Madras High Court Weekly Round-Up: December 16 to December 22, 2024

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw (Mad) 479 To 2024 LiveLaw (Mad) 488 NOMINAL INDEX Amudha v State, 2024 LiveLaw (Mad) 479 K. Sundari v. C. A. R. P. Mari, 2024 LiveLaw (Mad) 480 KC Chandran and Others v Directorate of Enforcement, 2024 LiveLaw (Mad) 481 Malliga (Died) and Others v. S Shanmugam (Died) and Others,...

Madras HC Seeks Response On Plea Seeking Formulation & Implementation Of Technical & Operational Protocols For Gender Affirmative Care Procedures

The Madras High Court has directed the National Medical Council, Tamil Nadu Health and Family Welfare Department, Madras Medical College and Rajiv Gandhi Government General Hospital, Government Rajaji Medical College and Hospital, National Health Mission Tamil Nadu, Directorate of Medical Education and Research, Directorate of Medical and Rural Health Services to respond to a plea seeking protocols for gender affirmative surgery. The bench of Justice SS Sundar and Justice P Dhanabal...

Offence Under PMLA Is Standalone, Can't Have Joint Trial With Predicate Offence Even If Both Are Before Same Court: Madras HC

The Madras High Court has clarified that the trial under the Prevention of Money Laundering Act (PMLA) is distinct and different from the trial of the predicate offence and thus the accused cannot seek for a simultaneous or joint trial even if both are pending before the same court. A division bench of Justice SM Subramaniam and Justice M Jothiraman noted that since the...

Lenovo Is Exclusive Proprietor Of “THINK” Family Of Marks: Madras HC Orders Removal Of Trademark Registration For “THINBOOK” Laptop

While hearing a plea moved by computer manufacturer Lenovo protection of its "THINK" Family of Marks, the Madras High Court directed the Registrar of Trademarks to cancel the registration given to a Hyderabad based company for its “THINBOOK” mark finding it deceptive. Justice Abdul Quddhose opined that the petitioner, Lenovo, who had been using the THINK family of marks had obtained...

Thanjavur Schoolgirl Suicide | HC Declines To Quash Abetment Case Against Hostel Warden, Says Religious Conversion Allegations Should've Been Avoided

The Madras High Court has refused to quash the chargesheet filed against Sister Sagaya Mary, hostel warden of St. Michael's Girls Hostel attached to the Sacred Heart Higher Secondary School, Thanjavur for allegedly abetting the suicide of a 12th Standard Student. In January 2022, a 12th Standard girl of the Sacred Heart School attempted to commit suicide by consuming pesticide....

Madras High Court Dismisses 2011 Plea To Restrain Retd Justice CS Karnan From Commenting On Judiciary In Media

The Madras High Court recently dismissed a petition filed in 2011 seeking to restrain retired high court judge Justice CS Karnanfrom making public statements, wither written or oral against constitutional authorities or any wing of the judiciary or advocates in public media. A division bench of Justice MS Ramesh and Justice AD Maria Clete observed that the prayer in the plea south...

Madras High Court Grants Bail To Man Accused Of Stabbing Doctor For Alleged Poor Treatment Of Mother

The Madras High Court on Tuesday granted bail to Vignesh, accused of stabbing a doctor at the Kalaignar Centenary Super Speciality Hospital in Guindy, Chennai in November this year. Considering the period of incarceration, the materials and the arguments, Justice AD Jagadish Chandira was inclined to grant conditional bail to Vignesh. The court thus ordered him to be...

Madras High Court Calls For SOPs, Practice Directions For Masking Names & Identities Of Victims Of Mental, Emotional And Sexual Harassment

The Madras High Court recently suggested bringing in Standard Operating procedures and Practice Directions to mask the name and identities of every victim of mental, emotional, and sexual harassment in all proceedings. “We are convinced that the privacy of the parties to the litigation should be respected. It is for that purpose we had directed the Registry to place a copy of...

Hindu Succession Act Doesn't Disqualify Widows From Inheriting Deceased Husband's Property After Remarriage: Madras High Court

The Madras High Court has observed that there is no provision in the Hindu Succession Act that prohibits a widow from inheriting or taking share in the property of her deceased husband, upon remarriage. The bench of Justice R Subramaniam and Justice C Kumarappan noted that though the Hindu Remarriage Act, 1856 disqualified a widow from inheriting properties upon remarriage, this Act...

Madras High Court Weekly Round-Up: December 9 To December 15, 2024

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw (Mad) 476 To 2024 LiveLaw (Mad) 478 NOMINAL INDEX ABC v. XYZ, 2024 LiveLaw (Mad) 476 The Music Academy v V Shrinivasan and Others, 2024 LiveLaw (Mad) 477 N Sasikala v The Assistant Director, ED, 2024 LiveLaw (Mad) 478 REPORTSNo Fixed Parameters For Cruelty In Matrimonial Case,...

NI Act | College Cannot Be Equated To A Company, Principal Not Vicariously Liable For Signing Cheque: Madras High Court

The Madras High Court recently quashed the proceedings initiated against a Principal of a college under Section 138 of the Negotiable Instruments for signing a cheque that was returned for “insufficient funds”. While doing so, Justice Anand Venkatesh held that the Principal had not signed the cheque in his individual capacity, and since a college could not be equated to a...

Concealment Of Proceeds Of Crime An Offence Under PMLA, ED Need Not Establish Where The Money Eventually Went: Madras High Court

The Madras High Court recently held that since the concealment of proceeds of crime itself is an offence under the Prevention of Money Laundering Act (PMLA), the Enforcement Directorate is not required to establish where the money eventually went. A division bench of Justice GR Swaminathan and Justice R Poornima added that the accused, who would have engineered the disappearance of...