HIGH COURT FEBRUARY 2024 WEEKLY ROUNDUP| Stories on Ram Ki Janmabhoomi; Formula 4 Race; Class XII Exam; Freedom Fighters Pension and more
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court
Madras HC directs State to grant permission to lawyer to conduct an indefinite fasting demanding use of Tamil language in High Court
Madras High Court directed the petitioner to give an undertaking that he would not initiate violence while organising meetings in connection with his indefinite fasting and he should co-operate with the police to ensure law and order
Madras HC permits State to conduct Formula 4 Race in Chennai Racing Circuit with highest degree of public safety
Formula 4 (F4) Indian Championship is a motorsport series of races in India sponsored by Racing Promotions Private Limited in collaboration with the State Governments. The F4 Indian Championship – Indian Racing League is being conducted in India for the first time in the year 2023 The drivers from across the world such as, UK, Switzerland, Australia, Malaysia and South Africa, are expected to participate in this event.
[Freedom Fighters Pension] Madras HC directs MHA to provide pension to ex-Army personnel who suffered imprisonment in Rangoon Jail in 1945
Madras High Court, while noting that the respondent is 94 years old, directed MoHA to comply with the order within a period of two months from the date of receipt of a copy of this Judgment.
‘Controller must look into the substance of claim beyond choice of words of patent applicant’: Madras HC remands matter to Controller for de novo consideration
Madras High Court said that the Controller appears to have made short of his responsibility by merely extracting the priors he relied on but had not thought it fit to consider the explanations.
HIGH COURT FEBRUARY 2024 WEEKLY ROUNDUP| Stories on Jagan Mohan Reddy; K. Annamalai; Trade mark squatting; Right to travel abroad; and more
A quick legal roundup to cover important stories from all High Courts this week.
Read why Madras HC refused to quash hate speech case against BJP State President K. Annamalai
This is another case which serves as a reminder to those in positions of power and influence whose words and deeds have a wider reach and impact on the citizenry of this country.
HIGH COURT FEBRUARY 2024 WEEKLY ROUNDUP| Stories on Sexual Abuse of Wife; Arbitral Awards; National Commission for Scheduled Caste; Gyanvapi Mosque; Manual Scavengers and more
A quick legal roundup to cover important stories from all High Courts this week.
Date of e-filing final report, not the date on which hard copy is brought before Court, to be taken as date of filing: Madras HC
“In this digital era, it is too late in the day to claim that the e-filing of the final report cannot be construed as the date of filing and it is only the physical availability of papers that should be construed as the actual date of filing.”
Madras HC sets aside ED’s attachment order for not being in accordance with law, making consequential actions unsustainable
Madras High Court noted that even in the counter, ED have not explained how the provisional attachment can be sustained on merits, in view of the sale in favour of the petitioners
Madras HC dismisses plea praying for dissolving National Commission for Scheduled Caste
“NCSC is a Constitutional body and functionary. It is constituted with an avowed object for the benefit of the Scheduled Caste people”
Madras HC directs Health & Family Welfare Dept. to appoint Chairman and Members of State Allied and Healthcare Council
“The Committee constituted shall with the assistance of competent authorities conduct periodical inspections in the Clinical Establishments across the State and ensure that the qualified technician and employees are working there, and the medical services are provided in accordance with law and in the prescribed standards as contemplated under NCAHP Act and Rules.”
Read why Madras HC exercised its extraordinary jurisdiction to quash a sexual abuse case
It is not necessary for a criminal trial to go on just to dabble with an incident involving sexual abuse without identifying an accused. If this is allowed, the victim will be embarrassed and vilified, and the so-called accused person will go scot-free, since he has not been identified by anyone in this case.
Banks can forfeit entire earnest money and not just extent of loss suffered by it due to auction purchaser’s default: SC
Any dilution of the forfeiture provided under Rule 9(5) of SARFAESI Rules would result in entire auction process under SARFAESI Act being disregarded by mischievous auction purchasers through sham bids, thereby undermining the overall object of the Act of promoting financial stability, reducing NPAs and fostering a more efficient and streamlined mechanism for recovery of bad debts.
Revenue Authorities cannot issue ‘No Caste No Religion’ Certificate in absence of powers conferred by law or by Government: Madras HC
“The Revenue Authority is expected to exercise their powers within the ambit of the statutes, rules and the Government Orders in force. They are not expected to issue the certificates at their choice. The claim of the petitioner has not been supported by any statute or Government Orders”.
HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Capital Asset of Transporter; Prevention of Food Adulteration Act; Royalty Income; Contempt Notice and more
A quick legal roundup to cover important stories from all High Courts this week.
Civil Courts have no jurisdiction to entertain the suits filed by app developers challenging Google’s Billing Policy: Madras HC
Madras High Court said that merely because Section 62 of the CCI Act, 2002 states that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law, it cannot be interpreted that any individual can institute proceedings in a Commercial Court alleging abuse of dominance, while completely ignoring Section 61 of the Act of 2002.
Is wife entitled to know husband’s salary details to make a rightful claim of maintenance? Madras HC answers
By the impugned order, the State Information Commissioner directed the employer to furnish the information sought for by the wife. Challenging the same, the present writ petition was filed.
[Compassionate appointment] Madras High Court directs District Education Officer to provide job to son of deceased Head Mistress
After perusing the Government order of the Labour and Employment Department, Madras High Court noted that the family pension of the deceased employee need not be considered while assessing the family’s income.
Seemingly Settled Time-Limit for Filing of Refund Applications now Unsettled?
by Vishwanath K.†, Teesta Banerjee†† and Ananya Raghavendra†††
Cite as: 2024 SCC OnLine Blog Exp 9