Madras High Court Weekly Round-Up: October 28 to November 3, 2024

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw (Mad) 407 To 2024 LiveLaw (Mad) 415 NOMINAL INDEX ABC v. XYZ, 2024 LiveLaw (Mad) 407 Mahalingam Balaji v. The Secretary and Others, 2024 LiveLaw (Mad) 408 The Assistant Director v The State and Others, 2024 LiveLaw (Mad) 409 K Jayakumar v The State of Tamil Nadu and Others, 2024 LiveLaw (Mad) 410 DMK ICF Labour Union v. Union of India, 2024 LiveLaw (Mad) 411 Suo Motu v The Deputy Superintendent and Others, 2024 LiveLaw (Mad) 412 S Kalavathi v State and Others, 2024 LiveLaw (Mad) 413 R v B, 2024 LiveLaw (Mad) 414 M.Palanisamy v The Director of Town Panchayats, 2024 LiveLaw (Mad) 415 REPORT When Muslim Wife Disputes Issuance Of Talaq, It Is Upon Husband To Obtain Judicial Declaration For Dissolution Of Marriage: Madras High Court Case Title: ABC v. XYZ Citation: 2024 LiveLaw (Mad) 407 The Madras High Court recently held that when a wife disputes the issuance of talaq by the Muslim husband, it is upon the husband to obtain a judicial declaration that marriage was validly dissolved. Justice GR Swaminathan noted that Talaq under Muslim personal laws involved a certain procedure which had to be strictly complied. The court thus observed that if the husband claimed to have given talaq to the wife, and the same was disputed by the wife, the only appropriate and legally permissible course would be for the husband to obtain a judicial declaration that marriage is validly dissolved. Court Not An Expert In History Of Origin Of Race: Madras High Court Asks State To Review Aryan-Dravidian Theory Taught In Schools Case Title: Mahalingam Balaji v. The Secretary and Others Citation: 2024 LiveLaw (Mad) 408 The Madras High Court recently refrained from passing any orders on a plea questioning the Aryan-Dravidian race theory taught in educational institutions. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy remarked that the court was not an expert in the history of origin of race and thus could not grant the relief as requested for. The court thus observed that it was for the experts to determine whether the claims made by the petitioner on the two race theory was valid or not. PMLA | Enforcement Directorate Is Well Within Rights To Challenge Closure Report In Predicate Offence: Madras High Court Case Title: The Assistant Director v The State and Others Citation: 2024 LiveLaw (Mad) 409 The Madras High Court recently held that once a complaint under the Prevention of Money Laundering Act was registered, the Enforcement Directorate was within its right to challenge the closure report filed in the Predicate Offence if the same resulted in miscarriage of justice. The bench of Justice SM Subramaniam and Justice V Sivagnanam reiterated that the PMLA was a standalone offence and that when a closure report was filed in the predicate offence, it would not automatically close the PMLA proceedings also. The court thus quashed a closure report filed by the State police and taken on file by the Magistrate in connection with a cases involving lottery baron Santiago Martin and his wife. Madras High Court Directs State To Ensure That Persons Holding Diploma In Siddha Medicine Do Not Practice It Case Title: K Jayakumar v The State of Tamil Nadu and Others Citation: 2024 LiveLaw (Mad) 410 The Madras High Court recently directed the State Government and the Director General of Police to ensure that those having a diploma certificate in Siddha Medicine are not practicing Siddha Medicine. The court added that such a situation would create havoc in the society which was already dealing with several cases of quacks. Justice B Pugalendhi was hearing a petition filed by K Jayakumar, claiming to be a doctor practicing Siddha Medicine seeking directions to the police not to harass him or interfere with him running the Siddha clinic. Secret Ballot Mandatory For Union Recognition In Railway Production Units; Madras HC Sets Precedent Case Title: DMK ICF Labour Union v. Union of India Citation: 2024 LiveLaw (Mad) 411 A Division Bench of Justice M.S. Ramesh and Justice C. Kumarappan directed the Integral Coach Factory (ICF) to implement a Secret Ballot System for trade union recognition, replacing the existing Staff Council model. The Court found that the current system, which splits representation equally between management-nominated officials and worker-elected representatives, impedes effective worker representation and violates Article 19(1)(c) of the Constitution. The Court mandated that the Railway Board establish procedures for secret ballot elections within three months, ensuring democratic union representation in the Joint Consultative Machinery (JCM). Gross Impropriety And Abuse of Judicial Power: Madras HC Sets Aside Discharge Of Former CM Panneerselvam In DA Case Case Title: Suo Motu...

Madras High Court Weekly Round-Up: October 28 to November 3, 2024

Upasana Sajeev

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