Madras High Court Case Commentaries

New Precedent: Execution Petitions Must Not Be Dismissed Suo Motu on the Basis of Unilateral Arbitrator Appointment

Date: Jan 28, 2025

New Precedent: Execution Petitions Must Not Be Dismissed Suo Motu on the Basis of Unilateral Arbitrator Appointment Introduction The judgment in M/s. Sundaram Finance Ltd vs. S.M. Thangaraj et al.,...

Clarifying the Limits of Section 10-A: Balancing Moratorium Relief and Extended Default in Corporate Insolvency

Date: Jan 24, 2025

Clarifying the Limits of Section 10-A: Balancing Moratorium Relief and Extended Default in Corporate Insolvency Introduction The judgment in Dharamshi K. Patel v. Indian Bank delivered by a two-judge...

Refined Standards for Fair Inquiry in Sexual Harassment Proceedings

Date: Jan 23, 2025

Refined Standards for Fair Inquiry in Sexual Harassment Proceedings Introduction The judgment in HCL Technologies Ltd. v. N. Parthasarthy delivered by the Madras High Court on January 22, 2025,...

Temporal Eligibility in Ex-Serviceman Recruitment: Clarifying the Scope of Section 3(j) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016

Date: Jan 22, 2025

Temporal Eligibility in Ex-Serviceman Recruitment: Clarifying the Scope of Section 3(j) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 Introduction The judgment in The...

Defining the Limits of Trademark Exclusivity: The "Pe" Conundrum in Digital Payment Services

Date: Jan 22, 2025

Defining the Limits of Trademark Exclusivity: The "Pe" Conundrum in Digital Payment Services Introduction In the case of PHONEPE PRIVATE LIMITED v. BUNDLEPE INNOVATIONS PVT LTD. decided by the Madras...

Mandatory Opportunity of Hearing under the Commissions of Inquiry Act, 1952: A New Precedent

Date: Jan 21, 2025

Mandatory Opportunity of Hearing under the Commissions of Inquiry Act, 1952: A New Precedent Introduction The Judgment in C.Vijayabaskar v. The State of Tamil Nadu, delivered by the Madras High Court...

Re-defining Consent in Prolonged Relationships: Judicial Limits on Criminalizing False Promises of Marriage

Date: Jan 21, 2025

Re-defining Consent in Prolonged Relationships: Judicial Limits on Criminalizing False Promises of Marriage Introduction The case of Ameen Batcha v. State Represented by the Inspector of Police marks...

Inordinate Delay in Award Announcement: A New Precedent on Timely Reasoned Awards

Date: Jan 11, 2025

Inordinate Delay in Award Announcement: A New Precedent on Timely Reasoned Awards Introduction This commentary examines the Madras High Court judgment in the matter of M/s. Unique Builders,...

The Landmark Clarification on Completion Certificates under TN RERA: A New Precedent in Defining Ongoing Projects

Date: Jan 11, 2025

The Landmark Clarification on Completion Certificates under TN RERA: A New Precedent in Defining Ongoing Projects Introduction In the case of P. Anandasundaresan v. M/s. Akshaya Pvt. Ltd, the Madras...

Clarifying the Permissible Use of Temple Surplus Funds Under the HR & CE Act

Date: Jan 10, 2025

Clarifying the Permissible Use of Temple Surplus Funds Under the HR & CE Act Introduction The judgment in P. Bhaskar v. The District Collector, decided on January 9, 2025, by the Madras High Court,...

Ensuring Employment Rights for Disabled Service Members: Mandate for Alternative Light Duty under the Rights of Persons with Disabilities Act, 2016

Date: Jan 8, 2025

Ensuring Employment Rights for Disabled Service Members: Mandate for Alternative Light Duty under the Rights of Persons with Disabilities Act, 2016 Introduction The case of Ganesan v. The Commandant,...

Madras High Court’s Clarification on Compensation for Improper Preventive Detention

Date: Jan 8, 2025

Madras High Court’s Clarification on Compensation for Improper Preventive Detention 1. Introduction The Judgment under review is Eswaran R v. The Government of Tamil Nadu, decided by the Hon’ble...

Ensuring Meaningful Application of Mind Under Section 17A: A New Safeguard for Honest Public Servants

Date: Jan 7, 2025

Ensuring Meaningful Application of Mind Under Section 17A: A New Safeguard for Honest Public Servants 1. Introduction The Madras High Court, in the case of K. Shiva Kumar v. State, 2025, has...

Clarifying Eligibility for Old Age Pension Despite Familial Support

Date: Jan 4, 2025

Clarifying Eligibility for Old Age Pension Despite Familial Support 1. Introduction The case of Chinnakalai v. The Thasildar (Social Welfare Scheme) was heard before the Madurai Bench of the Madras...

Forwarding Offensive Social Media Content Constitutes Liability: A New Precedent from the Madras High Court

Date: Jan 3, 2025

Forwarding Offensive Social Media Content Constitutes Liability: A New Precedent from the Madras High Court Introduction This Judgment commentary examines the Madras High Court’s decision in...

Significance of Referring Historical Texts in Hate Speech Allegations: A New Legal Standard

Date: Dec 22, 2024

Significance of Referring Historical Texts in Hate Speech Allegations: A New Legal Standard I. Introduction The Judgment under discussion arises from Thol. Thirumavalavan v. Dr. V. Vedha, decided by...

Civil Court’s Power to Grant Interim Relief in Labor Disputes: A New Precedent from the Madras High Court

Date: Dec 22, 2024

Civil Court’s Power to Grant Interim Relief in Labor Disputes: A New Precedent from the Madras High Court 1. Introduction The Judgment in M. Nagappan v. The Management (Madras High Court, 21 December...

“Jurisdiction of Section 148 Notices: JAO’s Exclusive Authority and Faceless Assessment Framework Clarified”

Date: Dec 21, 2024

Jurisdiction of Section 148 Notices: JAO’s Exclusive Authority and Faceless Assessment Framework Clarified I. Introduction This Judgment from the Madras High Court in Mark Studio India Private...

“Minor Omissions Do Not Vitiate Life Insurance Claims: A New Judicial Principle”

Date: Dec 21, 2024

Minor Omissions Do Not Vitiate Life Insurance Claims: A New Judicial Principle Introduction The Madurai Bench of the Madras High Court, in the case of K. Ezhilarasi v. The Senior Divisional Manager,...

Doctrine of Actual Knowledge for POCSO Reporting and the Immunity Afforded by MTP Act

Date: Dec 21, 2024

Doctrine of Actual Knowledge for POCSO Reporting and the Immunity Afforded by MTP Act 1. Introduction This commentary examines the Madras High Court’s decision in Jenbagalakshmi v. The State of Tamil...