Important Judicial Decisions
| Sl. No. | Judgment Date | Case No. | Subject |
|---|---|---|---|
1 | 03.10.1979 | S.L.P.(Crl.) No.953 of 1979 Thiru.V.R. Krishna Iyer.J. and Thiru. P.N. Shighal.J. R.O.C.No.422/2007/F1/RG dated 05.12.2007 | Court and Judges – Sentences in 304-A I.P.C Offences – Non-Compliance with the exhoritions of the Hon’ble Supreme Court – action prayed for remarks of Subordinate Judicial Officers – submitted –Considered – Judgments of Hon’ble Supreme Court – Circulated – Reg. |
2 | 16.11.1988 | Accused are not entitled to court copies before filing charge sheet. | |
2A |
13.07.1993 | G.O.Ms.No.1067; P.Dis.No.53/2021 Dated 13.07.2021 | Departmental Vehicles Revision of rates for the use of departmental vehicles by the Officers for trips from the place of residence to office and using for private vehcicles. The Government also direct that the rate of Rs.3/per K.M. shall be collected from the Government Servant who uses the Government vehicle for private purposes. |
3 | 01.12.1994 | T.N.C.S (Disciplinary and appeal) rules initiation of enquiry by an officer subordinate to the appointing authority is concerned, it is well settled now that it is unobjectionable. | |
4 | 10.12.1996 | Problem-employment – Children in Sivakasi – directions issued. | |
5 | 18.12.1996 | Constitution of India, Arts.21, 22(1) – Custodial deaths – Any form of torture or cruel, inhuman or degrading treatment – Fall within inhibition of Art. 21, whether it occurs during investigation, interrogation or otherwise – Supreme Court issued the requirement to be followed in all cases or arrest or detention till legal provisions are made in that behalf as preventive measures. | |
5A |
16.03.1999 |
Higher Officials of allowed to retain the Office Assistants in their residence. Attendants at home are to be employed by the Officers concerned with the reimbursement to be given by the government. |
|
6 | 12.07.1999 | Criminal Procedure code (II of 1974), Sec.311 – Trial of case proceeding almost to the end- Two witnesses resummoned for cross – examination at the instance of the prosecution – Again when case was closed and posted for hearing arguments, Public Prosecutor requesting court to resummon one prosecution witness and two others, due to oversight committed by the Public Prosecutor – Such oversight, held cannot be equated with ‘lacuna’ – Word ‘ lacuna’ – Mean – witness is plenary, if it considers it necessary for a just decision. | |
7 | 21.11.2000 | Criminal Procedure code (II of 1974), Sections 161 and 311 – Petition to examine additional witnesses – Proposed witnesses originally accused of the crime – Statements were obtained from them as accused – Subsequent investigation veiling that they were only victims statements of such witnesses are statements under sec.161 – Omission of their names in the list of witnesses by the prosecution should not be a ground to curtail best evidence – Trial Court’s order allowing petition to examine additional witnesses upheld. | |
8 | 16.04.2002 | Crl.A.No.535 to 541 of 2000 Justice. R.C. Lahiti. R.O.C.No.1350 of 2002 , Dt:15.07.2002. | Right to speedy trial |
9 | 07.06.2002 | 2002 (0) Crl.J 3820 Remission of sentence by government not court. | |
10 | 01.10.2002 | disposal of properties. (Sunderbhai Ambalal Desai Vs. State of Gujarat) | |
11 | 10.03.2004 | Crl.O.P.No.8119 of 2004 Thiru. A.K. Rajan.J. R.O.C.No.156-A/2004/F1 dated 08.04.2004 | Guidelines to be followed by Magistrates when the complaints u/s 138 of N.I Act are taken on file. The following are the guidelines to be followed by Magistrates when the complaints under Section 138 of the Negotiable Instruments Act are taken on filed: |
12 | 11.03.2005 | Petition filed u/s 125 Cr.P.C can be dismissed for default – Same order can be recalled or set aside. | |
13 | 11.11.2005 | Suo Motu Contempt Petition No. 782 of 2005 Thiru. M. Karpagavinayagam.J. and Thiru. S.R. Singharavelu.J. R.O.C.No.4452/2005/RG/F1, Dt:07.12.05. | Injunction granted by Judge over ruling H.C. order – contempt action taken against judicial officer – directions issued. |
14 | 09.03.2006 | R.O.C.No.671/2006/RG/F1 dated 18.09.2006 | The Unit heads of the Districts are hereby instructed to take immediate steps and give necessary directions to all the Criminal court to comply with Rule 184 of the Criminal Rules of Practice (Madras), strictly, without any deviation. |
15 | 22.03.2006 | Order in Crl.O.P.No.7328 of 2006 R.O.C.No.1253-A/2006/Crl.Sec/F1 dated 28.03.2006 | NDPS Act – small quantity – bailable offence. |
16 | 03.08.2006 | Adolescent offenders to be kept in Borstal school. | |
17 | 12.12.2006 | Amount in court deposit is not ‘debt’ within the meaning of section 214 of Indian Succession Act and therefore the succession certificate is not necessary for making the claim before the court to withdraw the amount awarded. | |
18 | 13.04.2007 | Directions regarding accused and victims involved in immoral trafficking. Victim to be sent to vigilance homes. | |
19 | 02.07.2007 | W.P.No.22249 of 2007 Thiru. A.P.Shah, C.J. &Thiru. P. Jyothimani R.O.C.No.387-A/2015/F1 dated 19.02.2015 | Directions to Handover the confiscated properties to District collector. |
20 | 18.07.2007 | Forwarding complaint u/s 156(3) Cr.P.C – register to be maintained. | |
21 | 21.09.2007 | H.C.P.No.1306 of 2007 Thiru. P.D. Dinakaran,J &Thiru.R.Regupathi.J. R.O.C.No.4268A/07/F1 & P.Dis.No.139/2007. Dated 24.10.2007 | Without physical production of accused no remand extension order to be passed. |
22 | 24.10.2007 | R.O.C.No.5300-A/2007/F1 P.Dis.No.167/2007. dated 27.12.2007 | Directions – under trial Prisoners and unsound mind – without bail for long period. |
23 | 07.12.2007 | Doctrine of implied power It is well-settled that when a power is given to an authority to do something it includes such incidental or implied powers which would ensure the proper doing of that thing. | |
24 | 02.01.2008 | Dowry Case & Jurisdiction Sec.91 Cr.P.C. cannot be invoked against accused. | |
25 | 07.03.2008 | Directions to hand over confiscated properties to collector. | |
26 | 26.03.2008 | Directions to J.M. when women victims are produced involving immoral trafficking. | |
27 | 15.04.2008 | Crl.A.(MD).Nos.269 and 327 of 2006 Thiru. Prabha sridevan.J. and Thiru. S.Nagamuthu.J. R.O.C.No.1667/08/MB/F1 dated 29.04.2008 | All the incriminating evidence elicited from witnesses including the hostile witnesses should be put to the accused during the 313 questioning. |
28 | 24.04.2008 | Crl.O.P.(MD).Nos.4093, 4094 and 4379 of 2008 Thiru. S.Nagamuthu.J. R.O.C.No.1035A/08/F/MB dated 10.06.2008 | Whether N.B.W can be issued for non – appearance of accused and further directions – in bailable offence. |
29 | 29.04.2008 | Recruitment of staffs in court through public advertisements. | |
30 | 08.05.2008 | W.P.(MD).No.4472 of 2008 and M.P.(MD).No.1 of 2008 Thiru. P.K. Misra.J. R.O.C.No.998/08/F/MB in P.Dis.No.61/08 dated 10.06.2008 | C.A. returned as accused not appeared – whenever accused is entitled for the same. |
31 | 07.07.2008 | Arrest of persons in relation to Dowry cases- directions. | |
32 | 11.07.2008 | Illegal practice adopted by some of the Magistrates mechanically passing orders without application of mind directing for registration of criminal case and police investigation in matters of civil nature – directions. | |
33 | 14.07.2008 | W.P.Crl.No.68 of 2008 Thiru. B.N. Agrawal.J. and Thiru. G.S. Singhvi.J. R.O.C.No.4038/08/F1 in P.Dis.No.89/08 dated 27.08.2008 | Complaint u/s 156 (3) Cr.P.C – forwarded Initiating disciplinary action against police officers for any inaction in instituting a case. |
34 | 25.07.2008 | Minor Children of second marriage were entitled to family pension, but not second wife. | |
35 | 12.08.2008 | Directions to District Judges dealing with pets under Hindu adoptions and maintenance Act. | |
36 | 19.09.2008 | Crl.R.C.No.919 of 2007 Thiru. Prabha Sridevan.J. and Thiru. M. Jeyapaul.J. Madurai Bench R.O.C.No.2036A/08/F/MB dated 22.10.2008 | Accused shall be permitted to file proof affidavit in Sec.138.N.I.Act cases (Over ruled) |
37 | 19.09.2008 | H.C.P.No.1041 of 2008 Thiru. Prabha Sridevan.J. and Thiru. V. Periyakaruppiah.J. R.O.C.No.5348A/08/F1 in P.Dis.No.101/2008. Dated 04.11.2008 | Mental Health Act – directions. |
38 | 19.09.2008 | H.C.P.No.597 of 2008 Thiru. Prabha Sridevan.J. and Thiru.V. Periya Karuppiah.J. R.O.C.No.5348B/08/F1 in P.Dis.No.102/2008 dated 04.11.2008 | Anticipatory bail granted – accused surrendered before J.M. court – surety rejected accused remanded – directions. |
39 | 20.09.2008 | Directions of Hon’ble High Court issued in MP(MD).No.1/2008 in Crl.A(SR)(MD).No.14591/2008-ordered to be circulated – Already circulated – Modification issued in M.P (MP).No.3/2008 in MP(MD).No.1/2008 in Crl.A(MD) (SR)No.14591/08-communicated – Suspension of sentence petition – supported by affidavit. | |
