Legal Updates | Madhya Pradesh State Judicial Academy

Judgement relating to prevention of Sexual Harassment at Work Place Aureliano Fernandes Versus State of Goa and Others Civil Appeal No. 2482 of 2014.
Summerize the law for effective implementation of Section 313 CrPC
Direction issued for prevention, prohibition and redressal of sexual harassment for working women
Directions issued to expedite and streamline adjudication of Motor Accident Claim Cases
Judgment of Hon'ble Supreme Court on recommendations of Second National Judicial Pay Commission (SNJPC)
Directorate of Enforcement vs Manpreet Singh Talwar on 12 May, 2023 SLPR 5724/2023
Guidelines to be followed while exercising power under Section 319 Cr.P.C.
Distinction must be made between the existence of the power to arrest and the justification for exercise of it.
Police officers do not arrest the accused unnecessarily and Magistrate do not authorise detention casually and mechanically: Directions issued.
Guidelines governing the exercise of power u/S.156(3) Cr.P.C. where such applications are either filed individually or along with complaint u/S.200 Cr.P.C.
Reckless allegation of misuse of powers and corruption against a Presiding Officer falls under the definition of the 'criminal contempt'
Any act, to interfere or tends to interfere with or obstructs or tends to obstruct in the administration of justice is made, falls under the definition of the 'criminal contempt'
Guidelines Regarding imposing bail conditions in cases related with Sexual Offences
Accused not arrested during investigation by investigating agency is entitled to be released on bail on filing of chargesheet
Trial court judges to be patient & tolerant towards lawyers during examination of witnesses
Evidence may be recorded in absence of accused where his personal attendance is dispensed with
IO is to decide when accused is required to be arrested - Court cannot direct to arrest
Directions of Supreme Court contained in Asian Resurfacing judgment to be followed in letter and spirit
Mandate of section 309 CrPC to be followed mandatorily by trial courts
304-B IPC soon before does not mean immediately before
Court should direct concurrent or consecutive running of sentences in judgment of conviction
Lockdown violation does not carry corporal punishment - directions issued to police
Guidelines of Arnesh Kumar reiterated and held mandatory - Consequences of voilation to ensue from 01.07.2021
Accused entitled to immediate release if arrested in violation of Section 41 and 41A CrPC
Plaintiff in suit for specific performance entitled to recover the compensation if land is acquired pending agreement
Accused should furnish criminal antecedents in bail application
MP High Court extends all kind of interim orders passed by all courts till 15th June 2021
Offences involving both SC ST (PA) Act and POCSO Act shall be tried by Special Court constituted under POCSO Act
Age of a case is not decisive of the matter for examination of a material witness u.s. 311 CrPC
Guidelines for Magistrates when application u.s. 156(3) CrPC is filed alongwith complaint
SC extends period of all kinds of limitation from 14.03.2021 till further orders
Ossification test conducted on a person of 40-55 years is conclusive to declare him a juvenile
Specific performance of contract is now mandatory, not discretionary
In respect of commercial disputes involving arbitration only the Commercial Court of the status of District Judge or Additional District Judge would be the competent court to entertain the matters
Extension of period of limitation during COVID-19 ends from 14th March 2021
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
Grant of leave to compound offence u/s 320(5) CrPC is not automatic on receipt of application, Court should look into the nature of offence and its impact on society before granting permission.
Ossification test conducted after advance age around 40-45 years of age does not prove the accused to be juvenile on the date of incident.
The judgment of the appellate court must reflect conscious application of mind and must record the court’s findings, supported by reasons for its decision in respect of all the issues, along with the contentions put forth and pressed by the parties.
Tenant cannot decide adequacy of space required to landlord - Eviction suits
A strict approach has to be adopted under PC & PNDT Act to eliminate the scourge of female foeticide
A criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant.
Law of anticipatory bail not applicable to child in conflict in law
FIR for offence punishable under Sec. 188 IPC can be registered.
Madhya Pradesh Freedom of Religion Ordinance, 2021
Giving short dates by trial court not a ground to transfer case.
Accused on default bail cannot be re-arrested on filing of charge sheet
SC uses powers under 141+142 and extends limitation in all cases across the country, till further orders
न्यायिक कर्मचारीगण की प्रशिक्षण सामग्री
Sentencing Policy : Test to be applied by trial Courts
Stay order granted by Supreme Court will not vacate after expiry of six months : Effect of judgment in Asian Resurfacing explained
Section 143A NI Act is not retrospective in effect
Addition of new graver offence while accused is on bail - Effect
How should Magistrates deal with protest petitions ?
