Madras High Court Weekly Round-Up: October 28 to November 3, 2024

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw (Mad) 407 To 2024 LiveLaw (Mad) 415 NOMINAL INDEX ABC v. XYZ, 2024 LiveLaw (Mad) 407 Mahalingam Balaji v. The Secretary and Others, 2024 LiveLaw (Mad) 408 The Assistant Director v The State and Others, 2024 LiveLaw (Mad) 409 K Jayakumar v The State of Tamil Nadu and Others, 2024...

“Extreme Emergency Looms”: Madras High Court Issues Directions For Curbing Tobacco Use Among Children

The Madras High Court has issued a slew of directions to the Central Government, State Government and prosecuting agencies in an effort to curb the use of tobacco products among school kids. Justice Bharatha Chakravarthy observed that there was an emergency considering the sudden surge of children using tobacco products and more specifically “Cool Lip” which in turn corrupted the body, mind, and soul of the children. “Extreme emergency looms. There is a sudden spurt of children using...

Madras High Court Monthly Digest - October 2024

Citations: 2024 LiveLaw (Mad) 371 To 2024 LiveLaw (Mad) 414 NOMINAL INDEX K Sethuraj v State of Tamil Nadu (and other connected cases), 2024 LiveLaw (Mad) 371 Suo Motu v The Deputy Commissioner of Police, 2024 LiveLaw (Mad) 372 M/s.Sterling Futures and Holidays Ltd. v Directorate of Enforcement, 2024 LiveLaw (Mad) 373 AR Dairy Food Private Limited v The Central...

Courts Can't Direct Promotions Outside Established Rules And Seniority Framework: Madras HC

Madras High Court: The Court held that a Water Pump Operator's promotion to Sanitary Supervisor and subsequent reversion must be evaluated within the framework of the Tamil Nadu Town Panchayat Establishment Rules. Since the position of Water Pump Operator (that the petitioner undertakes) is not among the designated feeder posts (Public Health Workers, Sanitary Workers, or Scavengers)...

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...