Madras High Court
Co-Operative Societies Not Public Authorities, Not Bound By Right To Information Act: Madras High Court Reiterates
The Madras High Court has recently held that co-operative societies registered under the Tamil Nadu Co-operative Societies Act do not fall within the definition of “public authority” under Section 2(h) of the Right to Information Act and thus are not bound by the Act. Justice Bhavani Subbaroyan thus set aside an order passed by the State Information Commissioner directing...
Madras High Court Declines To Quash FIR Against BJP's Kesava Vinayagam, But Asks Police Not To Disturb Him
The Madras High Court has refused to quash the FIR registered against Bharatiya Janatha Party (BJP) Organising Secretary Kesava Vinayagam in connection with the seizure of Rs.3.99 crore from a train for alleged bribing of voters during the 2024 Lok Sabha Elections. Justice G Jayachandran observed that though the plea for quashing the FIR was not maintainable, the court needed to...
Madras High Court: Adjudicating Authority Must Exercise Jurisdiction Akin To Revisional Jurisdiction To Assess The Correctness Of COC's Actions
The Madras High Court bench of Justice N. Seshasayee held that though the Adjudicating Authority may not substitute the commercial wisdom of the Committee of Creditors ('CoC'), however, it must exercise jurisdiction akin to revisional jurisdiction to assess the correctness of the actions taken by the CoC. Background Facts: National Sewing Thread Co. Ltd. (Petitioner), a...
Madras High Court Urges Parliament To Assess Efficiency Of IBC And Consider Recovery Percentage From Successful Resolution Processes
The Madras High Court bench of Justice N. Seshasayee urged the Parliament to assess and evaluate the working efficiency of the Insolvency and Bankruptcy Code, 2016 ('IBC') and questioned whether the Parliament has considered the general recovery percentage achieved from a successful corporate debtor resolution process. Background Facts: National Sewing Thread Co. Ltd. (Petitioner),...
“Men In Power Will Come And Go, But You Should Be Faithful To Court”: Madras High Court To Govt Advocates In Savukku Shankar's Case
Criticizing the state for failing to file a counter affidavit in the Habeas corpus plea against Youtuber Savukku Shankar's detention, Justice G Jayachandran, on Thursday, remarked that people in power will change, but advocates were expected to be faithful to the court. “This court is not for some media persons report. We have to make sure that justice is done properly. Men...
Seniors Extracting Work From Junior Lawyers Without Pay Violates Fundamental Rights: Madras HC Suggests Bar Council To Fix Minimum Stipend
The Madras High Court has suggested the Bar Council of Tamil Nadu and Puducherry to fix a minimum stipend for engaging a junior lawyer to ensure his livelihood is protected. Justice SM Subramaniam and Justice C Kumarappan noted that often, young lawyers were unable to survive due to meager payments from their senior lawyers. The court added that senior lawyers who extracted work...
If Justice Swaminathan Was Affected By External Factors, He Should Have Recused: Third Judge On Split Verdict In Savukku Shankar Detention Case
The Madras High Court on Thursday ruled that the split verdict passed concerning the detention of YouTuber Savukku Shankar was without following the principles of natural justice granting fair opportunity. The court thus directed the matter to be heard afresh by the bench dealing with habeas corpus pleas. The order was made by Justice G Jayachandran, the third judge appointed by the Acting...
Govt Servants, Investigating Officers Expected To Discharge Duty And Ensure 'Truth Alone Triumphs': Madras High Court
The Madras High Court recently remarked that an investigating officer is expected to conduct the investigation in a fair manner and find out the genuineness of a complaint. Justice B. Pugalendhi remarked that the motto of the Government is Truth alone triumphs and thus, it is the responsibility of every government servant to ensure the same. “The motto of the government in its...
Wife Merely Filing Dowry Demand Complaint Against Husband Not Cruelty Unless Shown That It Is False: Madras High Court
While denying relief to a husband seeking divorce on the grounds of cruelty, the Madras High Court has observed that a wife merely filing a complaint in the police station would not amount to cruelty, unless the husband proves that the complaint was a false dowry demand complaint. Justice R Subramanian and Justice R Sakthivel thus observed that they could not find fault with...
Madras High Court Directs Govt To Consider Representation Seeking Regulation Of Pet Boarding Facilities Across State
The Madras High Court has directed the state government to consider a representation for regulating the Pet Boarding Facilities in the state. The bench of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq thus disposed of a plea field by Antony Clement Rubin, an animal rights activist. The court directed the State to consider Rubin's representation and pass orders...
Madras High Court Monthly Digest - May 2024
Citations: 2024 LiveLaw (Mad) 181 To 2024 LiveLaw (Mad) 227 NOMINAL INDEX H Raja v State, 2024 LiveLaw (Mad) 181 Safai Karamchari Andolan v Union of India and Others, 2024 LiveLaw (Mad) 182 Ms. Monisha v The National Testing Agency and another, 2024 LiveLaw (Mad) 183 State of TN & Ors Vs. C. Arnold, 2024 LiveLaw (Mad) 184 S. Madhavan vs M/s THG Publishing Pvt....
Madras High Court Seeks ECI's Response On Plea To Educate Voters Against Seeking Votes On Basis Of Religion, Caste And Language
The Madras High Court has directed the Election Commission of India to respond to a plea seeking a system for educating voters against the corrupt practice of seeking votes in the name of religion, caste or language and uphold the Constitution of the country.The bench of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq directed the ECI to respondent within 12 weeks.The petition...