Madras High Court Weekly Round-Up: February 20 To February 26 2023

Citations: 2023 LiveLaw (Mad) 57 To 2023 LiveLaw (Mad) 66 NOMINAL INDEX Jay Shah v. The Commissioner of Police and others, 2023 LiveLaw (Mad) 57 M/s Galatea Limited v. The Registrar General and others, 2023 LiveLaw (Mad) 58 Lakshmanan v. The Secretary SHRC, 2023 LiveLaw (Mad) 59 Shankar @ Savukku Shankar v. State and others, 2023 LiveLaw (Mad) 60 C.Ve. Shanmugam v. Election Commission of India and another, 2023 LiveLaw (Mad) 61 State v. VD Mohanakrishnan, 2023 LiveLaw (Mad) 62 M/s. Transtonnelstroy – Afcons (JV) v. M/s.Chennai Metro Rail Ltd, 2023 LiveLaw (Mad) 63 C Kasthuriraj v. The State, 2023 LiveLaw (Mad) 64 The Child rep. by her mother v. State of Tamil Nadu and others, 2023 LiveLaw (Mad) 65 M Narasimhan v. State, 2023 LiveLaw (Mad) 66 REPORT No Bar On Hookah Services In Restaurants If Designated Smoking Area Is Provided As Per Law: Madras High Court Case Title: Jay Shah v. The Commissioner of Police and others Citation: 2023 LiveLaw (Mad) 57 While granting relief to a hotel owner, the Madras High Court has recently held that there is no prohibition under law for providing Hookah services in restaurants if same is run conforming to the provisions of “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, supply and Distribution) Act, 2003” and also “The Prohibition of Smoking in Public Places Rules, 2008”. The court noted that as per law, a separate smoking area, i.e. a separately ventilated smoking area with the board “Smoking Area” in English or one Indian language is a must. The restaurants should further display the Health advisory message against smoking at the entrance of the restaurant and that the entry of persons below 18 years should be prohibited. “Delay By State Leaving Aggrieved Persons In Lurch”: Madras High Court Directs TN Govt To Notify Inauguration Of Its Intellectual Property Division Case Title: M/s Galatea Limited v. The Registrar General and others Citation: 2023 LiveLaw (Mad) 58 The Madras High Court has directed the State government to notify the inauguration of its Intellectual Property Division. Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy observed that the High Court registry has taken all possible steps to start the Intellectual Property Division and that the delay was on the part of the State. The court also noted that the draft Rules were placed before the Full Court and approved. The Committee had also directed the Registry to approach the government to notify the rules. Following this, the registry addressed the State government for issuing the direction and has been constantly following up. However, the State was yet to notify the rules. Every Instance Of Casual Police Enquiry Cannot Be Termed As Human Rights Violation: Madras High Court Case Title: Lakshmanan v. The Secretary SHRC Citation: 2023 LiveLaw (Mad) 59 The Madras High Court has recently observed that though there are instances of human rights violation in police stations, every instance of casual police enquiry cannot be termed as a Human Rights Violation. The bench of Justice VM Velumani and Justice R Hemalatha noted that accusing police officers of human rights violation at the drop of a hat may be demoralising for the entire police force. Madras High Court Dismisses Youtuber Savukku Shankar's Plea To Donate Books To Prisoners Case Title: Shankar @ Savukku Shankar v. State and others Citation: 2023 LiveLaw (Mad) 60 The Madras High Court has dismissed a petition filed by YouTuber Shankar @ Savukku Shankar challenging the Director General of Prisons' refusal to accept book donations made by him. After noting that the petitioner himself has not read the books, Justice CV Karthikeyan dismissed the plea on the ground that the petitioner failed to explain how the books would be useful for the prisoners [Erode East Bypoll] Election Commission Lists Steps To Ensure Free & Fair Election; Madras High Court Disposes AIADMK Organising Secretary's Plea Case Title: C.Ve. Shanmugam v. Election Commission of India and another Citation: 2023 LiveLaw (Mad) 61 The Madras High Court has disposed of a petition filed by AIADMK Organising Secretary C. Ve Shanmugam seeking a direction to the Election Commission to ensure free and fair conduct of the Erode (East) Bye Election. Shanmugam had sought for deployment of Central paramilitary forces and permitting identification of voters only through their identity cards and not the booth slips. Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy took note of the submissions made by the Election Commission listing out the steps taken to ensure smooth conduct of the election. Madras High Court Holds Court Officer Guilty Of Taking Bribe For Job, Sentences Him To 3 Years Rigorous Imprisonment Case Title:...

Madras High Court Weekly Round-Up: February 20 To February 26 2023

Upasana Sajeev

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