40 | 30.10.2008 | Return of property – not remanded to court – petition maintainable. | |
41 | 03.12.2008 | R.O.C.No.2671C/08/F/MB dated 24.12.08 | Reference – whenever bail bond to be executed before J.M.Court or concerned .I.O. |
42 | 24.03.2009 | CPL. OP.(MD). No.1178/2009 Thiru. V. Periyakaruppiah.J R.O.C.No.665A/09/F/MB. Dated 09.04.09 | After formal arrest accused to be produced before J.M. Court within 24 Hours. (over ruled in - K.N.NEHRU case). |
43 | 31.03.2009 | Crl.R.C.(MD) No.348 of 2007 and M.P.No.1 of 2007 Thiru. A. Selvam.J R.O.C.No.777A/09/F/MB dated 12.06.2009 | The Practice of obtaining an opinion from the concerned public prosecutor or Additional Public Prosecutor or Assistant public Prosecutor is nothing but unwritten and also unwarranted. for filing charge sheet. |
44 | 08.10.2009 | M.P.No.1 of 2009 in Crl.O.P.No.16253 of 2007 Thiru. R. Ragupathi.J. R.O.C.No.5920-A/08/F1 dated 29.01.2010 | The Magistrates, after examining the final reports, in cases triable by them, should take necessary steps either to take cognizance or reject the same within a period of three days from the date of placement of the report. |
45 | 04.11.2009 | A reading of Sec. 468 Cr.P.C and the language in it would clearly show that the power given under Sec. 468 can be exercised only at the time of taking cognizance of the offence. | |
46 | 17.11.2009 | O.P.No. 418 of 1999 Thiru. K. Chandru. J. R.O.C.No.3069-A/09/F1 in P.Dis.No.6/2010. Dated 29.10.2010 | High Court Madras – Adoption – Juvenile Justice (Care and Protection) Act/Hindu Adoption and Maintenance Act and the Guardians and Wards Act – Order of Hon’ble Thiru Justice K. Chandru – Directions issued – Judgment to be communicated – action requested – reg. |
47 | 08.01.2010 | Directions- confiscation of property – order U/S 14 of T.N.P. Act. | |
48 | 17.03.2010 16.11.1998 | Code of Criminal Procedure – furnishing copies of the Statement of witness u/s 161 of Cr.P.C., observation mahazar etc., - during investigation – Certain directions issued – copy of a precedent communicated – reg. | |
| 48A | 23.03.2010 | Crl.R.A.Nos.72,73 and 74 of 2008 Bombay H.C. |
Section 269 SS of Income Tax Act only provides for penalty for not reflected the advance amount in income tax return – But it does not say that if money is advanced in contravention of Income Tax Act if would be un recoverable. |
49 | 23.04.2010 | C.M.A(MD) No.69 of 2010 Thiru. D.Hariparanthaman R.O.C.No.504-A/2011/F/MB in P.Dis.No.10/2011 dated 12.04.2011 | Billion rider and occupants of car covered by package police + House wife monthly could be fixed at Rs.3000/- |
50 | 03.05.2010 | R.O.C.No.2739-A/2010/F1 in P.Dis.No.92/2010 Dated 15.06.2010 R.O.C.No.3778/2010, Dt:21.06.2010. | The Hon’ble Supreme Court of India – Orders in Criminal Appeal No.963/2010 in Domodar S. Prabhu v. Sayed Babalal H.- Compounding of Offences U/s 147 of Negotiable instruments Act 1881 – graded scheme of imposing costs for undue delay – filing of multiple complaints for same transactions u/s 138 of the Act – certain guidelines issued. |
51 | 04.06.2010 | Crl.R.C.Nos.553 and 554 of 2010 Thiru.C.T. Selvam R.O.C.No.2865-A/2010/F1 in P.Dis.No.133/2010 dated 26.10.2010 | High Court, Madras – Criminal Jurisdiction – Petitions under Section 397 and 401 of Code of Criminal Procedure – Investigations u/s 156(3) of Cr.P.C., - Ordered by the Metropolitan Magistrates to be done by the Police Officers in areas beyond Metropolitan area of Chennai – Directions to forward the copies – Copies communicated – Reg. |
52 | 07.07.2010 | Entertaining application to intervene in bail petition. | |
53 | 09.07.2010 | Crl.O.P.Nos.5278 of 2007 & 9744 of 2010 Thiru. C.T. Selvam. J R.O.C.No.3723-A/2010/F1in P.Dis.No.114/2010 dated 11.08.2010 | High Court, Madras – Criminal Jurisdiction – Powers of Criminal Courts u/s 451 of Cr.P.C – To order return of vehicle and permitting its sale - Directions issued to Criminal Courts – Copy of the High Court’s order communicated –reg. |
54 | 26.07.2010 | Civil Appeal No.6000 of 2010 (Arising out of SLP (C) No.760 of 2007 R.V. Raveendran.J. R.O.C.No.238/2010/TNMCC/Hct,Ms. Dated 21.09.2010 | The object with which Sec.89 CPC was enacted has been highlighted in the decision reported in JT 2010 (7) SC 616. |
55 | 08.09.2010 | Crl.O.P.No.19963 of 2010 M.P.Nos. 1, 2 and 3 of 2010 Thiru.C.T. Selvam R.O.C.No.105-B/2011/F1 in P.Dis.No.32/2011. Dated 18.04.2011 | Police custody for recovery of documents. |
56 | 22.09.2010 | Trial should not be adjourned for the reason revision is pending. unless stayed by H.C. | |
57 | 19.07.2010 | Judicial Magistrate shall not pass any remand extension order without production of Accused. | |
58 | 03.11.2010 | Petition under HAMA or GAWA directions | |
59 | 19.11.2010 | W.P.(MD) No.11372 of 2005 and W.P.M.P No.12096 of 2005 Thiru. S. Nagamuthu.J. R.O.C.No.50-A/2011/F/MB in P.Dis.No.2/2011 dated 04.02.2011 | Cr.P.C125(3), 128 when distress and distrait warrant can be issued. (Kodaikanal Case) |
60 | 22.11.2010 | Special Leave to appeal Crl.No.9507/2010 in Crl.M.P.No.23051 of 2010. R.O.C.No.459-A/2011/F1. Dated 18.05.2011 | All trial courts in India to ordinarily add Section 302 to the charge of section 304B, so that death sentences can be imposed in such heinous and barbaric crimes against women. |
61 | 07.03.2011 | W.P.No.5491 of 2011 and M.P.No.1 of 2011 Chief Justice. R.O.C.No.1121-A/2011/D3 dated 09.03.2011 | Motor Vehicle – Use of Red Beacon Lights in Official Vehicles – Instructions issued – Reg. |
62 | 06.04.2011 | Crl.O.P.No.7649 of 2011 Thiru.T. Sudanthiram.J. R.O.C.1341-A/2011/F1 in P.Dis.No.29/2011. dated 18.04.2011 | High Court Madras – criminal Jurisdiction – S.294(b), 324 and 506(ii) Indian Penal Code – Bail Petition – Directions of the High Court – Copies communicated – Reg – Sec.324 IPC is bailable offence. |
63 | 11.04.2011 | R.O.C.No.2054-A/2011/F1 in P.Dis.No.54/2011. dated 22.06.2011 | When child produced before J.M. if she refuses to go with parents she has to be produced before child welfare committee. |
64 | 11.04.2011 | 2G case – appointment of Special Public Prosecutor. | |
65 | 09.05.2011 | R.O.C.No.1799A/2011/F/MB dated 30.09.2011 | Honour killing – circumstantial evidence – Extra judicial confession Hostile witness – Evidence Act Sc 161 (2). |
66 | 06.07.2011 | A subordinate court is bound by the enunciation of law made by the superior court. A coordinate Bench of a Court cannot pronounce judgment contrary to declaration of law made by another Bench. | |
67 | 09.09.2011 | Criminal Appeal No.1758 of 2011 on the file of the Supreme Court of India – certain guidelines on issuance of non-bailable warrants – Circulated – Regarding. | |
68 | 15.09.2011 | Return of Crackers pending trial. | |
69 | 14.10.2011 | Crl.O.P(MD).No.13615 of 2011 Thiru. S. Nagamuthu.J. R.O.C.No.2629-A/2011/F1 in P.Dis.No.76/2011 dated 09.12.2011 | When accused was in prison in one case – police custody for other case – Not necessary- accused can be interrogated in prison itself. |
70 | 29.10.2011 | Final report filed – excluding names found in F.I.R – notice to complainant (Ramdoss case). | |
71 | 03.11.2011 | Formal Arrest – Production of Accused on P.T Warrant need not be produced within 24 hours. (K.N. Nehru Case) | |
72 | 09.11.2011 | IPC 274, 332, 333, 353 offences are non bailable. | |
73 | 21.12.2011 | Crl.O.P.(MD).No.14156 of 2011 Thiru. S. Nagamuthu.J. R.O.C.No.1151-A/2012/F1 in Dis.No.33/2012 dated 20.04.2012 | Offence – I.P.C u/s 506(1) is non bailable in nature. |
74 | 05.01.2012 | R.O.C.No.940-A/2012/F1 in P.Dis.No.18/2012 dated 13.03.2012 | Mines and Minerals Act – Whether exclude IPC offence 379 – How court can take cognizance of final report. |
75 | 09.01.2012 | R.O.C.No.80-A/2012/F1 dated 04.02.2012 | Sivagiri Jamin suits pending in various courts stayed – not to alienate order. |
76 | 24.02.2012 | Artificial/Juristic person can be prosecuted. (Chief educational officer) | |
77 | 28.02.2012 | Any rule of the State Government restricting the right of consideration of the eligible candidates for public employment is unconstitutional being contrary to Articles 14 and 16 of the Constitution. | |
78 | 26.03.2012 | Crl.O.P.No.1138 of 2012 Thiru. T. Mathivanan.J. R.O.C.No.1848-A/2012/F1 in P.Dis.No.43/2012. Dated 04.06.2012 | Identification of Prisoners Act- finger prints – directions. |
79 | 17.04.2012 | When the trial had been conducted by following the warrant procedure what would be the position if the Magistrate finds that the accused has committed an offence triable as a summons case? (Private complaint). | |
