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Showing posts with the label Madhya Pradesh High Court

Legal Complexities in Liquor Stock Transfer Case: MP High Court Takes Strong Stance

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  Legal Complexities in Liquor Stock Transfer Case: MP High Court Takes Strong Stance By Abhishek Jat, Advocate In a significant development concerning excise duty litigation, the Madhya Pradesh High Court has demonstrated a firm judicial approach in a contentious case involving disputed liquor stock transfer. The Division Bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain recently issued fresh bailable warrants against three signatories implicated in the controversial documentation of liquor stock receipt. The case revolves around allegations questioning the legitimacy of documents purportedly evidencing the transfer of substantial liquor inventory to the fifth respondent. The central dispute concerns a Panchanama that documented the receipt of remainder liquor stock by three individuals who, according to contentions raised, were not authorized representatives of the fifth respondent. Adding to the complexity, one signatory was identified as a former employ...

Abetment of Rape: Madhya Pradesh High Court Clarifies Legal Position on Women's Liability

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  Abetment of Rape: Madhya Pradesh High Court Clarifies Legal Position on Women's Liability By Abhishek Jat, Advocate In a significant ruling, the Madhya Pradesh High Court has held that while a woman cannot be charged with committing rape under Section 376 of the Indian Penal Code, 1860 (IPC), she can be held liable for abetment of the offense under Section 109 IPC. The decision, delivered in Prashant Gupta v. State of M.P., Criminal Revision No. 4796 of 2023 , underscores the legal distinction between direct commission and facilitation of an offense, particularly in cases involving sexual crimes. Background of the Case The case arose from a criminal revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC), challenging the order of the Additional Sessions Judge, wherein charges had been framed under Sections 376 read with 34, 190, and 506-II IPC. The accused sought modification of the charges, arguing that the framing o...

Judicial Review on Extended Advertisements in Movie Theatres: A Consumer Rights Perspective

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  Judicial Review on Extended Advertisements in Movie Theatres: A Consumer Rights Perspective By Abhishek Jat, Advocate The Madhya Pradesh High Court recently addressed a Public Interest Litigation (PIL) concerning the prolonged display of advertisements in multiplex cinemas, which allegedly causes inconvenience to moviegoers. A Division Bench comprising Justice Anand Pathak and Justice Hirdesh deliberated on the issue and directed the authorities to engage in meaningful policy discussions before considering judicial intervention. The Court observed that time is a valuable resource, emphasizing the need for balanced policy measures. Background of the Petition The petitioner, a law student, raised concerns over the common practice of multiplex cinemas displaying extended advertisements before the commencement of movies. This practice, according to the petitioner, results in undue delays beyond the scheduled movie start time mentioned on tickets. The plea argued that moviegoe...