Ex-Parte Orders Can Have Disastrous Consequences, Should Be Passed Only In Case Of Real Emergency: Madras High Court

The Madras High Court recently emphasized that courts should refrain from passing ex-parte orders in a routine manner and must only pass such orders when there is a real emergency which was shown through the plaint and averments. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy noted that ex-parte orders can have disastrous consequences and could possibly bring...

"Shows Your Mindset": Madras HC Orally Criticises National Medical Commission For Terming Gender Identity As "Disorder"

The Madras High Court, on Monday (February 3)', orally criticized the National Medical Commission (NMC) for its proposed medical curriculum prepared by the body pertaining to gender and sexuality. Justice Anand Venkatesh, who has been issuing a slew of directions concerning the rights of persons belonging to the LGBTQIA+ orally observed that the NMC's curriculum, which continued using...

Madras High Court Weekly Round-Up: January 27 to February 2, 2025

Citations: 2025 LiveLaw (Mad) 25 To 2025 LiveLaw (Mad) 40 NOMINAL INDEX P. Anandasundaresan v. M/s. Akshaya Pvt Ltd, 2025 LiveLaw (Mad) 25R Kathiravan v The Divisional Engineer and Others, 2025 LiveLaw (Mad) 26Los Gatos Production Services India LLP v Wunderbar Films Private Limited, 2025 LiveLaw (Mad) 27The Secretary TNPSC v R Saravanan and Others, 2025 LiveLaw (Mad) 28Thirumaran v...

Executing Courts Can't Annul Arbitral Awards Solely On Ground Of Unilateral Appointment Of Arbitrator: Madras High Court

The Madras High Court bench of Justice N. Sathish Kumar has observed that the issue of ineligibility of the arbitrator cannot be raised during the pendency of the execution proceedings. The court held that the Executing Courts cannot suo motu dismiss the Execution Petition(s) solely on the ground of unilateral appointment of an arbitrator. The court held that the executing...

Madras High Court Dismisses Plea By Flipkart Owners Sachin And Binny Bansal Challenging ED's Show Cause Notice For Alleged FEMA Violation

The Madras High Court has dismissed the writ petitions filed by Flipkart owners Sachin and Binny Bansal challenging the complaint made by the Deputy Director, ED, and the subsequent show cause notice issued by the Adjudicating Authority for violating provisions of the Foreign Exchange Management Act (FEMA) and the Transfer or Issue of Security by a Person Resident Outside India,...

GST Registration And Payment Of Tax After Inspection Is Not Voluntary Conduct: Madras High Court

The Madras High Court stated that GST registration and payment of tax after inspection is not a voluntary conduct.The Bench of Justice K. Kumaresh Babu observed that “there is a deliberate attempt to evade payment of tax by not registering himself under the Act and also issuing receipts as donation to the Trust. Only after the inspection they have agreed to pay the tax by...

Proviso To S.10A Of IBC Doesn't Bar CIRP Applications Where Default Continues Beyond Moratorium Period: Madras High Court

The Madras High Court bench comprising Justice S.S. Sundar and Justice P. Dhanabal has held that the proviso to Section 10-A of the Insolvency and Bankruptcy Code (IBC) does not extend to cases where the default continues beyond the moratorium period. The court noted that Section 10-A only imposes a moratorium temporarily suspending the initiation of the Corporate...

"Not Everyone Can Come To Court": Madras High Court Asks TN Home Secretary To Ensure Prompt Filing Of FIR, Final Reports

The Madras High Court on Friday asked the Tamil Nadu Home Secretary to ensure that FIRs and Final Reports are filed by the police department promptly after following due procedures of law.Justice P Velmurugan also dispensed with the appearance of Home Secretary Dheeraj Kumar whom he had instructed to appear personally. The court also told the Home Secretary that it did not intend to summon...

Right To Practise Religion Cannot Be Denied On Mere Apprehension Of Law & Order: Madras HC Allows Construction Of Bible Study Centre

The Madras High Court recently allowed the construction of a Bible Study Centre by the District Secretary of the CSI Church Erichamamoottu Villai in the Kanyakumari District. The bench of Justice RMT Teeka Raman and Justice N Senthil Kumar observed that the rights guaranteed under Articles 25 and 26 of the constitution could not be curtailed or taken away on mere apprehension of law...

“You're Not Even In India”: Madras High Court Dismisses Nithyananda's Plea For Appointment As Madathipathi In Three Mutts

The Madras High Court, on Friday, dismissed an appeal filed by Swami Nithyananda seeking to be appointed as the Madathipathi or Head of three Mutts - Sri Somanatha Swami Temple & Mutt at Thiruvarur, Sri Arunachala Gnanadesikar Swami Temple & Mutt at Vedaranyam, and Sri Po.Ka.Sathukal Madam at Vedaranyam. Dismissing his appeal, the bench of Justice R Subramanian and Justice...

“Pe” Is Commonly Used Word In Payment Services Industry: Madras High Court Dismisses PhonePe's Trademark Infringement Suit

The Madras High Court recently dismissed a suit filed by PhonePe to declare its mark as a well known trademark and to grant permanent injunction against “BundlePe” and “LatePe”. Justice P Velmurugan observed that the term “Pe” was not a unique or distinct one as claimed by PhonePe and was commonly used word in the payment services industry. The court noted that the word,...

Madras HC Finds Shaadi.com's "30-Day Money Back Guarantee" Ad Slogan Prima Facie Misleading, Says Real Terms 'Tucked In Fine Print'

The Madras High Court has held that a recent advertisement of the matrimonial company Shaadi.com giving money back guarantee if unable to find a bride/groom in 30 days is prima facie misleading and deceptive. Justice RMT Teeka Raman observed that real terms of the offer, which is "contrary" to the promise made in the ad, are "tucked in fine print". As per the terms and conditions, the...