Madras High Court
Madras High Court Weekly Round-Up: June 10 - June 16, 2024
Citations: 2024 LiveLaw (Mad) 237 To 2024 LiveLaw (Mad) 247 NOMINAL INDEX Kesava Vinayagam v State, 2024 LiveLaw (Mad) 237 The President v The State Information Commissioner, 2024 LiveLaw (Mad) 238 MRF Ltd v Competition Commission of India and Others, 2024 LiveLaw (Mad) 239 Farida Begam v The Puducherry Government and Others, 2024 LiveLaw (Mad) 240 Gurunathan v The...
Marital Status Of Woman Cannot Be Determining Factor For Giving Up Her Child In Adoption: Madras High Court
The Madras High Court has observed that a woman's marital status should not be a determining factor while considering her child's adoption. Justice GR Swaminathan observed the proviso to Section 9(2) of the Hindu Adoption and Maintenance Act 1956 which mandates consent of the other parent would not apply when the mother/father of the child to be given in adoption is absent....
Ban On Ferocious Dogs | Process Should Be Transparent, Committee Should Be Made Known To Public To Prevent Future Challenges: Madras HC
While closing a plea filed by the Kennel Club Of India against the Central Government's notification banning the import of certain dogs by classifying them as ferocious and dangerous, the Madras High Court remarked that the process involved public policy and thus had to be transparent. Justice Anitha Sumanth noted that the process of classifying the dogs is related to public policy...
POSH Act | Rape, Continuous Molestation & Harassment Are Continuing Misconduct, Fresh Cause Of Action Arises Every Day Till Redressal: Madras High Court
The Madras High Court has recently observed that an allegation of rape of continuous molestation and harassment, unlike a lewd inappropriate remark, is a continuing misconduct and every day till the situation is redressed, a fresh cause of action arises. Justice Bharatha Chakravarthy noted that in these instances, the injury did not end by forced physical intercourse but added up every...
Madras High Court Sentences Man To 6 Months Imprisonment For Sending Letters To CJI Making Scandalous Remarks Against Judges
The Madras High Court has held a former loco pilot guilty of committing criminal contempt under the Contempt of Court Act 1971 by calling the judges criminals and sending letters to the Chief Justice of India making scandalous and reckless allegations against sitting judges of the High Court and a former judge of the Supreme Court. Bench of Justice MS Ramesh and Justice Sunder Mohan...
Measurement Of Individual's Height Also Depends On Timing Of Measurement: Madras High Court
The Madras High Court has recently noted that the measurement of an individual's height also depends upon the measurement's timing and that the issue regarding height should be resolved by standards and principles laid down by the court. Justice Bharatha Chakravarthy was hearing the plea of a man, who was rejected from the recruitment to the Assistant Conservator of Forest post as...
Unlike AR Rahman, Ilayaraja Lost Copyright In His Work When He Was Remunerated: Echo Recording Tells Madras High Court
Echo Recording Studio on Thursday submitted that music Maestro Ilayaraja did not retain any copyright in his musical work after being remunerated for the same, unlike AR Rahman who specifically retained his right in the contract. The submissions were made before a bench of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq. The bench was hearing an appeal against an order of...
Madras High Court Directs State To Prescribe Separate Norms For Transgender Persons In Employment And Educational Avenues
The Madras High Court has directed the state government to prescribe separate norms for transgender persons in employment and educational avenues. The court added that transgender persons should not be clubbed under male or female categories and should instead be treated as a special category and the norms extended to other special categories should be extended to them. “The...
BREAKING| Pay Rs.15K to 20K To Junior Advocates As Monthly Stipend : Madras High Court Directs Advocates
The Madras High Court has asked advocates and senior advocates in the State rolls of the Bar Council of Tamil Nadu and Puducherry to pay a monthly stipend of Rs. 15,000 to Rs. 20,000 to Junior Advocates engaged with them. The bench of Justice SM Subramaniam and Justice C Kumarappan thus modified an earlier direction that the court had issued on Wednesday (12th June) asking the...
Madras High Court: The Successful Working Of IBC Rests On Diligence And Integrity Of IRP And RP
The Madras High Court stressed and defined the role and responsibilities of the Interim Resolution Professional ('IRP') and Resolution Professional ('RP') to act fairly and transparently to secure the interests of all the stakeholders, particularly operational creditors. The single Judge Bench of Justice N. Seshasayee held: “It is time the IRPs and the RPs realized that...
Madras High Court: Every Claim Of Operational Creditors Includes Right To Their Property Under Article 300A Of The Constitution
The Madras High Court comprising of Justice N. Seshasayee held that every claim by operational creditors involves a right to their property under Article 300A of the Constitution of India. Background Facts: National Sewing Thread Co. Ltd. (Petitioner), a public limited company registered under the MSME Act, 2006, was under the Corporate Insolvency Resolution Process under Section 7...
State Should Exercise Parens Patriae Jurisdiction For Mentally Disabled Without Family Support: Madras High Court
The Madras High Court has observed that the State is expected to take care of the mentally disabled persons who are without any family support. The court added that though Section 9(2) of the Rights of Persons with Disability Act deals with a child with disability lacking family support, the provisions could be extended to even adults who are suffering from mental disability and are...