Skip to main content

WhatsApp posts admitted as evidence at Madras High Court

In first of its kind, Madras High court has passed an order based on WhatsApp posts. A PWD staffer, G. Parthiban had, in his WhatsApp posts, allegedly abused and threatened the petitioner, H.B. Saravana Kumar, a law graduate, for filing a RTI petition with Thanjavur East police station seeking certain details regarding him. Kumar, in the RTI petition, sought of the police answers to a few quarries relating to the arrest and remand of Parthiban in 2014.

Soon after filing the petition, Kumar received a phone call on April 15 reportedly from Velayutham, Sub-Inspector, Thanjavur East police station who made some basic enquires regarding the RTI application. Thereafter, Kumar received a series of calls from Parthiban threatening and abusing him using unparliamentary words profusely. Parthiban warned him stating that several leading advocates and a sitting Madras high court judge were his relatives. These conversations recorded by him were posted by him on WhatsApp  and this had raised eyebrows of advocates and rights activists.

On April 15, Kumar filed a complaint before Inspector, B-4 Madras High court police station to take action against Parthiban. As there was no action, Kumar filed a petition before the court seeking direction to the police to register a complaint and pass orders.

Article referred : http://www.deccanchronicle.com/150424/nation-current-affairs/article/whatsapp-posts-admitted-evidence-madras-high-court

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings had been conducted behind their back. Th

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subsequently filed rejoinder claiming the debt t

"as is where is" defined

This is a fairly contentious issue as often sale conducted on "as is where is basis" goes into litigation due to lack of understanding or otherwise on both sides. Below are two judgments with different conclusions but helps reveal the problem 1) Gurpreet Singh Ahluwalia vs. District Magistrate Dehradun & Ors. - Uttarakhand HC Bank takes possession of borrower's property and issues auction notice for sale of properties so possessed. The successful bidder pay part of the money and request the Bank to demarcate the property so that sale deed may executed and physical possession handed over. The Bank did make several representation to the concerned authorities to demarcate the property. That did not happenand the Bank instead of pursuing the demarcation proceedings with the Revenue Authorities called upon the successful bidder to make balance payment failing which deposit amount was informed to be liable for forfeiture. The bidder due to failure of revenue authoriti