Provisions Of Maternity Benefits Act Prevail Over Contractual Conditions, Would Apply To Contractual Employees: Madras High Court

The Madras High Court recently reiterated that the provisions of the Maternity Benefits Act would prevail over any contractual conditions set up by the employer to deny maternity benefits to a woman. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy observed that the benefits of the Maternity Benefits Act would be applicable to contractual employees and...

Order Granting Leave Under Section 92 CPC Is Judicial Order And Amenable To Revisional Jurisdiction: Madras High Court

The Madras High Court has recently observed that an order granting leave under Section 92 of the Civil Procedure Code is a judicial order and not an administrative order. The court added that being a judicial order, it was also amenable to revisional jurisdiction of courts. The court thus took a different stand than what had been previously taken by the Madras High Court. “I...

Award Can Be Set Aside On Grounds Of Patent Illegality If Decision Of Arbitrator Is Perverse Or Irrational: Madras High Court

The Madras High Court Bench of Justice C.Saravanan held that patent illegality as a ground for setting aside an Award is available only if the decision of the Arbitrator is found to be perverse or so irrational that no reasonable person would have arrived at the same or the construction of the contract is such that no fair or reasonable person would take or that the view of the Arbitrator...

Madras High Court Dismisses Plea Seeking Probe Into Data Breach At Star Health Insurance

The Madras High Court on Wednesday dismissed a plea filed by Cyber Security expert Himanshu Pathak seeking a probe into the alleged security breach at Star Health Insurance. Pathak had also filed an interim petition seeking to stay the online business of the company in light of the recent data leak. Justice M Dhandapani dismissed the plea noting that a civil suit filed by the...

Magistrate Can Take Cognisance Of Offence Based On Protest Petition Even If He Declined To Take Cognisance Of Police Report: Madras High Court

The Madras High Court recently observed that the Magistrate was empowered to take cognizance of an offense based on a complaint or a protest petition after filing the final report even if he had earlier declined to take cognizance based on the police report. Justice P Dhanabal observed that the Magistrate could take cognizance even if the accused persons were discharged. The...

Employer Must Substantiate Misconduct Charges With Documentary Evidence, Mere Allegations Without Proof Insufficient: Madras HC

Madras High Court: A Division Bench of Justices M.S. Ramesh and C. Kumarappan upheld a Labour Court order reinstating an employee terminated on charges of theft and misconduct, holding that disciplinary action must be supported by substantial evidence rather than mere allegations. The Court emphasized that the employer's failure to produce essential records like stock registers to prove...

Madras High Court Reserves Orders On TN Speaker M Appavu's Plea Seeking To Quash Defamation Complaint By ADMK's Babumurugavel

The Madras High Court has reserved orders on a petition filed by Tamil Nadu Speaker Muthuvelayudha Perumal Appavu seeking to quash a defamation complaint filed against him by AIADMK member Babumurugavel. Justice G Jayachandran reserved the orders on Tuesday after hearing Senior Advocate P Wilson for the Speaker and Senior Advocate John Sathyan for Babumurugavel. Murugavel had...

Samsung Opposes Trade Union's Plea In Madras High Court For Registration After Company's Name, Says Union Has Political Affiliations

Samsung India Electronics Pvt Ltd has objected to the registration of the Samsung India Thozhilalar Sangham before the Madras High Court. Justice RN Manjula, on Tuesday, allowed an impleading petition by the company in an ongoing proceeding by the union seeking its registration. The court noted that in the interest of justice, it was appropriate to include Samsung as a party to...

UAPA | Requirements Of S.43B Met When Remand Requisition Report Containing Grounds Of Arrest Is Served On Accused: Madras High Court

The Madras High Court recently observed that the requirements under Section 43B of the Unlawful Activities (Prevention) Act is met when the remand requisition report, containing the grounds of arrest is served on the accused. As per Section 43B of the UAPA, any officer arresting a person under Section 43A shall, as soon as may be, inform him of the grounds for such arrest.A...

Plea Opposing Online Release Of Vikram Starrer 'Thangalaan' For Allegedly Targeting Vaishnavites Withdrawn From Madras High Court

A plea challenging the online release of Vikram starrer 'Thangalaan' was withdrawn in the Madras High Court last week. The withdrawal of the petition has paved way for the online release of the movie which has been directed by PA Ranjith. A division bench of Chief Justice KR Sriram and Justice Senthilkumar Ramamoorthy in its October 19 order noted the submissions and dismissed the...

Mutual Respect Between Lawyers And Prison Authorities Paramount To Vindicate Grievances Of Prisoners: Madras High Court

The Madras High Court recently observed that mutual respect between lawyers and prison authorities was paramount to vindicating the grievances of the prisoners. The court added that both the lawyers and the prison authorities were working for the benefit of the prisoners and must ensure mutual respect through the process. The bench of Justice SM Subramaniam and Justice V Sivagnanam...

Family Courts Should Not Insist On Physical Presence Of Parties While Presenting Petition And For Future Hearings: Madras High Court

In a significant decision, the Madras High Court has held that the Family Courts should not insist on the physical presence of the parties/spouses at the time of presenting the petition and for future hearings. Justice M Nirmal Kumar observed that virtual proceedings provided an opportunity to modernize the system and make it more affordable and citizen-friendly. The court thus held...