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Category: High Court of Madras Judgment or Order or Notification

S.G.M.Shaa @ Sheik Mohammed Vs Principal Chief Conservator of Forests on 10 Sep 2020

Posted on January 2, 2021 by ShadesOfKnife

This is the happy tale of the elephant ‘Lalitha’ adjudged by the Madras High Court.

From Paras 12 and 13

12.Lalitha has been accustomed to a certain lifestyle all these years. She changed hands from 1988 to 2000. But she has been in the custody of the petitioner for the last twenty years. She has been attending religious functions. She is being fed well. She is in good health. In fact, the veterinarians appointed by the department have certified that she is being maintained properly by the petitioner. Removing her from the petitioner’s custody is sure to inflict a deep psychological wound on her. It is certainly not in her best interests. Applying the yardstick of what is good for Lalitha, I have to hold that the present arrangement should continue. Lalitha should continue to be with the petitioner and participate in the religious functions hosted in
the region.
13.Lalitha’s usual place of stay is a coconut groove spread over one and half acres. There is a R.O Plant. It is owned by Thiru.Pothiraj. He appeared before me and gave in writing that the land will not be sold or encumbered during the lifetime of Lalitha. She also gets copious amounts of water to drink and to bathe. The ambience is highly conducive.

S.G.M.Shaa @ Sheik Mohammed Vs Principal Chief Conservator of Forests on 10 Sep 2020
Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Animal's Rights S.G.M.Shaa @ Sheik Mohammed Vs Principal Chief Conservator of Forests | Leave a comment

AP Suryakrasam Vs State of Tamil Nadu and Ors

Posted on November 9, 2020 by ShadesOfKnife

High Court of Madras observed that, punishment for corrupt practices should be increased to include death sentence also. Wonderful step!

From Para 11,

11. Though the learned Advocate General has referred to about the prevailing Act, namely, the Prevention of Corruption Act and its procedures, the menace of corruption has not come down. Prevention of Corruption Act is a Central Act, enacted by the Central Government as early as in the year 1947, followed by several amendments, with the latest amendment in the year 2018, giving elaborate procedures to be followed along with punishment and penalties. People are compelled to accept corruption as normal one. Corruption has become deep rooted and has spread like Cancer. Every day, it is reported in the media that many officials are caught red handed, while taking bribes. Hence, the punishment needs to be enhanced. Therefore, this Court is of the view that there should be a re-visit and the Act should be strengthened and stringent penalties should be imposed to curb the menace of corruption. The Central Government may consider imposing punishment, such as, “hanging” or “death penalty”, for corrupt practices or for demanding and accepting bribes, like in China, North Korea, Indonesia, Thailand and Morocco. Hence, this Court suo-motu impleads,
i) the Secretary to Government, Ministry of Home Affairs, Union of India, North Block, New Delhi;
ii) the Secretary to Government, Ministry of Law and Justice, Union of India, Shastri Bhawan, New Delhi; and
iii) the Secretary to Government, Ministry of Parliamentary Affairs, Union of India, Parliament House, New Delhi
as party respondents / respondents 5 to 7 to this proceedings.

AP Suryakrasam Vs State of Tamil Nadu and Ors on 02 Nov 2020

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged AP Suryakrasam Vs State of Tamil Nadu and Ors Corrupt Practices Work-In-Progress Article | Leave a comment

S.Sridhar Vs State of Tamil Nadu on 04 Nov 2020

Posted on November 6, 2020 by ShadesOfKnife

Fisheries Department grabbed the land of Temple and run profit-making business. Temple Management committee fought back and won their lands back. At the end, Madras High Court passed these directions, to be complied within 6 months.

Therefore, this Court, in the interests of the subject temples, deems it fit and appropriate to issue the following directions:
(i)The Commissioner, HR&CE Dept., Chennai, shall initiate appropriate action to retrieve the subject lands, remove all the encroachments, if any, and maintain the same with utmost care and for beneficial interests of the subject temples.
(ii)It is made clear that the lands belonging to the subject temples shall not be alienated or leased or encumbered illegally and against the interests of such temples.
(iii)The HR&CE Dept. shall have the administration and entire control over the subject lands and shall deal with the same in accordance with law.
(iv)The HR&CE Dept. shall take steps to start construction by putting compound wall to secure and safety of the subject lands. Except temple related purposes, the lands shall not be used for any other purposes.
(v)Except the HR&CE Dept., no other private individuals / trustees shall claim any right over the lands possessed and enjoyed by the subject temples.
(vi)The Officer in-charge shall not permit any unauthorised shop / construction inside the temples’ premises.
(vii)The Officer in-charge shall ensure the unrestricted freedom of worship by the devotees to the subject temples.
(viii)The Officer authorised by the Commissioner, HR&CE Dept., shall maintain proper register with respect to the financial aspects of the subject temples and its properties and file the same before the authority concerned in regular intervals. If he/she fails to discharge his/her duties assigned, he/she is personally liable for such lapses and appropriate departmental action be taken against him/her.
(ix)The Commissioner, HR&CE Dept., shall order appropriate enquiry forthwith related to the missing documents and files connected to the respective temples and its properties and initiate action against erring officials responsible for the same.
(x)The Government shall provide necessary assistance to the HR&CE Dept., for proper maintenance and protection of the subject temples and its properties.

