Madras High Court

Madras High Court
Case BriefsHigh Courts

Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.

Madras High Court
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Madars High Court said that truth will come out only when the petitioner appears before the respondent pursuant to the summons received by him and not otherwise. Further, held that if it is the same subject matter, the State Authority cannot prosecute the petitioner once again as the Central Authority has already initiated action against the petitioner in respect of the very same subject matter

Madras High Court
Case BriefsHigh Courts

Madras High Court reiterated that wearing “gown” is only optional and not mandatory before any Courts other than the Supreme Court or the High Courts. Thus, it held that the order of the National Company Law Board imposing a dress code for Advocates for appearance before the Tribunal is without authority and hence, illegal.

Explained| Justice LC Victoria Gowri appointment case vis-à-vis scope of judicial review in matters relating to appointment of High Court judges
Case BriefsSupreme Court

Supreme Court said that the conduct of the judge and her/his decisions must reflect and show independence, adherence to the democratic and constitutional values. This is necessary as the judiciary holds the centre stage in protecting and strengthening democracy and upholding human rights and the Rule of law.

Madras High Court
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In petitions challenging the premature release of 13 life convicts by the State Government, the Madras High Court held that there is no reason to infer that the State has failed to consider relevant materials or passed the order of premature release for extraneous considerations.

Madras High Court
Case BriefsHigh Courts

The High Court of Madras recognised the foreign arbitration award pronounced by the Singapore International Arbitration Centre (‘SIAC’) and found that the respondents have failed to establish any ground for refusing the recognition of foreign award.

Madras High Court
Case BriefsHigh Courts

Madras High Court said that the High Court cannot issue directions for speedy disposal unless there is a justification or acceptable reason for issuing any such directions. The Court concerned is expected to regulate its own procedures in respect of the cases for effective disposal.

Case BriefsSupreme Court

Supreme Court dismissed the petitions filed by lawyers from Madras HC alleging that Gowri is disqualified from being appointed a judge of a Constitutional Court, as there was no fruitful consultation between the executive and the collegium regarding her antecedents that could reveal her biasness against the minorities in the country.

Madras High Court
Appointments & TransfersNews

The President has appointed following as the Additional Judges of Madras High Court in that order of seniority, for a period of

Madras High Court
Case BriefsHigh Courts

Madras High Court stated that the expression “person suffering from multiple disability” under 1999 Act will be equivalent in meaning to “person with benchmark disability” under Persons with Disabilities Act, 2016. Thus, allowed the petitioner to be appointed as a guardian to her sister, suffering from schizophrenia.

Madras High Court
Case BriefsHigh Courts

Madras High Court held that the petitioners are not entitled to join respondents 3 to 5 as parties to arbitral proceedings, as they do not qualify as “alter egos” of the first respondent or as successors-in-interest.

Madras High Court
Case BriefsHigh Courts

Madras High Court permitted Srilankan refugees’ daughter to apply for passport under Section 20 of the Passports Act and directed the Central Government to consider her application and pass order.

Madras High Court
Case BriefsHigh Courts

The recruitment process to any public post should be conducted in a fair and transparent manner. If the candidates are selected by any criterion other than merit and efficiency, the public authority will suffer for all the times to come. It is in the public interest that the process of selection and appointment should be transparent to make it foolproof from corrupt practices.

Madras High Court
Case BriefsHigh Courts

Madras High Court while quashing the Khula certificate issued by the Shariat Council, held that while it is open for a Muslim woman to exercise her inalienable rights to dissolve the marriage by Khula recognised under the Muslim Personal Law (Shariat) Application Act, 1937 by approaching a Family Court, it cannot be before Shariat Council.

Madras High Court
Case BriefsHigh Courts

The Commissioner, Food Safety, by issuing successive notifications under Section 30(2)(a) cannot impose an almost permanent ban on a food product, as it is not contemplated by law and if allowed, will amount to doing violence to the provisions.

Madras High Court
Case BriefsHigh Courts

The damage and injury suffered by the children can very well be imagined. They have suffered disfiguration, lost friendship and company and suffered studies . Their marital prospects have become a serious question mark. No amount of compensation can give back what they lost. Considering the overall facts and circumstances, the Court granted them compensation of Rs. 10.00 lakhs each.

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by K. Vaitheeswaran*

Madras High Court
Case BriefsHigh Courts

Madras High Court held that the police has to permit the petitioner to conduct an oratory competition on the 68th Birth Anniversary of Prabakaran the leader of the banned outfit LTTE and set aside unsuitable conditions imposed by the police on the petitioner

Hot Off The PressNews

The Supreme Court Collegium stated that the Intelligence Bureau report noted that nothing came against his integrity who also did not have any overt political leanings, therefore, its adverse comments in respect of posts made by Advocate R. John Sathyan would not impinge on his suitability, character, or integrity.

Madras High Court
Case BriefsHigh Courts

Madras High Court while dealing with the question that whether the mother had the intention to commit the murder of her daughter, set aside the conviction and sentence of the convict for the offence under Section 302 IPC and convicted her for offence under Section 304(1) IPC and sentenced to undergo 10 years rigorous imprisonment