80 | 10.05.2012 | Crl.O.P.Nos.7520 and 7521 of 2012 and 1157 of 2010 Thiru. S. Nagamuthu.J. R.O.C.No.155/2012/F1 in P.Dis.No.75/2012 dated 16.08.2012 | Private complaint against police officials – C.J.M.Court has no Jurisdiction – concerned Jurisdiction Magistrate has power. |
81 | 09.08.2012 | Right to legal aid Art 39A – During trial + appeal stage. | |
82 | 17.09.2012 | W.P.No.2738 of 2010 and M.P.No.1 of 2010 Thiru. Elipe Dharma Rao.J. and Thiru. R. Subbiah.J. R.O.C.No.4633-A/2012/F1 in P.Dis.No.14/2013. dated 01.02.2013 | Judicial officer should not issue community certificate. |
83 | 07.01.2013 | Charge sheet status quo order – land grabbing cases. | |
84 | 23.01.2013 | NDPS cases – directions - the filing of the charge – sheet and supply of other documents must also be provided in electronic form. However, this direction must not be treated as a substitute for hard copies of the same which are indispensable for court proceedings. | |
85 | 04.02.2013 | Confessional Statement – its usage + Evidence Act sec 114 presumption. | |
86 | 22.02.2013 | Family courts shall make efforts to settle matrimonial dispute through mediation. Criminal courts shall refer complaint u/s 498(A) IPC to mediation. | |
87 | 22.02.2013 | C.R.P.(PD) No.788 of 2013 Thiru. S. Nagamuthu.J. R.O.C.No.1086-A/2013/F1 in P.Dis.No.24/2013. dated 15.03.2013 | Application of 037 C.P.C to all the lower courts in the state – Clarification. |
88 | 01.04.2013 | Crl. M.P.No.1 of 2013 in Crl. A.No.866 of 2012 Thiru. K.N.Basha.J., and Thiru. P. Devadass.J. R.O.C.No.2050-A/2013/F1 in P.Dis.No.62/2013 dated 30.04.2013 | A statement given by a witness u/s 164 Cr.P.C is like a previous statement given during investigation u/s 161 Cr.P.C., because it is not a ‘substantive evidence’- such a statement of witness under section 164 Cr.P.C. cannot be used against the accused, when especially the deponent herself has turned hostile before the Trial Judge. However, such a statement can be used in favour of the accused. |
89 | 02.04.2013 | M.V Act – In the applications for compensation made under Section 166 of the 1988 Act in death cases where the age of the deceased is 15 years and above – In cases where the age of the deceased is up to 15 years, irrespective of the Section 166 or Section 163A under which the claim for compensation has been made- considering the claim applications made under section 166 in death cases where the age of the deceased is above 15 years – The claims Tribunals shall follow the steps and guidelines stated in para 19 of Sarla verma MANU SC 0606/2009: 2009 (6) SCC 121 for determination of compensation in cases of death – While making addition to income for future prospects, the Tribunals shall follow paragraph 24 of the judgement in Sarla verma: 2009 (6) SCC 121 – Deduction for personal and living expenses is concerned, it is directed that the Tribunals shall ordinarily follow the Standards prescribed in paragraphs 30, 31, and 32 of the judgment in Sarla verma. | |
90 | 10.04.2013 | C.P.C Sec 16, 17 City civil court jurisdiction. | |
91 | 03.05.2013 | R.O.C.No.2655-A/2014/F1 in P.Dis.No.76/2014 dated 16.06.2014 | 302 IPC – 304(II) IPC Compensation u/s 357 Cr.P.C |
92 | 17.06.2013 | A person involved in a criminal case can be suspended and he has no right to demand revocation of suspension till he is exonerated in the criminal case. | |
93 | 05.07.2013 | C.M.S.A(MD) Sr.No.10267 of 2013 Thiru. G.M. Akbar Ali R.O.C.No.5563-A/2013/F1 dated 17.10.2013 | C.A – Struck off, restoration – C.R.P – Delay. |
94 | 29.07.2013 | R.O.C.No.4281-A/2013/F1 in P.Dis.No.107/2013 dated 03.09.2013 | Contempt action – handcuffing accused – judicial officers are bound to take cognizance. |
95 | 20.01.2014 | Circumstantial evidence + Evidence Act Sections 101, 106, 113(a)(b) applicability. | |
96 | 07.03.2014 | Crl.O.P.No.15197 of 2013 and M.P.No.1 of 2013 Thiru. P. Devadass.J. R.O.C.No.1445-A/2014/F1 in P.Dis.No.46/2014. Dated 04.04.2014 | Cr.P.C 173 Negative Final report filed - next stage. |
97 | 02.07.2014 | Crl.Appeal No.1277 of 2014 (Special Leave petition (Crl.)No.9127 of 2013) R.O.C.No.2383/2014/F1 in P.Dis.No.88/2014 dated 05.08.2014 | Arrest – Reasons to be given by police + J.M. Should record reason – No automatic arrest. |
98 | 24.09.2014 | Crl.M.P.No. 1 of 2014 in Crl.A.386/2014 Thiru. S Rajeswaran.J. and Thiru. P.N. Prakash.J. R.O.C.No.5069-A/2014/F1 in P.Dis.No.106/2014 dated 11.12.2014 | Witnesses can be examined in the absence of defence counsel at the discretion of the court |
99 | 17.12.2014 | Crl.O.P.No.29399 of 2014 and M.P.No.1 of 2014 Thiru. S. Nagamuthu.J. R.O.C.No.346-A/2015/F1 dated 11.02.2015 | Nomination of one J.M. to extend remand of all prisoners order by C.J.M - illegal. (Slightly deviated in remand extension order passed in Suo-motto W.P.(MD) No.6126 of 2020 during Covid-19 Pandemic situation). |
100 | 19.12.2014 | Crl.O.P.No.20008 of 2013 and M.P.No.1 of 2013 Thiru. S. Nagamuthu.J. R.O.C.No.1220-A/2015/F1. Dated 11.03.2015 | Cr.P.C 176 – 1 A scope and Procedures. |
101 | 23.12.2014 | Crl.O.P.(MD)No.23509 of 2014 Thiru. S. Vaidyanathan.J. R.O.C.No.849-A/2015/F1 dated 23.02.2015 | Accused involved in 6 cases furnishing surety. Court can accept very same sureties for all cases. |
102 | 21.01.2015 | Crl.A.No.554 of 2012 Thiru. Dipak Misra.J. S.C. R.O.C.No.451-A/2015/F1 dated 11.02.2015 | It is not at all appreciable to call witnesses for cross examination after a long span of time |
103 | 02.02.2015 | Crl.O.P.No.2381 of 2015 & M.P.Nos.1 and 2 of 2015 Ms. R. Mala.J. R.O.C.No.874-A/2015/F1 dated 11.03.2015 | Police custody C.R.P.76 affidavit format to be filed. |
104 | 19.03.2015 | Crl.A.No.781 of 2012 Thiru. Dipak Misra.J. S.C. R.O.C.No.2456-A/2015/F1. Dated 06.05.2015 | Sec.156(3) Cr.P.C affidavit to be filed in support of complaint – SARFAESI Act – Complaint against bank officials. |
105 | 18.06.2015 | Crl.R.C.(MD)No.186 of 2015 Thiru. S. Nagamuthu.J. R.O.C.No.4094-A/2015/F1. Dated 31.07.2015 | When non bailable warrants can be issued while taking cognizance of final report. |
106 | 18.08.2015 | Crl.A.(MD) No.234 of 2011. Justice .S.Nagamuthu and Justice.V.S.Ravi Roc. No. 2553A/2015/F/MB 28.09.2015 | Defects noticed in the matter of framing of charges - Judges and Magistrates. Presiding over the Criminal Courts, shall bestow their best attention in the matter of framing of charges as framing of charges is not a ministerial job but a very serious judicial function. |
107 | 01.07.2015 | Second Appeal (MD) No.357 of 2009 Justice.PR.Shivakumar Roc. No. 2350-A/2015/F/MB dated 01.10.2015 | Suit Governed under Art-64 or Art-65 - starting point for limitation - C.P.C. Order 23, rule 2 - counting of limitation. |
108 | 21.01.2015 | Criminal appeal No.554 of 2012 Supreme Court of India Justice Dipak Misra.J. Roc. No. 7808-A/2015/FI/Regr(Judl) dated 18.12.2015 | It is not all appreciable to call a witness for cross - examination after a long span of time. It is imperative if the examination - in - chief is over, the cross - examination should be completed on the same day. If the examination of a witness continues till late hours, the trial can be adjourned to the next day for cross examination. It is inconceivable in law that the cross - examination should be deferred for a long time. |
109 | 25.09.2015 | Crl.R.C.Nos.993 and 994 of 2015. Justice.S.Vaidyanathan. Roc. No.7652-A/2015/F2. P.Dis.No. 225/2015 dated 23.12.2015 | 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. |
110 | 26.10.2015 | Reference Case(MD) No. 1/2015. Justice.S.Nagamuthu and Justice.V.S.Ravi. Roc. No.3160-A/2015/F/(MB) dated 23.12.2015 | 1) Whether the word " address" referred in Paragraph No.31(16) in the judgment of the Honourable Supreme Court is dealing with the Judicial power of the Sessions Judge or the administrative action of the Sessions Judge? |
111 | 18.02.2016 | High Court, Madras - laid down the procedure to be followed if a party to the proceedings dies after the conclusion of the hearing and before the pronouncement of the judgment, the appeal to be filed by the legal representatives of the deceased or against the legal representatives of the deceased. | |
112 | 08.03.2016 | Roc No.17155-A/2016/FI Crl.R.C.No.1701 of 2005 Dt. 22.9.2010. Justice. T. Sundanthiram. " | High Court, Madras - Subordinate Court shall strictly adhere to order XLI rule 5 of Code of Civil procedure, 1908 and shall proceed with trial, unless a stay has been granted or has any legal impediment and the trial should not be adjourned merely for the reason that some Petition/Appeal/- pending -Directions issued - Reg. |
113 | 03.05.2016 | A Magistrate, who commits the case to the Court of Sessions should also direct the accused in custody to be produced before the Sessions Court on a date, not beyond 15 days. Such an endorsement should be made in the committal warrant. If incomplete papers are sent by the Magistrate, the Sessions Clerk should not return the same but instead, should retain the available papers and call for the remaining papers. | |
