Verify Assets Declared By Police Officers, Confiscate Illegally Accumulated Wealth In Case Of Discrepancy: Madras High Court To State

The Madras High Court has directed the Secretary to Government (Home Department) and the Director General of Police to verify the mandatory declarations given by the police officials as per Rule 9 of the Tamil Nadu Subordinate Police Officers Conduct Rules, 1964, and take all appropriate actions in case of any discrepancies. Rule 9 of the Conduct Rules requires every police...

Corruption In India Pervades All Levels, Not Even Sparing IAS, IPS and Judicial Service: Madras High Court

While making critical remarks against corrupt practices prevalent among all levels of society, the Madras High Court noted that in present-day India, “Corruption has become deep-rooted and is galloping unchecked and unhindered. It is well known how our Great Nation appears to be sinking deeper and deeper in corruption. There is little doubt that corruption in present-day India...

State Can't Abolish Distinction Between 'Game Of Skill' & 'Game Of Chance': Online Gaming Companies Argue Before Madras High Court

While challenging the Tamil Nadu Prohibition of Online Gambling and Regulation Of Online Games Act 2022, the online gaming companies argued that there was a watershed distinction between a game of skill and a game of chance. It was submitted that this watershed distinction could not be abolished by a deeming function of the state. It was also submitted that the state was trying to...

ED Not Precluded From Carrying Out Investigation, Interrogation; Section 167 CrPC Applies To PMLA Cases Also: SG Tushar Mehta To Madras High Court

Opposing the argument that the Enforcement Directorate does not have the powers of police and thus could not have sought custody of Tamil Nadu Minister Senthil Balaji, Solicitor General Tushar Mehta on Wednesday told the Madras High Court that absence of such power does not take away ED’s right to investigate or interrogate.Mehta today made the submissions before the bench of Justice...

‘ED Is Acting Like An Authority Investigating Predicate Offence’: Senior Advocate Kapil Sibal To Madras High Court On Senthil Balaji’s Arrest

Challenging the arrest of Tamil Nadu Minister Senthil Balaji by the Enforcement Directorate, his wife Megala on Tuesday argued that the ED officials do not have powers of a police officer and are acting like an authority investigating the predicate offence. The submissions were made by Senior Advocate Kapil Sibal on Megala's behalf before Justice CV Karthikeyan. Earlier, a division...

Court Can't Be A Mute Spectator & Permit Perpetuation Of Untouchability: Madras High Court On Denial Of Temple Entry To SC Community Members

Lamenting that even after 75 years of Independence, there are instances of denial of temple entry to persons belonging to a particular community, the Madras High Court said that it can not be a mute spectator and allow such instances to continue. “A few persons claiming to be superior to the members of the petitioner community only by reason of their birth into a particular community...

Madras High Court Quashes COTPA Proceedings Filed Against Actor Dhanush For Film Poster Showing Him Smoking Cigarette

The Madras High Court on Monday quashed criminal proceedings under Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, initiated against Actor Dhanush, Director Aishwarya Rajnikanth and others by one Cyril Alexander for showing the actor smoking a cigarette in the posters of the...

Identify Cases Involving Consensual Relationship Of Minors, Will Consider Quashing Them If Against Their Interest, Future: Madras High Court To Police

The Madras High Court has directed the State Police to ascertain the number of pending cases before the Courts/Juvenile Justice Boards involving consensual relationships of minor children. The court said that the same would allow it to deal with the cases and quash the proceedings, in appropriate cases, if found to be against the future and interest of the children or if found to be an...

Come Up With SOP For Conducting Potency Test By Collecting Blood Sample, Mechanism Of Collecting Sperm Is A Method Of Past: Madras High Court

Noting that the Potency Test in cases involving sexual offences are still being conducted by collecting sperm from the offender, the Madras High Court has directed the authorities to come up with a standard operating procedure for conducting potency tests using blood samples.The division bench of Justice Anand Venkatesh and Justice Sundar Mohan said its wants to ensure that the Two-Finger...

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. “This Court is of the clear view that for the purpose of Section 125 Cr.P.C, the first petitioner can very well...

Madras High Court Weekly Round-Up: July 03 to July 09

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 182 To 2023 LiveLaw (Mad) 191 NOMINAL INDEX Pastor Gideon Jacob v State and Others, 2023 LiveLaw (Mad) 182 A Ayyanar v The General Manager, 2023 LiveLaw (Mad) 183 Megala v. State, 2023 LiveLaw (Mad) 184 Prasoon Mishra v State, 2023 LiveLaw (Mad) 185 Carunia Seelavathi...

Senthil Balaji Case: Madras High Court Frames Points Of Difference In Split Verdict, To Hear Arguments On July 11

Justice CV Karthikeyan of the Madras High Court on Friday framed the points of difference of opinion in the split verdict delivered by a division bench of the Court on July 4th in the habeas corpus petition filed by Megala, wife of Tamil Nadu Minister Senthil Balaji against his arrest by the Enforcement Directorate on June 14, in a money laundering case under PMLA.Justice Karthikeyan...