(341) SHANU AUTOMOBILES Vs. RAMJI RAUT[MADHYA PRADESH HIGH COURT] 19-05-2025 Criminal Procedure Code, 1973 — Section 204(4) — Dismissal of Complaint for Non-Payment of Process Fee — The Magistrate has the discretion to dismiss a complaint if the requisite fees for issuing process are not paid within a reasonable time — This dismissal is not an acquittal, and the order cannot be treated as such. India Law Library Docid # 2427776
(342) SURENDRA KUMAR MATHUR Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 19-05-2025 Service Law — Departmental Enquiry — Misconduct — Compulsory Retirement — Discrimination in Punishment — Principle of “Equality among Equals” — Assistant Jailor vs. Head Warder/Warder — Petitioner, as Assistant Jailor and in charge of Sub-jail, had different responsibilities and charges (inefficient control over prisoners/staff) compared to Head Warder/Warders — Therefore, plea of discrimination in punishment against other incumbents is not available as they are not India Law Library Docid # 2427777
(343) JYOTI DAS Vs. CENTRAL RAILWAY CSM TERMINUS AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Pension and Family Pension — Eligibility — Daughter — Widowed/Divorced Daughter — Central Civil Services (Pension) Rules, 1972 — Rule 54(6) — Office Memoranda — A daughter is eligible for family pension as a widowed/divorced daughter only if she meets all eligibility conditions at the time of her parents’ death or ineligibility and when her turn to receive the pension arrives — The critical factor is her status (married/unmarried/widowed/divorced) at the time the pension becomes India Law Library Docid # 2427778
(344) UNION OF INDIA AND ANOTHER Vs. NIRMALA RAJPUT AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Family Pension — Eligibility of Divorced Daughter — “Talaknama” (marriage dissolution agreement) — A Talaknama, even if executed by mutual consent, is not a legally valid document for dissolution of marriage under Hindu Law — The date of divorce is the date when a competent court grants a decree of divorce, not the date of a Talaknama. India Law Library Docid # 2427779
(345) KRISHNAPAL SINGH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 19-05-2025 Criminal Law — Rape (IPC Section 376(2)(n)) — Absence of Injury — It is well-settled law that the absence of internal or external injuries on the body of the prosecutrix does not automatically lead to the conclusion that sexual intercourse was consensual — The oral testimony of the prosecutrix, if found credible, can be sufficient for conviction. India Law Library Docid # 2427780
(346) RAM SINGH BAKORIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Service Law — Departmental Enquiry — Disciplinary Authority — Disagreement with Enquiry Officer’s Findings — M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 — Rule 15(2) — Obligation to record reasons — Where the Disciplinary Authority disagrees with the Enquiry Officer’s finding that the charge is not proved, it is mandatory for the Disciplinary Authority to record its reasons for India Law Library Docid # 2427781
(347) SHANKARLAL AND OTHERS Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 19-05-2025 Criminal Law — Penal Code, 1860 — Sections 307 and 325 — Attempt to Murder vs. Voluntarily Causing Grievous Hurt — Key elements for Section 307 conviction include intention or knowledge to cause death, considering the nature of the weapon, manner of use, severity and number of blows, and the body part injured — The prosecution must prove the injury was sufficient to cause death in the ordinary course of nature — Lack of intention or knowledge to cause death, even with grievous India Law Library Docid # 2427782
(348) IN REFERENCE MEMO NO.454/2024 BHOPAL DATED 23/11/2024[MADHYA PRADESH HIGH COURT] 19-05-2025 Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 1(4) — Overriding Effect over National Investigation Agency Act, 2008 — A juvenile in conflict with law, assessed to be tried as an adult, must be tried by the Children’s Court under the JJ Act, 2015, even if the case involves scheduled offences under the NIA Act, 2008 — The non-obstante clause in Section 1(4) of the JJ Act, 2015, which India Law Library Docid # 2427783
(349) UNION OF INDIA Vs. BALURAM[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 19-05-2025 Criminal Procedure Code, 1973 — Sections 451 & 457 — Interim Custody of Seized Property — Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 52-A — Disposal of seized conveyances — Vehicle seized for illegal transportation of poppy straw (contraband) — Application for interim custody allowed by trial court — Revision by Union of India seeking setting aside of order — India Law Library Docid # 2427784
(350) RAHUL Vs. GURBAJ SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 19-05-2025 Motor Vehicles Act, 1988 — Section 173(1) — Appeal for enhancement of compensation — Motor Accident Claims Tribunal (MACT) — Remarriage of claimant-widower — Entitlement to compensation — Tribunal’s award of Rs. 1,00,000/- for death of wife challenged as erroneously overlooking fact that remarriage does not bar compensation — High Court found that claimant’s remarriage does not extinguish his right to compensation for the death of his deceased India Law Library Docid # 2427785