114 | 09.05.2016 | Roc. No31955-A/2016/FI P.Dis.No. 120/2016. High Court of Madras. CMA No.428 of 2016 Dt.11.03.2016. Hon'ble Justice R.Sudhakar and Hon'ble Justice S.Vaidyanathan." | High Court, Madras - Compensation awarded to the victims/Claimants in MCOP matter - Appeal preferred before the Hon'ble High Court - Certain procedure recommended for the benefit of victims/claimants - Circular issued - Reg. Procedure before passing Award |
115 | 08.06.2016 | No Civil court or other Authority or Forum shall entertain any suit or other proceedings in respect of any claim or related matter(s) pertaining to PACL Ltd. And/or its Directors /Promoters /Group Companies / entities /individuals etc., arraying therein as parties/Defendants/Respondents the Justice (Retd.) R.M. Lodha Committee in the matter of PACL Ltd.), and /or its Chairman and /or its Members and/or the Securities and Exchange Board of India and further no injunction shall be granted by any Court or other authority or Forum in respect of any action taken or to be taken by the justice (Retd.) R.M. Lodha Committee (in the matter of PACL Ltd.) and/or its Chairman and/or its Members and/or the Securities and Exchange Board of India, with respect to claims and/or matter(s) relating to investments/deposits etc., In/with PACL Ltd., or its Directors/Promoters/Group Companies/ Entities/Individuals etc., | |
116 | 12.04.2016 | C.M.A.No. 2380 of 2015, Dt.12.04.2016 Hon'ble Justice R. Sudhakar and Justice.S.Vaidynathan. JJ. Roc No.53091-A/2016-FI dated 04.08.2016 | Motor Accident claim - Disputes in the quantum of disability - high rate of appeals on the grounds of alleged stock witnesses among medical witnesses - uniform and consistent assessment of disability - proposed by a Hon'ble Division Bench of the High Court, Madras - Directions to the Registry to issue circular to the Motor Accident Claims Tribunals and District Medical Board. |
117 | 06.09.2016 | Roc No. 60935-A/2016/FI High Court of Madras | The learned Judicial Magistrates in this State to follow the following procedure scrupulously. |
118 | 08.09.2016 | It shall also be permissible for the appellant husband to take a plea that the decree in question was passed by US Court even after the injunction orders passed by this Court and, therefore, should not be executed. We take it clear that it will also be permissible for the respondent - wife to plead that the decree passed is not in violation of any orders and it would be for the court where the execution petition is filed to decide such an issue in accordance with law. Accordingly the Civil Appeal as well as Contempt Petition are disposed of by making the aforesaid order Dt.01.04.2015 absolute. | |
119 | 19.09.2016 | It shall also be permissible for the appellant husband to take a plea that the decree in question was passed by US Court even after the injunction orders passed by this Court and, therefore, should not be executed. We take it clear that it will also be permissible for the respondent - wife to plead that the decree passed is not in violation of any orders and it would be for the court where the execution petition is filed to decide such an issue in accordance with law. Accordingly the Civil Appeal as well as Contempt Petition are disposed of by making the aforesaid order Dt.01.04.2015 absolute. | |
120 | 08.11.2016 | Roc. No.30/2016- Regr(Judl) High Court of Madras dated 08.11.2016 | Code of Civil Procedure, 1908, Section 9 - Illegal constructions and encroachments on roads and pavements - Suit against CMDA or Corporation - Maintainability -No Civil Court shall entertain any Suit or proceedings or Application in respect of action taken by CMDA or Corporation in respect of illegal construction and encroachments on road and pavements - All pending and future petitions against CMDA or Corporation relating to illegal and unauthorized construction of buildings and /or encroachments and demolition notice shall be placed before special Bench to be nominated by chief Justice. |
121 | 22.11.2016 | Roc No. 82156-A/2016/FI P.Dis no. 160/2016 Dt.22.1.2016 | Direction u/s156(3) cr.p.c. by Judicial Magistrate and scope u/s 482 cr.p.c |
122 | 20.12.2016 | Roc No. 81570-A/2016/FI P.Dis .No 167/2016 Dt.20.12.2016 | Demonetized Rs.1,000/- and Rs.500/- Currency Notes in the custody of Courts as case properties - Directions issued by the Hon'ble Division Bench to deal with such currencies - Order copy communicated - Reg. |
123 | 21.12.2016 | Roc.No. 90395 -A/2016/FI P.Dis. No.168/206 Dt.21.12.2016. | Illegal construction an encroachments on roads and pavements - Action taken by the CMDA or Corporation- Filling of Suits or Proceedings before the Civil Courts - Not to be entertained - Directions of the Hon'ble First Bench in Consumer Action Group, rep, by its Trustee, Tara Murali, No.7, 4th Street, Venkateswara Nagar, Adyar Chennai -20 and others Vs. The State of Tamil Nadu rep, by its Secretary to Government, Law Department, Fort St. George, Chennai-9 and others, reported in 2006 (4) CTC 483 - Communicated - Directions issued in Order dated 07.12.2016 in W.P.No.5610/2013 to the Registry to once again circulate the orders reported in 2006 (4) CTC 484 - Compliance of Issuance of certain instructions - Reg. |
124 | 03.02.2017 | COURTS AND JUDGES - The pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection ) Act, 1994 and the Pre conception and Pre -natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 - Increase in female foeticide - Certain directions issued by the Hon'ble Supreme Court of India in W.P. (Civil) No.349 of 2006 dated 8.11.2016 to constitute a Committee of three Judges that can periodically oversee the progress of the cases -Constitution of Hon'ble Committee - informing of - Regarding. | |
125 | 15.02.2017 | Roc No. 8479-A/2017/FI dated 15.02.2017 | Order date 10.1.2017 passed in W.P. Nos.13539, 17991/2013 and W.P. (MD) No. 15664 of 2013, by the Hon'ble First Bench. |
126 | 02.06.2017 | R.O.C.No.27873-A/2017/F1. P.Dis No.31/2017 | (i)(a) Bail applications be disposed of normally within one week; |
127 | 04.08.2017 | Chief Judicial Magistrate Vellore - Selection to the post of office assistant. Directions to Recruiting Agencies. | |
128 | 17.08.2017 | R.O.C.No.62204-A/2017/F1 High Court of Madras Crl. O.P. Nos. 8690/2017 and 12060/2017 Dt.21.7.17 Hon'ble Justice R.Mahadevan" | The cases pending on the file of various courts in the State of Tamil Nadu prosecuted by the Idol wing are hereby transferred to the file of the learned Additional Chief Judicial Magistrate, Kumbakonam for effective and speedy disposal of the cases, on day today basis. Transfer of investigation in respect of Idol theft cases - directions issued. |
129 | 31.08.2017 | When Supreme Court or a High Court or even a Sessions Judge grants interim anticipatory bail and the matter is pending before that Court, there can be no occasion for the accused to appear and surrender before the learned trial court and seek regular bail. The predicament of the subordinate Judge in considering the prayer for regular bail and the impossibility of denial of such bail in the face of the pre-arrest bail granted by a higher forum is real. Surrender and a bail application in such circumstances is nothing but an abuse of the process of law by the concerned accused. | |
130 | 23.10.2017 | R.O.C.No.19533-A/2017/F1 High Court of Madras Crl. O.P. Nos. 3696/2017 Dt.28.02.17 Hon'ble Justice P.Devadass" | The basic characteristic feature of a bailable offence and non-bailable offence is that in case of bailable offence, bail is a matter of right. Bail is the rule, jail is the exception. In fact, it is the duty of the learned Magistrates and the Sessions Judges to inform the accused involved in a bailable offence that he has the right to go on bail. Non bailable offence does not mean not bailable. It is also bailable, but opportunity should be given to the prosecution and the Court has to consider the merit of the matter and decide whether the accused could be granted bail or denied bail. |
131 | 23.10.2017 | R.O.C.No.73578-A/2017/F1 High Court of Madras Crl. O.P. Nos.7395/2010 Dt.29.08.2017 Hon'ble Justice RMT. Teekaa Raman" | Circulate the copy of this order to the Commissioner of Police, Coimbatore and Superintendent of Police Coimbatore, for effective implementation of the filing the final report as charge sheet or referred charge sheet as the case may be, before the appropriate Court and also to maintain periodical inspection as required under the Police standing order, so as to give the correct figure of pendency of criminal case in the state. |
