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,...

PMLA Does Not Intend To Attach Or Confiscate All Properties Of A Person Connected With Crime: Kerala High Court

The Kerala High Court has observed that the Prevention of Money Laundering Act 2002 (PMLA) does not intend to attach or confiscate all properties of a person connected with crime, especially those properties that were acquired before even the commission of the crime.A senior citizen and his wife have approached the Court seeking to quash an order of provisional attachment issued under the...

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 (DV Act) can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time.Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2(f) of the DV Act is not confined to...

Delhi High Court Closes Sanjay Hegde's Plea To Restore Twitter Account And Issue Guidelines On Censorship On Social Media

The Delhi High Court has recently closed the plea filed by Senior Advocate Sanjay Hegde to restore his suspended twitter account, after it was reinstated in January last year.Justice Tara Vitasta Ganju directed that that no action shall be taken against Hegde by Twitter, except in accordance with the law and applicable statutory rules and guidelines.The Court disposed of the plea which...

For Public Good: Karnataka High Court Dismisses PIL Against Govt Circular Suspending Change Of Farmers Land To Waqf Board

Dismissing a PIL for setting aside a government circular which suspended mutation of farmers and private khata properties to the waqf board after complaints were received regarding the same, the Karnataka High Court on Tuesday (December 17) said that directions were issued in public interest. The court was hearing a PIL by one Syed Ajaz Ahmed which prayed for setting aside the directions...

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite

The Karnataka High Court on Tuesday (December 17) quashed the criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'.A single judge bench of Justice M Nagaprasanna passed the order on a petition filed by one Shivaprasad. It said “Allowed and...

“Smacks Of Legal Malafides”: Allahabad High Court Imposes ₹1 Lakh Costs On Chief Medical Officer For Defying Earlier Order

The Allahabad High Court has imposed a cost of Rs. 1 lakh on the Chief Medical Officer, Saharanpur for defying the earlier order of the High Court and denying renewal of license of running medical establishment despite a temporary injunction by the Civil Court.Observing that the CMO had overreached the earlier order passed by the High Court in the same dispute, the bench of Justice Saumitra...

Kerala High Court Grants Bail To 3 Booked For Vandalising Lawyer's Office, Appreciates Advocates' Association For Lending Support To Lawyer

While granting bail to three men accused of entering an advocate's office and causing destruction of property, the Kerala High Court appreciated the participation of the Kerala High Court Advocates' Association noting that when a lawyer has a grievance the entire lawyer community and the association come together to lend its support. The President of Kerala High Court Advocates'...

Calcutta High Court Disallows Protest Seeking To Block Railways & Highways Demanding Benefits For Santhali Tribal Community

The Calcutta High Court on Tuesday declined to allow a protest by a social welfare organisation seeking to agitate rights of tribal people, particularly the Santhali community. The organisation had sought to undertake a 'rail and road roko' protest by blocking railways and national highways on 20th December to get the state government to give into their demands such as inter alia establishment...

Candidate Turns 100% Blind After Submitting Application: Rajasthan HC Permits Him To Change Category, Avail PwD Quota; Calls It 'Act Of God'

Rajasthan High Court allowed writ petition filed by a candidate for the post of a teacher for changing his category from “unreserved” to “physically handicapped” when his blindness transformed from 40% to 100% in between submission of application and publication of result.Opining it to be an instance of Vis Major (Act of God), the bench of Justice Anoop Kumar Dhand ruled that...

Special Allowance For Bank Employees On Deputation Cannot Be Excluded From Pay Fixation: Bombay HC

Bombay High Court: Justices Mangesh S. Patil and Prafulla S. Khubalkar ruled that employees of nationalized banks deputed to Debts Recovery Tribunals (DRTs) are entitled to include “special allowance” for the purpose of fixation. The court quashed part of a 2020 government communication that excluded the allowance from pay fixation. It held that the 2020 communication...

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...