Madras High Court
Can't Expect Junior Lawyers To Work Without Pay: Madras High Court Directs Bar Association To Pay Monthly Stipend Of ₹15K-20K
The Madras High Court has directed the Bar Council of Tamil Nadu and Puducherry to issue circulars to all bar associations asking them to pay a minimum stipend of Rs 15,000 to Rs.20,000 to all junior lawyers practicing in the state. In the order uploaded on Thursday however, the court has modified this direction and asked the lawyers to pay monthly stipends to junior lawyers engaged...
Madras High Court Asks State To Consider Representation For Temporary Release Of Youtuber Savukku Shankar
The Madras High Court on Wednesday directed A Kamala, mother of Youtuber and whistle-blower Savukku Shankar to submit a representation to the State government for Shankar's temporary release for one month. The bench of Justice MS Ramesh and Justice Sunder Mohan noted that the State had the authority to decide on the issue and it would be appropriate if the State decides the...
Even If Suo Motu Revision Of Corruption Cases Are Ultimately Dropped, Message Should Go Out That No One Should Take Courts For Granted: Madras HC
Justice Anand Venkatesh of the Madras High Court on Tuesday remarked that even if the suo motu revisions taken up against the discharge/acquittal of Ministers in corruption cases are ultimately dropped, a message should go out to the public that no one should take courts for granted. The court was hearing the suo motu revisions against the discharge/acquittal of Revenue Minister...
Tamil Nadu, Despite Its Conservative Image, Bringing Policies For LGBTQ Upliftment: Madras High Court
The Madras High Court appreciated the Tamil Nadu government for its efforts in bringing policies for the upliftment of the members from the LGBTQ community.Justice Anand Venkatesh granted 3 months time for the state government to finalise a policy for the upliftment of transgender persons by providing them reservation in public employment and education.“This Court is confident that the...
Madras High Court: Clean State Theory Not Applicable To Undisclosed Creditors Left Out Due To Negligences Of IRP Or RP
The Madras High Court bench of Justice N. Seshasayee held that the Clean State Theory shall not apply to undisclosed creditors to protect them from the deliberate non-disclosure or silence of the suspended board of directors or negligence of Interim Resolution Professional ('IRP') or Resolution Professional ('RP') towards disclosing their...
Madras High Court: MSME Corporate Debtor Can't Misuse Clean Slate Theory To Withhold Information When Its Management Had A Duty To Disclose
The Madras High Court bench of Justice N. Seshasayee held that an MSME Corporate Debtor cannot exploit the Clean Slate Theory by withholding information, especially when its management, which remained in control, had a duty to disclose such information. Background Facts: National Sewing Thread Co. Ltd. (Petitioner), a public limited company registered under the MSME Act, 2006,...
Madras High Court: Clean State Theory Only Protects Third-Party Successful Resolution Applicant And Not Suspended Board Of Corporate Debtor From Future Claims
The Madras High Court bench of Justice N. Seshasayee held that the Clean State Theory only protects the third party – Successful Resolution Applicant ('SRA') and not the suspended board of the Corporate Debtor from uncertainties of future claims. The High Court remarked: “It should not be forgotten that CST is a judicial coinage to protect the third...
Entity Is Entitled To Know Status Under Which Its Presence Is Sought In Statutory Proceedings: Madras HC Sets Aside CCI Proceeding, Calls It Opaque
The Madras High Court has recently set aside an order of the Competition Commission of India allowing an investigation to be carried out into a suspected rigging involving tyre manufacturer MRF Ltd. Noting that MRF was not a “party” to the proceeding and yet the CCI allowed an investigation against MRF, Justice Anita Sumanth noted that an entity was entitled to know the status...
Madras High Court Weekly Round-Up: June 3 - June 9, 2024
Citations: 2024 LiveLaw (Mad) 228 To 2024 LiveLaw (Mad) 236 NOMINAL INDEX Rakshika Raj v State of Tamil Nadu and Others, 2024 LiveLaw (Mad) 228 Deivanayaki v State, 2024 LiveLaw (Mad) 229 J Rajkumar v The Authorisation Committee (Transplantation), 2024 LiveLaw (Mad) 230 Antony Clement Rubin v M Vignesh, 2024 LiveLaw (Mad) 231 ABC v XYZ, 2024 LiveLaw (Mad)...
Co-Operative Societies Not Public Authorities, Not Bound By Right To Information Act: Madras High Court Reiterates
The Madras High Court has recently held that co-operative societies registered under the Tamil Nadu Co-operative Societies Act do not fall within the definition of “public authority” under Section 2(h) of the Right to Information Act and thus are not bound by the Act. Justice Bhavani Subbaroyan thus set aside an order passed by the State Information Commissioner directing...
Madras High Court Declines To Quash FIR Against BJP's Kesava Vinayagam, But Asks Police Not To Disturb Him
The Madras High Court has refused to quash the FIR registered against Bharatiya Janatha Party (BJP) Organising Secretary Kesava Vinayagam in connection with the seizure of Rs.3.99 crore from a train for alleged bribing of voters during the 2024 Lok Sabha Elections. Justice G Jayachandran observed that though the plea for quashing the FIR was not maintainable, the court needed to...
Madras High Court: Adjudicating Authority Must Exercise Jurisdiction Akin To Revisional Jurisdiction To Assess The Correctness Of COC's Actions
The Madras High Court bench of Justice N. Seshasayee held that though the Adjudicating Authority may not substitute the commercial wisdom of the Committee of Creditors ('CoC'), however, it must exercise jurisdiction akin to revisional jurisdiction to assess the correctness of the actions taken by the CoC. Background Facts: National Sewing Thread Co. Ltd. (Petitioner), a...