S. 2(1)(ja) Patents Act | Person Skilled In 'Art' Is Someone Whose Skill Is Greater Than The Average Person: Madras High Court

While elaborately discussing who would be a “person skilled in the art” under the Patents Act, the Madras High Court recently observed that a person skilled in the art is someone who has a skill level good/greater than the average person. Justice Senthilkumar Ramamoorthy observed, “I recognise that the statute neither uses words that indicate enhanced levels of skill such...

Madras High Court Refuses To Stall Formula 4 Night Racing, Asks State To Conduct Race With Highest Degree Of Public Safety

The Madras High Court on Monday refused to stall the Formula 4 night street racing scheduled to be held in Chennai. Though the race was initially proposed to be held in early December 2023, it was later postponed following the Michaung Cyclone. The bench of Justice R Mahadevan and Justice Mohammed Shaffiq have now dismissed a batch of pleas challenging the conduct of the race. The...

'Read Schemes Harmoniously': Madras HC Directs MHA To Give Pension To 94-Yr-Old Ex-Army Personnel Who Was Incarcerated In Rangoon Jail In 1945

While observing that the schemes in the Swatantrata Sainik Samman Yojana have to be read harmoniously, the Madras High Court recently directed the Union Government to provide pension to a nonagenarian former member of the Indian National Army who was incarcerated in Rangoon (Myanmar) back in 1945. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy noted that...

Madras High Court Grants Bail To Men Booked Under SC/ST Act On Undertaking To Pledge Allegiance To Constitution Against Untouchability

The Madras High Court recently granted bail to three men who were accused under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, after they undertook to file affidavits pledging allegiance to the Constitution stating that they would not practice social discrimination or untouchability. Justice M Nirmal Kumar directed the accused men to file the affidavit...

Madras High Court Weekly Round-Up: February 12 to February 18, 2024

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw (Mad) 67 To 2024 LiveLaw (Mad) 72 NOMINAL INDEX S Gurumoorthi v State, 2024 LiveLaw (Mad) 67 Nithesh Chaudhari v The Special Director, 2024 LiveLaw (Mad) 68 Buhari @ Kichan Buhari v State, 2024 LiveLaw (Mad) 69 Rajesh Das v State, 2024 LiveLaw (Mad) 70 Abhijit Majumder v Inspector...

'Can't Conduct Mini-Trial In Bail Proceedings': ED Opposes Senthil Balaji's Bail Plea In Madras High Court

The Enforcement Directorate on Thursday opposed the bail plea moved by former Tami Nadu Minister MLA Senthil Balaji. Balaji was arrested by the ED in June last year in a cash for jobs money laundering case. During the pendency of the bail plea, Balaji had also resigned from his ministerial post. The bail plea was heard by Justice Anand Venkatesh. The court had previously taken a...

Madras High Court Quashes Revision Order Passed Under TNGST Act Against Renault Nissan For Travelling Beyond The Scope Of Revision Proceedings

The Madras High Court has quashed the revision order passed under the Tamil Nadu Goods and Service Tax Act (TNGST Act) against Renault Nissan for travelling beyond the scope of revision proceedings.The bench of Justice Senthilkumar Ramamoorthy has quashed the revision order and remanded the matter for reconsideration. The respondent department was directed to provide a reasonable...

Madras High Court Quashes FIR Against Journalist Abhijit Majumder After He Redacts Derogatory Remarks On Periyar

The Madras High Court on Tuesday quashed an FIR registered against Journalist Abhijit Majumder. The FIR was lodged by the Tamil Nadu police over derogatory remarks made on Periyar in an opinion piece written by Majumder criticizing Tamil Nadu Youth Development Minister Udhayanidhi Stalin's Sanatana Dharma remark. Justice Anand Venkatesh noted that the journalist had redacted...

Madras High Court Reserves Order On Suo Motu Revision Against Minister Periyasamy's Discharge, Questions DVAC's Inaction In Obtaining Sanction

The Madras High Court on Tuesday reserved orders on the suo motu revision taken up against the discharge of Tamil Nadu Rural Development Minister I Periyasamy in a corruption case. The case against Periyamasy was that while serving as the Minister for Housing in the DMK cabinet between 2008 and 2009, he had conspired with other persons to illegally obtain a High Income Group Plot in...

Madras High Court Refuses To Stay Conviction Of Former TN DGP Rajesh Das In Sexual Harassment Case

The Madras High Court has refused to stay the conviction of former Tamil Nadu DGP Rajesh Das in a sexual harassment case. In June 2023, the Chief Judicial Magistrate Court in Villupuram had convicted Das for sexually harassing a woman Superintendent of Police while on duty in 2021 and sentenced him to three-year imprisonment with a fine. This order was confirmed by the Principal...

Madras High Court Quashes ED's Provisional Attachment Order, Says Neither Notice Given To Party Nor Order Confirmed By Adjudicating Authority

The Madras High Court has recently set aside a provisional attachment order made by the Deputy Director of ED and confirmed by the adjudicating authority after noting that the provisional attachment was not made per law. The court noted that even on the counter, the Department could not explain how the provisional attachment could be sustained on merits. The bench of Justice MS Ramesh...

NIA Act | Restriction On Filing Appeals After 90 Days Despite Showing Sufficient Cause For Delay Against Fundamental Right: Madras High Court

The Madras High Court recently held that the word “Shall” used in Section 21(5) of the National Investigation Agency Act be read as “May” in appeals challenging the judgments of conviction and appeals challenging rejection of bail. Section 21(5) of the NIA Act reads “Every appeal under this section shall be preferred within a period of thirty days from the date of...