Atul Nihale v. State of MP- Death Penalty Confirmed in “Rarest of Rare” Case
This blog explores a Judgment of MPHC in a POCSO matter discussing rarest of rare doctrine.
Back Wages After Acquittal: Understanding Fundamental Rule 54-B
MPHC ruled in Vijay Kumar Sharma's case that an acquittal does not guarantee back wages for suspended public servants. The law allows discretion in salary decisions based on suspension justification, emphasizing that an acquittal's nature and the department's prior actions significantly influence outcomes.
Regularization of ad hoc service for pension benefits
For many government employees working from a long time but having not been regularised, the transition from active service to a peaceful retirement is often obstructed by a single, technical word: "Ad-hoc." By applying the 10-year Uma Devi mandate, the Court quashed the State's rejection order and directed full regularization of service from 1987. This judgment serves as a vital shield for long-term employees, reinforcing that the State cannot "take the benefit of its own wrong" to deny earned retirement security.
Suit For Permanent Injunction Maintainable Without Seeking Declaration If Title Is Not Under ‘Cloud’
The Madhya Pradesh High Court has reiterated that a suit for permanent injunction is maintainable without seeking a declaration of title when the plaintiff’s title is clear and not under a legal “cloud.” A mere wrongful claim by the defendant cannot compel the plaintiff to file a declaratory suit.
Cheque as Valid Tender in Decree Satisfaction
In a significant ruling, the Madhya Pradesh High Court (Indore Bench) has clarified that payment by cheque constitutes a valid legal tender for satisfying a court decree unless the decree specifically requires another mode of payment.
In Parth Credit and Capital Market Pvt. Ltd. v. Ideal Electronics Pvt. Ltd., Justice Alok Awasthi held that an executing court cannot impose new conditions beyond the terms of the decree. The Court emphasized that in modern commercial practice a cheque represents cash, and if honored, payment legally relates back to the date of its tender.
The ruling reinforces a key principle of execution law: courts must prioritize substance over technical objections when a judgment debtor shows bona fide intent to comply with a compromise decree.
Age Determination in POCSO Cases: The Primacy of School Records over Medical Evidence
In the recent judgment of Ayyaz Mohammad vs. State of MP, the High Court reaffirms that an ossification test is a last resort. Learn how the "first available basis" rule under the JJ Act prioritizes school registers over medical opinions.
Does a Missing FSL Report Guarantee Default Bail? The MP High Court Reaffirms the “Kapil Wadhawan” Rule
The Madhya Pradesh High Court has clarified that non-filing of the FSL report along with the charge-sheet does not automatically entitle an accused to default bail under NDPS law. Here’s what the court held and what it means for your case.
Reinstatement of MNREGA Technical Assistants: What Contractual Employees Must Know
In a major relief to contractual employees, the MP High Court quashed discontinuation orders against MNREGA Technical Assistants and ordered reinstatement with back wages. Here’s what you must know.
Legal Victory: High Court Quashes Discriminatory Dismissal of Retired SBI Officer
Siddharth Shukla Advocate | Service Law | Public Employment Lawyer practicing in Jabalpur, Madhya Pradesh, specializing in Constitutional, Criminal, Commercial, and Civil Law. Dedicated to providing strategic legal counsel and insightful analysis on complex legal frameworks. Connect with Siddharth Shukla…
What Baker McKenzie’s 1,000-Person Pivot Tells Us About the Future of (Legal) Work
As an advocate observing the rapid integration of artificial intelligence into the legal profession, I examine what Baker McKenzie’s restructuring truly signals for the future of law. This is not merely a layoff story — it is a case study in how AI is reshaping legal practice, redefining professional roles, and forcing lawyers worldwide, including in India, to rethink strategy, efficiency, and long-term relevance in an AI-driven legal ecosystem.