Key points relating to application by "indigent person". (07.01.2019)
Questions for the grant of the relief of specific performance. (07.01.2019)
Socio-economic conditions is a relevant factor for awarding appropriate sentence.(12.12.2018)
Rape & murder of 3 year old - Sentencing - Capital punishment commuted to L.I.(12.12.2018)
Permission of municipality and tax receipts might imply possession but not title.(10.12.2018)
Appreciation of evidence relating to TIP.(10.12.2018)
A civil suit to question land acquisition is non-maintainable.(07.12.2018)
Appellate Court cannot grant relief not sought originally.(16.11.18)
Not absolutely beyond reform and rehabilitation - Death penalty Commuted to LI. (15.11.2018)
Law relating to Section 319 Cr.P.C.- Retrieted. (13.11.2018)
Effect of failure to frame specific charges.(31.10.2018)
Practice guidelines to be followed by trial courts in conduct of criminal trial.(30.10.2018)
Habituated to sexual intercourse - No adverse inference against prosecuterix.(30.10.2018)
Estranged wife or live-in-partner entitled to relief under the DV Act. (30.10.2018)
"Just compensation" under MV Act must exclude contractual pecuniary advantage due to death. (12.10.2018)
Proof of acceptance of bribe money is essential. (09.10.2018)
Specific performance of "Development Agreements". (09.10.2018)
Section 497 IPC is unconstitutional. (27.09.2018)
Appreciation of evidence by a witness against a closely related accused.(19.09.2018)
Considerations for deciding applications u/s. 321 Cr.P.C..(13.09.2018)
Consensual sex of adults - Not an offence under S.377 - Unconstitutional to that extent.(06.09.2018)
Application of S. 42 or 43 of NDPS Act vis-a-vis seizure at Public place. (05.09.2018)
Appreciation of testimony of a Prosecuterix.(29.08.2018)
The relatives should not be roped in on the basis of omnibus allegations.(21.08.2018)
Requirement of fair investigation in cases relating to laws having reverse burden of proof.(16.08.2018)
Directions to all Legal Services Authorities to extend Video Conferencing facilities for Advocates to interact with accused in jail.(14.08.2018)
Legal position on the concept of "Pay and Recover". (08.08.2018)
Non-identification of the accused does not in itself vitiate the prosecution case. (02.08.2018)
Call of abstaining from work by Bar - Directions issued.(31.07.2018)
Whether Court can act upon mere confession of co-accused in N.D.P.S. cases ? (31.07.2018)
Erroneous order cannot be recalled under Section 362 Cr.P.C.(23.07.2018)
Victim's right to appeal includes ancillary rights attched with it.(18.07.2018)
Burden is on the accused to explain possession of bribe money.(17.07.2018)
Maintainability of the Second Complaint on same facts.(11.07.2018)
Testimony cannot be doubted solely on the ground that witness did not intervene.(10.07.2018)
Magistrate's permission is not necessary for obtaining specimen of fingerprints of the accused. (02.07.2018)
Mere denial is not sufficient to rebut the presumption under Section 139 N.I. Act. (02.07.2018)
GUIDELINES FOR VIDEO CONFERENCING ISSUED BY THE HIGH COURT OF MADHYA PRADESH
Effect of non-explanation of injuries sustained by the accused. (08.05.2018)
Suit for partition is not maintainable if proceedings under SARFAESI Act had been initiated.(03.05.2018)
Possibility of influence of bias in testimony of interested witness should never be overlooked.(26.04.2018)
Storing of adulterated food for making other food is an offence.(24.04.2018)
Only living daughters of living coparceners can claim a share in ancestral property.(19.04.2018)
Previous suit for injunction does not bar subsequent suit for specific performance. (13.04.2018)
THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2018
Call to abstain from Court work for a week by State Bar Council; illegal and unconstitutional. (10.04.2018)
Spot where vehicle was lying, cannot be presumed to be the spot of accident only on the basis of Spot Map. (06.04.2018)
Compelling subordinate to do extra work: cannot amount to abetment of suicide. (05.04.2018)
Directions relating to trial of cases relating to honour killing. (27.03.2018)
No absolute bar on anticipatory bail and other guidelines on Atrocities Act. (20.03.2018)
Maintainability of Second FIR. (19.03.2018)
Long distance and effect on business: relevant factors while considering application under Section 205 Cr.P.C. (16.03.2018)
Oral consent of the advocate is not sufficient to refer a matter to arbitration under Section 89 CPC. (09.03.2018)
Passive Euthanasia: Guidelines issued assigning role to Judicial Magistrate of First Class. (09.03.2018)
Section 88 of the Cr.P.C. does not confer any right on any person to be released on bail bonds. (23.02.2018)
