Contempt jurisdiction unaffected by merger doctrine: Madras HC directs compliance with Deepathoon lighting orders
“Before law all are one and no one can claim immunity merely because they happen to hold high offices.”
Justice G.R. Swaminathan
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.”
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.”
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.”
Madras HC permits the devotees to Light Karthigai Deepam at Deepathoon; holds officials in contempt
“Confirming the conviction under the Contempt of Courts Act, 1971 only to send across the right message… a clear message should be sent so that no one, howsoever high they may be, may think that they are above the law.”
‘Lighting lamp atop hill is a Tamil tradition, can’t offend anybody’s sensibilities’; Madras HC directs Karthigai Deepam to be lit at Deepathoon
“The unoccupied portion of the hill has been in the possession of the temple from time immemorial and has been treated by the temple authorities as their property.”
Public ground belongs to all: Madras High Court allows conduct of Hindu event; upholds Fundamental Right under Article 25
“When it comes to upholding fundamental rights, it is the duty of the local administration to stand in aid of the same. The police should not choose the easy option of stifling the fundamental rights.”
Alteration of Aadhaar information is a fundamental right; UIDAI duty bound to provide basic infrastructure for Aadhaar holders: Madras HC
“Once it is concluded that the statutory right set out in Section 31 of the Aadhaar Act would partake the character of a fundamental right, it becomes the duty of the Authority to put in place the requisite infrastructure and make available all facilities so that the right can be easily exercised.”
Juvenile Justice Act prevails over Muslim Personal Law; Adopted child entitled to same status as biological child: Madras High Court
“A child below 18 years cannot obviously give consent. So this expression “consent” must be understood as ascertaining its wishes.”
Know Why Madras High Court placed the issue of alleged caste bias by a Judge to the Chief Justice for initiation of contempt case
“Judicial independence is a basic feature of the Constitution. We Judges have taken oath to discharge our judicial duties not only without favour but also without fear.”
Madras HC affirms right to family pension for mentally disabled children of Government servants, no income certificate required
“Pension has always been characterized as a matter of right and not charity or bounty. When it comes to extending the benefit for the mentally disabled, the authority must exhibit alacrity. Such an approach alone would subserve and effectuate the benevolent object with which the statutory rules have been formulated. They should be seen as one more facet of Article 21 of the Constitution.”
Madras High Court sets aside condition requiring vehicle pass for devotees attending Lord Muruga’s religious conference
“We are a republican democracy. Just as ease of doing business is important, the ease of participation in democratic gatherings is equally vital. The authorities ought not to come in the way of the citizens exercising their democratic right.”
‘Water bodies belong to society, but have been corporatised’: Madras HC issues directions to State discouraging encroachment of water bodies for construction
“Water bodies belong to the society. Their ownership may technically rest in local bodies/departments/government. But they are a gift of nature and have to be available not only for human beings but also animals and birds.”
Viewing ‘Child Pornography’ is an offence? Is there a distinction between a one-time consumer of ‘child pornography’ and someone who distributes and transmits it on a digital domain? Imperative Decision
Madras High Court: G.R. Swaminathan, J., addressed a matter in regard to child pornography. An instant petition for anticipatory bail was filed.