132 | 24.10.2017 | Before entertaining any matrimonial case, the Sub Courts and District Courts are bound to verify whether the Family Courts are functioning within the territorial jurisdiction or not. If there is no Family Court, then the litigants shall be permitted to file the matrimonial cases before the regular civil court and if the Family Courts are functioning under the Family Courts Act, then the parties should not have any option, but to file their matrimonial disputes only before the Family Courts. | |
133 | 24.10.2017 | The Trial Court had failed to frame appropriate charges as required in law. | |
134 | 24.10.2017 | Motor accident claim petition - The Tribunals/Courts are entertaining the applications, without even verifying the genuineness of the residential addresses of the respective petitioners/claimants and many number of bogus applications are filed and the same are pending before the Tribunals/Courts. | |
135 | 01.08.2017 | (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority. | |
| 135A | 01.08.2017 | (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority. |
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136 | 06.12.2017 | R.O.C.No.70690-A/2017/F1 P.Dis.No.105/2017 High Court of Madras Crl. O.P. No. 18110/2016 dt.12.09.2017 Hon'ble Justice P.N.Prakash. " | Implementation of DAR regime - This court commends the application of DAR regime as proposed for the entire State in its online version as constituting full compliance with the mandate of the decision of the Supreme Court dated 13/05/2016 in Jai Prakash Vs. National Insurance Co. Ltd., and as per the directions of this Court commencing from 16/08/2016 and culminating in this order. |
137 | 06.12.2017 | R.O.C.No.88388-A/2017/F1 P.Dis.No. 107/2017 | Only a drawer of the cheque can be prosecuted and punished for an offence under section 138 of N.I.Act. |
138 | 06.12.2017 | R.O.C.No.90825-A/2017/F1 P.Dis.No. 108/2017 | For substantial compliance of the disposal of the First Appeals, the lower appellate Courts/first appellate courts, shall henceforth ensure that the relevant points are framed for determination in the First Appeals and shall give reasons and strict compliance of order 41 Rule 31 CPC shall be made while deciding the First Appeals. |
139 | 06.12.2017 | R.O.C.No.85189/2017/F1 P.Dis.No. 106/2017 High Court of Madras Crl. O.P.(MD)No.12722/2017 dt.28.09.2017 Hon'ble Justice M.V.Muralidaran. " | Courts concerned are hereby directed not to insist upon the persons who surrender in connection with criminal case to produce their identity card for the proof of their own identity. |
140 | 06.12.2017 | R.O.C.No.83588-A/2017/F1 P.Dis.No. 109/2017 | On the deposit of compensation amount by the Managing Directors of all the state Transport Corporation undertakings in each district, we are of the view that the courts/tribunals dealing with motor accident cases, would transfer/ disburse the compensation amount finally determined, by Tribunals/ High Court, a list stated to be with the Managing Directors of each Divisions, to the account of accident victims/differently abled/legal representatives of the deceased, as the case may be, within a period of one week from the date of deposit. |
141 | 06.12.2017 | G.O. (Ms.) No.293, Health and Family Welfare (AB2) Department dated 02.12.2016 published in the Tamil Nadu Government Gazette dated 25.01.2017 is constitutionally valid. The Judicial Magistrates/ Metropolitan Magistrates in the State of Tamil Nadu cannot pass any order under Section 13(3) of the RBD Act after 25.01.2017. All pending matters are directed to be disposed of with liberty to the petitioners to take recourse to the concerned executive Magistrates. Any entry made in the register of Births and deaths, pursuant to an order passed by Judicial/ Metropolitan Magistrates after 25.01.2017 is non-est and such an entry should be deleted. We also direct the government of Tamil Nadu to issue necessary guidelines to the Executive Magistrates for dealing with petitions under Section 13(3) of the RBD Act Until guidelines are issued, the executive Magistrates shall obtain reports from the concerned village Administrative officers or revenue Inspectors and conduct enquiry as far as may be possible by following the procedure laid down in Tamil Nadu Revenue Enquiries Act, 1893. | |
142 | 06.12.2017 | R.O.C.No.35448-A/2017/F1 P.Dis.No. 99/2017 | 1. Judiciary cannot afford to decide the cases by tracing the criminal activities of the forefathers of the accused. No Court of law can stigmatize a community as a whole. Proof beyond reasonable doubt of the guilt of an accused should be reached on the basis of the evidence on record. Any finding of guilt based on no evidence but on communal considerations, is unconstitutional. In the instant case, the trial Court has traced the socio economic as well as the communal background of the accused and has come to the conclusion that these accused have committed the crime solely because they belong to a particular community. |
143 | 06.12.2017 | R.O.C.No.35703-A/2017/F1 P.Dis.No. 100/2017 | The learned Magistrates and other Courts in the State of Tamil Nadu as well as the Union Territory of Puducherry shall hereinafter follow uniform procedure of passing an order of remand reflecting application of judicial mind by considering the request of prosecuting agency and after hearing the accused besides considering all the relevant records including the case diary. If once such order is passed, it shall be followed by the warrant of remand to the Jail authorities. |
144 | 06.12.2017 | R.O.C.No.47819-A/2017/F1 P.Dis.No. 103/2017 | If the accused could not be produced within twenty four hours before the jurisdictional Special Court under the POSCO Act, the investigating officer may produce him before the nearest Judicial Magistrate as provided in sub section (1) of Section 167 of the Code, who may remand the accused to such custody, as he thinks fit for a term not exceeding fifteen days in the whole and he shall, as provided in sub- section (2) of Section 167, order the accused to be forwarded to the Special Court under the POSCO Act for further proceedings. |
145 | 06.12.2017 | R.O.C.No.35846-A/2017/F1 P.Dis.No. 101/2017 | Unlike in other litigations delay in the disposal of maintenance petitions affects the women and children very much. It affects a cross section of the society. |
146 | 06.12.2017 | R.O.C.No.39176-A/2017/F1 P.Dis.No.102/2017 | Whether an application seeking anticipatory bail under Section 438 of the Code of Criminal Procedure at the instance of a juvenile in conflict with law in terms of the Juvenile Justice (Care and Protection of Children) Act, 2000 is maintainable before the High Court or before the court of Sessions?' |
147 | 07.12.2017 | R.O.C.No.45966A/2017/F1 P.Dis.No. 111/2017 | When the accused executes bail bond, when the surety executes surety bond, court cannot insist production of property documents, surety need not be Government Servant or a blood relative or a local surety. |
148 | 07.12.2017 | R.O.C.No.85482-A/2017/F1 P.Dis.No. 112/2017 High Court of Madras Crl. O.P No.6358/2010 dt.05.10.2017 Hon'ble Justice M.V.Muralidaran" | (i) When an application is filed under section 340 of the code of Criminal Procedure, it is for the Court concerned to entertain and decide the issues involved in the said application without any interference into the proceedings of the original suit or other category of the lias the case may be; |
149 | 30.12.2017 | (i) Vakalath / Memo of Appearance shall be filed along with clear photo Identity Cards of the Advocates - on - record; Advocates, who do not have photo Identity Cards, shall obtain the same from the Bar Council, without which, it shall not be entertained (This condition pertains only to those vakalats filed from 02.01.2018) | |
150 | 03.04.2018 | R.O.C.No.17775-A/2018/F1 P.Dis.No.45/2018 High Court of Madras Crl.O.P.No 19/2018 dt.26.02.2018 Hon'ble Justice M.V.Muralidaran" | i) Though the police is entitled to seize the passport under section 104 of the Code of Criminal Procedure, they have no authority to keep the same in their custody. In turn, as soon as possible, the passport must be produced before the court concerned without any unreasonable delay; |
151 | 04.01.2018 | i) The trial courts must carry out the mandate of Section 309 of the Cr.P.C. as reiterated in judgments of this Court, inter alia, in State of U.P. versus Sharmbhu Nath Singh and Others, Mohd. Khalid versus State of W.B. and Vinod Kumar versus State of Punjab. | |
152 | 03.04.2018 | R.O.C.No.18256-A/2018/F1 P.Dis.No.47/2018 High Court of Madras Criminal Appeal No. 528/2014 Dt: 12.02.2018. Hon'ble Justice Dr.G.Jeyachandran" | Though sanction to prosecute is for Section 7 of the Prevention of Corruption Act, 1988 alone, the trial Court without sanction from the competent authority, has framed charge for the offence under Section 13(2) r/w 13(1) (d) of prevention of Corruption Act, 1998 also. |
