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Madras High Court | Conviction Under Sec.306 & 417 IPC Set Aside | Consensual Relationship and Absence of Proximate Instigation Negate Cheating and Abetment

Madras High Court | Conviction Under Sec.306 & 417 IPC Set Aside | Consensual Relationship and Absence of Proximate Instigation Negate Cheating and Abetment

Sanchayita Lahkar   The High Court of Madras Single Bench of Justice G.K. Ilanthiraiyan overturned the conviction of an appellant previously sentenced under Sections 306 and 417 of the Indian Penal Code. The trial court had imposed rigorous imprisonment and fines for abetment of suicide and cheating. On appeal, the High Court held that the prosecution failed to prove deception or abetment beyond reasonable doubt. It found that the...

Madras High Court | Convictions Under S.302/149 IPC Set Aside | Contradictory Ocular Testimony and Non-Consideration of Defence Evidence Held Fatal to Prosecution

Madras High Court | Convictions Under S.302/149 IPC Set Aside | Contradictory Ocular Testimony and Non-Consideration of Defence Evidence Held Fatal to Prosecution

Safiya Malik   The High Court of Judicature at Madras, Division Bench of Justice M.S. Ramesh and Justice V. Lakshminarayanan, allowed multiple criminal appeals filed by the accused and dismissed the appeals preferred by the State. The Bench set aside the conviction and sentences imposed by the Trial Court in connection with charges under Section 302 read with Section 149 of the Indian Penal Code and acquitted the appellants. The Co...

Madras High Court | NCLT Cannot Disregard Applicant’s Proposed IRP Under Section 16(2) IBC Absent Disciplinary Proceedings | Tribunal’s Substitution Set Aside

Madras High Court | NCLT Cannot Disregard Applicant’s Proposed IRP Under Section 16(2) IBC Absent Disciplinary Proceedings | Tribunal’s Substitution Set Aside

Safiya Malik   The High Court of Judicature at Madras Division Bench of Justice Dr. Anita Sumanth and Justice N. Senthilkumar delivered a judgment directing that the order passed by the National Company Law Tribunal (NCLT) appointing an Interim Resolution Professional (IRP) different from the one proposed by the applicant could not be sustained. The Court held that the NCLT’s action in substituting the proposed IRP with anoth...

Madras High Court | No Statutory Bar on Recognising Multiple Bar Associations | Tamil Nadu Bar Council Directed to Reconsider Plea of Nilgiris Women Lawyers Association

Madras High Court | No Statutory Bar on Recognising Multiple Bar Associations | Tamil Nadu Bar Council Directed to Reconsider Plea of Nilgiris Women Lawyers Association

Safiya Malik   The High Court of Judicature at Madras Division Bench of Justice M.S. Ramesh and Justice V. Lakshminarayanan held that the Bar Council of Tamil Nadu and Puducherry had exceeded its authority in rejecting the application for recognition and registration of a women lawyers association. The Court quashed the resolution of rejection passed by the Bar Council and directed the authority to reconsider the association’...

Madras High Court | Criminal Complaint Under Drugs and Cosmetics Act Quashed Against Director | Mere Designation as Managing Director Not Enough for Vicarious Liability Under Section 34

Madras High Court | Criminal Complaint Under Drugs and Cosmetics Act Quashed Against Director | Mere Designation as Managing Director Not Enough for Vicarious Liability Under Section 34

Safiya Malik   The High Court of Judicature at Madras Single Bench of Justice N. Sathish Kumar allowed a criminal original petition and quashed pending criminal proceedings before the Metropolitan Magistrate Court at Saidapet. The court directed that the prosecution initiated under the Drugs and Cosmetics Act, 1940 could not be maintained against the petitioner in the absence of specific allegations regarding his role or responsibi...

Madras High Court Grants Anticipatory Bail to Hindu Munnani Functionaries Accused of Hate Speech | Bail Subject to Conditions Including Writing Preamble and Fundamental Duties Ten Times

Madras High Court Grants Anticipatory Bail to Hindu Munnani Functionaries Accused of Hate Speech | Bail Subject to Conditions Including Writing Preamble and Fundamental Duties Ten Times

Sanchayita Lahkar   The High Court of Madras, Single Bench of Justice M. Jothiraman, granted anticipatory bail to three petitioners who were facing charges under various provisions of the Bharatiya Nyaya Sanhita, 2023. The Court directed that they be released in the event of arrest or upon appearance before the concerned Judicial Magistrate within fifteen days, subject to compliance with strict conditions. The conditions included the execution of bonds with sureties, regular appearances before the police, and a direc...

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