S. 6 PMLA | Adjudicating Authority Is Not Judicial Or Quasi-Judicial Tribunal Merely Because Procedure Followed Has Judicial Colour: Madras High Court

The Madras High Court recently held that the Adjudicating Authority under Section 6 of the Prevention of Money Laundering Act was neither a judicial nor a quasi-judicial tribunal merely because the procedures followed by the authority had some “judicial colour” to it. “We do not find that the Adjudicating Authority is a judicial or quasi judicial Tribunal deciding the rights of...

Revenue Authorities Not Empowered To Issue “No Caste, No Religion Certificate”:Madras High Court

The Madras High Court recently observed that while a person could choose not to mention his caste and religion in his documents, the revenue authorities were not empowered to issue a “No Caste No Religion Certificate”. The court observed that issuance of such a certificate will be construed as a general declaration and the Revenue Authorities could not do so in the absence of...

Allowing Trial To Continue Without Identifying Accused Would Embarrass & Vilify Victim, Resulting In Mockery Upon Womanhood: Madras HC Quashes Sexual Abuse Case

The Madras High Court recently quashed a sexual harassment case under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act. The court added that since the accused person had not been identified for 3 years, continuing the proceedings would be a mockery upon womanhood and bring further embarrassment to the woman who would be put to mental agony. Justice Anand Venkatesh...

S. 19 MV Act | Regional Transport Authority Cannot Pre-Judge Guilt Even Before Filing Of Final Report By Police: Madras High Court

The Madras High Court has recently observed that while exercising powers under Section 19 of the Motor Vehicle Act, the Regional Transport Authority cannot pre-judge the guilt of a person charged under a criminal case and seize driving licenses without filing a final report by the police. Justice B Pugalendhi of the Madurai bench was dealing with a batch of pleas seeking directions to...

S. 138 NI Act | Whether Authorised Signatory Will Be Liable Along With Proprietor When Proceedings Are Initiated? Madras HC Refers To Division Bench

The Madras High Court has referred to a division bench the question of whether the proprietor of concern would alone be considered as the drawer of a cheque when a prosecution has been initiated against the proprietary concern under Section 138 of the Negotiable Instruments Act. Justice Anand Venkatesh noted that there were two contradictory views on the same issue and thus...

MMDR Act | Special Court Cannot Take Cognisance Of Offence, Application For Releasing Vehicle Will Lie Before Magistrate: Madras High Court

The Madras High Court recently observed that the court competent to initiate confiscation proceedings and issue directions for disposal of seized materials with respect to the Mines and Minerals (Development and Regulation) Act is the Magistrate Court, which is the court competent to take cognisance of the offence. Justice Anand Venkatesh thus took a different view than what had been...

“How Can He Continue As Minister Despite Being Under Arrest For More Than 230 Days?”: Madras HC Asks While Hearing Senthil Balaji's Bail Plea

The Madras High Court on Tuesday asked how Senthil Balaji could continue as a Minister in the state despite being arrested and being in custody for the past 230 days. The court also commented that Balaji's continuation as Minister did not augur well. Justice Anand Venkatesh made the above comments while hearing the bail plea filed by arrested Tamil Nadu Minister V Senthil...

Palani Temple Not A Picnic Spot, Cannot Allow Entry Of Non-Hindus Beyond Flagpole: Madras High Court

While directing the state government to install boards indicating that non-Hindus are not permitted entry into the Palani temple beyond the flag pole situated at the entrance of the temple, the Madras High Court today emphasized that temples are not covered under Article 15 of the Constitution and hence restriction of entry for non-Hindus could not be said to be improper. The...

Tamil Nadu's Gender & Sexual Minority (LGBTQ+) Policy A Testament To State's Commitment To Inclusivity & Empowerment: Madras High Court

The Madras High Court on Monday commended the Tamil Nadu government's efforts to bring out a policy- the Tamil Nadu Gender and Sexual Minority (LGBTQ+) Policy, for the welfare of the LGBTQ+ community. Justice Anand Venkatesh added that the policy was a testament to the state's continued commitment to inclusivity and empowerment. The court added that the policy had brought a...

[Missing Court Documents] Madras HC Refuses To Interfere With Disciplinary Authority's Order Against Head Clerk, Calls It Grave Misconduct

The Madras High Court recently refused to quash the punishment imposed on the Head Clerk of the Principal District Munsif Court, Srivilliputhur in connection with the missing of two plaints and pro-notes in plaints. The bench of Justice D Krishnakumar and Justice R Vijayakumar held that the order of imposing a punishment of stoppage of two increments with cumulative effect was not in...

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court

The Madras High Court has recently held that the reckoning date for calculating the limitation period under Section 469 of CrPC would be from the date of filing of the final report and not the date of registration of FIR. Justice Anand Venkatesh noted that in a case emanating from the FIR, cognizance is taken by the Magistrate upon the filing of the final report. The court added that...

Madras High Court Weekly Round-Up: January 22 - January 28, 2024

Citations: 2024 LiveLaw (Mad) 33 To 2024 LiveLaw (Mad) 44 NOMINAL INDEX R Sasikala Devi v The AAO/ Assistance Secretary and others, 2024 LiveLaw (Mad) 33 L Ganapathy v The Assistant Commissioner of Police, 2024 LiveLaw (Mad) 34 CA V Venkata Sivakumar v The Insolvency and Bankruptcy Board of India (IBBI) and Others, 2024 LiveLaw (Mad) 35 R. Ochappan vs. Keerthana,...