153 | 18.05.2018 | In all pending matters before the High Courts or other courts relating to PC Act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on above parameters. Same course may also be adopted by civil and criminal appellate/revisional courts under the jurisdiction of the High Courts. The trial courts may, on expiry of above period, resume the proceedings without waiting for any other intimation unless express order extending stay is produced. | |
154 | 30.06.2018 | Certain directions issued to the Office Bearers of the Bar Associations regarding Boycott Calls . | |
155 | 13.07.2018 | i) Committal to the sessions court for Bomb Blast Cases in Chennai and Coimbatore cannot be directly made by a magistrate. The Magistrate shall commit a sessions case involving an offence punishable under the Explosive Substance Act only to the court of the District and Session Judge of his/her District. | |
156 | 23.07.2018 | Roc. No : 50125-A/2018/F1 P. Dis. No : 113/2018 | 1) The Member Secretary, Tamil Nadu state legal Services Authority, Chennai shall open a separate account under the head " Environmental Fund" , so as to deposit the amounts received from various courts under this head and to be utilized for the purposes narrated hereunder. |
157 | 23.07.2018 | Roc. No : 43070-A/2018/F1 P. Dis. No : 114/2018 Crl. R. C. No. 367 of 2018 Dt : 05.06.2018 Hon'ble Justice M . V . Muralidharan. " | Section 125, 127 Crpc - Order is also to be passed in the miscellaneous petitions when final order is passed in the main case in the manner known to law. |
158 | 09.08.2018 | Roc. No : 51761/2018/F1 P.Dis. No : 123/2018 | Temple - Facilities - deficiencies - Every District Judge throughout India may examine such matters himself or through any court under his jurisdiction and send a report to the concerned High Court so that such report can be treated as PIL on the judicial side and such direction may be issued as may be considered necessary having regard to individual fact situation. |
159 | 09.08.2018 | Roc. No : 50261-A/2018/F1 P. Dis. No : 124/2018 | MCOP - Award - The Tribunals are directed to take standard deduction for the particular year, which is applicable while calculating the income of the deceased. |
160 | 09.08.2018 | Roc. No : 52065/2018/F1 P. Dis. No : 125/2018 C.R.P.(MD) Nos. 1351 to 1354 of 2018 Dt : 12.07.2018 Hon'ble MR Justice M.V. Muralidharan. " | a) All the Landlords / Landladies are entitled to file/initiate Rent Control Proceedings by invoking old Rent Control Act namely the Tamil Nadu Buildings ( Lease and Rent Control ) Act, 1960 until the new Act is notified by the Government. |
161 | 13.08.2018 | Biswa Nath Banik shall be permanently restrained from taking out any proceedings or moving any court including Supreme Court in relation to title Suit No. 2/1987 or any motion or application arising there from. The Petitioner shall not be issued a proximity card or pass of this court if he seeks entry in relation to any proceedings arising out of title Suit No. 2/1987. | |
162 | 14.08.2018 | Roc. No : 53091-A/2016/F1 P. Dis. NO : 149 /2018 C.M.P.No. 6376 of 2018 in C.M.A.No. 2380 of 2015 Hon'ble Justice S.Vaidhyanathan." | It is made clear what the order dated 12.04.2016 will prevail. The clarification issued in the order dated 25.1.2016 has not watered down the earlier observation made in the order dated 12.04.2016. It is further made clear that Doctors, who have examined /treated the claimants, alone can be examined as witness. |
163 | 28.08.2018 | Roc. No : 58368/2018/F1 P.Dis. NO : 151/2018 CRL OP (MD) Nos. 11139,12238 /2018 & 13975 /2017 Dt : 27. 07.2018 Hon'ble Justice D. Krishnakumar " | The number of NBWs. executed, number of NBWs. pending execution and the reason therefore along with the steps taken for execution of the Non Bailable Warrants issued by the concerned courts, on a case to case basis - For Reporting Compliance. |
164 | 28.08.2018 | Roc. No : 58364/2018/F1 P. Dis. No : 152/2018 C.R.P. (MD) (PO) Nos.1480 & 1481 of 2018. Dt : 24.07.2018 Hon'ble Justice M.V. Muralidaran" | All the District Collectors in the state of Tamil Nadu are hereby directed to issue suitable directions to their subordinate officers to take appropriate steps for strike off the plaints wherever the cases already filed and pending are in which attracting the provisions under the Tamil Nadu Public premises (Eviction of Unauthorised occupants) Act, 1975 and Tamil Nadu Land Encroachment Act, 1905 within their respective jurisdictional courts without any delay. |
165 | 03.10.2018 | Roc. No : 67103/2018/F1 P. Dis. No : 174/2018 | NALSA's Compensation Scheme for women victims/survivors of sexual assault/other crimes, 2018. |
166 | 12.12.2018 | Roc. No. : 77438-A/2018/F1 P. Dis. No : 190 / 2018 CRL OP (MD) Nos. 11139 & 12338 of 2018 Dt : 11.10.2018 Hon'ble Justice D. Krishnakumar" | Long Pending NBWs - The status report filed on behalf of the Director General of Police, Tamil Nadu is recorded. |
167 | 12.12.2018 | Roc. No : 81836/2018/F1 P. Dis. No : 192/2018 | Seizing of Vehicles - special court directions - effective steps to prevent the illegal sand mining . |
168 | 13.12.2018 | Roc. No : 69801/2018/F1 P. Dis. No : 194/2018 CRP (MD) No. 2013 of 2018 Dt : 17.09.2018. Hon'ble Justice G.R. Swaminathan " | No Judicial order is warranted from District Court for implementing the interim order passed by the Arbitral Tribunal under section 17 of the Act. The District Court is only discharging a ministerial responsibility. |
169 | 13.12.2018 | Roc. No : 79457-A/2018/F1 P.Dis No : 195/2018 C.R.P. No. 3429 of 2018 Dt : 08.11.2018 Hon'ble Justice S.M. Subramaniam " | The Civil Courts across the state of Tamil Nadu and Puducherry are also directed to strictly adhere the legal principles enumerated in this order in respect of disposing of interlocutory applications, more specifically, the injunction petitions, with reference to order XXXIX Rule 3(A) of code of civil procedure. |
170 | 17.12.2018 | 1) All the Trial Courts to consider the possibility of pruning the list of witness in consultation with public prosecutor as well as the Defence Counsel so that the number of witness required to be examined can be reduced at the threshold. | |
171 | 16.02.2019 | Copies of this court's judgement in Shreya Singhal V. union of India'((2015) 5 SCC1) will be made available by every High Court in this country to all the District Courts. | |
172 | 01.03.2019 | Directing the Labour Courts/Industrial Tribunals in seizing of matters under section 17(2) of the working journalists and other Newspaper Employees(conditions of service) and Miscellaneous Provisions Act., 1955, to dispose of the same without granting any unnecessary adjournments keeping in mind that the time frame fixed by this court is six months from the date of reference. | |
173 | 15.03.2019 | Roc No. 20535-A/2019/F1 P. Dis. 35/2019 Crl. R. C. No. 1151 of 2018 Dt : 25.02.2019 Hon'ble Justice P. Velmurugan" | All the District Judges or Judicial Magistrate those who receive any information regarding the child marriage, immediately, they shall forward the complaint to the jurisdictional police station and direct to register the case against the groom and parents of both to proceed against them for the offences under the child marriage Restraint Act in accordance with law, otherwise the purpose of the said act itself will be defeated. |
174 | 15.03.2019 | Roc No,16921-A/2019/F1 P. Dis. 34 /2019, 15.03.2019 C.R.P (PD) No. 570 of 2013 and M.P. No 1 of 2013 Dt : 23.01.2019 Hon'ble Justice Abdul Quddhose" | In future wherever a suit has been filed to declare a judgment and degree passed in another suit as null and void, the concerned registry of the jurisdiction court is directed to place the suit for maintainability before the presiding officer, who shall decide about its maintainability and whether the suit can be numbered or not. |
175 | 20.03.2019 | Roc No. 20602-A/2019/F1 P. Dis No. 37/2019 Crl.O.P. No. 28952 of 2018 Hon'ble Mr Justice N. Anand Venkatesh" | Cases where an accused has absconded after appearance. |
176 | 21.03.2019 | Roc No. 975 / 2019 / RG / F1 P. Dis No 38/2019 CMA No. 2460 of 2015 Dt: 13.02.2019 Hon'ble Mr. M. Govindaraj." | Issue notice to the parties on transfer of the suit, on account of constitutions of new courts bifurcation of jurisdiction, transfer of cases due to change in pecuniary jurisdiction or territorial jurisdiction or even transfer due to work load, wherever it is necessary. |
177 | 21.03.2019 | Roc No. 24900/2019/F1 P.Dis No 40 / 2019 | All the trial courts are hereby directed to scrupulously follow the mandate of section 293(10 Cr.P.C., which is clear that the report in any enquiry, trial or other proceeding under the Cr.P.C., and similarly, not to insist upon examination of the officers mentioned in section 293(4) Cr.P.C. at the mere asking of the prosecution. |
