Madras High Court Weekly Round-Up: September 2 to September 8, 2024

Citations: 2024 LiveLaw (Mad) 335 To 2024 LiveLaw (Mad) 341 NOMINAL INDEX BL Madhavan v The Secretary and Others, 2024 LiveLaw (Mad) 335 ABC v XYZ, 2024 LiveLaw (Mad) 336 V Senthil Balaji v Deputy Director, 2024 LiveLaw (Mad) 337 Tamil Selvan v State, 2024 LiveLaw (Mad) 338 Shobha Karandlaje v State, 2024 LiveLaw (Mad) 339 Usha v The Director General of Police and Another, 2024 LiveLaw (Mad) 340 Thirumurugan v The State and Another, 2024 LiveLaw (Mad) 341 REPORT Brought Disrepute To Legal Profession: Madras High Court Calls For Action Against Lawyer Who Forged Rental Documents Case Title: BL Madhavan v The Secretary and Others Citation: 2024 LiveLaw (Mad) 335 The Madras High Court has called for action against a lawyer who misused his position and forged rental agreements. The court observed that the lawyer was liable to be prosecuted for misconduct under the Advocates Act 1961 and the Bar Council of India Rules 1975. The bench of Justice SM Subramaniam and Justice V Sivagnanam held that lawyers enjoy a status in society and are expected to maintain good conduct. In the present case, the court noted that the lawyer had abused his position which would cause disrepute to the legal profession. Muslim Wife Who Files For Divorce Is Entitled To Claim Interim Maintenance U/S 151 CPC: Madras High Court Case Title: ABC v XYZ Citation: 2024 LiveLaw (Mad) 336 The Madras High Court has ordered that courts have power under Section 151 of the Code of Civil Procedure to grant interim maintenance to a Muslim woman who has filed for divorce under the Dissolution of Muslim Marriage Act 1939. Justice V Lakshminarayanan noted that though the Act does not have a provision for granting interim maintenance, the court cannot shut its eyes when the wife comes to the court saying that she has no means. The court added that the Dissolution of Muslim Marriage Act was introduced to ameliorate the status of Muslim women and thus had to be given a purposive interpretation. Senthil Balaji Withdraws Revision Plea Against Trial Court's Refusal To Discharge Him From PMLA Proceedings Case Title: V Senthil Balaji v Deputy Director Citation: 2024 LiveLaw (Mad) 337 Former Tamil Nadu Minister Senthil Balaji who has been in ED custody since June 2023 in connection with a cash-for-job money laundering case has withdrawn a revision petition filed by him challenging the decision of the Special Judge refusing to discharge him from the proceedings. Balaji's counsel told the bench of Justice SM Subramaniam and Justice V Sivagnanam that since the trial in the PMLA case has already begun and the witness examination has already started, he wished to withdraw the revision petition. The court noted the submission and dismissed the case as withdrawn. Sexual Harassment In Sports: Madras High Court Directs State To Take Measures To Protect Athletes, Take Prompt Action Against Perpetrators Case Title: Tamil Selvan v State Citation: 2024 LiveLaw (Mad) 338 While refusing to set aside the conviction of a sports teacher who was convicted for harassing a 12th Standard student during a State-level match, the Madras High Court remarked that the right to enjoy a safe and supportive sports environment is a fundamental right of every female sports person. Justice KK Ramakrishnan noted that as per a report published by the Ungender titled 'Sexual Harassment in Sports in India', sexual harassment was at an all-time high. The court noted that perpetrators of such crimes had to be suitably dealt with. Noting that a prompt law to deal with such issues was required, the court issued directions to the Chief Secretary to the Government of Tamil Nadu to address the issue of protection of women participants in sports from sexual harassment in the interest of sports education and transparent participation of women in sports. The court also directed the State Government to permit either parents or guardians of the girl participating in state competition to accompany them at state cost to prevent harassment. Madras High Court Quashes Proceedings Against Union Minister Shobha Karandlaje After State Govt Accepts Her Apology Case Title: Shobha Karandlaje v State Citation: 2024 LiveLaw (Mad) 339 The Madras High Court on Thursday quashed the FIR registered against Union Minister Shobha Karandlaje for her remarks linking Rameshwaram Café bombers to the people of Tamil Nadu. Justice G Jayachandran allowed Karandlaje's petition after Advocate General PS Raman informed the court that considering Karandlaje's profound apology, the state has taken a policy decision to not pursue the matter further. Ordinary Leave For Prisoners: Courts Shouldn't Entertain Premature Pleas, Must Allow Competent Authority To Exercise Power: Madras High Court Case Title: Usha v The Director General of Police and Another Citation: 2024 LiveLaw (Mad) 340 ...

Madras High Court Weekly Round-Up: September 2 to September 8, 2024

Upasana Sajeev

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