Madras High Court Monthly Digest - August 2022 [Citations 326 to 375]

Citations: 2022 LiveLaw (Mad) 326 To 2022 LiveLaw (Mad) 375 NOMINAL INDEX S.Bhanupriya v. The State and others, 2022 LiveLaw (Mad) 326 P.Arumugam v. The Deputy Inspector General of Police and another, 2022 LiveLaw (Mad) 327 P.Ranganathan and another v. The State of Tamil Nadu and others, 2022 LiveLaw (Mad) 328 Vasmi Sudarshini v. The Sub Registrar, 2022 LiveLaw...

Delhi High Court Imposes ₹20 Lakhs Cost On Chinese Online Seller For Infringing Vistara Airlines' Trademark By Sale Of Identical Baggage Tags

The Delhi High Court has awarded Rs. 20 lakhs in favour of Vistara Airlines in its trademark infringement suit filed against a company selling identical keychains and baggage tags, in the same aubergine and gold colour combination, on a Chinese e-commerce platform AliExpress. It was Vistara's case that despite the e-commerce platform being based mostly in China, the website contained...

'Faraaz' Movie: Delhi High Court Allows Line-Up At London Film Festival Subject To Non-Screening

The Delhi High Court has allowed Bollywood Filmmaker Hansal Mehta and others who produced the film 'Faraaz' to file the movie's entry for screening in the BFI London Film Festival. The film is based on the 2016 terrorist attack at Holey Artisan, Dhaka, Bangladesh. It has been embroiled in a legal battle with a family that had lost their daughters in the attack; who now fear that their...

"To Cut Short Relationship At This Juncture Would Not Serve Course Of Justice": Meghalaya HC Quashes POCSO Charges Against Husband

The Meghalaya High Court has quashed charges under the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') against a husband for having 'consensual' sexual relationship with his minor wife. A Single Bench of Justice W. Diengdoh observed, "Notwithstanding the fact that a proper criminal proceeding cannot be cut short without very strong and compelling circumstances...

TN Govt Prescribed "Very Low" Parking Fees In Cinema Theaters: High Court Quashes GO

The Madras High Court recently found that the charges fixed by Tamil Nadu government for parking in cinema theaters is "very low" and directed the State to re-fix the same, keeping in view the fees levied by Municipal Corporations and Railway authorities. The development comes in a petition filed by Woodlands Theatre.Rule 91(B) of Tamil Nadu Cinemas Regulation Rules 1957 to empower states...

Sports & Physical Activities Integral To Education, All Schools Must Have Playgrounds: Madras High Court

While disposing of a petition seeking to frame a set of guidelines for proper instruction of physical education in public and private schools, the Madras High Court stressed on the need for physical education in schools. The court directed the state to constitute a committee to monitor and ensure that physical education is given due importance and requisite infrastructure in...

Mere Facebook Photos Don't Show Personal Friendship, 'Degree Of Relationship' Relevant To Determine Reasonableness Of Apprehension Of Bias: Kerala HC

The Kerala High Court recently observed that where reasonable likelihood of 'bias' in a selection process is alleged on the ground of relationship, the degree of closeness or 'nearness' of the relationship between the parties ought to be 'so great' as to give a reasonable apprehension of bias. The Division Bench composed of Justice P.B. Suresh Kumar and Justice C.S. Sudha while observing so,...

Media Should Show Sense Of Responsibility While Publishing News: Madras High Court In Kallakurichi Student Death Case

The Madras High Court recently emphasised that media should show some sense of responsibility while publishing the news, especially with regard to children. The remarks were made by Justice N Satish Kumar while considering the progress made by the investigation team in the Kallakurichi student death and the consequent violence. It is to be highlighted that media should show some sense...

S.147 MV Act | Insurance Company Not Liable To Compensate Person Travelling In Goods Vehicle Prior To 1994 Amendment: Gujarat High Court

The Gujarat High Court has held that liability cannot be fastened upon the insurance company under Section 147 of the Motor Vehicles Act, 1988 if the motor accident victim was travelling in a goods vehicle and such accident took place prior to the 1994 Amendment Act. Justice Hemant Pracchak explained: "…the present appellant insurance company is exonerated from the liability fasten...

NI Act | Joint Petition In Respect Of Different Causes Of Action Not Maintainable: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently observed that a joint petition in respect of different causes of action is not maintainable. The observation was made by Justice Sanjay Dhar in a plea moved by an accused under Section 138 of Negotiable Instruments Act, in four complaints pertaining to four different cheques. "The instant petition is not otherwise maintainable as...

Consider Declaring Elephant Corridors In Jim Corbett National Park/ Ramnagar Forest As 'Eco-Sensitive Zones': Uttarakhand HC To Centre

In a significant order, the Uttarakhand High Court has directed the Central Government to consider declaring the elephant corridors in the Jim Corbett National Park/ Ramnagar Forest as 'Eco-sensitive zones' under the Environment Protection Act. The bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe also directed the state and central governments to not allow construction in...

Ganesh Chaturthi: Bombay High Court Nod To State's Interim Policy For Idol Immersion In Artificial Ponds

The Maharashtra government has informed the Nagpur bench of Bombay High Court that it has framed a new policy for immersion of Ganpati idols made of Plaster of Paris (PoP) in artificial water bodies, instead of lakes and rivers during the Ganesh Chaturthi Festival. "In the said policy the manner in which the idols are to be immersed preferably in artificial water bodies rather...