Madras High Court
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...
Compelling Spouse To Convert In Inter-Religious Marriage Amounts To Mental Cruelty, Violates Right To Life: Madras High Court
'The institution of marriage under every personal law is a holy unison of two souls. But in the name of God, in the name of religion, when a woman in a marriage or a man in a marriage is compelled to convert to the religion of the other for the sake of securing the matrimony would amount to shattering the foundation of the matrimony itself,' the Court said.
"Education Will Provide Hope, Better Life When Free": Madras HC Asks Prison Authorities To Give Books, Basic Facilities To Undertrial Prisoner
While disposing of an undertrial prisoner's plea alleging mistreatment inside the Puzhal Central Prison, the Madras High Court emphasized that the education of a prisoner could provide scope for hope as it would help them lead a better life when they are out of the prison. The bench of Justice SM Subramaniam and Justice M Jothiraman observed that a prisoner was entitled to basic...
Armstrong Murder Case | Madras High Court Issues Directions To Improve Security Inside Court Premises
The Madras High Court has ordered steps to be taken to increase security inside the court campus in light of the allegation that the persons accused in connection with the murder of BSP leader Armstrong were handed over country bombs inside the court campus. It may be noted that while the security of the High Court building is being looked after by the CISF, the security of the...
Minor Girl Has Autonomy To Decide If She Wants To Continue With Pregnancy Or Not: Madras HC Permits Termination Of 28-Week Pregnancy
While allowing a minor girl's mother's application to permit termination of a 28-week pregnancy, the Madras High Court observed that the minor girl, who was 16 years old had domain over her body and had the autonomy to make a decision regarding continuing her pregnancy or otherwise. Noting that the minor had clearly mentioned her willingness to terminate the pregnancy, Justice S...
Ventilating That A Particular Religion Is Treated In A Particular Manner Doesn't Promote Hatred Between Classes U/S 505(2) IPC: Madras HC
The Madras High Court has observed that merely ventilating about the manner in which a particular religion is treated would not constitute an offence under Section 505 of the IPC. Section 505(2) pertains to statements creating or promoting enmity, hatred or ill-will between classes. It stats that whoever makes, publishes or circulates any statement or report containing rumour or alarming...
Ex-Serviceman Not Employed When Applying For Recruitment Can Claim Concession While Applying For Multiple Posts: Madras High Court
The Madras High Court recently observed that the proviso to Section 3(j) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 which prohibits an ex-serviceman once recruited from claiming concession for further recruitment, should be interpreted as applying to ex-servicemen who are already recruited on the date of the application. Thus, the court clarified that the...