S.Sridhar Vs State of Tamil Nadu on 04 Nov 2020
Posted in High Court of Madras Judgment or Order or Notification | Tagged S.Sridhar Vs State of Tamil Nadu | Leave a comment

Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited on 25 September 2015

Posted on August 6, 2020 by ShadesOfKnife

This is a good judgment from Madras High Court which held that, a Magistrate can dispense with appearance of accused in a criminal case on first appearance itself, if accused is represented by an Advocate and supported by reasonable excuse.

Beautiful articulation of fact situation on the ground

From Para 15,

15. However, this Court is much concerned if the counsel who is permitted to represent the petitioners/accused is absent on the ground of boycott. In such circumstances, the Court below is at liberty to proceed in accordance with law. Persons belonging to the legal profession are concededly the elite of the society. They have always been in the vanguard of progress and development of not only law but the polity as a whole. Citizenry looks at them with hope and expectations for traversing on the new paths and virgin fields to be marched on by the society. The profession by and large, till date has undoubtedly performed its duties and obligations and has never hesitated to shoulder its responsibilities in larger interests of mankind. The lawyers, who have been acknowledged as being sober, task-oriented, professionally-responsible stratum of the population, are further obliged to utilise their skills for socio-political modernisation of the country. The lawyers are a force for the preservance and strengthening of constitutional government as they are guardians of the modern legal system. But now-a-days, unfortunately, strikes, boycott calls and even unruly are becoming a frequent spectacles and boycotting the Courts by Advocates has come a regular feature in this state and almost throughout a year, one section or the other of the members of the Bar abstain from Courts and thereby making this Chartered High Court into shattered position. No Advocate has a right to abstain from Court without first returning the briefs to his clients and refunding the fees received from them. It is well known that several clients are paying through their nose by borrowing heavily to their advocates and it is a matter of life and death for them. Advocates who are boycotting the Courts for one cause of so, should not ignore the fact that there have been several causes before the Courts pending for disposal and their act of boycotting would lead to a travesty of justice and destroy the basic democracy, which would tantamount to failure of administration of justice. Failure of a lawyer to attend to his case in Court would not only be breach of contract and breach of trust, but also professional misconduct.

In such circumstances, this Court feels it appropriate to make the following:
i) No advocate has right to stall the court proceedings on the ground that advocates have decided to strike or to boycott the courts or even boycott any particular court. With the strike by the lawyers, the process of court intended to secure justice is obstructed which is unwarranted under the provisions of the Advocates Act.
ii) It is always open to the litigants to claim damages and also to move the Consumer forum for appropriate compensation and for damages that had caused to them by theirs Advocates by not representing the matters in Courts;
ii) No Advocate shall be permitted to represent the matter without robes (dress-code) on boycott day;
iii) The Courts below shall record the non-apperance of the Advocates due to boycott in the listed case proceedings and proceed with the matters on merits;
iv) After recording such non-apperance of the Advocates, the Courts below shall report the same to the Bar Council of India for appropriate action and it would facilitate the litigants to pursue the matter with the Bar Council of India.
The Registry is directed to issue a copy of this order to all the subordinate Courts dealing with civil and criminal matters.

Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited on 25 September 2015

Other Source links: https://indiankanoon.org/doc/117608503/

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited Catena of Landmark Judgments Referred/Cited to CrPC 205 – Magistrate may dispense with personal attendance of accused MS. Bhaskar Industries Ltd Vs MS. Bhiwani Denim & Apparels Ltd and Ors | Leave a comment

Tiruvengada Mudali Vs Tripurasundari Ammal on 15 February 1926

Posted on January 17, 2020 by ShadesOfKnife

In this landmark judgment by old Madras High Court, it was held that the accusations made in a complaint to Magistrate do NOT have absolute privilege and only have qualified privilege as provided under section 499 of IPC. Such accusations are liable for defamation if NOT protected by exception 8.

