Madras High Court dismisses appeal against Controller’s order, finds Flipkart’s patent novel and inventive
“The entire case of Flipkart rested on the ground of lack of novelty and inventive features in the invention of the patentee.”
Madras High Court
Madras HC: Single appeal maintainable against common judgment in suit and counter-claim, provided proper court fee is paid
“A prior purchaser not impleaded in a suit for specific performance cannot seek cancellation of the decree but is entitled to a declaration that such decree is not binding on him, along with the consequential relief of injunction.”
Madras High Court bars internet service providers and cable operators from unauthorised streaming of “Happy Patel Khatarnak Jasoos”
“In matters of this nature, it is likely that irreparable injury would be caused unless ad interim relief is granted.”
Madras HC directs immediate police action over derogatory book title targeting sitting Judge; initiates suo motu criminal contempt against publisher
“The pictorial representation, the caricature and the expressions/words used are not only highly derogatory, but virtually abusive.”
Madras HC finds “Fresh Not Frozen” deceptively similar to “Fresh N Frozen”; Upholds rejection of trademark application
“It is not what meaning is being assigned by the words chosen by the appellant, but the determining factor is whether it is deceptively similar.”
Madras High Court directs strict compliance at Thiruparankundram hill festival; Only 50 participants allowed, animal sacrifice prohibited
“The number of participants in the festival shall be restricted to fifty only, and the official respondents shall strictly enforce the above directions.”
Madras High Court rejects plea to stop Parasakthi movie release amid claims of copied script
“Though the balance of convenience is not in favour of the plaintiff, if the movie is released, the plaintiff would be in a position to claim damages.”
Sale deed not binding: Madras HC holds daughter entitled to half share in ancestral property under Hindu Succession Act
“Merely because Patta and Kist Receipts stand in the name of defendant, and because the plaintiff did not raise any objection for the same, the presumption of joint possession of a co-owner cannot be dislodged”
Madras HC urges Union to step up awareness on child internet safety; Suggests exploring Australia-style law restricting online access for under-16s
“Ultimately, it is the individual choice and right to access such obnoxious material or to avoid it and as far as children are concerned, the vulnerability is high, so the parents’ responsibility is higher.”
State Freedom Fighter pension doesn’t automatically guarantee Central Freedom Fighters’ Samman Pension; Document-based proof mandatory: Madras High Court
“Welfare schemes are concessions extended to Freedom Fighters recognising their contributions during freedom struggle, and therefore welfare schemes and concessions ought to be implemented scrupulously by following the terms and conditions.”
Teaching Bhagavad Gita; Yoga Not Per Se Religious; FCRA Registration can’t be denied on compounded violation : Madras High Court
“Bhagavad Gita may be recognised as national (Rashtriya) Dharma Shastra. It speaks about internal and eternal truth… Bhagavad Gita cannot therefore be confined within a given religion. It is a part of Bharatiya civilisation.”
Public funds can’t be given to ‘favoured few’: Madras High Court suggests audit of ‘scandalously high’ fees paid to Govt law officers
“The submission made before the Court as regards the financial wherewithal of the petitioner was factually correct, therefore, the Court did not want to doubt the statement of a counsel that he was unable to even engage a clerk for obtaining certified copies for the 818 cases.”
State has Constitutional Duty to provide legal aid to Indian citizens working abroad: Madras High Court
“Overseas employment is a reality… When the Government is receiving benefit from the migrant workers, it has a correlative and corresponding duty to rush to their rescue when issues arise out of such overseas employment.”
Intra-court appeal not maintainable in patent disputes; Commercial Courts Act overrides Letters Patent of High Court: Madras High Court
“Any expansion of the scope of the Commercial Courts Act would defeat its objectives, and there is no ambiguity regarding appeals from decrees of Commercial Courts and Commercial Divisions under Section 13 of the Commercial Courts Act.”
Madras High Court: Law and order no ground for disobedience of judicial orders; Officials held accountable for ignoring directions in Thiruparankundram hill lamp case
“Law and order cannot be a ground for flouting a court’s order, as that would be inexcusable, amount to a breakdown of law and order, and ultimately lead to paralysis of the constitutional machinery.”
Arbitral Tribunal does not have jurisdiction to lift corporate veil: Madras High Court modifies arbitral award
“Arbitrator went wrong in applying the doctrine of lifting the corporate veil/ determining another entity as the alter ego and fastening the liability on the petitioner.”
‘In Honour Killing cases, bail is a carefully guarded exception’; Madras HC rejects bail in Kavin Honour Killing Case
“In grave offences like honour killing, bail is a carefully guarded exception, balancing liberty with justice and societal order. Judicial vigilance and societal awareness are crucial in eradicating the heinous crime.”
AAI cannot unilaterally shut Airport multiplex; Madras HC orders National Policy Review by Centre
“Any landing and taking off area for aircrafts together with runways, aircraft maintenance space, passenger facilities and including aerodrome would come with the ambit of the term ‘Airport.’”
No permission required to erect Natham Kanavai War Memorial Stupa on private land: Madras High Court
“Article 51A of the Constitution of India mandates that it shall be the duty of every citizen of India to cherish and follow the noble ideals which inspired our national struggle for freedom and to defend the country and render national service when called upon to do so.”
Village Temple on Grama-Natham land is a Public Religious Institution; Madras HC upholds directions regulating its administration
“In the event of maladministration, illegality or irregularity in dealing with the properties of the temple, the HR & CE department is bound to step in and initiate all appropriate actions.”