50 Important Judgments Of Madras High Court In 2023

LiveLaw reported 413 judgments from the Madras High Court in 2023. Here are some important judgments: 1. Court Cannot Send Notice To Governor: Madras High Court Rejects Plea Against Tamil Nadu Governor Over 'Office Of Profit' Claim Case Title: M Kannadasan v Union Of India Citation: 2023 LiveLaw (Mad) 5 The Madras High Court has rejected a plea by Thanthai Periyar Dravidar Kazhagam challenging Governor RN Ravi's authority to continue to hold office. Holding the petition to be non-maintainable, the bench of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy observed that the court cannot issue notice to the Governor as he enjoys immunity under Article 136 of the Constitution. 2. Madras High Court Bats For Better Prison Culture, Orders Preparation Of Prisoners' Rights Handbook Case Title: People's Watch v. The Home Secretary, Home Department (Prison) and another Citation: 2023 LiveLaw (Mad) 7 Noticing shortcomings in the manner in which prison administration is carried out at present, the Madras High Court has issued a slew of directions to the State and the Prison Department for creating a better prison environment and prison culture. The Madurai bench of Justice R Mahadevan and Justice Sathya Narayana Prasad directed the respondent authorities to also prepare a “Prisoners' Rights Handbook” highlighting the rights of the prisoners and their grievance mechanisms. A copy of this Handbook is to be given to each prisoner upon their admission. 3. No Dance Form Should Be Identified Using A Caste/Tribal Community's Name To Insult Such Community Members: Madras High Court Case Title: Po.Mu.Iraniyan @ Muthu Murugan v. The Union of India and others Citation: 2023 LiveLaw (Mad) 12 While disposing of a petition seeking to take action against cultural programmes denigrating the Kuravar community, the Madras High Court directed the state to ensure that no dance performances are identified with a community, so as to denigrate the members of the community. ..ensure that no dance performance is identified using a caste/ tribal community's name so as to insult or degrade the persons belonging to such community. The bench of Justice R Mahadevan and Justice Sathya Narayana Prasad of the Madurai bench also directed the State and police authorities not to grant permissions to such cultural programmes depicting the Kuravar community in an obscene manner. The court also directed the authorities to open a separate portal for the general public where any grievance with respect to obscene representation of the community could be raised and the related videos could be uploaded. The Cyber crime department could then look into the grievance and take appropriate action whenever necessary. 4. Commercial Courts Act | Pre-Institution Mediation Is A Pre-Suit Legal Drill, Cannot Be Post Suit Exercise: Madras High Court Case Title: Mr. AD Padmasingh Issac and others v. Karaikudi Achi Mess and another Citation: 2023 LiveLaw (Mad) 25 While rejecting a plaint by Aachi Spices and Foods seeking an injunction restraining Karaikudi Achi Mess from using a trademark name or similar sounding expression in any media, websites and other platforms, the Madras High Court has highlighted that “pre-institution mediation” mandated under Section 12A of the Commercial Courts Act is a pre-suit legal drill and it cannot be ordered as a post suit exercise. Justice M Sundar stressed that Section 12A is in the nature of a jurisdictional fact. This means that a party cannot plead that the pre-institution mediation will be carried out after the institution of the suit. Thus, any such attempt by the parties to dispense with pre-institution mediation is impermissible. 5. 'Food Safety Commissioner Can't Impose Permanent Ban': Madras High Court Sets Aside Ban On Sale Of Gutka, Pan Masala, Other Tobacco Products Case Title: The Designated Officer v. Jayavilas Tobacco Traders LLP Citation: 2023 LiveLaw (Mad) 26 The Madras High Court recently set aside a notification issued by the state Commissioner of Food Safety imposing a ban on sale of Gutka, Pan Masala, flavoured or scented food products or chewable food products that contain tobacco or nicotine. While setting aside the notification, the bench of Justice R Subramanian and Justice K Kumaresh Babu held that the commissioner had exceeded his powers while passing such a notification. The court agreed with the view taken by the Delhi High Court in Sugandhi Snuff King Pvt. Ltd. and Another v. Commissioner (Food Safety) Government of Delhi. 6. Muslim Women Can Approach Family Courts For 'Khula', Self Declared Bodies Like 'Shariat Council' Can't Certify Dissolution Of Marriage: Madras High Court Case Title: Mohammed Rafi v. State of Tamil Nadu and Others Citation: 2023 LiveLaw (Mad) 34 The Madras High Court has said that the Shariat Councils are neither courts nor ...

50 Important Judgments Of Madras High Court In 2023

Upasana Sajeev

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