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...

Madras High Court Allows Student To Continue In MBBS Course After Wrongly Choosing BDS Course During Counselling

The Madras High Court recently came to the rescue of a student, who despite having been allotted the MBBS course in the first round of counselling, had wrongly chosen the BDS course. The bench of Justice R Subramaniam and Justice Sunder Mohan observed that it could not agree with the State's hyper-technical contention and give capital punishment for a genuine mistake committed...

Provisions Of Maternity Benefits Act Prevail Over Contractual Conditions, Would Apply To Contractual Employees: Madras High Court

The Madras High Court recently reiterated that the provisions of the Maternity Benefits Act would prevail over any contractual conditions set up by the employer to deny maternity benefits to a woman. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy observed that the benefits of the Maternity Benefits Act would be applicable to contractual employees and...

Order Granting Leave Under Section 92 CPC Is Judicial Order And Amenable To Revisional Jurisdiction: Madras High Court

The Madras High Court has recently observed that an order granting leave under Section 92 of the Civil Procedure Code is a judicial order and not an administrative order. The court added that being a judicial order, it was also amenable to revisional jurisdiction of courts. The court thus took a different stand than what had been previously taken by the Madras High Court. “I...

Award Can Be Set Aside On Grounds Of Patent Illegality If Decision Of Arbitrator Is Perverse Or Irrational: Madras High Court

The Madras High Court Bench of Justice C.Saravanan held that patent illegality as a ground for setting aside an Award is available only if the decision of the Arbitrator is found to be perverse or so irrational that no reasonable person would have arrived at the same or the construction of the contract is such that no fair or reasonable person would take or that the view of the Arbitrator...

Madras High Court Dismisses Plea Seeking Probe Into Data Breach At Star Health Insurance

The Madras High Court on Wednesday dismissed a plea filed by Cyber Security expert Himanshu Pathak seeking a probe into the alleged security breach at Star Health Insurance. Pathak had also filed an interim petition seeking to stay the online business of the company in light of the recent data leak. Justice M Dhandapani dismissed the plea noting that a civil suit filed by the...