Madras High Court Weekly Round-Up: September 18 To September 24, 2023

Citations: 2023 LiveLaw (Mad) 271 To 2023 LiveLaw (Mad) 277 NOMINAL INDEX EDAC Engineering v. Industrial Fans (India) Pvt Ltd, Application Nos 2080 and 4609 of 2021, 2023 LiveLaw (Mad) 271 Dr. V. Kalanidhi v State of Tamil Nadu, 2023 LiveLaw (Mad) 272 SV v. MR, 2023 LiveLaw (Mad) 273 Selvam v State, 2023 LiveLaw (Mad) 274 Mariappan v Inspector of Police, 2023 LiveLaw...

Illegal Fee Of Advocate Is Not A Legal Claim: Madras High Court Quashes Proceedings Against Client For Dishonour Of Cheque Paid To Advocate

The Madras High Court recently came to the rescue of a client who had been proceeded against the Negotiable Instruments Act based on a complaint by a lawyer for dishonor of cheque by observing that a fee, which is per se illegal as per the Legal Practitioners Rules, will not be a legal claim and a legal liability could not be fastened upon the client to pay the same. Justice...

Plea In Madras HC Seeks To Limit Number Of Advocates Appearing For A Litigant, Says It's Becoming A Culture For Politicians To Gather Mass

A lawyer has approached the Madras High Court seeking framing of rules as to the maximum number of advocates who may appear and accompany a litigant, including VIPs and VVIPs, whenever they appear in the subordinate courts. Chief Justice SV Gangapurwala and Justice PD Audikesavalu noted that though submissions were made with respect to the powers of the Bar Council to frame rules,...

Trade Marks Act | Time Limit For Counter Statement To Notice Of Opposition Would Run From The Date Of Receipt Of E-Mail: Madras High Court

The Madras High Court recently observed that the time limit of two months prescribed under Section 21(2) of the Trade Marks Act 1999 for filing a counter-statement to a notice of opposition would run from the date of receipt of the E-mail and not from the date of sending the E-mail. While Section 21(2) of the Trade Marks Act says that the applicant should send the...

No Presumption Of Guilt Of Accused U/S 29 POCSO Act If Prosecution Fails To Establish Probability Of Foundational Facts: Madras High Court

The Madras High Court has recently observed that though there is a statutory presumption with respect to the guilt of an accused under the Prevention of Children from Sexual Offences Act (POCSO), this presumption will not operate when the prosecution has failed to prove some foundational facts with respect to the case. “In a case under POCSO Act, the prosecution is required to...

Youtuber Savukku Shankar Moves Madras High Court Seeking Criminal Contempt Action Against RS Bharathi For Remarks Against Sitting Judge

Youtuber and commentator A Shankar, popularly known as “Savukku Shankar” has approached the Madras High Court seeking to initiate criminal contempt proceedings against former DMK MP RS Bharathi for his “scandalizing remarks” against Justice Anand Venkatesh, judge of Madras High Court. Though Advocate P Vijendran requested for an urgent hearing, the bench of Chief...

Madras HC Temporarily Restrains Minister Udhayanidhi Stalin From Making Defamatory Statements Against Edappadi Palaniswami

The Madras High Court on Thursday granted interim injunction in favour of Edappadi Palaniswami, General Secretary of All India Anna Dravida Munnetra Kazhagam (AIADMK) thus restraining Youth Welfare and Sports Development Minister Udayanidhi Stalin from making defamatory statements against the former.Justice RN Manjula observed that both Palaniswami and Udhayanidhi Stalin were political...

Prisoner And His Fundamental Rights Do Not Part Ways At Prison Gates: Madras High Court Allows 40 Days Ordinary Leave To Life Convict

While allowing the plea of a life convict prisoner to go on ordinary leave for 40 days, the Madras High Court emphasized that the fundamental rights of a prisoner do not end at the prison gates. The court noted that the prisoner had sought leave to make arrangements for the admission of his children and to repair his homestead both of which were covered by the Tamil Nadu Suspension...

Madras High Court Asks DMK MP To Vacate Government Land Within One Month, Says Government Cannot Grant Lands On Own Whims And Fancies

The Madras High Court recently directed DMK MP Dr. V Kalanidhi to vacate the Government Land, where he was running a private hospital, within one month and directed the government authorities to initiate actions to recover all; lawful dues from him as per law. “The petitioner (Kalanidhi), being the sitting Member of Parliament, one month's time is granted to him to vacate the...

Husband Taking 'Academic Break' Doesn't Extinguish His Duty To Maintain Wife And Children: Madras High Court

While refusing to interfere with an order of maintenance made by the Family Court, the Madras High Court has observed that a husband is liable to pay maintenance to his wife and child even if he is on an academic break to pursue a Ph.D. “The amount awarded in our opinion would be just about sufficient for sustainance of one human being at the cost of living today. Merely...

Fees To Arbitrator Has To Be Treated On Parity With The Fees Of The Liquidator And Must Be Given A Preferential Status In Terms Of Priority Of Dues: Madras High Court

The High Court of Madras has held that the fees to arbitrator has to be treated on parity with the fees of the liquidator and must be given a preferential status in terms of priority of dues. The bench of Justice Abdul Quddhose observed that if the arbitrator’s are not paid their dues, the object of arbitration will get defeated as competent arbitrators would hesitate to...

Moratorium Under IBC Does Not Bar Payment Of Fees To Arbitrator Due Prior To Moratorium: Madras High Court

The High Court of Madras has held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not affect the payment of fees to the arbitrator for the award passed before the moratorium was declared. The bench of Justice Abdul Quddhose has held that mere initiation of insolvency proceedings against an entity should not be a ground to deny the legitimate fees...