"Serious Matter": Madras High Court Restrains Real Estate Company From Carrying Out Construction Activities In Alleged RAMSAR Site

The Madras High Court has temporarily restrained Brigade Enterprises Limited, a real estate company, from carrying out any further constructions at the Pallikaranai marshlands, which has been alleged to be a RAMSAR site. Ramsar sites are wetlands deemed to be of international importance under the Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat....

Can ED Seek Direction To State Police To Register FIR For Alleged Predicate Offence? Madras High Court Asks

The Madras High Court on Friday questioned if the Enforcement Directorate, being an investigation agency, could file a plea seeking directions to another investigation agency (State) to register cases.The bench of Chief Justice Maniindra Mohan Shrivastava and Justice G Arul Murugan was hearing a petition filed by the Enforcement Directorate seeking directions to the State of Tamil Nadu...

Aadhaar Card Holder Has Fundamental Right To Seek Alteration Of Name, Other Details: Madras High Court

The Madras High Court has held that Aadhaar card holder has the fundamental right to seek alteration of their details in the Aadhar card.Justice GR Swaminathan in his order observed that the Central Government had introduced the Aadhaar regime and the statute confers right on the Aadhaar number holder to seek alteration.Referring to the Aadhaar Act the court said that the law was...

Madras High Court Asks TN Ambedkar Law University To Permit Student With Chronic Schizophrenia To Write Exams

The Madras High Court has directed the Tamil Nadu Dr Ambedkar Law University to permit a student with chronic schizophrenia to write Semester Exams Justice Anand Venkatesh was hearing a plea by the student seeking exemption from paying the tuition fee as a person with disability. While allowing the student to write the exam as an interim measure, the court made it clear that it...

Transactions Purely Commercial; Public Trust Doctrine Can't Defeat Limitation: Madras HC Dismisses GAIL Appeals In ₹246 Cr Dispute

In an important ruling for the natural gas sector, the Madras High Court Bench of Justices G Jayachandran and Mummineni Sudheer Kumar denied appeals by GAIL (India) Limited against five natural gas supplier companies in arbitrations aggregating to Rs. 246 crores, observing that natural gas transactions are commercial and GAIL could not invoke the public trust doctrine to escape...

“Ganja” Includes Only Flowering Or Fruiting Top Of Cannabis Plant, Not Stem And Stalk: Madras High Court

The Madras High Court has held that the definition of Ganja does not include the stem and stalk, but only includes the flowering or fruiting top. Justice KK Ramakrishnan emphasised that when a contraband is accompanied by stems and seeds, the weight of the flowering or fruiting top alone is to be considered for ascertaining the commercial quantity. “At the cost of repetition,...

Can A Law Be Challenged For Alleged Lack Of Discussion In Parliament? Madras High Court Asks In Plea Against New Criminal Laws

The Madras High Court on Thursday questioned whether the constitutional validity of a central legislation can be challenged on the ground that there was no proper deliberation or discussion in the Parliament, at the time of passing the law. The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan was hearing a batch of pleas challenging the constitutional validity...

'National Security Policy Can't Be Stalled On Technicalities': Madras High Court Upholds Conversion Of Ordnance Factories Into Defence PSUs

The Madras High Court recently dismissed a petition filed against the decision of the Union Government's decision to convert production units of Ordnance Factory Board into seven Defence Public Sector Units. The bench of Justice R Suresh Kumar and Justice Hemant Chandanagoudar rejected the argument put forward by the employees' association that the decision was made even before...

Petition U/S 34 A&C Act Filed With Deficit Court Fee Is Non-Est Unless Paid Within Limitation Period: Madras High Court

The Madras High Court held that filing of a petition with deficit court fee does not amount to proper presentation. If the entire court fee is not deposited within the limitation period under section 34(3) Arbitration and Conciliation Act, 1996 (Arbitration Act), the court is divested of its power to condone the delay. Justice N. Anand Venkatesh held that "filing of a petition...

Test Of Prejudice Irrelevant When Tribunal Is Constituted Without Consent Of JV Partner: Madras High Court Sets Aside Arbitral Award

The Madras High Court set aside an arbitral award passed against M/s Nilakantan & Brothers Constructions Pvt. Ltd. (“the petitioner”) on the ground that since the arbitral tribunal was constituted without obtaining the consent of a Joint Venture Partner, it lacked jurisdiction. The court further held that the appointment cannot be validated merely on the ground that no...

Grandparents Executing Adoption Deed On Behalf Of Unmarried Daughter Is Valid If Done With Her Consent: Madras High Court

The Madras High Court recently held that in case of adoption of an unmarried woman's child, an adoption deed executed by the grandparents would be valid, when it is shown that the mother had concurred to such adoption. “The mere fact that the grandparents of the child had executed the adoption deed alone cannot make the adoption deed invalid so long as the adoption deed was...

Document Presenter Can't Avoid Stamp Duty By Withdrawing Instrument Before Registration: Madras High Court

The Madras High Court recently held that a presenter of a document for registration cannot seek its return without paying the deficit stamp duty decided by the registering authority or the collector. The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq noted that, as per the provisions of the Indian Stamp Act and the registration Rules, when a document or instrument...