SARFAESI Act Does Not Mandate Secured Creditor To Approach DM For Taking Physical Possession: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that a secured creditor is not mandatorily required to invoke Section 14 of the SARFAESI Act, 2002 for taking physical possession of secured assets, and may do so directly under Section 13(4) read with Rule 8 of the Security Interest (Enforcement) Rules, 2002, provided there is no resistance from the borrower.Allowing a writ petition filed by UCO Bank,...

Labour Legislations Are Beneficial Laws, Hyper-Technical View On Limitation Must Be Avoided: MP High Court

The Madhya Pradesh High Court has held that claims raised by workmen should not be dismissed on hyper-technical grounds of limitation, particularly when delays are attributable to the COVID-19 pandemic and lack of legal awareness. Emphasising the beneficial nature of labour welfare legislations, the Court dismissed a writ petition filed by Medicaps Limited challenging the remand order passed...

MP High Court Stays Cutting Of Trees In Indore Upon Permission Granted By 'Tree Officer' Appointed By Collector, Says Only State Can Appoint

A Division Bench of the Madhya Pradesh High Court, comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi has restrained the cutting of trees in Indore on the basis of permissions granted by a Tree Officer appointed by the Collector, holding that such appointment is without authority of law under the Madhya Pradesh Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam, 2001.The Court...

Madhya Pradesh High Court Weekly Roundup: January 26 to February 01, 2026

Citations: 2026 LiveLaw (MP) 33 to 2026 LiveLaw (MP) 41Nominal IndexDr Vijay v MPPCS 2026 LiveLaw (MP) 33Atul Nihale v State of MP 2026 LiveLaw (MP) 34BK v PK 2026 LiveLaw (MP) 35Partha Credit and Capital Market v Ideal Electronics 2026 LiveLaw (MP) 36Chaukhi Lal Yadav v State of MP 2026 LiveLaw (MP) 37Meenakshi Khare v State of Madhya Pradesh 2026 LiveLaw (MP) 38Rinku Lodha v State of...

'Can't Remain Silent Spectator': MP High Court Orders Disciplinary Proceedings Against Police Officer For 'Shielding' Accused

The Madhya Pradesh High Court, on Friday (January 30), directed the Competent Authority to initiate departmental disciplinary proceedings against a police officer for shielding an accused. The bench of Justice Milind Ramesh Phadke observed; "The conduct of respondent No.2 in the present matter reflects a disturbing and alarming disregard for the rule of law, the authority of the Court, and...

MP High Court Rejects Ex-Chairman's Plea Against ED Search In ₹1400-Crore SKNL Fraud Case, Directs Him To PMLA Authority

The Madhya Pradesh High Court, on Wednesday (January 28), dismissed the plea of Nitin Shambhukumar Kasliwal, the former Chairman and Managing Director of M/s S Kumar's Nationwide Limited, challenging the search and seizure operations carried out by the ED under the PMLA, in connection with an alleged Rs 1,400 crore bank fraud case.The division bench of Justice Vijay Kumar Shukla and Justice...

Demand For Repayment Of Loan Doesn't Amount To Abetment Of Suicide: MP High Court Reiterates

The Madhya Pradesh High Court has quashed abetment to suicide charge under Section 306 IPC, observing that a person demanding his money back or in lieu keeping the deceased's motorcycle can't be deemed to be an overt act that left the deceased with no option but to commit suicide.The bench of Justice Pushpendra Yadav observed; "it is clear that the offence of abetment by instigation depends...

Spouse's Independent Income Can't Be Clubbed With Public Servant's Income To Launch Disproportionate Assets Case: MP High Court

The Madhya Pradesh High Court recently quashed a sanction order issued by tax authorities to prosecute a woman's husband–a public servant–under the Prevention of Corruption Act, by including the wife's independent income as an advocate in her husband's income. The division bench of Justice Vivek Kumar Singh and Justice Ajay Kumar Nirankari held that the investigating agency and...

High Courts Flooded With Service Matters: Madhya Pradesh HC Suggests State To Create In-House Employee Dispute Resolution System

The Madhya Pradesh High Court, on Wednesday (January 28), suggested the State Government to set up a Dispute Resolution System to internally resolve the complaints of its employees.The bench of Justice Vinay Saraf observed that the High Courts are flooded with service matters which could be resolved at the initial stage itself.The bench observed;"I deemed it proper to suggest the State...

Decree Holder Can't Defeat Compromise Or Trigger Execution By Refusing To Accept Judgment Debtor's Cheque: MP High Court

The Madhya Pradesh High Court has held that a decree holder cannot frustrate the terms of a compromise decree or trigger execution proceedings by deliberately refusing to accept or encash a cheque tendered by the judgment debtor in lawful satisfaction of the decree. The bench of Justice Alok Awasthi held that where a compromise decree does not prescribe any specific mode of payment, interest...

MP High Court Launches Special Training Programme For SC/ST Civil Judge Aspirants

The Madhya Pradesh High Court has initiated a specialized “Capacity Building Programme” for aspirants and Advocates (belonging to Scheduled Castes, Scheduled Tribes and others) who are preparing for the Civil Judge, Junior Division (Entry Level) Examination. The programme, inaugurated by the Chief Justice Sanjeev Sachdeva, emphasized its commitment to provide guidance and structured...

'Invasion Of Privacy': MP High Court Rejects Husband's Plea For Wife's Virginity Test

The Madhya Pradesh High Court has recently dismissed a husband's petition seeking a virginity or two-finger test on the wife because she refused to enter into a physical relationship with him.The bench of Justice Vivek Jain observed that a virginity test could not be ordered as it violates the privacy of an individual and that the husband could produce other evidence to show that the wife...