Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court
3 years, 4 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 services could be discontinued by giving one month's notice or one month's advance salary in lieu thereof. "Since the petitioner was appointed in the year 2014 and although no specific order was issued thereby confirming him in service but as the probation period of the petitioner was not extended after completion of his three years, therefore, it had to be presumed that the petitioner was confirmed in the service and accordingly, his services could not have been terminated without holding a Departmental Enquiry," petitioner's counsel also submitted. Therefore the Court while relying on Rule 8 and Rule 12 of the 1960 Rules said that temporary employee's services could be terminated by either issuing one month's notice by making payment of one month's advance salary in lieu of notice and remarked that, "If the order dated 02/01/2018 is tested in the light of Rule 12 of the Rules, 1960, then it is clear that neither one month's notice has been given nor one month's salary in advance has been paid in lieu of the notice as required under Rule 12 of the Rules, 1960." Sharma 1 SCC 132 and C. V. Satheeshchandran vs. General Manager, UCO Bank and Others 2 SCC 653, the Court opined that the impugned order required modification and accordingly observed that the petitioner was entitled to one month's salary in lieu of one month's notice and also affirmed the modification order dated April 9, 2018 and August 30, 2018.

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History of this topic

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges
1 week ago

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges

India Today  

The Supreme Court on Tuesday reserved its order on the suo motu writ petition registered in connection with the termination of services of six female civil judges by the Madhya Pradesh government, of which two are yet to be reinstated. On the last date of hearing, the top court had slammed the state high court for terminating the services of …

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree
1 week, 5 days ago

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree

Live Law  

By way of an interim direction, the Madhya Pradesh High Court has restrained a man from solemnizing second marriage during the pendency of his ex-wife's appeal against the decree of divorce dissolving their marriage. The counsel for the appellant submitted, “First appeal is pending before this Hon'ble court and the respondent is going to perform second marriage on 13th of …

Can't Perpetuate "Pernicious Practice" Of Indefinite Irregular Appointment: Jharkhand HC Orders Regularization Of Clerk After 10 Yrs
4 weeks, 1 day ago

Can't Perpetuate "Pernicious Practice" Of Indefinite Irregular Appointment: Jharkhand HC Orders Regularization Of Clerk After 10 Yrs

Live Law  

The Jharkhand High Court in a recent judgement, has directed the State to regularise the services of an appellant who had been engaged as a Computer Operator on a daily-wage basis since 2008 and later on a contractual basis. Ramachandra Rao and Justice Deepak Roshan observed, “We are of the opinion that utilizing the services of the appellant from 2008, …

Order Passed U/S 148A(d) Income Tax Act Is Not Appealable, Writ Jurisdiction Can Be Invoked: Madhya Pradesh High Court
1 month, 1 week ago

Order Passed U/S 148A(d) Income Tax Act Is Not Appealable, Writ Jurisdiction Can Be Invoked: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that an order passed under Section 148A of the Income Tax Act 1961 is not an appealable order, therefore, the only remedy with an aggrieved party is to invoke writ jurisdiction of the High Court. In this scheme, a division bench of Justices Vivek Rusia and Binod Kumar Dwivedi observed, “Admittedly, the order …

High Court Rejects Mutation Order, Remands Case to Civil Court
2 months ago

High Court Rejects Mutation Order, Remands Case to Civil Court

Live Law  

The Madhya Pradesh High Court has reaffirmed the importance of issuing notice in property mutation proceedings. In a recent case, the court observed that the State had failed to issue notice to the petitioner despite the fact that the petitioner had been unable to appear before the State in 2015 when the order rejecting the mutation was passed. The court …

Madhya Pradesh High Court Stresses On Early Disposal Of Cases In Revenue Courts, Applies Apex Court Guidelines
4 months, 3 weeks ago

Madhya Pradesh High Court Stresses On Early Disposal Of Cases In Revenue Courts, Applies Apex Court Guidelines

