Madras High Court allows burial of BSP Chief K. Armstrong in Pothur Village
K. Armstrong was President of Bahujan Samaj Party over 17 years. He was murdered by Anti- Social rowdy elements on 05-07-2024.
Madras High Court
BCI bans illegal solicitation of legal services by lawyers on online portals after Madras HC decision
“The Madras High Cour had remarked that the process of delivery of Justice is strongly based on the Constitution, and lawyers being the upholders of law cannot treat the profession as a business.”
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Lakshmi Puri’s defamation; Agniveer recruitment; Cancer patient’s termination of pregnancy; and more
A quick legal roundup to cover important stories from all High Courts this week.
Intellectual Property Rights | A quick view of top Intellectual Property cases in June 2024
A quick recap of Intellectual Property cases passed by the High Courts in the month of June 2024 along with some top stories on Domino’s, Infosys Trademark Infringement, Patent for Portable Vehicle Management System and much more.
Madras High Court sets aside conviction and 3-year sentence of former AIADMK Minister Balakrishna Reddy in a 1998 Riot case
“Once the theory of the prosecution about burning the police jeep is unbelievable, and there is no other evidence on the side of the prosecution to convict the appellants for the offences under Sections 3 or 4 of the TNPPDL Act, the case of the prosecution has to fall in toto”
Madras HC directs Bar Councils to initiate disciplinary proceedings against Advocates advertising and soliciting work through Online Service Providers
“Branding culture in the legal profession is detrimental to society. Ranking or providing customer ratings to lawyers is unheard of and demeans the ethos of the profession. Professional dignity and integrity must never be compromised especially in the legal profession.”
Inside Madras High Court’s verdict on post-sale discounts received by way of financial credit notes
“The conclusion that the taxable person is providing a service to the supplier while taking the benefit of a discount by facilitating an increase in the volume of sales of such supplier, is ex facie erroneous and contrary to the fundamental tenets of GST law. Therefore, this conclusion warrants interference, and this issue requires re consideration.”
Madras HC takes suo motu cognizance of Kallakurichi hooch tragedy; Directs Registry to place matter before Acting Chief Justice
“The people inhabiting the Kalvarayan hills are from economically and socially backward sections of the Society and their fundamental right to life under Article 21 of the Constitution need to exercised to the fullest.”
Madras HC directs State Bar Council to expedite elections for Egmore Court Advocate’s Association
“In the event of any unruly behavior of the members of the Bar Association or any unlawful or illegal activities, the Bar Council of Tamil Nadu and Puducherry is bound to initiate appropriate disciplinary action against the Advocates, involving in such activities.”
Quashing criminal prosecution by obtaining apology letter for violence inside college campus by teachers is not in interest of justice: Madras HC
“When the specific overt act attracting prosecution for criminal offence been made out by the prosecution, if at all the accused wants to plead guilty, it should be done in the manner known to law under Section 482 of CrPC”
Madras HC allows voter to examine Court records of disproportionate assets case acquitting Social Welfare & Women Empowerment Minister Geetha Jeevan
“If the Investigating Agency decides not to prefer the appeal against acquitted person, then a person who has interest in the case, which primarily involves misconduct of a public servant who happened to be an elected member in the democratic process, in which, that person is a voter, have a say, and he cannot be deprived of the advantage of perusing the records and arrive at a conclusion.”
‘No misconception on the part of victim regarding promise of marriage with convict’: Madras HC sets aside conviction of rape accused
“The Court below lost sight of the rudimentary principle governing rape and convicted the convict on the strength of the gospel that Indian women do not lie in such matters, which cannot be sustained, as the facts surrounding each and every case and the evidence available ought to form the basis of arriving at a finding, and the surrounding scenario cannot be the basis to render a finding.”
‘Unlike enrolment fee, there is no statutory provision which prescribes any sum towards exam fee’: Madras HC dismisses plea to reduce AIBE fee
“A Writ of Mandamus can be issued only if the applicant can show the existence of a legal right.”
‘Hotel’s legitimate expectation was not met’, Madras HC sets aside order rejecting SRM Hotel’s request for renewal of land lease on fresh terms
“SRM Hotels should have been given an opportunity to demonstrate that they and not TTDC are better equipped to run the hotel.”
‘One year PG degree is valid for Government Service’: Madras HC directs TNPSC to appoint candidate as typist and to provide him all service benefits
“In the post of Typist where there are vacancies at any given time, the petitioner can be accommodated in any subsequent vacancy without the challenge being made to the selection and appointment of the next candidate and without dislodging the candidate who is selected in his place.”
Can adopted child’s biological family claim share in his property as legal heirs? Madras HC answers
Madras High Court said that the adoptive child is construed to be a member of the adopted family, all the ties of the child are replaced in the adoptive family created by adoption
Madras High Court affirms rejection of IIT-M Patent on ‘Method of Doping Potassium’, for lack of inventive step
Madras High Court concluded that without any experimental data to compare the costs of using filtrate material, which requires frequent changing, vis-a-vis using an external reagent, the economic significance of the claimed invention cannot be established. Thus, the claimed invention lacks an inventive step under Section 2(1)(ja) of the Patents Act.
[Sexual Harassment at Workplace] Madras HC partially vitiates inquiry report for not providing accused an opportunity to cross-examine the witnesses
“Sexual harassment causes considerable harm to women. Harassment undermines women’s workplace authority, reduces them to sexual objects and reinforces sexual stereotypes and inappropriate gender behaviour. It can have deleterious consequences for the mental and physical health of women”.
‘Marital status of woman cannot be the determining factor for giving her child in adoption’, Madras HC sets aside Registering Authority’s order refusing to register adoption deed
Madras High Court said that the reason given in the impugned refusal check slip reveals the patriarchal mind set of the registering authority, giving an underlying assumption that an unmarried woman above the age of 18 years cannot give her biological child in adoption.
Madras HC directs Senior Advocates to pay their Juniors monthly stipend of Rs. 15000 to Rs 20,000
“Why should our future Lawyers be made to undergo the same difficulties we encountered? Why can’t we come together to provide them with a safe and robust ecosystem? This should be the vision we must create for ourselves in today’s time and age”