Indian Law Review version (Original):

Tiruvengada Mudali Vs Tripurasundari Ammal on 15 February 1926 ILR

Indiankanoon Version:

Tiruvengada Mudali Vs Tripurasundari Ammal on 15 February 1926

Citations: [49 Mad. 728], [A. I. R. (18) 1926 Mad. 906], [1926 (27) Cri LJ 1026], [AIR 1926 Mad 906], [(1926) 51 MLJ 112],

Indiankanoon.org or ILR link: https://indiankanoon.org/doc/1159106/ or http://14.139.60.114:8080/jspui/handle/123456789/21403


The Index for Defamation Judgments is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Landmark Case Legal Procedure Explained - Interpretation of Statutes No Absolute Privilege Tiruvengada Mudali Vs Tripurasundari Ammal

Thangavelu Chettiar Vs Ponnammal on 1 November 1965

Posted on January 14, 2020 by ShadesOfKnife

Madras High Court held that,

It is clear from what I have stated that the decision is hardly applicable to the facts of the present case. The decision refers to a publication in a paper and it should be proved that the accused was responsible for the publication. But in this case, the defamatory matter contained in the plaint was  admittedly signed and filed by the petitioner. There can be no doubt that there was publication of the defamatory matter.

Thangavelu Chettiar Vs Ponnammal on 1 November, 1965

Citations: [AIR 1966 Mad 363], [1966 CriLJ 1149], [1966 MLJ 1 547], [1965 SCC ONLINE MAD 248], [1966 MAD LJ 1 547],

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/1735036/


The Index for Defamation Judgments is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Landmark Case Legal Procedure Explained - Interpretation of Statutes Not Authentic copy hence to be replaced Thangavelu Chettiar Vs Ponnammal

Santineer Vincent Rajkumar Vs R.Rejitha on 3 August, 2017

Posted on December 17, 2019 by ShadesOfKnife

No Shared household, DVC is not maintainable.

Santineer Vincent Rajkumar Vs R.Rejitha on 3 August, 2017

Citation: [2017 (2) LW (Crl.) 399]

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/9488656/


The index page is here.

Posted in High Court of Madras Judgment or Order or Notification | Tagged No Shared Household Santineer Vincent Rajkumar Vs R.Rejitha

G.Ramesh Babu vs Radhika on 19 December, 2018

Posted on April 21, 2019 by ShadesOfKnife

Another judgment from Madras High Court, wherein a false DV case on parents was quashed due to generic and non-specific allegation.

G.Ramesh Babu Vs Radhika on 19 December, 2018

Indiankanoon.org link: https://indiankanoon.org/doc/11203719/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Madras Judgment or Order or Notification | Tagged G.Ramesh Babu vs Radhika PWDV Act - DV Case Quashed | Leave a comment

Karthick Vs The Commissioner of Police on 8 July, 2013

Posted on March 31, 2019 by ShadesOfKnife

The cunning knife produced a forged passport and husband exposed her with a RTI response from Passport Authority. And the clever police denied to file a FIR for the forgery complaint!!

Hon’ble Madras High Court ordered the police to file FIR and investigate the case in accordance with law. Awesome !!!

Karthick Vs The Commissioner of Police on 8 July, 2013

Citations:

Other Source links: https://indiankanoon.org/doc/163886641/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Madras Judgment or Order or Notification | Tagged Karthick Vs The Commissioner of Police Perjury - Approached Court with Unclean Hands Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Perjury Under Section 340 CrPC | Leave a comment

M.G.M.Joseph Anand Vs Suvitha Suganthi on 28 August, 2018

Posted on January 21, 2019 by ShadesOfKnife

Lying knife had the audacity to file criminal and DV cases, after the husband obtained ex parte divorce decree. Both are quashed as improbable to believe cases. Despite this, husband offered to pay 2 Crore rupees to lying knife.

As always, cases are quashed but no malicious prosecution proceedings were initiated by Hon’ble High Court of Madras.

M.G.M.Joseph Anand Vs Suvitha Suganthi on 28 August, 2018

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations CrPC 482 – Quashed Due to Out-Of-Court Settlement Delay or Unexplained Delay In Filing Complaint IPC 406 - Not Made Out M.G.M.Joseph Anand Vs Suvitha Suganthi Mala Fide Untenable Maliciously Instituted Case Solely Intended to Harass | Leave a comment

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