Madras High Court Weekly Round-Up: January 16 to January 22, 2023

A weekly round-up of important cases from the Madras High Court and its subordinate courts. Citations: 2023 LiveLaw (Mad) 15 To 2023 LiveLaw (Mad) 24 NOMINAL INDEX Tamil Nadu State Transport Corporation (Coimbatore) Ltd and another v. B Rajeswari, 2023 LiveLaw (Mad) 15 Rathinam v State, 2023 LiveLaw (Mad) 16 M Mahalakshmi v. M Vijayakumar, 2023 LiveLaw (Mad) 17 Pugazendhi Thangaraj v. Inspector of Police, 2023 LiveLaw (Mad) 18 Timothy Donald Archer v. The Foreigner Regulation Registration Offer and others, 2023 LiveLaw (Mad) 19 Rajeshwari v State, 2023 LiveLaw (Mad) 20 G Shanmugasundar v. The Principal Secretary to Government and others, 2023 LiveLaw (Mad) 21 Sankareswari and another v. The District Collector and others, 2023 LiveLaw (Mad) 22 M/s AQJ Apparels Private Limited v. M/s Mmunna Garments and another, 2023 LiveLaw (Mad) 23 Tvl.Thiruvannamalaiyar Transport Versus The Deputy State Tax Officer, 2023 LiveLaw (Mad) 24 REPORT Can't Deny Maternity Benefits On Technicalities, Woman Cannot Be Forced To Swing Between Motherhood And Employment: Madras High Court Case Title: Tamil Nadu State Transport Corporation (Coimbatore) Ltd and another v. B Rajeswari Citation: 2023 LiveLaw (Mad) 15 While dismissing an appeal preferred by Tamil Nadu State Transport Corporation against a single judge order directing the organization to pay maternity benefits to a temporary employee, the Madras High Court recently held that welfare legislation like the Maternity Benefits Act cannot be denied merely on the basis of technicalities. Highlighting the importance of maternity benefits for women, Justice S Vaidyanathan and Justice Mohammed Shaffiq went on to observe that a woman must not be forced to swing between motherhood and work like a pendulum and that even in Hindu mythology, women who sacrificed their lives for their families were considered at par with God. Madras High Court Directs State To Compensate Man Detained For 8 Months Despite Acquittal Case Title: Rathinam v State Citation: 2023 LiveLaw (Mad) 16 The Madras High Court recently directed the State to award interim compensation to a man who was illegally detained in prison for more than 8 months even after the court had acquitted him of his murder charges. Justice Sunder Mohan noted that since the man was not aware of his rights, he had not preferred an appeal and as such was not aware of his acquittal. Thus, it was necessary for the court to come to the aid of such persons. ALSO READ: Ensure Prisoners Can Access Kiosks In Their Own Language: Madras High Court To State District Collector Can Take Disciplinary Action Against Subordinate Officer Over Failure To Maintain Child: Madras High Court Case Title: M Mahalakshmi v. M Vijayakumar Citation: 2023 LiveLaw (Mad) 17 While hearing a petition to transfer a matrimonial dispute from Pudukottai to Ponneri in Tamil Nadu, the Madras High Court noted that the father, who was working as a Village Administration Officer was not paying interim maintenance to his 10 year old daughter. While directing him to make such payment irrespective of visitation rights, Justice SM Subramaniam also directed the District Collector to take strict action against the officer under service rules if he failed to pay such interim maintenance. Madras High Court Quashes Conditions Imposed By Police Against Oratory Competition On Prabhakaran’s Birth Anniversary, Permits Speeches Eulogising LTTE Leader Case Title: Pugazendhi Thangaraj v. Inspector of Police Citation: 2023 LiveLaw (Mad) 18 The Madras High Court has allowed a petition filed by director Pugazendhi Thangaraj and relaxed the conditions imposed on celebrating the birth anniversary of late LTTE Leader Prabhakaran. Though the court relaxed the conditions imposed by the police, Justice G Chandrasekharan stressed that the event should not affect the sovereignty of the nation or its friendly relations with other nations. COVID-19 Pandemic: Madras High Court Directs Centre To Permit UK National To Exit India Without Payment Of Penalty For Overstay Case Title: Timothy Donald Archer v. The Foreigner Regulation Registration Offer and others Citation: 2023 LiveLaw (Mad) 19 The Madras High Court has directed the Centre to allow a UK national to return to his country without payment of any penalty for the overstay. The man was stranded in India due to the COVID-19 pandemic. The court took note of a submission that Ministry of Home Affairs has clarified that the foreign nationals who got stranded in India on account of Covid-19 Pandemic, may apply for an exit permit which would be granted on gratis basis, without levy of any overstay penalty. Justice GR Swaminathan of the Madurai bench directed the authorities to expeditiously grant exit permit to the UK national on his renewed passport, so that he can return to his...

Madras High Court Weekly Round-Up: January 16 to January 22, 2023

Upasana Sajeev

Tags