State Shouldn't Reject Premature Release Of Convict By Merely Citing "Heinous Crime", Must Give Reasons: Madras High Court

The Madras High Court recently asked the State government to reconsider and recirculate its decision to reject a life convict's pre-mature release. Justice SM Subramaniam and Justice V Sivagnanam noted that the State had rejected the request of the prisoner by merely stating that he had committed a heinous crime and that he had not served 14 years in prison. Noting that reasons were...

Madras High Court Stays Single Judge Order Which Held Apartment Owners Association Cannot Claim Transfer Fee On Every Resale Of Flat

The Madras High Court has stayed the order of a single judge which had ruled that the flat owners could not charge a transfer fee on every resale of the flat. The bench of Justice D Krishnakumar and Justice PB Balaji have stayed by 8 weeks the order passed by the single judge. The stay was granted on an appeal filed by the Ankur Grand Owners Association challenging the May 2023...

UGC Regulation On Selection Committee For Appointment Of Assistant Professor Not Applicable To Minority Institutions: Madras High Court

The Madras High Court recently held that the UGC regulations prescribing setting up of a selection committee for the appointment of assistant professor was not applicable to minority institutions. Justice RN Manjula noted that since the selection committee includes outsiders, giving them the power to select the appointees for the post of Assistant Professors would amount to...

Madras High Court Weekly Round-Up: September 23 to September 29, 2024

Citations: 2024 LiveLaw (Mad) 357 To 2024 LiveLaw (Mad) 366 NOMINAL INDEX Ramesh Flowers Private Limited v. Mr.Sumit Srimal, 2024 LiveLaw (Mad) 357 S.Muralidharan v Madras High Court and Others, 2024 LiveLaw (Mad) 358 TNEB Accounts and Executive Staff Union v. The Principal Secretary to Government and Others, 2024 LiveLaw (Mad) 359 Hameed Ibrahim v The Deputy Director,...

Despite Tamil Nadu Being A Better Law Enforcing State, There's An Increasing Trend Of Police Encounters: Madras High Court

The Madras High Court today lamented the rising trend of police encounters in the state of Tamil Nadu. The court observed that despite being one of the better law enforcement State, there was an increase in incidents of criminals allegedly attempting to attack police officials and ending up being shot or injured. “It is with anguish, that this Court notices despite the State of Tamil...

If DNA Test Reveals Husband Is Not Child's Father, He Need Not Implead Wife's Paramour In Proceedings Under Indian Divorce Act: Madras HC

The Madras High court recently observed that not impleading wife's alleged paramour as a co-respondent is not fatal to a plea for divorce on the ground of adultery, when the DNA test already proves that the husband is not the father of the child. Justice P Velmurugan and Justice KK Ramakrishnan observed that once it is proved that the wife was leading an adulterous life, the husband...

'Animals Don't Have Rights But State Instrumentalities Must Ensure Safe Environment': Madras HC Orders Compensation For Cow's Death By Electrocution

The Madras High Court has ordered compensation to a man whose cow died to electrocution after it stepped into a puddle into which electricity had leaked from a nearby transformer. Justice GR Swaminathan noted that though animals did not have any rights as such, the State had a duty to ensure a safe environment for them. The judge added that courts have a duty to invoke...

Justice KR Shriram Sworn In As Chief Justice Of Madras High Court

Justice Kalpathi Rajendran Shriram has been sworn in as the Chief Justice of the Madras High Court. The oath of office was administered to him by Governor of Tamil Nadu RN Ravi at the Raj Bhavan in Chennai on 27th September 2024 at 10:00 am.The swearing-in ceremony was attended by the President of India, Shri Ram Nath Kovind, former Supreme Court judge Justice Indira Banerjee, former CJI...

Wife Threatening To Commit Suicide, Filing False Dowry Harassment Case Would Amount To Mental Cruelty: Madras High Court

Granting divorce to a husband, the Madras High Court recently observed that a wife threatening to commit suicide would amount to cruelty. Justice S Srimathy noted that in the case, the husband had written letters to his mother, within 8 months of marriage indicating his agony wherein he had stated that the wife was threatening to commit suicide. The court noted that there was an element...

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus

The Madras High Court has directed the Family Court in Chennai to number a petition filed by a wife for restitution of conjugal rights without insisting on evidence that she and her husband are Hindus. Justice V Lakshminarayanan noted that though the husband had filed a divorce petition claiming that the couples were Christians while the wife had filed the petition for restitution...

Madras High Court Issues Notice To Centre On Plea Seeking Regulation Of Content On OTT Platforms

The Madras High Court has issued notice to the Central Government on a plea directing the Government to immediately intervene and take appropriate steps to regulate and publish movies, web series, serials, and other programs broadcasted on the OTT website as per the current censorship system and regulate OTT platforms. The bench of Justice R Subramanian and Justice Victoria Gowri...

Madras High Court Issues Notice On Plea Seeking Direction To Trial Courts To Refrain From Mentioning Caste, Religion Of Witnesses

The Madras High Court has issued notice on a public interest litigation seeking a direction to the trial courts in the state judiciary to refrain from mentioning the caste and religion of witnesses in the depositions and any other documents, unless it is directly relevant to the case. The bench of Justice R Subramanian and Justice Victoria Gowri ordered notice on a plea filed by...