Madras High Court
Madras High Court Asks DMK MP To Vacate Government Land Within One Month, Says Government Cannot Grant Lands On Own Whims And Fancies
The Madras High Court recently directed DMK MP Dr. V Kalanidhi to vacate the Government Land, where he was running a private hospital, within one month and directed the government authorities to initiate actions to recover all; lawful dues from him as per law. “The petitioner (Kalanidhi), being the sitting Member of Parliament, one month's time is granted to him to vacate the...
Husband Taking 'Academic Break' Doesn't Extinguish His Duty To Maintain Wife And Children: Madras High Court
While refusing to interfere with an order of maintenance made by the Family Court, the Madras High Court has observed that a husband is liable to pay maintenance to his wife and child even if he is on an academic break to pursue a Ph.D. “The amount awarded in our opinion would be just about sufficient for sustainance of one human being at the cost of living today. Merely...
Fees To Arbitrator Has To Be Treated On Parity With The Fees Of The Liquidator And Must Be Given A Preferential Status In Terms Of Priority Of Dues: Madras High Court
The High Court of Madras has held that the fees to arbitrator has to be treated on parity with the fees of the liquidator and must be given a preferential status in terms of priority of dues. The bench of Justice Abdul Quddhose observed that if the arbitrator’s are not paid their dues, the object of arbitration will get defeated as competent arbitrators would hesitate to...
Moratorium Under IBC Does Not Bar Payment Of Fees To Arbitrator Due Prior To Moratorium: Madras High Court
The High Court of Madras has held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not affect the payment of fees to the arbitrator for the award passed before the moratorium was declared. The bench of Justice Abdul Quddhose has held that mere initiation of insolvency proceedings against an entity should not be a ground to deny the legitimate fees...
Fees Fixed By The Arbitrator Cant Be Challenged, After Unconditional Acceptance By The Party: Madras High Court
The High Court of Madras has held that once a party has unconditionally accepted the fees fixed by the arbitral tribunal during the arbitral proceeding cannot later challenge the fees of the arbitral tribunal by filing petition under Section 39(2) of the A&C Act. The bench of Justice Abdul Quddhose clarified that as per Section 39(1) of the Act, the arbitral tribunal possesses a...
Madras High Court Weekly Round-Up: September 11 to September 17, 2023
A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 261 To 2023 LiveLaw (Mad) 270 NOMINAL INDEX Lyca Productions v. Vishal Krishna Reddy, 2023 LiveLaw (Mad) 261 Mohamed Dayan v The District Collector and Others, 2023 LiveLaw (Mad) 262 VP Sarathi v Kiruthigha, 2023 LiveLaw (Mad) 263 Lyca Productions v Vishal Krishna Reddy,...
In Special Sunday Sitting, Madras High Court Stays Single Judge Order Allowing Sale Of Ganesh Idols Containing Plaster Of Paris
In a special Sunday sitting, a division bench of the Madras High Court has stayed an order of a single judge allowing the sale of Ganesh idols made using Plaster of Paris.On Saturday, Justice GR Swaminathan of the Madurai bench observed that while the sale of Vinayaka idols made of plaster of Paris cannot be restricted, their immersion in water bodies can be restricted. The single judge had...
Ganesh Idols Containing Plaster Of Paris Can't Be Immersed, But Can Be Sold : Madras High Court
UPDATE : In Special Sunday Sitting, Madras High Court Stays Single Judge Order Allowing Sale Of Ganesh Idols Containing Plaster Of ParisWhile trying to strike a balance between the right to carry on trade and the need to protect the environment, the Madras High Court has observed that while the sale of Vinayaka idols made of plaster of Paris cannot be restricted, their immersion in...
'Sanatana Dharma' Is A Set Of Eternal Duties, Idea Being Gained That It's Only About Promoting Casteism & Untouchability: Madras High Court
"Untouchability in a country of equal citizens, cannot be tolerated, and even if it is seen as permitted somewhere within the principles of 'Sanathana dharma', it still cannot have a space to stay", the Court said.
Bias Can't Be Alleged By Beneficiary Of Bias: Madras HC Judge Refuses To Recuse From Hearing Suo Motu Revision Against Minister Ponmudi's Acquittal
While rejecting a request for recusal made by the Directorate of Vigilance and Anti-Corruption and the TN Minister K Ponmudi, Justice Anand Venkatesh noted that as per settled law, a plea of bias could not be raised by a party that would be a beneficiary of such bias. In the previous hearing, Senior Advocate Siddharth Luthra, appearing for the DVAC had submitted that...
Kalakshetra Sexual Harassment: Madras High Court Warns Foundation Of Contempt Action If Alleged Perpetrator Not Prohibited From Campus
The Madras High Court on Thursday asked the Kalakshetra Foundation to ensure that the faculty member who has been alleged of sexually harassing students in the foundation not be permitted inside the campus. Justice N Seshasayee was hearing the pleas filed by a group of students from Rukmini Devi College of Fine Arts, functioning under Kalakshetra Foundation, seeking to formulate...
TN Preventive Detention Law | Grounds To Be Supplied To Detenu "As Soon As Possible", Even A Day's Delay Violates Article 22(5): High Court
The Madras High Court has made it clear that the five-day period for communicating the grounds of arrest to a detenu under Section 8 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982 (TN act 14 of 1982) should be strictly adhered to as the right to make an effective representation against detention is sacrosanct under Article 22(5) of the Constitution. Section 8(1) of the...