cannot be compelled to appoint the person. The appellant challenged the single judge bench order in the appeal taking ground that the decision of the respondents denying appointment on the post of constable on basis of verification of antecedents and character. The state government counsel stated even though in the declaration form, the appellant had mentioned the fact about his involvement in a criminal case, the respondents have examined the case of him in the light of the circular dated 5-6-2003 of the Home Department of MP Government and it was found the appellant was prosecuted for the offence involving moral turpitude under Section 380 of the IPC and, therefore, he was declared unfit for employment in the police department.

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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
5 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 …

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape
2 weeks ago

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape

Live Law  

The Gwalior Bench of Madhya Pradesh High Court has refused to quash an FIR lodged against an Advocate for allegedly misusing his professional relationship with a client and committing rape on her. The Court also said that prosecutrix statement recorded under Section 164 of CrPC, in which she denied the allegation, cannot be given preference over FIR and statement recorded …

When Selection Is Based Entirely On Interview Marks, It's Reasonable To Presume Existence Of Arbitrariness & Favouritism: Supreme Court
2 weeks, 1 day ago

When Selection Is Based Entirely On Interview Marks, It's Reasonable To Presume Existence Of Arbitrariness & Favouritism: Supreme Court

Live Law  

The Supreme Court recently upheld the 2016 decision of the then BJP government of Assam to cancel a select list for the recruitment process of 104 Constables in the Assam Forest Protection Force notified in 2014 by the then Indian National Congress government. In such circumstances, it is indeed difficult, if not impossible, for a court to law to substitute …

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years
2 months ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law  

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

Trial court can summon accused despite police clean chit, says Supreme Court
2 months, 2 weeks ago

Trial court can summon accused despite police clean chit, says Supreme Court

Hindustan Times  

New Delhi A clean chit or closure report filed by the police cannot circumscribe the trial court’s power to summon individuals as accused, the Supreme Court has held, reinforcing the vital role of courts in safeguarding justice by independently assessing evidence presented during criminal trials. Trial court can summon accused despite police clean chit, says Supreme Court “The trial court …

Suppression Of Pending Criminal Cases Raises Concerns About Candidate's Integrity: Orissa HC Upholds Cancellation Of Employee's Appointment
2 months, 3 weeks ago

Suppression Of Pending Criminal Cases Raises Concerns About Candidate's Integrity: Orissa HC Upholds Cancellation Of Employee's Appointment

Live Law  

The Orissa High Court has held that notwithstanding the result, suppression of pending criminal cases per se raises concerns about a candidate's integrity and after withholding such vital information, a person cannot claim an unfettered right to seek appointment. The impact of withholding such material information, including involvement in criminal cases, is within the employer's discretion to assess.” Background The …

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor
3 months, 1 week ago

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor

Live Law  

In a plea concerning termination of over 20-week pregnancy of a minor girl who was stated to be gang raped, the Indore bench of the Madhya Pradesh High Court has given a detailed procedure to be followed by police authorities, district courts and high court registry in order to ensure timely legal and medical help. It is rather cruel for …

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
3 months, 3 weeks ago

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy

Hindustan Times  

NEW DELHI: The Supreme Court on Monday shielded YSR Congress Party’s social media head Sajjala Bhargava Reddy from arrest for two weeks to enable him to approach the high court for bail, observing the interim protection was akin to allowing the petitioner to get first aid while the state government was “raining FIRs” on him. Former Andhra Pradesh chief minister …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 months, 3 weeks ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Allahabad HC summons Prayagraj Police Commissioner on contempt petition
3 months, 3 weeks ago

Allahabad HC summons Prayagraj Police Commissioner on contempt petition

Deccan Chronicle  

Prayagraj: The Allahabad High Court has directed Prayagraj Police Commissioner Tarun Gauba and other police officers to appear before it on December 10 on a contempt petition and apprise the court as to what action has been taken against the policemen who delayed in lodging of FIR despite a complaint moved by the applicant.Hearing a contempt petition filed by one …

In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC
4 months ago

In Acquittal Due To Compromise/Hostile Witness, Unjustified For Authorities To Put Honourable Acquittal Test In False Cases: Madhya Pradesh HC

