Madras High Court
[Road Accident] Smelling Alcohol In Breath Not Itself Ground To Attribute Contributory Negligence, Must Assess Alcohol Level In Blood: Madras HC
The Madras High Court recently observed that merely smelling alcohol in the breath of a person brought to the hospital by itself is not a ground to attribute contributory negligence to the person in motor accident cases. The court noted that in most cases, the doctors merely indicated the breath smelled of alcohol without making any effort to find out the percentage of alcohol in the blood. Justice Anand Venkatesh added that this determination was important to ascertain whether the...
Discriminatory Ancient Practises Must Give Way After Adoption Of Constitution: Madras HC Bins Plea Challenging Handing Over Of Sceptre To Widow In Meenakshi Temple
Criticizing a litigant for filing pleas objecting to the handing over of a sceptre to a widow during the Pattabhishekam day in Chitra Festival in the Meenakshi Amman Temple, the Madras High Court recently observed that there was no embargo in handing over the Sengol or the Sceptre to a woman or a widow. Justice C Saravanan added that even if such sanctions were operating in ancient times, these prejudicial and discriminatory practices had to give way in modern times after the adoption...
Gratification Of Electors During Election Demolishes Basic Structure Of Constitution And Democracy: Madras High Court
The Madras High Court recently remarked that gratification to voters in the form of money, food, prizes, etc. during elections would demolish the basic structure of the constitution and democracy. Justice B Pugalendhi of the Madurai bench also lamented that the legislature has not treated such gratifications with gravity as the offence was punishable only with imprisonment to an extent of one year. The judge pointed out that due to the lesser gravity of the offence, the practice of...
Opportunity For Hearing Was Refused Due To Assessee's Failure To Click On Appropriate Button, Madras High Court Quashes Faceless Assessment Order
The Madras High Court has quashed the order as the opportunity for hearing was refused due to the assessee's failure to click on the appropriate button.The bench of Justice Mohammed Shaffiq has observed that the personal hearing ought to have been extended, though the assessee might have failed to click on the appropriate button. The bench, while quashing the order, was directed to pass the...
Lok Sabha Election 2024 | Madras High Court Dismisses Plea Challenging Tirunelveli BJP Candidate's Nomination
The Madras High Court on Tuesday dismissed a plea challenging the nomination filed by Nainar Nagendran, BJP's candidate from Tirunelveli. Chief Justice SV Gangapurwala and Justice Sathya Narayana Prasad noted that it was too late to issue any direction at this point considering that the polling in the state of Tamil Nadu was scheduled to be held on 19th April.The petition was filed by one...
Madras High Court Seeks ECI's Response On DMK's Plea Challenging Guidelines To Regulate Political Parties' Advertisements On TV Channels, Cable Networks
The Madras High Court on Monday sought the Election Commission of India's response to a plea moved by the Dravida Munnetra Kazhagam (DMK) party challenging ECI's Consolidated Guidelines to regulate the advertisements by political parties on television channels and cable networks. The party had also challenged an order of the Chief Electoral Officer confirming the rejection...
Madras High Court Weekly Round-Up: April 8 - April 14, 2024
Citations: 2024 LiveLaw (Mad) 153 To 2024 LiveLaw (Mad) 160 NOMINAL INDEX S.ShreDharmaaraghavan v Inspector of Police and Others, 2024 LiveLaw (Mad) 153 Nippon Paint Holdings Co. Ltd and Another v Suraj Sharma and Another, 2024 LiveLaw (Mad) 154 Karti P Chidambaram v The Regional Passport Officer Chennai, 2024 LiveLaw (Mad) 155 Sri Nrisimha Priya Charitable Trust versus...
Madras High Court Quarterly Digest: January To March 2024 [Citations 1-142]
CITATIONS: 2024 LiveLaw (Mad) 1 to 2024 LiveLaw (Mad) 142 NOMINAL INDEX Ganeshkumar v The Principal Secretary to Government, 2024 LiveLaw (Mad) 1 The Principal Commissioner of Income Tax Versus K.M.Mammen, 2024 LiveLaw (Mad) 2 ABC v XYZ, 2024 LiveLaw (Mad) 3 Dr R Karpagam v Principal Chief Conservator of Forests and Chief Wildlife Warden and Others, 2024...
Madras High Court Appoints Committee Of Retd Judges To Takeover Administration Of CSI, Directs Committee To Conduct Elections To The Synod
The Madras High Court has appointed a committee of two retired High Court judges to takeover the administration of the Church of South India (CSI) and to conduct the election of the Synod. Though a single judge had previously appointed a retired High Court judge to conduct elections, the bench of Justice R Subramaniam and Justice R Sakthivel felt that considering the nature of...
Madras High Court Restrains Dept. From Appropriating Interest Liability Against Eicher Motors Until Matter Is Taken Up By Appellate Court
The Madras High Court has restrained the department from appropriating interest liability against Eicher Motors until the matter is taken up by the appellate court.The bench of Justice Senthilkumar Ramamoorthy has observed that since an appeal has been filed against the order of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) with regard to the imposition of interest on the...
Madras High Court Allows BJP President JP Nadda's Rally; Says Hindrance To Traffic, Free Movement Of People Not In Itself A Ground To Deny Permission
While directing the state to allow a rally by BJP National President JP Nadda, the Madras High Court recently observed that hindrance to traffic and free movement of people in itself was not a ground to deny permission for the rally. “Just because there would be some hindrance for the traffic and free movement of the people, that by itself is not a ground to reject...
Pradhan Mantri Jeevan Jyoti Bima Yojana | Provisions Of Policy Must Be Interpreted To Benefit Policy Holder: Madras High Court
The Madras High Court recently remarked that while dealing with claims under the Pradhan Mantri Jeevan Jyoti Bina Yojana, the provisions of the policy must be interpreted to benefit the policyholder. Justice GR Swaminathan of the Madurai bench was dealing with a plea challenging the order passed by the Office of the Insurance Ombudsman rejecting a complaint against the Life...