Arbitrator Nominated U/S 18(3) MSMED Act Erred In Deciding Merits After Finding Respondent Was Not MSME: Madras HC Upholds Setting Aside Of Award

The Madras High Coury bench of Justices R. Suresh Kumar and C. Saravanan has held that an Arbitrator ought not to decide the case on merits after coming to a conclusion that the respondent was not a Micro, Small, and Medium Enterprise (MSME) and therefore not entitled to invoke the machinery under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006. The court...

No Law Fixing Number Of Persons Who Can Accompany A Party In Court: Madras HC Rejects PIL To Limit Advocates Appearing For VIP Litigants

The Madras High court has dismissed a petition seeking to restrict the maximum number of advocates appearing and accompanying a VIP or VVIP litigant whenever they appear in subordinate courts. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy held that since there was no law fixing the number of persons who can appear and accompany a party in court, it...

Manufacturer Of Banned Tobacco Product Which Is 'Food' Can Be Prosecuted Under Food Safety And Standards Act: Madras High Court

The Madras High Court recently upheld the power of the Food Safety Officer to proceed with investigation for sale of banned tobacco products observing that tobacco, with or without any additive was a food product under Section 3(j) of the Food Safety and Standards Act.In doing so the court said that the manufacturer was liable to explain the manner in which the product was cleared from...

Chronic Vacancies And Essential Service Needs Justify Regularization Of Contract Employees Despite Article 320: Madras HC

Madras High Court: A Division Bench of Dr. Justice Anita Sumanth and Justice G. Arul Murugan upheld the Central Administrative Tribunal's (CAT) order directing the regularization of contract Veterinary Assistant Surgeons who had served in Puducherry for nearly two decades. Despite objections from UPSC regarding Article 320 requirements, the Court found that the...

Telegram Informs Madras High Court That It Will Remove And Block Accounts Impersonating PhonePe

Telegram has informed the Madras High Court that it would remove any accounts impersonating PhonePe in its servers as and when a request for the same is received from Phone Pe. The submissions were made before Justice K Kumaresh Babu. The court was hearing a plea by PhonePe seeking an injunction against Telegram. Phone Pe had approached the court seeking damages of 10 Lakh and...

Courts Must Strive To Remove Barriers Faced By Persons With Disabilities: Madras HC Dispenses Language Test For Speech & Hearing Impaired Engineer

The Madras High Court recently highlighted the court's duty to remove the barriers faced by persons with disabilities in their daily life. Justice Anand Venkatesh noted that the barriers faced by persons with disabilities went beyond issues of accessibility and was deep rooted in prejudices and stereotypes in the society. The court added that persons with disabilities faced...

Madras High Court Weekly Round-Up: October 28 to November 3, 2024

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw (Mad) 407 To 2024 LiveLaw (Mad) 415 NOMINAL INDEX ABC v. XYZ, 2024 LiveLaw (Mad) 407 Mahalingam Balaji v. The Secretary and Others, 2024 LiveLaw (Mad) 408 The Assistant Director v The State and Others, 2024 LiveLaw (Mad) 409 K Jayakumar v The State of Tamil Nadu and Others, 2024...

“Extreme Emergency Looms”: Madras High Court Issues Directions For Curbing Tobacco Use Among Children

The Madras High Court has issued a slew of directions to the Central Government, State Government and prosecuting agencies in an effort to curb the use of tobacco products among school kids. Justice Bharatha Chakravarthy observed that there was an emergency considering the sudden surge of children using tobacco products and more specifically “Cool Lip” which in turn corrupted the...

Madras High Court Monthly Digest - October 2024

Citations: 2024 LiveLaw (Mad) 371 To 2024 LiveLaw (Mad) 414 NOMINAL INDEX K Sethuraj v State of Tamil Nadu (and other connected cases), 2024 LiveLaw (Mad) 371 Suo Motu v The Deputy Commissioner of Police, 2024 LiveLaw (Mad) 372 M/s.Sterling Futures and Holidays Ltd. v Directorate of Enforcement, 2024 LiveLaw (Mad) 373 AR Dairy Food Private Limited v The Central...

Courts Can't Direct Promotions Outside Established Rules And Seniority Framework: Madras HC

Madras High Court: The Court held that a Water Pump Operator's promotion to Sanitary Supervisor and subsequent reversion must be evaluated within the framework of the Tamil Nadu Town Panchayat Establishment Rules. Since the position of Water Pump Operator (that the petitioner undertakes) is not among the designated feeder posts (Public Health Workers, Sanitary Workers, or Scavengers)...

S. 63 (4) BSA | MEITY Must Notify Electronic Evidence Experts In Each District Of TN Within 3 Months: Madras High Court

In a recent decision, the Madras High Court has noted that the Central Government has notified only a handful of entities as experts under Section 79A of the Information Technology Act whose certificates were necessary under Section 63 (4) of the Bharatiya Sakshya Adhiniyam for admitting electronic evidence. Noting that no experts are notified in Tamil Nadu, Justice GR Swaminathan...

Fundamental Right Of Privacy Includes Spousal Privacy, Law Cannot Permit Snooping By Spouses: Madras High Court

The Madras High Court has observed that the fundamental right of privacy includes spousal privacy. The court noted that the law could not permit or encourage snooping by one spouse on another. The court thus observed that the evidence that was obtained by invading the privacy of the partner was inadmissible in the court. “Law cannot proceed on the premise that marital misconduct is...