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Section 35 BNSS Does Not Empower Police To Summon Or Question A Person Without Registering Case: Madras HC Quashes Notice Issued To Journalist

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Section 35 BNSS Does Not Empower Police To Summon Or Question A Person Without Registering Case: Madras HC Quashes Notice Issued To Journalist The petitioner approached the Madras High Court seeking quashing of the impugned notice issued by the Deputy Superintendent of Police under Section 35(3) of BNS, 2023. ByTulip Kanth|12 Jan 2026 6:30 PM Section 35 BNSS Does Not Empower Police To Summon Or Question A Person Without Registering Case: Madras HC Quashes Notice Issued To Journalist Justice Sunder Mohan, Madras High Court (Madurai Bench) While quashing a notice of the police summoning a man for his alleged defamatory statements made in a journal, the Madras High Court has held that section 35(1)(b) of the BNSS only specifies the circumstances under which a Police Officer may arrest a person without a warrant and does not empower the Officials to summon or question the person in the absence of any case registered against him. The petitioner approached the High Court seeking quashing of ...
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Acquittal Entitles Employee to Full Pay for Suspension Period: Madras HC Directs TANGEDCO to Treat Suspension as Duty Read more: https://lawtrend.in/acquittal-entitles-employee-to-full-pay-for-suspension-period-madras-hc-directs-tangedco-to-treat-suspension-as-duty/

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Advocate R. Karunanidhi has Appeared for the Petitioner in this case. Acquittal Entitles Employee to Full Pay for Suspension Period: Madras HC Directs TANGEDCO to Treat Suspension as Duty Read more: https://lawtrend.in/acquittal-entitles-employee-to-full-pay-for-suspension-period-madras-hc-directs-tangedco-to-treat-suspension-as-duty/ Importance of the Judgment: The Madurai Bench of the Madras High Court held that mere issuance or pendency of incidental or minor charges during the period of suspension cannot defeat an employee’s right to full service and monetary benefits, when the criminal case forming the basis of suspension ends in acquittal and no punishment ultimately survives. The Court further held that an employee acquitted in a criminal case is entitled to have the entire period of suspension treated as duty with full pay and allowances. Revocation of suspension followed by permission to retire amounts to deemed reinstatement, and the principle of “no work, no pay” ha...
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Allegations In Disciplinary Proceedings Constitute Cognizable Offence: Madras High Court Orders FIR Against Two Cops

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The Madras High Court was considering a Petition filed under Article 226 of the Constitution seeking a direction to the respondent Police Officials to initiate appropriate action in an alleged case of police brutality. https://www.blogger.com/blog/post/edit/2627303101087907782/5165373426298054538 https://www.verdictum.in/court-updates/high-courts/madras-high-court/thavakannan-v-the-director-general-of-police-allegation-disciplinary-proceedings-fir-custodial-assault-1602585 The Madras High Court has ordered the registration of an FIR against 2 police officers in an alleged case of custodial assault and police brutality. The High Court held that the allegations in the charge in disciplinary proceedings constituted cognizable offences. The High Court was considering a Petition filed under Article 226 of the Constitution seeking a direction to the respondent Police Officials to initiate appropriate legal and criminal action based on the petitioner’s representation regarding the brutal...
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Employee Not at Fault Cannot Be Denied Read more: https://lawtrend.in/employee-not-at-fault-cannot-be-denied-salary-under-no-work-no-pay-rule-madras-high-court/Salary Under ‘No Work No Pay’ Rule: Madras High Court By Law Trend April 16, 2025 3:17 PM Read more: https://lawtrend.in/employee-not-at-fault-cannot-be-denied-salary-under-no-work-no-pay-rule-madras-high-court/

