Madras High Court
Madras High Court Directs State To Ensure That Persons Holding Diploma In Siddha Medicine Do Not Practice It
The Madras High Court recently directed the State Government and the Director General of Police to ensure that those having a diploma certificate in Siddha Medicine are not practicing Siddha Medicine. The court added that such a situation would create havoc in the society which was already dealing with several cases of quacks. “If any of these students are practicing Siddha with these Certificates, it would definitely play havoc on the society. Already we are witnessing several cases...
PMLA | Enforcement Directorate Is Well Within Rights To Challenge Closure Report In Predicate Offence: Madras High Court
The Madras High Court recently held that once a complaint under the Prevention of Money Laundering Act was registered, the Enforcement Directorate was within its right to challenge the closure report filed in the Predicate Offence if the same resulted in miscarriage of justice.“During the pendency of complaint under PMLA, if the predicate offence is closed, in the present case, it resulted in miscarriage of justice, the Enforcement Directorate is well within its rights to place the facts before...
Court Not An Expert In History Of Origin Of Race: Madras High Court Asks State To Review Aryan-Dravidian Theory Taught In Schools
The Madras High Court recently refrained from passing any orders on a plea questioning the Aryan-Dravidian race theory taught in educational institutions. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy remarked that the court was not an expert in the history of origin of race and thus could not grant the relief as requested for. The court thus observed that it was for the experts to determine whether the claims made by the petitioner on the two race theory...
When Muslim Wife Disputes Issuance Of Talaq, It Is Upon Husband To Obtain Judicial Declaration For Dissolution Of Marriage: Madras High Court
The Madras High Court recently held that when a wife disputes the issuance of talaq by the Muslim husband, it is upon the husband to obtain a judicial declaration that marriage was validly dissolved. Justice GR Swaminathan noted that Talaq under Muslim personal laws involved a certain procedure which had to be strictly complied. The court thus observed that if the husband claimed to...
Madras High Court Weekly Round-Up: October 21 - October 27, 2024
Citations: 2024 LiveLaw (Mad) 390 To 2024 LiveLaw (Mad) 406 NOMINAL INDEX A Shankar and Another v RS Bharathi, 2024 LiveLaw (Mad) 390 Veera Bharathi v The State of Tamil Nadu and Others, 2024 LiveLaw (Mad) 391 G.Shrilakshmi v Anirudh Ramkumar, 2024 LiveLaw (Mad) 392 P. Ananda Kumar v The Director General of Police (Prison) and Others, 2024 LiveLaw (Mad) 393 S Porkodi v...
Provisions Of IPC Would Apply To Offences Committed Before 1st July, Though Registered After Commencement Of BNS: Madras High Court
While quashing a defamation complaint filed against Tamil Nadu speaker M Appavu, the Madras High Court observed that the complaint registered after 1st July 2024, under the provisions of IPC, for an offence committed before 1st July was maintainable. Justice G Jayachandran observed that if the saving clause under Section 531 of BNSS is restricted only to matters pending on or before...
Madras High Court Quashes Defamation Complaint Against Tamil Nadu Speaker M Appavu By AIADMK's Babu Murugavel
The Madras High Court on Friday quashed a criminal defamation complaint filed by AIADMK's Babu Murugavel against Tamil Nadu Speaker M Appavu and which was taken on file by the Special Court for Trial of Cases relating to Member of Parliament and Members of Legislative Assembly of Tamil Nadu. Justice G Jayachandran noted that the complaint had been filed by Murugavel in his...
Cheque Bounce Complaint Maintainable Despite Freezing Of Account By ED/ IT Dept If Complainant Establishes 'Insufficiency Of Funds': Madras HC
The Madras High Court recently observed that even if an account is blocked or frozen by the Enforcement Department or the Income Tax Department, a complaint under Section 138 of the Negotiable Instruments Act would be maintainable if the complainant is able to prove that dehors the freezing, the account did not have sufficient balance to honour the debt. Justice G Jayachandran...
Madras High Court Seeks State's Response On Plea Against Appointment Of Male Superintendent In Female Prisons
The Madras High Court has sought a response from the State Government in a petition questioning the appointment of Male Superintendents in female prisons. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy issued notice on a petition filed by Advocate and Director of Prisoners Rights Forum, P Pugalenthi. Pugalenthi had argued that since special prisons for...
Star Health Data Breach: Telegram Agrees To Take Down Accounts Flagged By Star Posting User Information, Says Can't Do Patrolling
Telegram, on Friday informed the Madras High Court that it was ready to remove and block any account that was flagged by Star Health Insurance and was found sharing the details of policyholders in light of the recent Star Health data breach. The submissions were made before Justice K Kumaresh Babu who was hearing an application filed by Star Health to injunct Telegram from sharing...
NHAI Empowered To Lay And Maintain Roads, Cannot Be Mulcted With Liability Under Motor Vehicles Act: Madras High Court
The Madras High Court recently held that the National Highways Authority of India which was empowered with the responsibility of laying down and maintaining roads but it could not be mulcted with any liability under the Motor Vehicle Act. Justice R Vijayakumar observed that the MV Act empowered the Motor Accident Claims Tribunal to only pass an award against the insurer or owner or...
Disciplinary Proceedings Need Only 'Preponderance of Probability', Not 'Beyond Reasonable Doubt': Madras HC
Madras High Court: A Division Bench of Justice M.S. Ramesh and Justice C. Kumarappan upheld the dismissal of two Greaves Cotton Limited workers accused of engine sabotage. The court reaffirmed that disciplinary proceedings need only meet the “preponderance of probability” standard rather than criminal law's “beyond reasonable doubt” threshold. The court found the...