Madras High Court

27th Aug, 2021

THE RIGHT TO BE FORGOTTEN – REDACTION OF NAMES FROM JUDICIAL ORDERS NOT PERMISSIBLE IN THE ABSENCE OF STATUTORY PROVISIONS

Introduction: In a significant judgment, in the case of Karthich Theodore v. The Registrar General, Madras High Court and Ors. [W.P.(MD) No.12015 of 2021], the Madras High Court has held that the right to be […]
10th Jun, 2021

Madras High Court issued interim guidelines/directions for proper recognition of the rights of LGBTQIA+ community and to ensure their safety and security.

In the matter of S.Sushma & Anr. Vs. Commissioner of Police & Ors., having W.P No. 7284 of 2021 as decided by the Hon’ble Madras High Court on 07.06.2021. The present case is one of […]
21st Aug, 2019

Interim compensation order under Section 143A of the Negotiable Instruments Act, 1881 must be a reasoned order and also can be applied retrospectively

The Madras High Court held that the trial courts hearing cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881 can order payment of interim compensation of up to 20% under the newly […]
16th Nov, 2018

Insurance Companies not Liable to Pay Compensation to Unauthorized Passengers for Motor Vehicle Deaths/ Injuries

The Madras High Court recently reiterated that insurance companies cannot be held liable to compensate for deaths or injuries of unauthorized/ gratuitous passengers in goods or transport vehicles. The said decision was held in the […]
17th Jul, 2018

Legal principles for proving of a will – Recapitulated

The Madras High Court was faced with a suit for grant of letter of administration wherein the it restated while applying the existing legal principles for proving genuineness of a will. The judgement was delivered […]
4th Jul, 2018

First Owner of a Copyright is entitled to exploit work for a full term as prescribed by the Copyright Act and his right is not restricted to a period lesser than the one prescribed

The Producer of a work is entitled to exploit the work for the entire term prescribed under Section 26 of the Copyright Act 1957 and is not restricted for a particular period by an agreement […]
2nd May, 2017

Sale of a property by Bank invoking SARFESI is as good as sale made by borrower

Madras High Court in the matter of R. Arumugasamy Vs Authorised officer; Review Petition no. 82 and 83 of 2016 held that where there is more than one property mortgaged with the secured creditor, it […]
11th Jan, 2017

Bar of Section 92 Evidence Act does not operate when the document is sham and not to be acted upon #legalupdates

In a case before the Madras HC, the court relied on judgments by the Apex Court in Gangabai vs. Chhabubai AIR 1982 SC 20 and Ishwar Dass Jain vs. Sohan Lal AIR 2000 SC 426 […]
9th Mar, 2016

Child Marriage does not automatically become void #indianlaws

Section 3 makes provision for avoidance of marriage by contracting party, who was a child at the time thereof, through filing a petition for annulling the marriage by such party. Section 3(3) has to be […]
11th Dec, 2014

Marriages performed in secrecy in the chambers of Advocates and Bar Association Rooms does not amount to solemnisation

 Marriages performed in secrecy in the chambers of Advocates and Bar Association Rooms, will not amount to solemnisation and only women who are victims of such marriage can question the same in matrimonial proceedings before […]
9th Jun, 2014

Withdrawal of compensation after expiry of five years-Section 24 attracted #indianlaws

Withdrawal of compensation after expiry of five years of passing of award will not come in the way of attracting the mischief of Section 24 RFCTLARR Act 2013
11th Nov, 2013

Limitations in extending bar under Section 42 Arbitration and Conciliation Act, 1996

By merely filing an application before any Court, the bar under Section 42 cannot be extended, when another application is filed by a party before another Court, which has got jurisdiction. The Madras High Court […]