Madras High Court Weekly Round-Up: May 20 - May 26, 2024

Citations: 2024 LiveLaw (Mad) 205 To 2024 LiveLaw (Mad) 212 NOMINAL INDEX Anju v Home Secretary and Others, 2024 LiveLaw (Mad) 205 The Branch Manager v Mrs Ramzan Begam, 2024 LiveLaw (Mad) 206 ABC v XYZ, 2024 LiveLaw (Mad) 207 KK Ramesh v Union of Indians and Others, 2024 LiveLaw (Mad) 208 G.Theeran Thirumurugan @ Thirumurugan v State of Tamil Nadu, 2024 LiveLaw (Mad) 209 Riyana Begum v Union of India, 2024 LiveLaw (Mad) 210 A Kamala v The State and Others, 2024 LiveLaw (Mad) 211 Infosys Limited v The Superintending Engineer, TANGEDCO, 2024 LiveLaw (Mad) 212 REPORT Madras High Court Orders Exhumation And Re-Postmortem Of Body After Family Alleges Death Was Due To Custodial Violence Case Title: Anju v Home Secretary and Others Citation: 2024 LiveLaw (Mad) 205 The Madras High Court recently ordered the Villupuram District Collector to exhume the dead body of a man after his family approached the court alleging that the man had died as a result of custodial torture. Justice R Sakthivel noted that the actions of the police personnel created a serious suspicion around the death of the man and thus the family's suspicion couldn't be brushed aside. Thus, finding that an enquiry would be necessary to unearth the truth and noting that the same should not cause any prejudice to the authorities, the court directed the exhumation of the body and ordered re-postmortem. Any Certificate Duly Attested By Consular Of India Can Be Accepted As Evidence Without Examining Person Associated As Witness: Madras High Court Case Title: The Branch Manager v Mrs Ramzan Begam Citation: 2024 LiveLaw (Mad) 206 The Madras High Court has recently observed that any certificate including salary certificates, appointment letters, etc of a person in foreign employment that has been duly attested by the Consular of India can be accepted as evidence without examining any person associated with the documents. Justice RMT Teekaa Raman and Justice PB Balaji noted that as per Section 3(2) Diplomatic and Consular (Oaths and Fees) Act, 1948 any document affixed, impressed, or subscribed with the seal and signature of the Consular shall be admitted in evidence without proof of seal or signature. Delay In Disposal Of Matrimonial Cases: Madras High Court Suggests Fixing Period Of Limitation For Filing Counter Relief Case Title: ABC v XYZ Citation: 2024 LiveLaw (Mad) 207 The Madras High Court has suggested prescribing a period of limitation for filing counter reliefs of divorce or restitution of conjugal rights in matrimonial disputes. Justice RMT Teekaa Raman and Justice PB Balaji noted that in the last few years, it had become a trend for parties to file applications seeking counter-relief for divorce petitions or counter-relief of restitution of conjugal rights towards the fag end of the trial thereby delaying the disposal of the case. The court thus suggested a period of limitation of 9 months to 1 year for filing applications for counter relief. The court thus directed the registry to place the recommendations before the Administrative Side of the High Court for amending the rules under Section 123 of the CPC which empowers the High Court Rule Committee to make rules regarding the limitations governing the field under the Family Court Act. State Needs To Review Management Of Transport Corporations To Control Air Pollution From State-Owned Buses: Madras High Court Case Title: KK Ramesh v Union of Indians and Others Citation: 2024 LiveLaw (Mad) 208 The Madras High Court has recently observed that a complete review had to be taken by the management of Transport Corporations in a phased manner to control air pollution in Madurai city. Justice R Suresh Kumar and Justice G Arul Murugan suggested that the existing old vehicles could be replaced by new eco-friendly vehicles depending upon the financial status of the corporations. The court was hearing petitions to set up flying squads at the Taluk Level, District level, and state level in Tamil Nadu and to impose a heavy fine on vehicles emitting huge black and white Carbon Monoxide from the nozzle. Another plea also sought to ensure proper maintenance of the engine of Government buses in Madurai to prevent excess usage of fuel and emission of unwanted gases and particular matters from the exhaust. Madras High Court Directs State, DGP To Constitute High-Level Secret Committee To Monitor Police Officials Allegedly Hand-In-Glove With Drug Offenders Case Title: G.Theeran Thirumurugan @ Thirumurugan v State of Tamil Nadu Citation: 2024 LiveLaw (Mad) 209 The Madras High Court has directed the Chief Secretary to Government, Secretary to Government, Home Department, State of Tamil Nadu, and the Director General of Police to constitute a High-Level Secret Committee consisting of officers with integrity to monitor police officials who were...

Madras High Court Weekly Round-Up: May 20 - May 26, 2024

Upasana Sajeev

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