S. 63 (4) BSA | MEITY Must Notify Electronic Evidence Experts In Each District Of TN Within 3 Months: Madras High Court

In a recent decision, the Madras High Court has noted that the Central Government has notified only a handful of entities as experts under Section 79A of the Information Technology Act whose certificates were necessary under Section 63 (4) of the Bharatiya Sakshya Adhiniyam for admitting electronic evidence. Noting that no experts are notified in Tamil Nadu, Justice GR Swaminathan...

Fundamental Right Of Privacy Includes Spousal Privacy, Law Cannot Permit Snooping By Spouses: Madras High Court

The Madras High Court has observed that the fundamental right of privacy includes spousal privacy. The court noted that the law could not permit or encourage snooping by one spouse on another. The court thus observed that the evidence that was obtained by invading the privacy of the partner was inadmissible in the court. “Law cannot proceed on the premise that marital misconduct is...

Gross Impropriety And Abuse of Judicial Power: Madras HC Sets Aside Discharge Of Former CM Panneerselvam In DA Case

The Madras High Court has set aside the discharge of former Tamil Nadu Chief Minister O Panneerselavm in a disproportionate assets case in 2012. While setting aside the order of Chief Judicial Magistrate, Sivagangai permitting the prosecution to withdraw the case, Justice Anand Venkatesh noted that the order of special judge smacked of gross impropriety and abuse of judicial...

Prisoners Are Not Slaves, Cannot Be Tortured In Inhuman Ways To Punish Them For Their Crimes: Madras High Court

The Madras High Court recently observed that the prisoners were not slaves and could not be treated in inhuman ways to punish them for their crimes. The court added that torturing inmates would only propagate crimes and not mitigate them. The bench of Justice SM Subramaniam and Justice V Sivagnanam made the observations in a plea by a prisoner's mother alleging that he was being...

Secret Ballot Mandatory For Union Recognition In Railway Production Units; Madras HC Sets Precedent

Madras High Court: A Division Bench of Justice M.S. Ramesh and Justice C. Kumarappan directed the Integral Coach Factory (ICF) to implement a Secret Ballot System for trade union recognition, replacing the existing Staff Council model. The Court found that the current system, which splits representation equally between management-nominated officials and...

Do Constitutional Authorities Have A Dress Code? Madras High Court Asks State To Respond To Plea Against Deputy CM Udayanidhi Stalin

The Madras High Court has issued notice to the State Government on a plea seeking a direction to Tamil Nadu Deputy Chief Minister Udayanidhi Stalin to adhere to the dress code for government servants in the state.When the matter was taken up on Tuesday, the bench of Justice D Krishnakumar and Justice PB Balaji asked the AG to find out if there were any dress code prescribed for...

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...

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...

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...

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...