Madras High Court Weekly Round-Up: September 11 to September 17, 2023

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 261 To 2023 LiveLaw (Mad) 270 NOMINAL INDEX Lyca Productions v. Vishal Krishna Reddy, 2023 LiveLaw (Mad) 261 Mohamed Dayan v The District Collector and Others, 2023 LiveLaw (Mad) 262 VP Sarathi v Kiruthigha, 2023 LiveLaw (Mad) 263 Lyca Productions v Vishal Krishna Reddy, 2023 LiveLaw (Mad) 264 M Rajendran v The Superintendant of Police, 2023 LiveLaw (Mad) 265 M Arasupandi v The District Collector, 2023 LiveLaw (Mad) 266 Vasanthi v Secretary to Government, 2023 LiveLaw (Mad) 267 Elangovan v The Secretary, Home Department, 2023 LiveLaw (Mad) 268 Prakash v District Collector, 2023 LiveLaw (Mad) 269 District Collector, Tirunelveli v Prakash, 2023 LiveLaw (Mad) 270 REPORT Madras High Court Restrains Release Of Vishal-Starrer “Mark Antony” For Deflecting Judicial Orders Citation: 2023 LiveLaw (Mad) 261 Case Title: Lyca Productions v. Vishal Krishna Reddy The Madras High Court on Friday restrained the release of actor Vishal-starrer “Mark Antony” which is slated to release on September 15th. Vishal was previously directed by a division bench of the court to deposit a sum of Rs 15 crore to the credit of a suit filed by entertainment company Lyca Productions. The court had also restrained Vishal from releasing any movie in Theatres or in the OTT platform which he has produced or financed, until then. Calling his behaviour “unacceptable and aimed at deflecting court orders”, Justice PT Asha restrained the release of his upcoming movie and also directed Vishal to appear in court on the next hearing. Senior Citizen Can Reclaim Property If Neglected By Child, 'Love And Affection' Implied Consideration For Transfer: Madras High Court Citation: 2023 LiveLaw (Mad) 262 Case Title: Mohamed Dayan v The District Collector and Others The Madras High Court has observed that the phrase “subject to condition” employed in Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has to be understood holistically to mean an implied condition to maintain the senior citizen. Justice SM Subramaniam observed that the phrase subject to condition should not be understood to mean that the Gift or Settlement Deed should contain an express condition but an implied condition, and any violation of the condition would be sufficient to invoke the provisions of the Act. The court added that “Love and Affection” was an implied condition and had to be construed as the consideration for executing the Gift or Settlement Deed. The court also observed that the provisions of the Act could not be mis-utilised for rejecting a compliant by a senior citizen merely on the ground that there was no express condition. Merely Writing Negative Google Review About Services Received Doesn't Constitute Defamation Of Service Provider: Madras High Court Citation: 2023 LiveLaw (Mad) 263 Case Title: VP Sarathi v Kiruthigha The Madras High Court has observed that expressing adverse views on platforms like Google Review for the services received by a person would not amount to defamation of the service provider, as it is covered under the freedom of speech and expression in Article 19(1)(a) of the Constitution. Justice V Sivagnanam noted that the internet is a free platform and an important means of expression and communication. He added that though posting or canvassing false statements/remarks that are derogatory in nature would amount to defamation, mere expression of views in Google reviews would not amount to defamation. Madras High Court Vacates Injunction Against Release Of Mark Antony Movie, Asks Actor Vishal To Produce Details Of Assets Citation: 2023 LiveLaw (Mad) 264 Case Title: Lyca Productions v Vishal Krishna Reddy The Madras High Court on Tuesday vacated an injunction order that the court had earlier issued against the release of the "Mark Antony" movie starring Vishal Krishna, which is slated to release on September 15. Justice PT Asha, who had made the order in a loan default suit concerning the actor, noted that the producer of "Mark Antony" was not a party to the suit and that he had already made payments to the Actor. The court thus deemed it fit to discharge the earlier injunction order. “Don’t Make Politics Out Of Vinayaka Chaturthi”: Madras High Court Refuses Permission For Political Party's Procession Citation: 2023 LiveLaw (Mad) 265 Case Title: M Rajendran v The Superintendant of Police The Madras High Court on Wednesday strongly criticised a political party’s plea seeking protection and permission to celebrate Vinayaka Chathurthi by installing Vinayagar idol and carrying out processions. Justice Anand Venkatesh criticized the political parties seeking police permission to carry out such processions without actually doing anything...

Madras High Court Weekly Round-Up: September 11 to September 17, 2023

Upasana Sajeev

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