Madras High Court Criticizes DVAC For "Short Circuiting" Criminal Prosecution Of Ministers, Says Politician And Common Man Equal Before Law

While setting aside the discharge of Tamil Nadu's Revenue and Finance Ministers KKSSR Ramachandran and Thangam Thenarasu respectively in a disproportionate assets case, the Madras High Court said that it had a sacrosanct constitutional duty to interfere to prevent the "grossest abuse" of the judicial process.The court observed that the rule of law meant that every person would be equal...

Breaking | Madras High Court Sets Aside Discharge Of Ministers KKSSR Ramachandran & Thangam Thenarasu In Disproportionate Assets Case

The Madras High Court on Wednesday set aside the discharge of Ministers KKSSR Ramachandran and Thangam Thenarasu in disproportionate assets case. Justice Anand Venkatesh reversed the discharge of the ministers and directed them to appear before the Special Court. Finding that there was prima facie material to proceed with the trial, the court directed the special court to frame charges...

Preventive Detention A Colonial Law, Can't Be Applied To Everyone Booked For False News: Madras HC Says In Savukku Shankar Case

While reserving orders on the habeas corpus petition challenging the preventive detention of Youtuber and whistle blower Savukku Shankar, the Madras High Court criticised the state's approach in detaining Shankar for his statements.The bench of Justice SM Subramaniam and Justice V Sivagnanam commented that the Preventive Detention Act itself is a colonial law and such detaining powers should...

Madras HC Quashes Loan Condition Seeking Apology From Applicant For Sticking Posters Against Bank, Says It's A Legitimate Mode Of Protest

The Madras High Court recently quashed a pre-release condition imposed by the Indian Overseas Bank asking a student to give an apology letter for circulating posters against the Bank while sanctioning her education loan. Justice Murali Shankar noted that the Nationalised Banks could not treat a loan applicant, especially a student as their servant or a person obeying their orders....

Person Inviting Threat By His Criminal Or Anti-Social Activities Not Entitled To Police Protection: Madras High Court

While rejecting a man's application for police protection, the Madras High Court recently observed that police protection should be granted only in appropriate cases, and granting police protection to a person who had invited a situation of threat due to his criminal or anti-social activities will be against public morality. “Police protection can be given by Court only in...

Madras High Court Weekly Round-Up: July 29 - August 4, 2024

Citations: 2024 LiveLaw (Mad) 291 To 2024 LiveLaw (Mad) 298 NOMINAL INDEX Thejo Engineering Limited Versus The Deputy Director of Income Tax, 2024 LiveLaw (Mad) 291 Vipul Kumar Tulsian and anr vs M/s.Sundaram Finance Ltd, 2024 LiveLaw (Mad) 292 Larsen & Toubro Limited vs M/s.Texmo Pipes and Products Limited, 2024 LiveLaw (Mad) 293 The Secretary, Tamilnadu...

Madras High Court Strikes Down Section 77A Of Registration (Tamil Nadu Second Amendment) Act As Unconstitutional

The Madras has held that the 2022 Amendment which introduced Section 77A to the Registration Act with respect to Tamil Nadu and gave powers to the District Registrar to cancel an instrument if it was found to be fraudulent or bogus was unconstitutional. The bench of Justice SS Sundar and Justice N Senthilkumar held that through the amendment, the registering authority was given...

Detention Order Can't Be Issued If Driver In Possession Of Valid E-Way Bill In Physical/Electronic Form: Madras High Court

The Madurai Bench of Madras High Court while quashing the detention order held that if an invoice, bill of supply, delivery challan, or bill of entry and a valid e-way bill in physical or electronic form for verification are available, then action may not be initiated. The bench of Justice S.Srimathy has observed that the respondent department issued the notice, carried out the inspection on...

1997 Melavalavu Massacre | Madras High Court Asks State To Revoke Remission Of Accused After He Was Accused Of Attacking Man

The Madras High Court has asked the state authorities to revoke the remission order and restore the conviction and sentence imposed on Sekar, one of the accused in the 1997 Melavalavu Massacre after he was accused of attacking a man. The bench of Justice AD Jagadish Chandira and Justice K Rajasekar noted that though as per Clause 4 and 5 of the Bond Form No. 130 under Rule 341(8) of...

Madras High Court Quashes Proceedings Against Former DGP For Allegedly Forwarding Offensive WhatsApp Message About MK Stalin

The Madras High Court has quashed the criminal proceedings initiated against R Natraj, former DGP and ex-MLA for allegedly forwarding an offensive message about CM MK Stalin in a WhatsApp Group. Justice G Jayachandran was inclined to quash the proceedings after Natraj expressed regret for his conduct and informed the court that he was willing to circulate the affidavit filed...

Madras High Court Grants Bail To Youtuber Felix Jerald In Savukku Shankar Case, Asks Him To Close His YouTube Channel

The Madras High Court has granted bail to Youtuber Felix Jerald in a case pending before the Judicial Magistrate, Coimbatore. The court however asked Jerald to close his YouTube channel “RedPix 24x7” in which the interview with Savukku Shankar was aired. Justice TV Thamilselvi passed the orders on a petition filed by Jerald. Previously, when Jerald had moved a bail petition...

RTE Act Extends To Education From Kindergarten To 8th Standard Irrespective Of Child's Age, LKG & UKG Classes Covered Under Scheme: Madras HC

The Madras High Court recently observed that the LKG and UKG classes would be covered under the Right to Education scheme as the state is regularly reimbursing the expenses incurred by these classes in the schools. “The State has suo motu, and appropriately, treated children who are below 6 years as well, as being entitled to the benefit of the Act. This, in fact, finds support...