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Case Background C. Markandan was appointed as Village Thalaiyari in 1983 and promoted as Village Administrative Officer (VAO) in 2016. Due to an erroneous entry Despite this, the Tahsildar, by order dated 09.02.2023, denied him salary and retirement benefits for the period between 01.02.2018 and 18.03.2019 on the ground of Read more: https://lawtrend.in/employee-not-at-fault-cannot-be-denied-salary-under-no-work-no-pay-rule-madras-high-court/ Read more: https://lawtrend.in/employee-not-at-fault-cannot-be-denied-salary-under-no-work-no-pay-rule-madras-high-court/ n W.P.(MD) No.17863 of 2023, the Madurai Bench of the Madras High Court ruled that the principle of ‘no work no pay’ cannot be applied Read more: https://lawtrend.in/employee-not-at-fault-cannot-be-denied-salary-under-no-work-no-pay-rule-madras-high-court/
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Employers cannot withhold salary or retirement benefits based on 'no work no pay' when employees is not on fault Photo: Pixabay

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The Madras High Court, in a recent case hearing, held that it is unlawful to apply the ‘No Work, No Pay’ principle when an employee is not at fault but is prevented from performing office duties. The Madurai bench of the high court ordered the respondents to pay the petitioner (C. Makarand) full retirement benefits and quashed the order passed by the Tahsildar earlier. Brief Background C. Makarand started his service as a Village Thalaiyari of Muthu Nagaiahapuram on March 20, 1983. At the time of joining, he submitted his document, including the date of birth proof. However, in 2015, he realised that his date of birth. It is because his date of birth in the records was January 28, 1958, instead of his actual DoB, which is March 23, 1961. When he applied for correction in the details to authorities, his request was rejected. The reason was that correction is allowed only within five years of joining, and that period has passed. However, in 2015, he received a favourable order from a ...
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Madras High Court Orders State To Pay Compensation Of ₹ 25 Lakhs For Custodial Death Of Minor https://www.verdictum.in/court-updates/high-courts/article-226-madras-high-court-increases-compensation-to-rs-25-lakhs-in-police-custodial-death-case-1493038

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COMPENSATION UNDER VICARIOUS LIABLITY - SINCE THE JUVENILE BOY DIED FOLLOWING PHYSICAL TORTURE AT ILLEGAL POLICE CUSTODY: The Madurai Bench of the Madras High Court has directed the State to pay a compensation of ₹ 25 lakh to the family members of a 17-year-old boy who died following custodial torture at the hands of S.S. Colony police in Madurai in 2019. Justice P. Dhanabal directed the State to pay the compensation in two months. (M Jeya v The Principal Secretary and Others (2023 Live Law (Mad) 256) The Madras High Court increased the compensation amount in a police custodial death case to 25 lakhs from 5 lakhs after a writ petition was filed by the mother of the deceased seeking just and reasonable compensation of Rs. 50,00,000 (Fifty lakhs) and a government job for her family. The petitioner alleged that her son died due to police custodial torture. A Bench of Justice P. Dhanabal followed a method followed by Motor Accident Claims Tribunal cases to calculate the compensation a...
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VISUALLY CHALLENGED PERSON – DIRECTION ISSUED TO PROVIDE ALTERNATIVE EMPLOYMENT AS PER THE RIGHTS OF PERSONS WITH DISABILITY ACT,2016

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VISUALLY CHALLENGED PERSON – DIRECTION ISSUED TO PROVIDE EMPLOYMENT AS PER THE RIGHTS OF PERSONS WITH DISABILITY ACT,2016. High Court has granted relief to a Police who was discharged from service after acquiring 100% blindness during service and being declared medically unfit for service. High Court allowed the Writ Petition and issued direction to reinstate the Petitioner into service and provide all benefits. (Ganesan Vs The Commandant, Tamil Nadu Special Police – 2025 Live Law (Mad) Page 22). Published and Reported in https://www.verdictum.in/court-updates/high-courts/madras-high-court/ganesan-v-the-commandant-wpmdno26560-of-2024-reinstatement-of-visually-impaired-cop-alternative-employment-1565795. The Madras High Court recently came to the aid of a visually impaired Policeman who was working as a Nayak in the Tamil Nadu Special Police Force by ordering his reinstatement after noting that he had acquired the disability while he was performing his duty. The Writ Petition be...
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