Live Law  

The Madhya Pradesh High Court has emphasized the necessity of expediting case disposals in revenue courts, extending the Supreme Court's guidelines applicable to High Courts and District Courts to include revenue courts as well. The petitioner's counsel highlighted the inordinate delay in resolving the appeal, citing the Supreme Court's decision in High Court Bar Association, Allahabad vs. State of UP …

SC asks Madhya Pradesh HC to re-examine termination of six women civil judges
5 months ago

SC asks Madhya Pradesh HC to re-examine termination of six women civil judges

New Indian Express  

NEW DELHI: The Supreme Court recently directed the Madhya Pradesh High Court to re-examine its order to terminate the services of six women civil judges. In January, the Supreme Court had issued a notice to the Registrar General of the Madhya Pradesh High Court in the suo motu case. The Supreme Court had taken suo motu cognisance on January 12 …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
7 months, 2 weeks ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges
9 months, 3 weeks 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 …

Cannot Withdraw Resignation Once It Is Accepted: Madhya Pradesh High Court Refuses Relief To Police Constable Who Resigned In 1994
11 months, 1 week ago

Cannot Withdraw Resignation Once It Is Accepted: Madhya Pradesh High Court Refuses Relief To Police Constable Who Resigned In 1994

Live Law  

The Madhya Pradesh High Court, Jabalpur Bench, has emphatically laid down that once the application for resignation of an employee has been accepted, there cannot be any withdrawal of the same. ".once the resignation was accepted, there cannot be any withdrawal as the bilateral relationship of Master and Servant has seized to exist," Justice Vivek Agarwal declared recently, while. ".once …

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

No Enabling Provision Under POSH Act To Prefer An Appeal To A Departmental Authority: Madhya Pradesh High Court
1 year, 1 month ago

No Enabling Provision Under POSH Act To Prefer An Appeal To A Departmental Authority: Madhya Pradesh High Court

Live Law  

Madhya Pradesh High Court has recently underscored that once a report has been prepared by the Internal Complaints Committee constituted under the Prevention of Sexual Harassment At Work Place Act, 2013, no further appeal lies to a Departmental Authority. The single judge bench of Justice Sujoy Paul also remarked that Section 18 of the POSH Act expressly provides that appeals …

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates
1 year, 2 months ago

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates

Live Law  

Madhya Pradesh High Court has recently made an observation that when contracts of employment are governed purely by the terms of the contract without any element of statutory governance, such contracts that determine the relationship between the master and the servant are not specifically enforceable. Goyal reported in 2008 SCC 92 wherein the Apex Court held that when the relationship …

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'
1 year, 3 months ago

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'

Live Law  

The Madhya Pradesh High Court on Wednesday issued a circular for all the Sessions and criminal courts in the state directing them to strictly follow the guidelines issued by the Supreme Court in the 2014 Arnesh Kumar Judgment on arrests. Accordingly, the Madhya Pradesh High Court has issued the following guidelines: 11.1 All the State Governments to instruct its police …

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court
1 year, 3 months ago

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently invalidated a transfer order and a relieving order issued to an individual holding the position of Superintendent Engineer within the M.P. The division bench of Justices S. A. Dharmadhikari and Hirdesh observed, “Admittedly, there is approval of the Managing Director before passing the impugned transfer order and relieving order. The appellant had challenged a …

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case
1 year, 4 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 …

Madhya Pradesh High Court Stays Appointments With 27% Reservation for OBCs Beyond 50% Cap
1 year, 4 months ago

Madhya Pradesh High Court Stays Appointments With 27% Reservation for OBCs Beyond 50% Cap

Live Law  

The Madhya Pradesh High Court, in a recent development, issued a stay on further appointments involving a 27% reservation for Other Backward Classes that surpasses the 50% reservation cap. Notably, references were made to the case of Indra Sawhney and others vs. Union of India and others SCC 217), Dr. Jishri Laxmanarao Patil vs. Chief Minister of the State of …

District Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination : Supreme Court
1 year, 9 months ago

District Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination : Supreme Court

Live Law  

The Supreme Court, on Monday, directed the Madhya Pradesh High Court to comply with the directions of the Apex Court in All India Judges’ Association And Ors. 15 SCC 170, particularly, the one asking the High Courts to reserve only 10% seats in the higher judiciary to be filled up by limited departmental competitive examination. v. UoI And Ors, the …

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court
1 year, 10 months 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 …

Provision U/S 361 CrPC Mandatory; Trial Court To Record Reasons For Not Releasing Convict On Probation: Madhya Pradesh High Court
1 year, 11 months ago

Provision U/S 361 CrPC Mandatory; Trial Court To Record Reasons For Not Releasing Convict On Probation: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench has reiterated that the provision under Section 361 CrPC is mandatory and that the trial court ought to record its reasons in writing as to why it would not be advisable to grant the benefit of probation to convict who is otherwise eligible for the same. The Petitioner argued that the lower court …

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court
1 year, 11 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 …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
1 year, 11 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 …

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

Madhya Pradesh High Court Holds Proceeding Late At Night; Grants Interim Relief Against Demolition Of Alleged Illegal Construction
2 years, 3 months ago

Madhya Pradesh High Court Holds Proceeding Late At Night; Grants Interim Relief Against Demolition Of Alleged Illegal Construction

Live Law  

The High Court of Madhya Pradesh, Indore Bench conducted a proceeding at 9:10 pm on Saturday to hear a matter related to an alleged encroachment. Observing that prima facie it appeared that the Petitioner was not duly served with a proper notice to remove her alleged encroachment, the Court granted interim relief against the its demolition. Accordingly, the bench comprising …

Order XLVII Rule 9 CPC | Second Review Application Not Maintainable: Madhya Pradesh High Court
2 years, 4 months ago

Order XLVII Rule 9 CPC | Second Review Application Not Maintainable: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently held that pursuant to the provision under Order XLVII Rule 9 CPC, a review of an order passed in a review petition is not maintainable. The said petition was dismissed against which a review petition was filed under Order XLVII Rule 1 CPC. Per contra, the State brought the attention of the Court to …

Notice Of Proceeding Under Section 11 Of The A&C Act Is A Mandatory Requirement: Madhya Pradesh High Court
2 years, 4 months ago

Notice Of Proceeding Under Section 11 Of The A&C Act Is A Mandatory Requirement: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that it is mandatory for a High Court to issue notice of application under Section 11 of the A&C Act and non-compliance of which would vitiate the entire proceeding for appointment of arbitrator. The High Court did not issue a notice of proceeding under Section 11 of the A&C Act, however, at the …

All High Courts Weekly Round Up [July 25, 2022 - July 31, 2022]
2 years, 4 months ago

All High Courts Weekly Round Up [July 25, 2022 - July 31, 2022]

Live Law  

Allahabad High Court NOMINAL INDEX Srinivas And Ors. Allahabad High Court Case Title : VAISHALI VARSHIKAR v VIJAY MOURYA and anr Citation: 2022 LiveLaw 177 The Madhya Pradesh High Court, Indore Bench, recently rejected an application for cancellation of bail of a person on the ground that his bail order had not conditioned him to not get involved in any …

Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply
2 years, 5 months ago

Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply

Live Law  

The Madhya Pradesh High Court bench of Justice Sujoy Paul and Justice Prakash Chandra Gupta has held that the reassessment order was passed without considering the reply to the show cause notice and directed the department to pass a fresh order. The department submitted that indisputably the petitioner's reply escaped notice of the respondents while passing an order under Section …

Delay Of 18 Months In Filing Appeal Without Reasonable Justifications: Madhya Pradesh High Court Upholds Cancellation Of GST Registration
2 years, 7 months ago

Delay Of 18 Months In Filing Appeal Without Reasonable Justifications: Madhya Pradesh High Court Upholds Cancellation Of GST Registration

