Madras High Court Weekly Round-Up: July 17 To July 23

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad)199 To 2023 LiveLaw (Mad) 205 NOMINAL INDEX C v S, 2023 LiveLaw (Mad) 199 RS Bharathi v. The Director of Vigilance and Anti Corruption and another, 2023 LiveLaw (Mad) 200 The State v S Ramasamy, 2023 LiveLaw (Mad) 201 Novi Digital Entertainment Pvt Ltd v Google LLC and others, 2023 Livelaw (Mad) 202 Jagadheeswari and Others v B Babu Naidu, 2023 LiveLaw (Mad) 203 Senthilvel v. Inspector of Police, 2023 LiveLaw (Mad) 204 K Thangarasu @ K Thangaraj v The Secretary, 2023 LiveLaw (Mad) 205 REPORTS When Wife Initiates Proceedings For Vindication Of Her Rights, It Can Never Be Considered Mental Cruelty: Madras High Court Sets Aside Divorce Decree Case Title: C v S Citation: 2023 LiveLaw (Mad) 199 While setting aside a divorce decree, the Madras High Court said that when a wife initiates proceedings for vindication of her rights, it can never be termed as mental cruelty. Justice R Vijayakumar of the Madurai Bench said: “This Court is of the considered opinion that the divorce petition lacks pleadings with regard to the mental cruelty, desertion and the deposition of the husband relating to the said allegation do not support the case of the husband. The litigation initiated by the wife is only to protect her property rights and her custody of her son. When the initiation of such proceedings is for the vindication of her rights, the said proceedings can never be considered to be a ground for mental cruelty”. Executive Merely Implementing Whatever Is Dictated By Party In Power, Political Parties Have Carefully Manipulated System: Madras High Court Case Title: RS Bharathi v. The Director of Vigilancce and Anti Corruption and another Citation: 2023 LiveLaw (Mad) 200 While criticising the Director of Vigilance and Anti Corruption for ordering a fresh inquiry against the former CM Edapaddi Palaniswami, the Madras High Court said that even almost 73 years since the Constitution of India started governing this country, the "harsh reality" is that the Executive has almost lost its independence and it has virtually turned into an organ "merely executing whatever is said/dictated/ordered by the political party, which is in power during the relevant point of time." Justice N. Anand Venkatesh said that over a period of time, the political parties have carefully manipulated the system to such an extent that they have complete control over the Executive. ALSO READ:Fresh Preliminary Inquiry Ordered Against Former CM Edappadi Palaniswami Only Because Of Change In Govt, Not Due To Fresh Material: Madras High Court Nominate Nodal Officer To Deal With Requests Of Departments For Engaging AG, Other Law Officers; Clear Bills Expeditiously: Madras High Court To State Case Title: The State v S Ramasamy Citation: 2023 LiveLaw (Mad) 201 The Madras High Court has directed the State Government to nominate a Nodal Officer in the rank of Secretary or Additional Secretary of the State Government for dealing with the requests of various departments for the purpose of engaging Advocate General or Additional Advocate Generals in courts. The directions were issued by a bench of Justice R Suresh Kumar and Justice KK Ramakrishnan in a plea filed by the State challenging an earlier order of a single judge directing the State to repay the eligible fee payable to S Ramasamy, former Additional Advocate General of Tamil Nadu from 2006-2011. Pending proceeding, the amount payable to Ramasamy was already paid and acknowledged by him. Madras High Court Restrains Google From Delisting Disney+ Hotstar App From Play Store Over Failure To Accept New Payment Policy Case Title: Novi Digital Entertainment Pvt Ltd v Google LLC and others Citation: 2023 Livelaw (Mad) 202 The Madras High Court has temporarily restrained Google from delisting the mobile applications of Disney+ Hotstar from its Play Store. The court also directed Google to deduct only a 4% fee for in-app purchases made on the app. Justice PT Asha passed the directions Tuesday on an application made by Novi Digital Entertainment, a subsidiary of Star India Private Limited which owns the online video streaming platform- Hotstar. Burial At Non-Designated Places Contravenes Rules, Take Steps To Exhume Such Bodies And Bury In Designated Places: Madras High Court Full Bench Case Title: Jagadheeswari and Others v B Babu Naidu Citation: 2023 LiveLaw (Mad) 203 A full bench of the Madras High Court on Thursday ruled that after the Tamil Nadu Village Panchayat (Provision of Burial and Burning Grounds) Rules 1999, came into force, any burials made at places that are not registered or licensed as Burial Grounds contravenes the rules and such bodies are to be exhumed and buried in proper designated places. The bench of Justice R Mahadevan, Justice G ...

Madras High Court Weekly Round-Up: July 17 To July 23

Upasana Sajeev

Tags