178 | 21.03.2019 | Question relatable primarily to the fundamental right of free speech and expression guaranteed by article 19 (1) (a) of the Constitution of India. | |
179 | 05.04.2019 | The Registrar is directed to register the amended bye-laws of KCA under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, in accordance with law. | |
180 | 31.10.2019 | Roc No. 77869-A/2019/F1 P.Dis.113/2019 | Principles for consideration as to what suits are suits for land. |
181 | 31.10.2019 | Roc No. 73127-A/2019/F1 P.Dis.111/2019 | Rule 7 (1) of the POCSO Rules, deals with payment of interim compensation and Rule 7(2) of the POCSO Rules, deals with payment of final compensation. At the time of payment of final compensation, the interim compensation already paid to the child will be adjusted from the final compensation. |
182 | 31.10.2019 | Roc No.66388-A/2019/F1 P.Dis.115/2019 | Civil and criminal cases registered under the Act have to be given urgent priority - courts concerned dealing with criminal trials as well as the District Revenue Officers, dealing with civil proceedings against sellers of adulterated milk, under the Food Safety and Standards Act, 2006 to give urgent priority. |
183 | 31.10.2019 | Roc No.85902-A/2019/F1 P.Dis.114/2019 | Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. |
184 | 31.10.2019 | Roc No.76584-A/2019/F1 P.Dis.112/2019. | Whether under Section 66 of the Tamil Nadu Court Fees and Suits valuation Act, 1955, refund of Court fees can be granted when a review petition filed under Order XIVII CPC is rejected on the ground of delay in its representation. |
185 | 07.11.2019 | Roc No.87353/2019/RG/FI P.Dis.119/2019 | Judgment of the Hon'ble Supreme Court of India in Writ Petition (Criminal) No.156/2016, dated 05.12.2018 (Mahender Chawla & Others v/s. Union of India & Others) along with Witness Protection Scheme, 2018. |
186 | 15.11.2019 | Roc No.68208/2019/FI P.Dis.133/2019 | The trial Courts must carry out the mandate of Section 309 of the Cr.P.C., as reiterated in judgments of this Court, inter alia, in State of U.P., versus Shambhu Nath Singh and others [(2001) 4 SCC 667], Mohd.khalid versus State of W.B., [(2002) 7 SCC 334] and Vinod Kumar versus State of Punjab [2015) 3 SCC 220]. |
187 | 21.11.2019 | The trial Courts must, take suitable steps for rejection or return of such plaints immediately in view of the bar of law under Section 34 of SARFAESI Act and the overriding effect of the provisions of the SARFAESI Act provided under Section 35 of the said Act. The remedial measures provided to such persons is only before the Debts Recovery Tribunal or the Debt Recovery Appellate Tribunal. | |
188 | 10.12.2019 | The competent Courts and the Specialized Adoption Agencies, while dealing with an adoption case under the Juvenile Act, 2015, shall henceforth positively comply with the directions. | |
| 189 | 29.01.2020 | (1) Whether the protection granted to a person under Section 438 Cr.P.C. should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail. (2) Whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the Court." |
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| 190 | 21.02.2020 | In the event of the law laid down by the Full Bench, in S.Ganapathy (supra) being overruled, what impact would such overruling have on the cases which have been decided by the Courts of Sessions during the interregnum? The Sessions Courts are directed not to entertain any appel filed by the complainant against the order of acquittal as in view of the judgment of the Apex Court in Mallikarjun Kodagali Vs. State of Karnataka ( (2019) 2 SCC 752), prima facie such an appeal can only be maintainable before this Court under Section 378(4) Cr.P.C. |
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| 191 | 28.07.2020 | Judgment of the Hon'ble Supreme Court of India, dated 10.02.2020 in Writ Petition (Civil) Nos.1015 and 1016 of 2018 communicted Certified copy of the corrigendum, dated 25.02.2020 to the said Judgment received Communicated Reg. |
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| 192 | 08.09.2020 | Clarification in the finding in Paragraph Nos.11, 12 and 13 in the order dated 05.11.2019 in W.P.No.3312 of 2019 with regard to the minimum educational qualification for the recuritment to the post of Office Assistant, Record Clerk and all other posts in the subordinate Courts in the basic service. Observation in the order dated 05.11.2019 will not stand in the way of recruitment process to the posts covered under Special Rules for Tamil Nadu Basic Service. |
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| 193 | 30.09.2020 | Scope of section 73 and 77 of the Registration Act. |
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| 194 | 09.12.2020 | In cases where stay is granted in furture, the same will end on expiry of 6 months from the date of such order unless similar extension is granted by a speaking order. Whatever stay has been granted by any court including the High Court automatically expires within a period of 6 months, and unless extension is granted for good reason, as per our judgment, within the next 6 months, the trial court is, on the expiry of the first period of 6 months, to set a date for the trial and go ahead with the same. |
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| 195 | 22.01.2021 | The Appellate Courts which deal with Appeals under Section 96 must comply with the mandatory requirements of Order 41 of the Code of Civil Procedure. |
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| 196 | 22.01.2021 | All the Tribunals within in the State of Tamil Nadu and Puducherry not to number any of the claim petitions without impleading the other vehicle which was also involved in the accident. However, we make it clear that this will not apply to the cases of hit and run where the tortfeasor cannot be possible of identifcation. The tribunals are expected to insist the claimant to array the driver and owner of the other vehicle which is stated to be involved in the accident as party respondent before numbering the claim petition. |
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| 197 | 22.01.2021 | The petitioner's request for unilateral cancellation of Doc.No.806 of 2005 was declined, with an instruction to the petitioner to apprach the Civil Court for redressal of his grievance. The 3rd Respondent to conduct enquriy and complete the same within a period of four months from the date of receipt of a copy of this order and no encumbrance shall take place in the properties in question till a final decision is taken thereon in terms of Sections 68 and 83 of the Registration Act. After compeltion of enquriy under section 83 of the Act, if the fraud is established, imprisonment should be primary and imposition of fine is secondary and unless Law is very strict, this kind of fraudulent activities cannot be curtailed. |
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| 198 | 22.01.2021 | Wherever the civil cases are pending, Government Pleaders are representing the Government, otherwise OSR, Roads, Parks, water bodies etc. The respective Court shall ask the plaintiff to make the Government as a party to the proceeding to avoid multiplicity of proceedings. |
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| 199 | 29.01.2020 | (1) Whether the protection granted to a person under Section 438 Cr.P.C. should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail. (2) Whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the Court." |
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| 200 | 22.02.2021 | The Industrial disputes Act, Once the prosecution is launched, the appropriate criminal court is expected to take up the matter and it shall proceed with the matter on a daytoday basis without adjourning the matter beyond fifteen working days at any point of time so as to bring the issue to a logical end. |
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| 201 | 12.03.2021 | The Government of India shall amend the guidelines for containment zones, to state. "Regulated movement will be allowed for medical emergencies, provisions of essential goods and services, and other necessary functions, such as, time bound applications, including for legal pruposes, and educational and jobrelated requirements". |
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| 202 | 20.04.2021 | In Re: To issue certain guidelines regarding inadequacies and deficiencies in criminal trials. |