Live Law  

In a case concerning acquittal of an individual in a criminal case on account of witnesses turning hostile, the Indore Bench of Madhya Pradesh High Court has observed it is unjustified for the authorities to apply the test of honourable acquittal especially when the initial case was itself false. Thus, it cannot be said that the acquittal which has occasioned …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
4 months ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Criminal Antecedents Of Family Members Can't Be Taken Into Account To Assess Applicant's Character For Issuing Passport: MP High Court
4 months ago

Criminal Antecedents Of Family Members Can't Be Taken Into Account To Assess Applicant's Character For Issuing Passport: MP High Court

Live Law  

In a recent ruling, the Indore Bench of Madhya Pradesh High Court held that criminal antecedents of family members cannot be taken into account in assessing applicant's character and application for the issuance of passport. The single-judge bench of Justice Subodh Abhyankar observed, “…the impugned order cannot be sustained in the eyes of law as the petitioner also enjoys all …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
4 months, 2 weeks ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
4 months, 2 weeks ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC
4 months, 2 weeks ago

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC

Live Law  

The Allahabad High Court has observed that any statute/rules/instructions that empower an employer to deny appointment to a candidate only because of non-disclosure of criminal cases would be unjust and unreasonable. The order was passed relying on Clause 8 of the Office Instructions, which provides that a candidate would be declared unfit for appointment if he had concealed or made …

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder
4 months, 2 weeks ago

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

Live Law  

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. Accordingly, invoking Article 311 of Constitution, the order stated that the Respondent could not be allowed to continue in police services and needed to be dismissed immediately without following …

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder
4 months, 2 weeks ago

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

Live Law  

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. Accordingly, invoking Article 311 of Constitution, the order stated that the Respondent could not be allowed to continue in police services and needed to be dismissed immediately without following …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
7 months, 1 week ago

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

Live Law  

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him. The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, …

Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court
7 months, 2 weeks ago

Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court at Jabalpur has held that suspects or accused individuals cannot be given a pre-audience to determine the manner or agency of their investigation. Thus, the High Court, aligning with the Apex Court's consistent view, dismissed the petitioners' plea for a directed investigation. Justice Ahluwalia emphasized that the accused does not possess the right to influence …

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14
8 months, 2 weeks ago

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14

Live Law  

Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution. The counsel for the petitioner argued that the co-accused in …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
1 year ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges
1 year ago

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges

Live Law  

In a suo motu writ petition registered wrt simultaneous termination of services of 6 female civil judges in Madhya Pradesh, the Supreme Court was recently apprised that the Administrative Committee of the State High Court has resolved to not re-consider its earlier decision.Taking note, the Bench of Justices BV Nagarathna and AG Masih gave time to the parties to file …

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court
1 year, 1 month ago

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court

Live Law  

Madhya Pradesh High Court has recently held that when government employees who have direct/indirect influence in the selection process or members of local bodies are related within the prohibited degrees to an Anganwadi Karyakarta candidate, then that candidate will be held ineligible. The single-judge bench of Justice Vivek Agarwal clarified the right interpretation of Clause 4 in the memorandum and …

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 …

‘Really Shocking, Trying To Harass Eligible Candidates’, High Court Pulls Up MP Public Service Commission For Misdirected Recruitment Process
1 year, 5 months ago

‘Really Shocking, Trying To Harass Eligible Candidates’, High Court Pulls Up MP Public Service Commission For Misdirected Recruitment Process

Live Law  

In a significant order that has alleviated the concerns of eligible candidates, the Madhya Pradesh High Court has given strict directions to the State Public Service Commission to comply with the High Court’s judgment in Vaishali Wadhwani and Others v. The State of Madhya Pradesh. While disposing the petition filed by one of the candidates, the high court observed that …

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 …

'Had Only Exercised His Fundamental Right To Protest': Madras High Court Directs Authorities To Appoint Candidate As Police Constable
1 year, 7 months ago

'Had Only Exercised His Fundamental Right To Protest': Madras High Court Directs Authorities To Appoint Candidate As Police Constable

Live Law  

Observing that the right to protest for a common cause is a fundamental right of each and every citizen of the country, the Madras High Court directed the authorities to give an appointment order to a man whose application to the post of Grade-II Police Constable was rejected on the ground that he had participated in protests against the NEET …

