Madras High Court Weekly Round-Up: April 3 To April 9

A weekly round-up of important cases from the Madras High Court: Citations: 2023 LiveLaw (Mad) 109 To 2023 LiveLaw (Mad) 114 NOMINAL INDEX X v. State of Tamil Nadu and others, 2023 LiveLaw (Mad) 109 Priya Dharshini and another v. State of Tamil Nadu and others, 2023 LiveLaw (Mad) 110 K Marimuthu v. The Secretary to Government and others, 2023 LiveLaw (Mad) 111 Vishal Krishna Reddy v Lyca Productions, 2023 LiveLaw (Mad) 112 Neyatitus v. The Regional Passport Officer, 2023 LiveLaw (Mad) 113 Commissioner of Income Tax Versus Sri. R. Rajagopal Tondaiman, 2023 LiveLaw (Mad) 114 REPORTS 'Violation Of Privacy, Loss Of Reputation': Madras High Court Asks State To Compensate Woman Falsely Implicated In Case Under Immoral Traffic Act Case Title: X v. State of Tamil Nadu and others Citation: 2023 LiveLaw (Mad) 109 The Madras High Court has directed the State Government to pay a compensation of Rs 2 lakh to a woman who was falsely implicated in a case under the Immoral Traffic Prevention Act 1956. Justice R Vijayakumar of the Madurai bench noted that the State could not shirk its liability by claiming that the officers involved were not performing their official duty. Further, the court rejected the State's defence that the charge sheet was quashed on the basis of a detailed enquiry conducted by it and thus it was not liable to pay compensation. Celebrity Couples Sneak Through Surrogacy Laws While Those Eligible Denied Treatment By Authorities Unaware Of Statutory Procedures: Madras High Court Case Title: Priya Dharshini and another v. State of Tamil Nadu and others Citation: 2023 LiveLaw (Mad) 110 The Madras High Court has directed the State of Tamil Nadu to form District Medical Boards in all districts under the provisions of the Surrogacy Act 2021. The court added that members of these Boards may not necessarily be from the medical colleges as the Act does not contain such stipulation. Justice GR Swaminathan of the Madurai bench also noted that the authorities should be well versed with the procedures under the Act so that the applications are disposed of expeditiously. Further, since the intending parties had to approach the Judicial Magistrate for matters concerning parentage and custody, it was necessary to sensitise the judicial officers also. Lawyers' Right To Be Considered For Empanelment In Nationalised Banks Is Fundamental Right, Time To Review Existing Procedures: Madras High Court Case Title: K Marimuthu v. The Secretary to Government and others Citation: 2023 LiveLaw (Mad) 111 Observing that the right to be considered for "appointment/empanelment" in a bank is a fundamental right of citizens, the Madras High Court recently directed all the Nationalised and Public Sector Banks to review their existing procedures for empanelment of lawyers. Justice SM Subramaniam said that the existing procedures are not in consonance with the established procedure and are against the constitutional mandate. The court added that the prevailing procedures enable the banks to empanel lawyers as per their whims and fancies, thus depriving opportunity for rightful candidates. The court also added that absence of a definite procedure will lead to corruption, favouritism and nepotism. The court observed that while those lawyers, who had God Fathers could solicit the authorities and seek empanelment, the other lawyers, would lose out on opportunities thus affecting their fundamental rights. Madras High Court Restrains Actor Vishal From Releasing Any Movie Until He Deposits ₹15 Crore To Credit Of Suit Filed By Lyca Productions Case Title: Vishal Krishna Reddy v Lyca Productions Citation: 2023 LiveLaw (Mad) 112 The Madras High Court has directed Actor and Producer Vishal Krishna Reddy, more popularly known as Vishal to deposit a sum of Rs 15 crore to the credit of suit filed by entertainment company Lyca Productions. The court has also restrained Vishal from releasing any movie in Theatres or in the OTT platform which he has produced or financed, until then. The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy were hearing the original side appeal filed by the actor challenging this direction by the single judge directing him to make a fixed deposit for ₹15 crore to the credit of the civil suit and hand over the original FD receipts to the Registrar of the High Court in connection with a suit regarding non payment of loan amount. "We Are Still Stuck In Patriarchal Notions": Madras High Court Directs Issue Of Passport To Man Whose Mother Was Indian And Father A Srilankan Refugee Case Title: Neyatitus v. The Regional Passport Officer Citation: 2023 LiveLaw (Mad) 113 The Madras High Court recently directed the Regional Passport authority to consider the representation of a man who had applied for an Indian Passport. Since his birth certificate...

Madras High Court Weekly Round-Up: April 3 To April 9

Upasana Sajeev

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