Madras High Court Monthly Digest - May 2025

Citations: 2025 LiveLaw (Mad) 163 to 2025 LiveLaw (Mad) 182NOMINAL INDEX M. Maheshwaran and others v. The Chairman & Managing Director and others, 2025 LiveLaw (Mad) 163 J Manohar Dass v. Komathi and Others, 2025 LiveLaw (Mad) 164 Bank of Baroda v. The Chairman and Others, 2025 LiveLaw (Mad) 165 Dr Anita R Ratnam v. Meta Platforms, 2025 LiveLaw (Mad) 166S Nagarajan...

State Has No Authority To Withhold Retiral Benefit Dues On Account Of Pending FIR When Challan Was Filed In 2005: Punjab & Haryana High Court

The Punjab and Haryana High Court has directed to release retiral benefits of a former police officer, withheldi due to a pending FIR registered nearly two decades ago.The Court noted that the challan was presented before the Trial in 2005 and he is unable to get his retiral dues because of the pending FIR. "He cannot be held guilty for non-adjudication of the FIR," said the Court.Adding...

Pre-Arrest Bail In Corruption Cases Can Be Granted Only When FIR Was Filed On Political Vendetta Or Prima Facie False Implication: P&H High Court

The Punjab & Haryana High Court has made it clear that the anticipatory bail in corruption case can be granted only in exceptional cases, the court is required to be prima facie satisfied either of false implication, political vendetta, or manifest frivolity in the complaint.Justice Manjari Nehru Kaul said, "it is well settled law, and reaffirmed by the Hon'ble Supreme Court in Devinder...

Welfare Government Should Strive To Enforce Prohibition, Not Establish More Liquor Shops: Madras High Court

Ordering the closure of a TASMAC shop situated on a public road, the Madras High Court recently observed that a welfare government should strive to enforce prohibition rather than establishing more TASMAC shops, which affects the public health. “Therefore, it is a constitutional philosophy and the Directive principles insist that a welfare Government should strive wholeheartedly...

Judicial Review Can't Be Invoked To Override Recruitment Rules Framed By Competent Authority: Himachal Pradesh High Court

Himachal Pradesh High Court held that the eligibility conditions for a particular post are determined by the employer, and Courts can't modify them or frame new ones.Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “Court under the garb of judicial review can't sit over the rules to decide what is best for employer”. Background Facts:The petitioner, Akhil, completed his...

'Rashness Must Be Assessed On Case-To-Case Basis': Karnataka High Court Acquits Man Convicted For Causing Death Of Motorcyclist By Rash Driving

Observing that “rashness and negligence are multi-faceted concepts which cannot be comprehended and interpreted in isolation, it significantly depends on facts and circumstances of each case,” the Karnataka High Court recently acquitted an accused convicted for driving his car rashly and causing the death of a motorcyclist.Justice Rajesh Rai K, while allowing a revision petition filed by...

Snake Venom Case | 'Popularity Of Accused No Basis For Grant Of Protection': Allahabad HC Denies Relief To Elvish Yadav

Denying relief to YouTuber Elvish Yadav in the Snake Venom case, the Allahabad High Court recently observed that all persons are equal before the law and that the popularity or position of the accused cannot be the basis of extension of protection to him. “The popularity or position of the accused cannot be basis of extension of protection and as per law of this land each and...

NHAI Can't Collect Toll From Users Without Maintaining Highway Properly: Madras High Court

Court halted the toll collection by NHAI on Madurai-Tuticorin Highway till road was relaid & maintained in a good condition.

Exclude Creamy Layer Before Granting Reservation In Promotion To SC/ST Candidates: High Court Tells Haryana Govt

The Punjab & Haryana High Court while upholding the Haryana Government's instruction to grant reservation to Scheduled Caste candidates in promotion in Group 'A' & 'B' posts in State Government Services directed to exclude "creamy layer."Justice Jagmohan Bansal said, "this Court finds that respondent has duly complied with attributes of Article 16(4A) of the Constitution of India as...

Kerala High Court Imposes Costs On State In Land Classification Case, Takes Exception To 'Unfair' Litigation

In a notable judgment, the Kerala High Court dismissed two writ appeals filed by the State and revenue authorities, imposing costs of Rs.25,000/- on them for what the Court described as unreasonable and unfair litigation tactics. The case, heard by Dr. Justice A.K. Jayasankaran Nambiar and Justice P.M. Manoj, arose from a dispute over the classification of land owned by Mananchira...

Transfer Of Property Act | Purchasers During Pendency Of Suit Bound By Decree Of Specific Performance: Bombay High Court

The Bombay High Court stated that the purchasers during pendency of suit bound by the decree of specific performance.The Bench of Justice Madhav J. Jamdar observed that “the doctrine of lis pendens show that the need for it arises from the very nature of the jurisdiction of the Courts and their control over the subject matter of litigation so that parties litigating before it may not remove...

[S.187 BNSS] Status Of Hospitalised Arrestee Cannot Remain Unknown, Magistrate Must Verify Through Visit Or VC: Gauhati High Court

The Gauhati High Court, in an order dated June 2, emphasized that in cases where an arrestee is not produced before the magistrate within 24 hours of arrest due to medical urgency, the magistrate must verify the status of such arrestee. The court remarked that even in such cases the magistrate has to, either through a personal visit or video conferencing, verify the status of the arrestee...