HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on OCI; Ashneer Grover’s wife; Termination of Pregnancy; Maharashtra Elections; and more
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court
‘Hugging or kissing between teenagers in love is natural’, Madras HC quashes case against 21-year-old boy accused of sexual harassment
Madras High Court clarified that to constitute an offence under Section 354-A(1)(i) of IPC, the accused must make unwelcome physical contact and advances, specifically involving explicit sexual overtures.
Madras High Court directs TN Housing Board to exempt engineer with speech and hearing disability from giving language test
“The case in hand depicts the sorry state of affairs that prevails in society while dealing with differently abled persons. The fact that the petitioner who has 100% hearing and speech impairment from young age was able to complete the School Education and the Engineering course, shows the amount of grit and determination on his part to remain in the mainstream of the society.”
Prisoners are not slaves and must not endure inhumane treatment; Madras HC directs State to prevent unlawful employment for household tasks by prison officials
“It is the duty of the ‘State’ and the prison officials to treat all prisoners equally and make sure that steps for reformation are taken rather than imposing more and more punishments on them, thereby, promoting them to commit further crimes.”
Fundamental right to privacy includes spousal privacy; Evidence obtained through violation is inadmissible: Madras High Court
“Trust forms the bedrock of matrimonial relationships. The spouses must have implicit and total faith and confidence in each other. Snooping on the other destroys the fabric of marital life. One cannot pry on the other.”
Husband’s second marriage causes emotional distress, amounting to cruelty; Madras High Court upholds compensation to Muslim wife
Madras High Court emphasised that the process of talaq requires strict adherence to established procedures. If the husband asserts that he has divorced his first wife by properly pronouncing talaq three times, but the wife disputes this, it raises the critical question of whether the marriage has been validly dissolved.
Madras High Court directs State to bar practice of Siddha Medicine by Tamil University Diploma holders
“It appears that 576 students have received the Diploma Course certificates from the Tamil University, during the Academic Year 2007-08. Though the certificates are said to have been issued with an endorsement ‘not for practice’ and an undertaking was also obtained by the University, in reality, it is not known as to how far it is being followed by the respective certificate holders.”
Seizing phone and SIM card essential for forensic examination; Madras HC orders priority review of accused’s phone and future consideration for return
“The data available in the mobile phone has to be converted and thereafter forensic examination of digital evidence has to be made. Hence, the seizure of the phone along with sim card was important as encrypted files are available in the phone. For this reason, the phone was seized, and now sent for forensic examination after obtaining permission from Trial Court.”
Maternity Benefits Act takes precedence over contractual conditions for contractual employees: Madras High Court
Madras High Court affirmed that the NRHM Nurses are eligible for maternity leave of 270 days with pay as per the Maternity Benefits Act, 1961
Madras HC issues interim injunction against Annamalai Digital prohibiting defamatory publications about former Army personnel until next hearing
Madras High Court also directed the Media house to remove and delete the defamatory article published against the former army personnel.
Testing the Limits of the Clean Slate Theory — A Critical Examination of the Madras High Court’s Ruling in National Sewing Thread Co. Ltd. v. TANGEDCO
by Ritika Gambhir Kohli†, Akshaya Ganpath†† and Saumya Tiwari†††
HIGH COURT OCTOBER 2024 WEEKLY ROUNDUP| Stories on Stalking; Compensation for Electrocution; Right to Maintenance; Rape on Pretext of Marriage and More
A quick legal roundup to cover important stories from all High Courts this week.
Himachal Pradesh High Court bids adieu to Justice Rajiv Shakdher after a brief tenure of 24 days as its 29th Chief Justice
Justice Rajiv Shakdher’s distinguished career spans several decades of dedicated service to the legal profession and the judiciary. His expertise in commercial, corporate, and taxation law, combined with his administrative experience, has earned him a reputation as a forward-thinking and capable Judge.
Is mere possession of proceeds of crime enough to invoke PMLA? Madras HC answers
“PMLA, being a special and standalone statute, the trial proceedings under this Act do not have any bearing on the trial proceedings or the outcome of the trial proceedings of the scheduled offence.”
HIGH COURT OCTOBER 2024 WEEKLY ROUNDUP| Stories on Posthumous Reproduction; Arms License to Sportsperson; Bulandshahr Gang-Rape; Jigra Movie; and More
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court dismisses plea on Samsung India Workers’ arrest after State confirms release
Madras High Court disposed of the habeas corpus petition after reviewing the State’s submissions, which indicated that the arrested individuals had been released on 08-10-2024, due to the Judicial Magistrate’s refusal to accept their remand.
Madras High Court quashes criminal case against stunt choreographer Kanal Kannan over Periyar Statue remarks
“Display of provocative words commenting believers of God opposite to the Hindu Temple is the cause for the speech, and the person, who has provoked the speech cannot take advantage of their provocation and prosecute Kanal Kannan for his reaction.”
Criminal Law Roundup September 2024 | Stories on Kolkata Rape and Murder Case; Delhi excise policy scam; Cash-for-job scam; West Bengal Coal Scam; and more
In September 2024, the Supreme Court and various High Courts engaged in significant discussions on criminal law, focusing on critical issues such as Kolkata Rape and Murder Case; Delhi excise liquor policy scam; Cash-for-job scam. Key rulings emphasized the balance between individual rights and public interest. Overall, these discussions reflect a dynamic legal landscape committed to upholding justice amid evolving challenges.
HIGH COURT OCTOBER 2024 WEEKLY ROUNDUP| Stories on Sexual assault of IAS Officer’s wife; Rehabilitation of migrated wild elephant; Ashiq Hussain Faktoo; Isha Foundation; and more
A quick legal roundup to cover important stories from all High Courts this week.
Supreme Court stays Madras HC’s order against Jaggi Vasudev’s Isha Foundation; Police directed not to take further action
The matter revolves around a habeas corpus petition filed in the Madras High Court by a father who alleged that Isha Foundation is engaging in manipulative practices, effectively brainwashing individuals and making them monks.