“Judiciary Has Broad Shoulders To Take On Any Criticism”: Madras HC While Quashing Criminal Case Against Political Commentator Badri Seshadri

The Madras High Court recently quashed the criminal proceedings initiated against political commentator Badri Seshadri for making adverse comments about the Chief Justice of India for taking up suo moto cognisance of the violence in Manipur. Seshadri was arrested on July 29, 2023 and later granted bail on August 1, 2023 by the District Munisff-cum-Judicial Magistrate court in...

Madras HC Refuses Compensation To Lawyer Injured By Police Action On 'Unlawful' PFI March, Says Private Persons Must Also Uphold Rule Of Law

While refusing relief to a lawyer seeking compensation for the injuries he sustained at the hands of the police in connection with a PFI march, the Madras High Court emphasised that law applies not only to the State machinery but also to individuals. Justice GR Swaminathan of the Madurai bench was constrained to make the statement after noting that the petitioner and other members of...

Legislation Against Land Grabbing Need Of The Hour, Appoint High Level Committee To Uncover Illegalities In Govt Property Dealings: Madras HC

While lamenting that lang grabbing by the powerful is an offence against the State and in turn an offence against the people of the State, the Madras High Court stressed on the need to bring in a legislation against land grabbing to ensure criminal prosecution against land grabbers. Justice SM Subramaniam observed that lands under Government custody had to be used for public welfare...

Madras HC Junks Plea Challenging Dismissal Of Complaint Against Ex-Congress MP, ABP News Channel Over 'Defamatory' Post On RSS

The Madras High Court recently dismissed a Revision plea filed against a December 2016 order of the Magistrate Court in Chennai dismissing a complaint filed against former Congress MP Nirmal Khatri and ABP News for posting an alleged defamatory post against an RSS worker. “In the considered view of this Court, the order passed by the Court below does not suffer from apparent...

“Students Cannot Be Put To Injury”: Madras High Court Directs Special Exams For Students Admitted In College Without Recognition

The Madras High Court has directed the Tamil Nadu Teachers Education University to conduct special exams for the students of Arulmighu Kalasalingam College of Education who were admitted in the academic year 2021-2022, while the college did not have recognition. Considering the plight of the students, the bench of Justice SS Sundar and Justice Bharatha Chakravarthy directed the...

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped

While setting aside a preventive detention order made by the State for detention of a lawyer in connection with smuggling under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, the Madras High Court noted that the live and proximate link between grounds of detention and purpose of detention had snapped. Justice M Sundar and Justice R...

Advocates Tend To React Aggressively Due To Profession, Shouldn't Be Prosecuted For It: Madras HC Quashes FIR Against Lawyer For Obstructing Survey

While quashing an FIR filed against an advocate for obstructing revenue officials from carrying out a survey, the Madras High Court noted that though the advocate had acted strongly, his intention was not to prevent the Government Officials from performing their duties but to protect and safeguard the rights of his client. “It may be true that the petitioner had expressed...

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, the...

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...