Filing of written statement after expiry of 30 days can be accepted only if there is an application in writing for condonation of delay: Madras HC
If the power is given to do a certain thing in a certain way, the thing must be done in that way.
Madras High Court
Can a writ court entertain a petition seeking ordinary leave for prisoners if it is filed before the expiry of statutory period? Madras HC answers
“Failure in complying with the Tamil Nadu Suspension of Sentence Rules, 1982 regarding adherence of time limit contemplated is to be construed as lapse, dereliction of duty or negligence, as the case may be and appropriate disciplinary actions are to be initiated against the Officials, who all are responsible for such misconduct”
HIGH COURTS SEPTEMBER 2024 WEEKLY ROUNDUP| Read latest updates on Arvind Kejriwal; Manu Bhaker Interview row; DHFL Bank Fraud case; and more
Take a quick glance at what the High Courts were discussing in this late Monsoon season
Madras High Court waives Swiss Garnier’s pre-deposit contemplated under S. 19 of MSMED Act for setting aside an award
The statutory authority under the MSMED Act would only have the jurisdiction to entertain a dispute when the supplier had been registered as a Micro or Small enterprise under the MSMED Act at that relevant point of time.
Can Muslim wife claim interim maintenance under S.151 CPC while seeking divorce under Dissolution of Muslim Marriage Act? Madras HC answers
“Since the legislature cannot contemplate a solution to all the problems that are presented in Society. Within the broad framework that is laid down by the legislature, Courts will have to find a solution to the individual cases.”
Supreme Court Collegium recommends appointment of Judges for Madras High Court
The Collegium recommended the appointment of 5 Permanent Judges and 3 Judicial Officers as new Judges of Madras High Court.
HIGH COURTS SEPTEMBER 2024 WEEKLY ROUNDUP| Read latest updates on T-series; Haldwani Violence; Service and Employment Laws; Cruelty on husband; and more
Take a quick glance at what the High Courts were discussing in this late Monsoon season.
SC stays Madras HC order restoring Disproportionate Assets case against KKSSR Ramachandran & Thangam Thennarasu
On 7-8-2024, the single Judge Bench of N. Anand Venkatesh, J., set aside Special Court orders discharging the minsters and their wives in corruption cases and directed them to appear before the Special Court for MP/MLA cases.
Lawyer involved in forging rental agreement is liable to be prosecuted for misconduct under Advocates Act and BCI Rules; Madras HC issues directions
“The Bar Council has to maintain professional standards and in the event of any complaint of misconduct, actions are to be initiated.”
Criminal Law Roundup August 2024 | Top Cases on Bail; Contempt of Court; Forceful religious conversions; LGBTQ Rights; and more
Criminal law discussions that unfolded at the Supreme Court and various High Courts in the month of August
‘Section 29-A of Arbitration Act is procedural and discretion is given to parties to extend arbitration period further for 6 months’ ; Madras HC upholds arbitration award passed beyond 12 months
“The legislative intent of inserting Section 29-A of the Act is only for expeditious disposal of the arbitration proceedings and not to confer a new defence upon an unsuccessful party to challenge the award and to reopen the entire proceedings.”
Intellectual Property Rights | A quick view of top Intellectual Property cases from July and August 2024
A quick recap of top Intellectual Property cases on sale of counterfeit copies of EBC’s books, Nizam’s trade mark, Mankind v. Mercykind, Adidas, L’Oréal, Electronica, and more.
SC Collegium reiterates recommendation to transfer Justice Shamim Ahmed to Madras High Court
On 21-8-2024, the Collegium proposed the transfer of Justice Shamim Ahmed, Judge, High Court of Judicature at Allahabad, to Madras High Court. However, via representation dated 22-8-2024, Justice Ahmed had requested reconsideration.
Can plea bargaining extend to commission of a gender centric offence? Madras High Court answers
“BNS has made certain offences gender neutral. But still, they are gender centric offences and not non-gender offences. There is a sharp difference between gender centric or gender-neutral offence and a non-gender offence.”
HIGH COURT AUGUST 2024 WEEKLY ROUNDUP| Stories on R.G. Kar Medical College; IAS Puja Khedkar; Mankind; and more
A quick review of various High Court cases reported this week
Know Thy Newly Appointed Supreme Court Judge | Justice R. Mahadevan
In recognition of his exemplary service and profound legal insights, Justice R. Mahadevan was appointed as a Judge of the Supreme Court of India and took oath of office on 18-07-2024.
HIGH COURT AUGUST 2024 WEEKLY ROUNDUP| Stories on Yuvraj Singh; Rajdeep Sardesai; Malabar Gold; International tax charges; and more
A quick review of reported cases this week from various High Courts across the country
Madras HC dismisses plea to declare ‘Thirukkural’ as National book of high values and virtues of India
“We are not restricting Thirukural to Tamil Nadu alone but at the same time, we do not want to open the Pandoras box, that will lead to complete chaos. Hence, we are not entertaining the Writ Petition.”
Justice S. Vaidyanathan, Chief Justice of Meghalaya High Court, retires after a tenure of 6 months
Justice S. Vaidyanathan was appointed by the President as new Chief Justice of the High Court of Meghalaya on 02-02-2024 and took charge of his new office on 11-02-2024.
‘Victim abused the judicial process by filing a false FIR’: Madras HC acquits rape convict after noting that victim has a second child with him
“Madras High Court said that, in the instant case, the prosecution has not been able to establish that there indeed was a crime. In fact, there is an abuse of judicial process when the victim set a criminal law in motion, perhaps with a false FIR”