Madras High Court Weekly Round-Up: February 19 - February 25, 2024

Citations: 2024 LiveLaw (Mad) 73 To 2024 LiveLaw (Mad) 82 NOMINAL INDEX The Under Secretary to Govt v RK Venkatachalam and Others, 2024 LiveLaw (Mad) 73 Siva and Others v State and Another, 2024 LiveLaw (Mad) 74 Dr. Shri Harish v Union of India, 2024 LiveLaw (Mad) 75 (T) CMA (PT) No.88 of 2023 (OA/14/2017/PT/CHN), 2024 LiveLaw (Mad) 76 G Bhagavath Singh v The Commissioner of Police, 2024 LiveLaw (Mad) 77 N Ilango v The Chief Secretary, 2024 LiveLaw (Mad) 78 XYZ v Kalakshetra Foundation and Others, 2024 LiveLaw (Mad) 79 C Rasu v The Principal Secretary and Commissioner, 2024 LiveLaw (Mad) 80 Tvl.Transtonelstory Afcons Versus The Assistant Commissioner (CT), 2024 LiveLaw (Mad) 81 Dharma v Inspector of Police, 2024 LiveLaw (Mad) 82 REPORT 'Read Schemes Harmoniously': Madras HC Directs MHA To Give Pension To 94-Yr-Old Ex-Army Personnel Who Was Incarcerated In Rangoon Jail In 1945 Case Title: The Under Secretary to Govt v RK Venkatachalam and Others Citation: 2024 LiveLaw (Mad) 73 While observing that the schemes in the Swatantrata Sainik Samman Yojana have to be read harmoniously, the Madras High Court recently directed the Union Government to provide pension to a nonagenarian former member of the Indian National Army who was incarcerated in Rangoon (Myanmar) back in 1945. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy noted that in cases where the persons belonging to the Indian National Army were incarcerated in a foreign country, it would be difficult to strictly adhere to the criterion provided in the scheme and in such cases, the scheme had to be read harmoniously. The court noted that while mainland prisoners could produce certificate from the jail authorities to prove their claims, the members of the INA, who were incarcerated in other countries could not produce such certificates. The court also noted that if insistence was made regarding the certificate of co-prisoners, it would become an eligibility instead of proof. Madras High Court Grants Bail To Men Booked Under SC/ST Act On Undertaking To Pledge Allegiance To Constitution Against Untouchability Case Title: Siva and Others v State and Another Citation: 2024 LiveLaw (Mad) 74 The Madras High Court recently granted bail to three men who were accused under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, after they undertook to file affidavits pledging allegiance to the Constitution stating that they would not practice social discrimination or untouchability. Noting that the investigation was in the penultimate stage and the charge sheet was also to be filed shortly, the court was inclined to grant bail upon the filing of the undertaking. Madras High Court Refuses To Stall Formula 4 Night Racing, Asks State To Conduct Race With Highest Degree Of Public Safety Case Title: Dr. Shri Harish v Union of India Citation: 2024 LiveLaw (Mad) 75 The Madras High Court on Monday refused to stall the Formula 4 night street racing scheduled to be held in Chennai. Though the race was initially proposed to be held in early December 2023, it was later postponed following the Michaung Cyclone. The bench of Justice R Mahadevan and Justice Mohammed Shaffiq have now dismissed a batch of pleas challenging the conduct of the race. The court noted that the State had decided to conduct the race as part of its policy decision to promote sports and had already spent huge amounts making enormous efforts for the race. The court was thus not inclined to stall the race and prevent the state from implementing its policy decision. The court thus permitted the race to be conducted on the dates to be fixed by the State in consultation with the stakeholders. The court also directed that the race be conducted with highest regard for public safety and asked the organisers to install necessary silencing equipment for noise control and to provide necessary protective gear to the public viewers. S. 2(1)(ja) Patents Act | Person Skilled In 'Art' Is Someone Whose Skill Is Greater Than The Average Person: Madras High Court Citation: 2024 LiveLaw (Mad) 76 While elaborately discussing who would be a “person skilled in the art” under the Patents Act, the Madras High Court recently observed that a person skilled in the art is someone who has a skill level good/greater than the average person. Further, the court noted that the educational/academic or vocational qualifications of the person would depend on the art. The court added that work experience would be a requirement as an ordinary person with requisite educational qualification but no work experience would not be a skilled person. The court also remarked that such a person should be able to use the tools of the trade. With respect to identifying the person skilled in the art, the court observed that the person could be...

Madras High Court Weekly Round-Up: February 19 - February 25, 2024

Upasana Sajeev

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