(351) DR. O.P. SINGH AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Constitution of India, 1950 — Article 14 — Equality before law and equal protection of laws — Discrimination — Retirement Age — Veterinary Doctors vs. Allopathic and Ayush Doctors — The Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Sanshodhan Adhiniyam, 2011, by increasing the retirement age of Allopathic Doctors to 65 years while maintaining 62 years for Veterinary Doctors, creates discriminatory classification— Mode of treatment (humans vs. animals) is not an “intelligible differentia” to j India Law Library Docid # 2427786
(352) GURKIRAT KALRA Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 19-05-2025 Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Applicant residing abroad — Maintainability of application — Pre-arrest bail application can be filed by a person residing outside the country, but prior to the final hearing, the applicant must be physically present in India to enable the court to impose and enforce conditions as per law. India Law Library Docid # 2427944
(353) DHEERENDRA SINGH Vs. MAHENDRA SINGH[MADHYA PRADESH HIGH COURT] 17-05-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Acquittal reversed — High Court — Criminal Appeal — Initial presumption under Section 139 NI Act is in favour of the complainant, establishing a legally enforceable debt/liability when the accused admits signature on the cheque — The burden then shifts to the accused to rebut this presumption — The standard of proof for rebuttal is India Law Library Docid # 2427787
(354) ABHISHEK SHARMA Vs. SMT. APARNA TOMAR[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 17-05-2025 Civil Procedure Code, 1908 — Order 23 Rule 1(3) & (4) — Withdrawal of Suit — Bar on Fresh Suit — If a plaintiff withdraws a suit without seeking permission (liberty) from the court to file a fresh suit on the same subject matter, they are generally barred from instituting a subsequent suit on the same facts or cause of action — This restriction applies even if the subsequent suit seeks a different relief but is based on the same underlying factual premise — The consequence of not obtaining such India Law Library Docid # 2427788
(355) PRAHLAD AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 17-05-2025 Madhya Pradesh Land Revenue Code, 1959 — Sections 59 & 172 (as amended by M.P. Act No. 23 of 2018) — Abatement of proceedings — Statutory Interpretation — Effect of “unless a different intention appears” Clause in General Clauses Act, Section 10 — Where new legislation explicitly states that all pending proceedings related to the subject matter shall abate, such express legislative intent overrides the general saving clause of the General Clauses Act. India Law Library Docid # 2427789
(356) M/S KJS CEMENT LIMITED AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 17-05-2025 Mines and Minerals (Development and Regulation) Act, 1957 — Section 8A (5) and (6) — Extension of Mining Lease Period — Captive vs. Non-Captive Use — Interpretation — Section 8A (5) extends the lease period to March 31, 2030, for minerals used for “captive purposes,” while Section 8A (6) extends it to March 31, 2020, for “non-captive purposes.” — The determining factor for extension is the actual use of the mineral, not merely the mention of “captive” or “non-captive” in the India Law Library Docid # 2427790
(357) DINESH NEGI Vs. SAHIL SOOD[HIMACHAL PRADESH HIGH COURT] 16-05-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Conviction and sentence — Revision against concurrent findings — Evidence and appreciation by trial and appellate courts — Admissibility of documents not mentioned in notice/complaint — Presumption under Section 139 — Rebuttal of presumption — Scope of revisional jurisdiction — Re-appreciation of evidence in revision is ordinarily impermissible unless findings are perverse — Deposit of entire compen India Law Library Docid # 2425869
(358) RIDMAL AND OTHER Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 16-05-2025 Criminal Procedure Code, 1973 — Section 313 — Examination of accused — Purpose — To give the accused an opportunity to explain incriminating circumstances appearing against them in the evidence. India Law Library Docid # 2425958
(359) PAKU KARMAKAR Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 16-05-2025 Penal Code, 1860 — Section 307 — Attempt to murder — Proof — Essential ingredients are act with intention or knowledge, under circumstances where if death is caused, it amounts to murder — Assault by husband on wife with a ‘dao’ (machete) — Injuries inflicted on vital parts including head and neck, resulting in grievous injuries and severed thumb — Victim’s testimony implicating husband, corroborated by medical evidence — Abscondance of accused and lack of plausible explanation India Law Library Docid # 2426140
(360) RUPCHAN BHUYAN Vs. HAMIDA KHATUN AND OTHERS[GAUHATI HIGH COURT] 16-05-2025 Code of Criminal Procedure, 1973 — Section 125 — Order for maintenance of wife, children or parents — Petitioner (husband) earning salary from CRPF — Respondent (wife) and minor daughters unable to maintain themselves — Husband contesting claim but failing to adduce evidence to support claims of expenses or lack of income — Wife proving cruelty, inability to maintain herself and daughters, and husband’s income through uncontroverted testimony — Trial Court’s order directing maintenance of Rs India Law Library Docid # 2426141