Madras High Court
“Not A Shortcut”: Madras High Court Cautions Against Routine Use Of Detention Orders
The Madras High Court recently observed that the detention law cannot be used as a substitute for regular criminal law procedure. The bench of Justice Anand Venkatesh and Justice P Dhanabal added that the authorities can not resort to passing detention orders in every case of murder. The court added that instructions should be given to the Government to ensure that detention orders are not passed in a mechanical manner in all cases involving a solitary incident, which could be...
'Caste Has No Real Existence Except In People's Minds': Madras High Court Declines Permission For Statue Over Caste Concerns
The Madras High Court recently lamented that instead of focusing on real and tangible things in life, people are focusing on non-existent things like caste, which do not have any existence than in the minds of people. Justice Bharatha Chakravarthy made the observations while noting that the state authorities in Ramanathapuram District had denied permission for installing a statue...
Madras High Court Issues Directions For Removal Of Invasive Plant Species 'Seemai Karuvelam', Appoints Two Retired Judges To Oversee
The Madras High Court has issued extensive directions for the removal of Seemai Karuvelam (Prosopis Juliflora) in the State including setting up of a special committee consisting of two retired judges of the Madras High Court (Justice A Selvam in the South and Justice V Bharathidasan in the North) to supervise the action taken by the District Collectors. The specially constituted bench...
“I've Been Taken For A Ride”: Madras HC Judge On State Seeking Stay Of Thiruparankundram Contempt Proceedings After Taking Adjournment
The Madras High Court has criticised the State government for seeking a stay of the contempt proceedings initiated against its officials in connection with the Thiruparankundram Karthigai Deepam lightning case. Justice GR Swaminathan noted that the State had previously sought an adjournment in the contempt plea, stating that it would deliberate on the Court's suggestion to name 5...
Madras High Court Dismisses Plea To Ban Pre-Poll Alliance Between Political Parties
The Madras High Court has dismissed a plea seeking directions to the Election Commission of India to ban pre-poll alliances between political parties. The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan remarked that a direction could not be issued to the ECI to restrict parties from forming pre-poll alliances. The bench also noted that its Madurai bench had...
Plea In Madras High Court To Restore FIR Against TVK's Aadhav Arjuna Over Social Media Post Allegedly Inciting Violence
An application has been filed in the Madras High Court seeking to recall an order quashing a FIR lodged against Tamilaga Vettri Kazhagam's (TVK) Aadhav Arjuna for his social media posts, allegedly inciting violence. The application has been filed by Shanmugam, who had originally filed the complaint based on which the FIR was registered. When the case came up before Justice AD...
Madras High Court Closes Plea Challenging Provisions Of Centre's New Law Replacing MGNREGA
The Madras High Court on Wednesday (18th March) closed a public interest litigation challenging the provisions of the Centre's new law replacing the MGREGA, the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (Gramin) Act [VB-G-RAM G]. The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan closed the case after the petitioner informed the bench that he...
If Wife Elopes With Another Man, Habeas Corpus Petition No Remedy : Madras High Court
The Madras High Court recently observed that no remedy under a habeas corpus petition would lie for the disappearance of a wife, who actually eloped with another man. The bench of Justice N Anand Venkatesh and Justice P Dhanabal was hearing a habeas corpus petition filed by a man seeking to produce the body of his wife and two kids, aged 3.5 years and 2 years, who were missing since...
Madras High Court Stays Contempt Proceedings Over Thiruparankundram Deepam Row
The Madras High Court on Tuesday (17th March), stayed the contempt proceedings pending before a single judge of the Madurai bench over non-compliance of its order directing the lighting of Karthigai Deepam at the Deepathoon (stone pillar) atop the Thiruparankundram Hills.The bench of Justice N Sathish Kumar and Justice M Jothiraman has issued the interim stay on an appeal filed by the...
Residence In Forest Area And Doing Cultivation For Livelihood Necessary To Be Declared As Forest Dwellers: Madras High Court
The Madras High Court has held that continued residence in the forest area and reliance on the forest, by doing cultivation for livelihood, are essential for being declared as a forest dweller under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The bench of Justice SM Subramaniam and Justice K Surender noted that the object of the...
Mere Possession Of Combustible Material Without Ignition Not 'Mischief': Madras High Court Quashes Case U/S 435 IPC
The Madras High Court recently quashed a criminal case against a group of men for allegedly attempting to damage public property using combustible material near the Central Bus Stand, Udhagamandalam. Justice AD Jagadish Chandira noted that when there was nothing to show that the men had lit the combustible material, it could not be said that mischief had been committed. “To...
Husband Being A 'Drunkard' Can't Lead To Presumption That He Killed Wife Over Strained Relationship: Madras High Court Sets Aside Conviction
The Madras High Court recently set aside the conviction of a man for allegedly murdering his wife over their strained relationship. The bench of Justice Anand Venkatesh and Justice P Dhanabal held that merely because the couple had a strained relationship and the husband was a drunkard, it could not lead to a presumption that he killed the wife, in the absence of any evidence to prove...