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
1 year, 9 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law  

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High Court
1 year, 11 months ago

S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that conviction and sentencing of a convict by the trial court under the provisions of plea bargain as contained in Chapter XXII-A of J&K CrPC does not affect the character antecedents of an individual and hence cannot disable him from seeking a public employment. The observations were made by …

Delhi Riots: After Acquittal In Two FIRs, Court Convicts Accused Men On Basis Of Evidence Of Cop Who Earlier Cited Memory Loss
2 years ago

Delhi Riots: After Acquittal In Two FIRs, Court Convicts Accused Men On Basis Of Evidence Of Cop Who Earlier Cited Memory Loss

Live Law  

Months after acquitting various accused persons in two cases of 2020 North-East Delhi riots for lack of evidence as a head constable failed to identify them citing memory loss, a Delhi Court has convicted the accused in another case after the cop gave a detailed description regarding them being members of a mob.On Monday, Additional Sessions Judge Pulastya Pramachala convicted …

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court
2 years, 2 months ago

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore bench recently reiterated that once the charge-sheet in a departmental inquiry against the suspended delinquent employee is filed, the suspension can be extended only on the basis of a well-reasoned order. The bench comprising Justice Subodh Abhyankar made the observation by placing reliance on the decision of the Apex Court in the case of …

Why did the Supreme Court overturn conviction of a Madhya Pradesh man accused of harassing wife?
2 years, 3 months ago

Why did the Supreme Court overturn conviction of a Madhya Pradesh man accused of harassing wife?

Firstpost  

A bench of justices S Ravindra Bhat and Sudhanshu Dhulia overturned the Madhya Pradesh High Court order, citing multiple dying declarations. It noted that the man was not named in the first declaration alleging cruelty relating to dowry but was named in the second one New Delhi: The Supreme Court on Monday set aside the conviction of a man accused …

[POCSO Act] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics
2 years, 3 months ago

[POCSO Act] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently upheld the decision of the trial court to close the rights of the accused in POCSO case noting that they were indulging in dilatory tactics to defer the minor Prosecutrix from testifying. Ahluwalia observed that their behavior before the lower court manifested an oblique motive to defeat the purpose of criminal trial- …

MP High Court Holds Advocate Guilty Of Contempt For Forging Signature On Affidavit; Directs Enquiry Against Oath Commissioner For Executing It
2 years, 4 months ago

MP High Court Holds Advocate Guilty Of Contempt For Forging Signature On Affidavit; Directs Enquiry Against Oath Commissioner For Executing It

Live Law  

The Madhya Pradesh High Court, Gwalior bench recently held an Advocate guilty of contempt for forging signatures of the Petitioner on an affidavit. The Court, however, directed an enquiry against the oath commissioner for executing the document- Thus, it is clear that the father of the prosecutrix never appeared before Shri D.V.S. The Court opined that his unconditional apology could …

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court
2 years, 6 months ago

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that the order of acquittal in a criminal case can be considered in a punishment to be imposed in the departmental enquiry. Brief Facts of the Case The Writ Petition had been filed under Article 226 of the Constitution of India to challenge the Award dated 10.07.2013 by the 1st …

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court
2 years, 6 months ago

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court

Live Law  

The Gujarat High Court has clarified that offences under Sections 218 and 219 of the IPC which pertain to a public servant framing incorrect records for saving a person from punishment and making reports in a corrupt manner, cannot be invoked without initiation of inquiry or in absence of any evidence. The Single Judge Bench was hearing a petition by …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 7 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Judge's Integrity Can't Be Doubted Merely For Allowing Adjournment Request: MP High Court Quashes Order Holding Lower Court Judge Guilty Of Misconduct
2 years, 8 months ago

Judge's Integrity Can't Be Doubted Merely For Allowing Adjournment Request: MP High Court Quashes Order Holding Lower Court Judge Guilty Of Misconduct

Live Law  

The Madhya Pradesh High Court recently set aside the order of the Disciplinary Authority against a former lower court Judge, whereby he was held guilty of misconduct. Disagreeing with the reasoning of the Disciplinary Authority regarding the adjournments granted by the Petitioner/Former lower court Judge, the division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed- Whether the …