Execution of award can be directly filed where it is capable of being executed. (15.02.2018)
Knowledge of the accused that offence has been committed is necessary for conviction under Section 201 IPC. (12.02.2018)
Women born before 1956 are also entitled to equal share after 2005 amendment. (01.02.2018)
A party not in possession of electronic device is not required to produce certificate. (30.01.2018)
No special benefit can be granted to the accused on the ground of foreign nationality while considering bail.(23.01.2018)
Requirement of leave of the Court for representing a minor as a Next friend and guardian adlitem. (08.01.2018)
Absence of licence may not lead to a finding of negligence. (15.12.2017)
Scope of Section 102 Cr.P.C. : Power to seize. (15.12.2017)
Proviso of Order 6 Rule 17 C.P.C. - When applicable. (11.12.2017)
Once examination of witness begins, it must continue on day to day basis.(28.11.2017)
No need of attesting witnesses for execution of a sale deed.(23.11.2017)
Requirement to prove custom by judicial notice.(22.11.2017)
Infirmities which goes to the root - Accused entitled to get benefit of doubt.(13.11.2017)
Scope for appellate court in appeal against acquittal.(10.11.2017)
Right of L.Rs. in case of death of complainant in warrant case.(03.11.2017)
Application of Section 195(1)(b)(ii) Cr.P.C..(03.11.2017)
Guidelines on fixation of future prospects for deciding Motor Accident Claims.(31.10.2017)
Paradigm shift in criminal justice system in favour of the victim.(30.10.2017)
Advance money can be forfeited only in case of a term as to that.(25.10.2017)
Sexual intercourse with minor wife is rape.(11.10.2017)
Matrimonial disputes must be conducted in camera, video conferencing only on a joint application where settlement has failed.(09.10.2017)
Court can proceed under S.258 Cr.P.C. in cases relating to cheque bounce where the complainant is satisfactorily compensated.(05.10.2017)
Claim cannot be rejected on the ground of delay if satisfactorily explained.(04.10.2017)
Scope of O.1 R.10 and O.22R.4 of CPC. (03.10.2017)
"Last seen theory"- Relevant time gap must be minimal.(19.09.2017)
Suspicious circumstances surrounding the execution of Will makes the initial onus very heavy.(15.09.2017)
Residuary Article 113 cannot be invoked where specific limitation period is provided.(14.09.2017)
The period mentioned in Section 13B(2) of HMA is not mandatory. (12.09.2017)
Effect of setting aside of ex-parte decree.(08.09.2017)
Award of Lok Adalat can be challenged only by way of Writ Petition.(07.09.2017)
The welfare of the child is the paramount consideration.(04.09.2017)
Right to privacy is a fundamental right. (24.08.2017)
Prosecution can cite co-accused as witnesses to strengthen the case without taking recourse of Section 306 Cr.P.C.(23.08.2017)
Right to bail cannot be denied merely because of the sentiments of a community. (22.08.2017)
"Talaq-e-biddat" being without reasonable cause and attempt to reconciliation-Held to be unconstitutional.(22.08.2017)
If a part of a plaint cannot proceed, then the plaint need not be necessarily rejected. (21.08.2017)
Further investigation cannot be ordered suo motu at post cognizance stage. (18.08.2017)
Power to issue a non-bailable warrant must not be exercised in a routine manner. (11.08.2017)
Proper valuation of the suit and applicability of Court Fees Act stand on different footings. (10.08.2017)
Prosecution must prove foundational facts to bring home charge under Section 13 of PC Act. (09.08.2017)
Duties of the first appellate court in civil cases. (04.08.2017)
Regular bail cannot be granted when interim anticipatory bail is granted and the matter is pending. (03.08.2017)
Directions in relation to a complaint under Section 498A of IPC. (27.07.2017)
"Age" under Section 2(d) of POCSO Act does not include mental age. (21.07.2017)
Objection as to certificate under Section 65B of IEA cannot be taken at a later stage. (18.07.17)
Conviction under Section 201 IPC cannot be on the basis of probabilities or assumptions. (17.07.2017)
Absence of justifiable reason for delay in depositing rent – Delay cannot be condoned. (09.05.2017)
Definition of the expression “child in need of care and protection” u/s. 2(14) of the JJ Act not exhaustive – Guidelines issues. (05.05.2017)
Question as to whether a property is Wakf property or not – Within the jurisdiction of Tribunal – Jurisdiction of Civil Court is barred. (04.05.2017)
In a case based on circumstantial evidence, absence of motive is a circumstance in favour of the accused. (04.05.2017)
An accused can be directed to give his foot prints – But mere denial, cannot be the sole reason of conviction. (02.05.2017)
