Madras High Court Weekly Round-Up: March 18 to March 24, 2024

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw (Mad) 115 To 2024 LiveLaw (Mad) 130 NOMINAL INDEX Arulmigu Sundara Varadharaja Perumal Temple v Principal Secretary and Commissioner of Land Administration, 2024 LiveLaw (Mad) 115 K.N.Subramaniam Versus PCIT, 2024 LiveLaw (Mad) 116 Mohammed Ashik v Inspector of Police, 2024 LiveLaw...

Development Of Indian Medicine Like 'Siddha' Will Benefit Mankind But Not Much Attention Given After Independence: Madras High Court

The Madras High Court recently stressed the need to have clinical trials in Indian Medicine enabling it to get the required audience at international levels. The court added that the development of Indian Medicine like Siddha will not only benefit mankind but also take the pride of the country to the entire world. The remarks were made by a bench of Justice SS Sundar and Justice...

Educational Institutions Can't Claim Lien Over Student's Certificate, Withhold It On Account Of Pending Dues: Madras High Court

The Madras High Court recently reiterated that educational institutions cannot withhold the educational certificates of students with respect to pending dues. The court underlined that educational institutions cannot claim lien over the student's certificates. “However, the settled position of law in this regard is that certificates of a student cannot be withheld for arrears of fees...

“Can't Compel People To Vote”: Madras HC Dismisses Plea Seeking To Make Proof Of Voting Mandatory For Availing Paid Leave On Poll Day

The Madras High Court on Friday dismissed a plea seeking to make proof of voting mandatory for availing paid leave on polling days in the upcoming elections. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy observed that though every person had a duty to cast a vote, no one could compel a person to vote if he chose not to exercise his right. The court...

Stringent Provisions Of Detention Laws Misused In A Callous Manner, Authorities Should Refrain From Passing Careless Orders: Madras High Court

While setting aside the detention of a man under the Tamil Nadu Preventive Detention Act 14 of 1982, the Madras High Court expressed its discontentment with the manner in which the State was callously misusing detention orders. The bench of Justice MS Ramesh and Justice Sunder Mohan however refrained from passing deterrent orders against the State and hoped that the State would mend...

Six People Have Gone Missing From Isha Yoga Centre Since 2016: TN Police Informs Madras High Court

The Tamil Nadu police on Thursday informed the Madras High Court that 6 people have gone missing from the Isha Foundation in Coimbatore since 2016. The police also informed the court that an investigation into the missing cases was underway. The submissions were made before the bench of Justice MS Ramesh and Justice Sunder Mohan. The bench was hearing a habeas corpus plea filed...

Law Students Will Benefit From Practical Experience: High Court Urges State To Find Suitable Place In Chennai For Madras Law College

The Madras High Court has urged the State government to find a suitable location within the Chennai city limits for the functioning of the Madras Law College. The Madras Law College (presently known as Dr. Ambedkar Government Law College) was established in 1891 and had been functioning from the heritage building near the Madras High Court in Chennai before being shifted to Tiruvallur...

S.24 Hindu Marriage Act | Interim Maintenance Order Is Interlocutory In Nature, Can Only Be Reviewed Not Appealed: Madras High Court

The Madras High Court on Thursday ruled that orders of interim maintenance passed under Section 24 of the Hindu Marriage Act are only interlocutory orders and thus, an appeal against such orders will not lie either under Section 28 of the Hindu Marriage Act or under Section 19 of the Family Courts Act. The bench of Justice M Sundar and Justice Govindarajan Thilakavadi however added that...

Madras High Court Dismisses Plea Seeking 4% Reservation For PwD Candidates In Promotion To Post Of District Judge, Cites Non-Existence Of Service Rules

The Madras High Court recently dismissed a plea seeking reservation to a differently abled person for promotion to the post of District Judge per Section 34 of the Rights of Persons With Disabilities Act 2016. The bench of Justice SM Subramaniam and Justice K Rajasekar noted that the present service rules only provided for providing 4% reservation in direct recruitments and not...

Madras High Court Deprecates Practice Of “Rubber Stamp Cognisance”, Asks District Judiciary To Apply Mind, Give Reasons While Taking Cognisance

The Madras High Court recently criticized the practice of taking “rubber stamp cognizance” by the District Judiciary. Asking District Judges to refrain from such practices, Justice Anand Venkatesh said that the practice had been deprecated by the Supreme Court and the high court in its previous judgments. The court also said that if the judges continued to make rubber stamp...

Madras High Court Allows Daily Pooja At Villupuram Temple Sealed Over Caste Conflict But Precludes Devotees' Entry

The Madras High Court has paved way for performing daily Pooja at the Villupuram Draupathiamman temple which was sealed in June last year following caste related conflicts. Noting that the temple has existed since centuries and not performing poojas will have an impact on the sentiments of the local villagers, Justice Anand Venkatesh directed the Joint Commissioner of the HR &...

Madras High Court Dismisses Plea Challenging Allotment Of Lotus Symbol To Bharatiya Janata Party

The Madras High Court on Wednesday dismissed a plea filed by founder of Ahimsa Socialist Party, T Ramesh seeking to cancel the allotment of Lotus symbol to the Bharatiya Janata Party. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy dismissed the plea and directed Ramesh to deposit Rs. 10,000, out of the 20,000 he had deposited as a pre-condition for...