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“The line of demarcation between diagnostic and non-diagnostic tests may not always be bright and could blur on occasion; even so, there is sufficient support both in the text and immediate context of the expression “diagnostic” in Section 3(i)”
“The apprehensions and reluctance of the hospitals here to entertain organ transplantation between non-relatives is more due to inadequate awareness of the law on the topic. All it now requires is proper legal education on the subject for the physicians and the hospitals, and this Court expects the Govt. to take the lead in the matter.”
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court directed the State to reconsider the request of Producer to screen five shows of the film a day, in theatres, between 7:00 am and 1:30 am
Earlier in a writ petition concerning the issue of continuation of V. Senthil Balaji as a Cabinet Minister of the State consequent to his arrest, the Court left it to Chief Minister MK Stalin to decide about the continuance of Senthil Balaji (who is in judicial custody) as a Minister without Portfolio
“Even if the claim of the petitioner that discrimination is meted out to retired personnel of BSF as against Ex-servicemen has to be accepted, the consequence would only be that the exemption and concession granted to Ex-servicemen in consumption of liquor would have to be withdrawn, but, it cannot be a ground on parity to extend the same benefit to the retired personnel of the BSF”
Madras High Court viewed that there is nothing in the text or context of Section 3(d) which supports the interpretation that enhancement of known efficacy of the substance should be restricted to engineering or prospecting variants of phytase with inherently greater enzymatic activity over the reference phytase.
“State Government is within its right to impose the threshold cap of admitting students from minority community to 50 percent”
Justice N. Anand Venkatesh of Madras High Court is known within the legal fraternity for his progressive, profound and to the point judgments.
Madras High Court said that the apprehension of Sangeetha Hotels that the public would be misled into believing that the respondent is nothing but old wine in a new bottle stands prima facie proved.
“School is situs for transformation of personality traits and for reformation via love and discipline. Education is a platform for acquisition of knowledge, as knowledge is power”
“The legal profession involves fighting for the rights of the clients and the Advocate tends to react more aggressively even outside the Courts. This is a character which is developed by an Advocate by virtue of the nature of duty that he performs for his clients”.
Madras High Court remarked that an idea appears to have gained ground that Sanadhana Dharma is all about, and only about, promoting casteism and untouchability
The petition under Section 43D(2)(b) First proviso of UAPA Act seeking extension of remand order was filed by the respondents a day before the elapse of the 90- days period.
“This right of a detenu to make an effective representation against a preventive detention order is a very sacrosanct and sanctus constitutional right and such constitutional safeguard is ingrained in Article 22(5) of the Constitution of India”
Madras High Court rejected the argument of the respondent that the Revised Guidelines for Idol Immersion can be implemented only regarding immersion and not regarding manufacturing activity.
Madras High Court said that if the Arbitrators are not paid their fees / costs on account of the moratorium order, the object of arbitration will get defeated, as competent Arbitrators will hesitate to become Arbitrators in a dispute involving Companies facing financial crisis.
“Politicians play an influential role in the life of a common man. The words and actions of a politician has an impact on his followers, party men and public at large. It is imperative that this power is not to be misused for illegal and personal gains”
Madras High Court remarked that Senthil Balaji’s continuation in the cabinet without portfolio will serve no purpose and do not augur well with the Principles of Constitutional ethos on goodness, good governance and purity in administration.
“Since the territorial jurisdiction of the present case is in Chennai only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government, which comes under the jurisdiction of the PDSJ, Chennai, naturally the said case has to be tried in the said Court”