Person arrested u/s. 41 Cr.P.C. cannot be sent to custody u/s. 167 Cr.P.C. in absence of FIR. (01.05.2017)
Section 306 I.P.C.: A casual remark or mere reprimand or a word in fit of anger does not amount to abatement. (28.04.2017)
Decree passed against a dead person is nullity - Effect. (27.04.2017)
Section 319 Cr.P.C.: Stronger evidence than mere probability of complicity is required. (27.04.2017)
Remand by appellate court – Appellate Court should not record finding on merits. (24.04.2017)
Acquittal under Section 498A IPC may result into acquittal under Section 306 IPC as well.(24.04.2017)
Effect of non-examination of a credible independent witness. (21.04.2017)
Magistrates must be cautious while issuing the summons. (20.04.2017)
Limited right of the accused to use case diary. (19.04.2017)
Expert's opinion must be demonstrative and supported by convincing reasons. (19.04.2017)
Power of the court to vary, modify or discharge any order for permanent alimony U/S. 25(2) of HMA. (19.04.2017)
Lapse of time from the date of incident – Minor discrepancies in testimony - Inconsequential.(13.04.2017)
Guiding principles relating to sentencing.(10.04.2017)
Exception 1 and 4 under Section 300 IPC – Difference.(10.04.2017)
Absence of any explanation by the accused may result into an adverse inference against him.(07.04.2017)
Contempt of Court – Remarks in respect of judges – Incorrigible conduct – Three months S.I. awarded. (06.04.2017)
Medical Negligence – Error of judgment is not a rash and negligent act under Section 304-A.(06.04.2017)
Allowing of subsequent bail on the ground of delay after rejection of earlier by SC – Improper – Heavily criticised. (28.03.2017)
Devolution of a property of a Hindu female under Section 15 of HSA, 1956. (28.03.2017)
Section 99 C.P.C. applies to appeal as well as revisions. (23.03.2017)
Co-owner alone can maintain a suit for eviction. (21.03.2017)
Compensation in case of land of similar nature – Discrimination not proper. (21.03.2017)
Availability of RTI is not a substitute of Section 91 Cr.P.C. (15.03.2017)
Direction for disposal of criminal cases in time-bound manner by Hon'ble Supreme Court. (09.03.2017)
Joint and Mutual Will – Appreciation and Effect. (09.03.2017)
Use of video conferencing and other technological advancements – Direction issued. (09.03.2017)
Section 498A – General and vague allegations against the relatives – Not sufficient to prosecute. (09.03.2017)
Knowledge of marriage of the accused – Allegation of rape on pretext of marriage – Not reliable. (08.03.2017)
Isolated incident of past cannot constitute cruelty U/S. 13 of HMA.(08.03.2017)
Appreciation of evidence of eye witness vis – a – vis ballistics expert. (07.03.2017)
N.I. Act - “Refused”/ “Not available”/ “House locked”/ “addressee not in station” - Due service to be presumed. (01.03.2017)
Exemplary cost in frivolous cases – Duty of the Court to ensure legal system is not exploited. (01.03.2017)
Directions for prosecution in cases relating to Medical Negligence. (28.02.2017)
O.2 R.2 - Bar - Production & proof of plaint of the earlier suit is mandatory. (21.02.2017)
Land Acquisition – Allottee of acquired land is not a necessary party. (21.02.2017)
Execution of a decree of permanent injunction against legal representatives. (20.02.2017)
Custody of mature girl of 15 years – Her wish must be given due weightage. (17.02.2017)
Corruption by Public Servant - Disproportionate property can be held either by him or any person on his behalf. (14.02.2017)
Inordinate delay in approaching MACT- Claimant must approach within reasonable time. (09.02.2017)
Conditions for application of Section 149 IPC-Positive act with sharing of common object is necessary. (02.02.2017)
Power of the Magistrate to direct further investigation. (02.02.2017)
Scope of inquiry under Order 7 Rule 11 and Order 14 Rule 2 of C.P.C. (24.01.2017)
Mere change of counsel cannot be a ground to recall the witnesses. (20.01.2017)
Failure to follow procedure under Section 195 Cr.P.C. - Trial is void ab intio. (10.01.2017)
Disclosure of commission of cognizable crime – FIR is mandatory. (06.01.2017)
Declaration of result without judgment – Trial treated as pending – Duty of Trial Judge. (06.01.2017)
Test identification by Chance witness – Reliability. (06.01.2017)
Long possession of servant or caretaker –No legal right or interest –Interim injunction rightly refused. (06/01/2017)
Inquiry as to Juvenility – Availability of relevant documentary evidence – Medical examination cannot be ordered. (06.01.2017)
Joint or simultaneous disclosures, per se, are not inadmissible U/S. 27. (03.01.2017)
Mere non-disclosure without intent to deceive – Decree not fraudulent.(02.01.2017)