Madras High Court
Madras High Court Frames Procedure For Police To Record Witness Statements Through Audio-Visual Electronic Means At Least In Serious Crimes
Complying with an earlier order of the Supreme Court and in the interest of criminal justice system, the Madras High court has directed the Principal Secretary, Home Department and the Director General of Police to record statements of witnesses under Section 161 CrPC using audio-visual electronic means, at least in matters involving serious offences.Section 161 CrPC empowers...
Husband’s Illicit Relationship With Sister-In-Law Cruelty U/S 498A IPC: Madras High Court Sets Aside Acquittal, Criticises Probe
While setting aside the acquittal of a man in a case involving death of his wife by self-immolation, the Madras High Court has observed that the husband’s illicit relation with his elder brother’s wife would amount to cruelty on the wife within the meaning of Section 498A of IPC. The appellant, who was the mother of the victim, had contended that the victim had committed...
Madras High Court Advocates Association Passes Resolution Against CAT Judicial Member, Says She Asked An Advocate To 'Get Out'
In a resolution signed by more than 200 advocates, the Madras High Court Advocates Association has condemned the conduct of the Judicial Member of Central Administrative Tribunal, Chennai Bench, Ms Lata Baswaraj Patne, stating that she asked a lawyer to “get out”. In its resolution dated September 26th, the Association said that the utterances made by the member revealed...
Mother Entitled To Share In Pensionary Benefits Of Deceased Son Even In Absence Of Name In Service Register: Madras High Court
Coming to the aid of a mother seeking a share of the terminal and pensionary benefits of her deceased son, the Madras High court observed that the mother, being a senior citizen and one of the legal heirs was entitled to a share in the terminal and pensionary benefits. Though the Director of Ex-Service Men Welfare submitted that the deceased had nominated his wife to receive...
“Judiciary Has Broad Shoulders To Take On Any Criticism”: Madras HC While Quashing Criminal Case Against Political Commentator Badri Seshadri
The Madras High Court recently quashed the criminal proceedings initiated against political commentator Badri Seshadri for making adverse comments about the Chief Justice of India for taking up suo moto cognisance of the violence in Manipur. Seshadri was arrested on July 29, 2023 and later granted bail on August 1, 2023 by the District Munisff-cum-Judicial Magistrate court in...
Madras HC Refuses Compensation To Lawyer Injured By Police Action On 'Unlawful' PFI March, Says Private Persons Must Also Uphold Rule Of Law
While refusing relief to a lawyer seeking compensation for the injuries he sustained at the hands of the police in connection with a PFI march, the Madras High Court emphasised that law applies not only to the State machinery but also to individuals. Justice GR Swaminathan of the Madurai bench was constrained to make the statement after noting that the petitioner and other members of...
Legislation Against Land Grabbing Need Of The Hour, Appoint High Level Committee To Uncover Illegalities In Govt Property Dealings: Madras HC
While lamenting that lang grabbing by the powerful is an offence against the State and in turn an offence against the people of the State, the Madras High Court stressed on the need to bring in a legislation against land grabbing to ensure criminal prosecution against land grabbers. Justice SM Subramaniam observed that lands under Government custody had to be used for public welfare...
Madras HC Junks Plea Challenging Dismissal Of Complaint Against Ex-Congress MP, ABP News Channel Over 'Defamatory' Post On RSS
The Madras High Court recently dismissed a Revision plea filed against a December 2016 order of the Magistrate Court in Chennai dismissing a complaint filed against former Congress MP Nirmal Khatri and ABP News for posting an alleged defamatory post against an RSS worker. “In the considered view of this Court, the order passed by the Court below does not suffer from apparent...
“Students Cannot Be Put To Injury”: Madras High Court Directs Special Exams For Students Admitted In College Without Recognition
The Madras High Court has directed the Tamil Nadu Teachers Education University to conduct special exams for the students of Arulmighu Kalasalingam College of Education who were admitted in the academic year 2021-2022, while the college did not have recognition. Considering the plight of the students, the bench of Justice SS Sundar and Justice Bharatha Chakravarthy directed the...
Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped
While setting aside a preventive detention order made by the State for detention of a lawyer in connection with smuggling under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, the Madras High Court noted that the live and proximate link between grounds of detention and purpose of detention had snapped. Justice M Sundar and Justice R...
Advocates Tend To React Aggressively Due To Profession, Shouldn't Be Prosecuted For It: Madras HC Quashes FIR Against Lawyer For Obstructing Survey
While quashing an FIR filed against an advocate for obstructing revenue officials from carrying out a survey, the Madras High Court noted that though the advocate had acted strongly, his intention was not to prevent the Government Officials from performing their duties but to protect and safeguard the rights of his client. “It may be true that the petitioner had expressed...
Madras High Court Weekly Round-Up: September 18 To September 24, 2023
Citations: 2023 LiveLaw (Mad) 271 To 2023 LiveLaw (Mad) 277 NOMINAL INDEX EDAC Engineering v. Industrial Fans (India) Pvt Ltd, Application Nos 2080 and 4609 of 2021, 2023 LiveLaw (Mad) 271 Dr. V. Kalanidhi v State of Tamil Nadu, 2023 LiveLaw (Mad) 272 SV v. MR, 2023 LiveLaw (Mad) 273 Selvam v State, 2023 LiveLaw (Mad) 274 Mariappan v Inspector of Police, 2023 LiveLaw...