Live Law  

The Madhya Pradesh High Court bench of Justice Sheel Nagu and Justice Maninder S. Bhatti has upheld the cancellation of GST registration as there was a delay of 18 months in filing the appeal without reasonable justification. Section 107 of the GST Act provides that an appeal can be preferred within a period of three months from the date of …

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition
2 years, 9 months ago

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition

Live Law  

The Supreme Court dismissed a review petition filed by State of Madhya Pradesh against its judgment holding that magistrates would not be competent to extend the time to complete investigations in UAPA cases.The grounds taken in the Review Petition do not make out any error apparent on record to justify interference, the bench comprising Justices Uday Umesh Lalit, S. Ravindra …

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith
2 years, 9 months ago

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith

Live Law  

The High Court of Madhya Pradesh recently set aside the order of preventive detention passed by the District Magistrate, holding that he failed to discharge his obligation, in as much as forwarding the case to the State Government after nearly 10 days of passing the respective order. Bansal was essentially dealing with a writ petition filed by the Petitioner, wherein …

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh
2 years, 10 months ago

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh

Live Law  

The High Court of Madhya Pradesh recently dismissed a petition filed by a NEET candidate seeking directions of the Court to allow him to change his domicile status to M.P. Citing Rule 6 of the Madhya Pradesh Medical Education Admission Rules, 2018, the division bench of Justice Sujoy Paul and Justice Arun Kumar Sharma held- The language of Rule 6 …

Reservation In Civic Body Elections : Supreme Court Adjourns Pleas Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification
3 years ago

Reservation In Civic Body Elections : Supreme Court Adjourns Pleas Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification

Live Law  

The Supreme Court today adjourned the batch of special leave petitions assailing Madhya Pradesh High Court's interim order of staying the notification dated December 10, 2020, related to the method of reservation in the civic body elections for Monday.The notification dated December 10, 2020 issued by the State reserved the offices of the President of various Municipal Councils and Mayor. …

[Reservation In Civic Body Elections] Supreme Court Issues Notice In Plea Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification
3 years ago

[Reservation In Civic Body Elections] Supreme Court Issues Notice In Plea Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification

Live Law  

The Supreme Court today issued notice in the Special Leave petition assailing Madhya Pradesh High Court's interim order of staying the notification related to method of reservation in the civic body elections.The notice was issued by the bench of Justices AM Khanwilkar and CT Ravikumar.The High Court had stayed the notification dated December 10, 2020 to the extent. The Supreme …

Supreme Court Raps State Of Madhya Pradesh For Its Callous Way To Implement Orders Passed By It
3 years, 1 month ago

Supreme Court Raps State Of Madhya Pradesh For Its Callous Way To Implement Orders Passed By It

Live Law  

The Supreme Court on Friday rapped the State of Madhya Pradesh for its callous way to implement the orders passed by the Top Court. The Top Court on October 21, 2021 had issued notice in the Special Leave Petitions assailing Madhya Pradesh High Court of quashing FIR registered against the accused u/s 420, 467, 468, 472 and 120-B of IPC.The …

Madhya Pradesh High Court Stays MPPSC's Selection Process For Appointment Of Medical Officers, Issues Notice To State Govt
3 years, 2 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, 3 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 …

Madhya Pradesh Higher Judicial Services Rules 2017 Has No Retrospective Operation: Supreme Court
3 years, 4 months ago

Madhya Pradesh Higher Judicial Services Rules 2017 Has No Retrospective Operation: Supreme Court

Live Law  

The Supreme Court observed that Madhya Pradesh Higher Judicial Services Rules, 2017, has no retrospective operation.The roster shall be prepared and maintained only after the commencement of operation of the Rules, the bench of Justices L. Nageswara Rao and Aniruddha Bose observed. The Supreme Court observed that Madhya Pradesh Higher Judicial Services Rules, 2017, has no retrospective operation. After the …

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