'How Can He Be Trusted?': Supreme Court Rejects Candidature For Police Constable Post For Suppressing Criminal Case
2 years, 10 months ago

'How Can He Be Trusted?': Supreme Court Rejects Candidature For Police Constable Post For Suppressing Criminal Case

Live Law  

The Supreme Court recently approved the rejection of the candidture of a person for the post of police constable for suppressing the pendency of a criminal case against him. On the ground that the Parties failed to place any material on record to show that the Respondent suppressed the information with respect to the criminal antecedents in the column 15 …

Breaking: MP High Court Acquits Man Wrongly Convicted For Murder And Imprisoned For 13 Years, Directs State To Pay Him Rs. 42 Lakhs For Malicious Investigation
2 years, 10 months ago

Breaking: MP High Court Acquits Man Wrongly Convicted For Murder And Imprisoned For 13 Years, Directs State To Pay Him Rs. 42 Lakhs For Malicious Investigation

Live Law  

The High Court of Madhya Pradesh recently set aside the conviction of a man for murder and further directed the State to pay him compensation worth Rs. Considering the facts of the case, the Court held that the police was outrightly partisan in its investigation and that it did not investigate the offence from the standpoint of the Appellant at …

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry
2 years, 10 months ago

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry

Live Law  

The Madhya Pradesh High Court recently directed the State Level Vigilance and Monitoring Committee to take appropriate action against the Police Officers concerned for tampering with forensic evidence in a rape case, to allegedly shield the Appellant/accused, who also happened to be a police officer. Justice Vivek Agarwal further lamented that the Court would've directed that the case be handed …

Case Not Registered Under Proper Sections To Extend Benefits To Accused: Madhya Pradesh High Court Directs Action Against Police Officers
3 years, 1 month ago

Case Not Registered Under Proper Sections To Extend Benefits To Accused: Madhya Pradesh High Court Directs Action Against Police Officers

Live Law  

The Madhya Pradesh High Court recently directed the Superintendent of Police, District Shahdol to take appropriate action against the 'delinquent' police officers for not registering a case under proper sections, allegedly to extend the benefits to the accused. The Court, while perusing the documents on record, had posed a question to the State, vide order dated 14.02.2022- Counsel for the …

Advocate Commissioner Cannot Be Appointed During Execution Proceedings To Reverse Finding Of Trial Court: Andhra Pradesh High Court
3 years, 1 month ago

Advocate Commissioner Cannot Be Appointed During Execution Proceedings To Reverse Finding Of Trial Court: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently ruled that the Executing Court cannot appoint Advocate Commissioner in execution proceedings after the trial court has already decided the question of possession of property. It was the contention of the respondent that as the petitioner was never in possession of the schedule property and as the judgment and decree was obtained by petitioner …

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court
3 years, 1 month ago

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that. The trial court, while passing the judgment, also directed that since the Applicant had intentionally changed …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
3 years, 1 month ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order
3 years, 3 months ago

Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order

Live Law  

The Madhya Pradesh High Court recently quashed an externment order passed against a man by holding that natural justice principles were violated as the man wasn't given sufficient time to produce the orders of acquittal in the cases in which he was already acquitted.The Bench of Justice Subodh Abhyankar also noted that if the man had been given an opportunity …

Madhya Pradesh High Court Stays MPPSC's Selection Process For Appointment Of Medical Officers, Issues Notice To State Govt
3 years, 6 months ago

Madhya Pradesh High Court Stays MPPSC's Selection Process For Appointment Of Medical Officers, Issues Notice To State Govt

Live Law  

The Madhya Pradesh High Court on Thursday stayed notification issued by the Madhya Pradesh Public Service Commission for conducting interviews for the purpose of appointment of Medical Officers in the State of Madhya Pradesh.The Bench of Justice S. A. Dharmadhikari was hearing the plea filed by Dr. Ronak Sharma and others being aggrieved by the alleged arbitrary selection process. The …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 6 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court
3 years, 7 months ago

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has recently observed that automatic confirmation cannot be claimed as a matter of right after the expiry of probation period, unless there is a vacancy for the same job. One of the conditions of the appointment order was that in the light of Rule 12 of the Madhya Pradesh Government Servants Rules, 1960, the petitioner's …

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