HC Cannot Grant Interim Bail To Convicts Under Article 226 When Request For Premature Release Is Pending Before Govt: Madras High Court

The Madras High Court recently held that the high courts could not exercise their power under Article 226 of the Constitution to grant interim bail to a convict while their request for premature release was pending consideration before the appropriate government. The bench of Justice N Sathish Kumar and Justice M Jothiraman held that once the sentencing part is over, the convict is...

Madras High Court Restrains Makers Of “Aromaley” Film From Using Scenes And Background Music Of “Vinnaithandi Varuvaya” Movie

The Madras High Court has temporarily restrained the makers of the new Tamil movie “Aromaley” from using the scenes and background music from the 2010 Tamil movie “Vinnaithandi Varuvaya”. Justice N Senthilkumar passed the interim orders on a plea moved by RS Infotainment, producers of Vinnaithandi Varuvaya. The production company had submitted that it had produced the...

Use Of Word 'Determined' In SCN Shows Pre-Determination; S.74 Invocation Unsustainable: Madras High Court Quashes GST Demand

The Madras High Court has held that using the word 'Determined' in the show cause notice (SCN) betrays an element of pre-determination on the part of the authority. The bench highlighted that the show cause notice must clearly specify whether the assessee is being charged with fraud, suppression or wilful misstatement to invoke section 74 of the Tamil Nadu Goods and Services...

Supplementary Complaint Under PMLA Doesn't Require Fresh Cognizance: Madras High Court

The Madras High Court recently observed that a supplementary complaint under Section 44 of the Prevention of Money Laundering Act is not a fresh or independent complaint requiring the court to take cognisance. The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq held that a supplementary complaint is a part and parcel of the main complaint for which cognisance has already...

Education Should Not Merely Be Perceived As Commercial Venture, Must Remain Noble Service: Madras High Court

The Madras High Court recently ruled against colleges charging additional tuition fees in the name of a break fee/miscellaneous fee. The court also directed the Chettinad Academy of Research and Education (CARE) University to refund the deposit made by the students with interest of 6% per annum. While doing so, Justice GK Ilanthiraiyan remarked that education must not be merely viewed as...

Conversion Can Be Inferred From Conduct, Formal Ceremony Not Necessary: Madras High Court Restores Muslim-Born Woman's Divorce Plea Under HMA

The Madras High Court recently observed that when the parties have solemnised marriage in a Hindu temple as per the Hindu rites, the mutual divorce petition filed under the Hindu Marriage Act would be maintainable even though one of the parties had not converted to the Hindu religion. “As already held the second petitioner, though by birth is a Muslim, by conduct, has...

Madras High Court Asks State To Respond To Plea To Give Sanitary Napkins At Subsidised Rates Through Public Distribution System

The Madras High Court has asked the State to respond to a plea seeking the distribution of sanitary napkins at subsidised rates through the public distribution system in the State of Tamil Nadu. The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan directed the Secretary to the Ministry of Social Welfare and Women Empowerment, the Secretary to the Ministry...

Judicial Officers Are Expected To Approach Surrogacy Petitions With Sensitivity And Compassion: Madras High Court

The Madras High Court recently observed that while dealing with petitions filed under the Surrogacy (Regulations) Act seeking an order to have parentage and custody, the courts are expected to be sensitive, responsible, and compassionate without frustrating the beneficial objective of the legislation. “The judicial officers are therefore expected to approach such petitions...

Multiple Remand Orders U/S 37 A&C Act “Unworkable” Without Reversing Findings On Merits: Madras High Court

The Madras High Court held that multiple remand orders issued by courts under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) without disturbing or reversing the findings on merits recorded by earlier Single Judges were incapable of implementation. The court found the situation unprecedented and unusual holding that the statutory scheme of the Civil Procedure...

Misuse Of POCSO Act Undermines Its Objective, Trial Courts Must Take Action Against Persons Filing False Complaints: Madras High Court

The Madras High Court recently remarked that there has been an increase in misuse of provisions of the Protection of Children from Sexual Offences (POCSO) Act to settle personal scores, which ultimately undermines the true object of the Act. Justice B. Pugalendhi thus directed the trial courts to make sure that cases are registered under Section 22 of the POCSO Act against...

Madras High Court Seeks ECI's Response On Plea By Manithaneya Makkal Katchi Challenging Party's Delisting

The Madras High Court has directed the Election Commission of India to respond to a plea by the Manithaneya Makkal Katchi (MMK), challenging the ECI's order delisting the party. The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan directed ECI to file its counter within 4 weeks. The party had approached the court challenging the order passed by the...

Computer-Related Invention Not Barred U/S 3(k) Patents Act If It Demonstrates Technical Contribution: Madras High Court

The Madras High Court has recently allowed an appeal by Ab Initio Technology LLC, a US-based company, against the Patent Office's refusal and directed that the patent application be allowed, holding that the claimed invention involved an 'inventive step' to satisfy Section 2(1)(j) requirement and is not excluded as a 'computer programme per se' under Section 3(k) of the Patents...