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| 203 | 20.04.2021 | The Hon'ble Supreme Court issued certain guidelines regarding imposition of bail conditions in a case involving a sexual offence against a women. (a) Bail conditions should not mandate, require or permit contact between the accused and the victim. Such conditions should seek to protect the complainant from any further harassment by the accused; (b) Where circumstances exist for the court to believe that there might be a potential threat of hurassment of the victim, or upon apprehension expressed, after calling for reports from the police, the nature of protection shall be separately considered and appropriate order made, in addition to a direction to the accused not to make any contact with the victim; (c) In all cases where bail is granted, the complainant should immediately be informed that the accused has been granted bail and copy of the bail order made over to him/her within twodays; (d) Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society, and must strictly be in accordance with the requirements of the Cr.P.C. In other words, discussion about the dress, behaviour, or past "conduct" or "morals" of the prosecutrix, should not enter the verdict granting bail; (e) The courts while adjudicating cases involving gender related crimes, should not suggest or entertain any notions (or encourage any steps) towards compromises between he prosecutrix and the accused to get married, suggest or mandate mediation between the accused and the survivor, or any form of compromise as it is beyond their powers and jurisdiction; (f) Sensitivity should be displayed at all times by judges, who should ensure that there is no traumatization of the prosecutrix, during the proceedings, or anything said during the arguments, and (g) Judges especially should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court. 45. Further, courts should desist from expressing any stereotype opinion, in words spoken during proceedings, or in the course of a judicial order, to the effect that (i) women are physically weak and need protection; (ii) women are incapable of or cannot take decisions on their own; (iii) men are the "head" of the household and shoule take all the decisions relating of family; (iv) women should be submissive and obedient according to our culture; (v) "good" women are sexually chaste; (vi) motherhood is the duty and role of every woman, and assumptions to the effect that she wants to be a mother; (vii) women should be the ones in charge of their children, their upbringing and care; (viii) being alone at night or wearing certain clothes make women responsible for being attacked; (ix) a woman consuming alcohol, smoking etc. may justify unwelcome advances by men or "has asked for it" (x) women are emotional and often overreact or dramatize events, hence it is necessary to corroborate their testimony; (xi) testimonial evidence provided by women who are sexually active may be suspected when assessing "consent" in sexual offence cases; and (xii) lack for evidence of physical harm in sexual offence case leads to an inference of consent by the woman. |
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| 204 | 17.06.2021 | 1. The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons trial. 2. Inquiry shall be condcuted on receipt of complaints under Section 138 of the Act to arrive at sufficient grounds to proceed against the accused, when such accused resides beyond the territorial jurisdiction of the Court. 3. For the conduct of inquriy under Section 202 of the Code, evidence of witnesess on behalf of the complainant shall be permitted to be taken on affidavit. In suitable cases, the Magistrate can restrict the inquiry to examination of documents without insisting for examination of witnesses. 4. We recommend that suitable amendments be made to the Act for provision of one trial against a person for multiple offences under Section 138 of the Act committed within a period of 12 months, notwithstanding the restriction in Section 219 of the Code. 5. The High Coruts are requested to issue practice directions to the Trial Courts to treat service of summons in one complaint under Section 138 forming part of a transaction, as deemed service in resepct of all the complaint filed before the same court relating to dishonour of cheques issued as part of the said transaction. 6. Judgments of this Court in Adalat Prasad (Supra) and Subramanium Sethuraman (supra) have interpreted the law correctly and we reiterate that there is no inherent power of Trial Courts to review or recall the issue of summons. This does not affect the power of the Trial Court under Section 322 of the Code to revisit the order of issue of process in case it is brought to the court's notice that it lacks jurisdiction to try the complaint. 7. Section 258 of the Code is not applicable to complaints under Section 138 of the Act and findings to the contrary in Meters and Instruments (supra) do not lay down correct law. To conclusively deal with this aspect, amendment to the Act empowering the Trial Courts to reconsider/recall summons in respect of complaints under Section 138 shall be considered by the Committee constituted by an order of this Court dated 10.03.2021. 8. All other points, whcih have been raised by teh Amicis Curiae in their preliminary report and written submission and not considered herein, shall be the subject matter of deliberation by the aforementioned Committtee. Any other issue relating to expeditious disposal of complaints under Section 138 of the Act shall also be considered by the Committee. |
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| 205 | 13.07.2021 | All the Tribunals are bound to look into the nature of the policy at the first instance, before entertaining the Claim Petition. The Litigants should not be unnecssarily driven to various Courts by waiting for a long period before the Accident Claims Tribunal. Whenever a Claim Petition is filed, either under Section 166 or under Section 163A of the Act or otherwise, the entertainability as well as the maintainablity of the Claim Petitions are to be verified with reference to the nature of the policies issued by the Insurance Company. Contrarily, the Tribunal cannot adjudicate the terms and conditions agreed between the parties in a contract and grant compensation by invoking the provisions under the Motor Vehicles Act. |
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| 206 | 16.07.2021 | All the three stakeholders, viz., the Investigating Officer, the Public Prosecutor and the learned Judge have to properly deal with the case and they have to properly understand the object of the POCSO Act and seriousness of the offence against the children. |
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| 207 | 26.10.2021 | The Hon’ble Supreme Court issued certain guidelines for grant of bail - Accused Not arrested during investigation - After filing of Charge Sheet. |
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| 208 | 03.08.2021 | The Magistrates all over the country that in our pyramidical structure under the Constitution of India, the Supreme Court is at the Apex, and the High Courts, though not subordinate administratively, are certainly subordinate judicially. Whatever stay has been granted by any court including the High Court automatically expires upon the expiry of a period of six months, and unless extension is granted for good reason, as per our judgment, within the next six months, the trial Court is, on the expiry of the first period of six months, to set a date for the trial and go ahead with the same. |
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| 209 | 10.12.2021 | In Re: Cognizance for Extension of Limitation - Direction issued to communicate to all Subordinate Courts / Tribunals. |
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| 210 | 05.01.2022 | R.O.C.No.61928/2020/S. Ct.- Supreme Court of India-Criminal Appeal No (s).135/2010, Dated - 14-12-2021 (Hon'ble Justice L.Nageswara Rao, Hon'ble Justice B.R.Gavai, Hon'ble Justice B.V.Nagarathna) |
Issues relating to prevention of trafficking, rehabilitation of sex workers who wish to quit sex work and the conditions conducive for sex workers to live with dignity in accordance with Article 21 of the Constitution of India. |
| 211 | 19.01.2022 | R.O.C.No.101465/2021/S.Ct.- Supreme Court of India -Miscellaneous Application No.1849/2021 in SLP (Crl)No.5191/2021, Dated - 16-12-2021 (Hon'ble Justice Sanjay Kishan Kaul, Hon'ble Justice M.M.Sundresh) |
If during the course of investigation, there has been no cause to arrest the accused, merely because a charge sheet is filed, would not be an ipso facto cause to arrest the petitioner, an aspect in general clarified by us in Criminal Appeal No.838/2021 - Siddharth V. State of Uttar Pradesh & Anr. dated 16.08.2021. |