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...

Madras High Court Urges Parliament To Assess Efficiency Of IBC And Consider Recovery Percentage From Successful Resolution Processes

The Madras High Court bench of Justice N. Seshasayee urged the Parliament to assess and evaluate the working efficiency of the Insolvency and Bankruptcy Code, 2016 ('IBC') and questioned whether the Parliament has considered the general recovery percentage achieved from a successful corporate debtor resolution process. Background Facts: National Sewing Thread Co. Ltd. (Petitioner),...

“Men In Power Will Come And Go, But You Should Be Faithful To Court”: Madras High Court To Govt Advocates In Savukku Shankar's Case

Criticizing the state for failing to file a counter affidavit in the Habeas corpus plea against Youtuber Savukku Shankar's detention, Justice G Jayachandran, on Thursday, remarked that people in power will change, but advocates were expected to be faithful to the court. “This court is not for some media persons report. We have to make sure that justice is done properly. Men...

Seniors Extracting Work From Junior Lawyers Without Pay Violates Fundamental Rights: Madras HC Suggests Bar Council To Fix Minimum Stipend

The Madras High Court has suggested the Bar Council of Tamil Nadu and Puducherry to fix a minimum stipend for engaging a junior lawyer to ensure his livelihood is protected. Justice SM Subramaniam and Justice C Kumarappan noted that often, young lawyers were unable to survive due to meager payments from their senior lawyers. The court added that senior lawyers who extracted work...