Madras High Court Monthly Digest: October 2025

Update: 2025-11-09 04:30 GMT
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Citations: 2025 LiveLaw (Mad) 330 To 2025 LiveLaw (Mad) 393 NOMINAL INDEX The New India Assurance Company Limited v. Annalakshmi and Others, 2025 LiveLaw (Mad) 330 The Divisional Security Commissioner and Disciplinary Authority and Others v. K Muniyandi, 2025 LiveLaw (Mad) 331 SENTHILKANNAN v/s THE DIRECTOR GENERAL OF POLICE, 2025 LiveLaw (Mad) 332 N Sathish Kumar v....

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Citations: 2025 LiveLaw (Mad) 330 To 2025 LiveLaw (Mad) 393

NOMINAL INDEX

The New India Assurance Company Limited v. Annalakshmi and Others, 2025 LiveLaw (Mad) 330

The Divisional Security Commissioner and Disciplinary Authority and Others v. K Muniyandi, 2025 LiveLaw (Mad) 331

SENTHILKANNAN v/s THE DIRECTOR GENERAL OF POLICE, 2025 LiveLaw (Mad) 332

N Sathish Kumar v. State, 2025 LiveLaw (Mad) 333

PH Dinesh v/s Home Secretary State of Tamil Nadu, 2025 LiveLaw (Mad) 334

N ANAND ALIAS BUSSY ANAND VS THE STATE OF TAMIL NADU, 2025 LiveLaw (Mad) 335

M/s. Ravi Mohan Studios Pvt Ltd. v. M/s Indo Bevs Pvt Ltd, 2025 LiveLaw (Mad) 336

MC Sivakami v. The District Collector and Others, 2025 Livelaw (Mad) 337

K Prithika Yashini (Transgender) v. Union of India and Others, 2025 Livelaw (Mad) 338

Venkateshwaran v. State of Tamil Nadu, 2025 Livelaw (Mad) 339

K v. M, 2025 Livelaw (Mad) 340

Krishnan v. The State, 2025 Livelaw (Mad) 341

Raja Lakshmi v State of Tamil Nadu and Others, 2025 LiveLaw (Mad) 342

Akila Thiruvidancore Siddha Vaidhya Sangam v. A.T.S.V.S.Siddha Medical College & Hospital, 2025 LiveLaw (Mad) 343

P. Balasubramaniam v. The Appellate Tribunal for Foreign Exchange, 2025 Livelaw (Mad) 344

Visalakshi v. Secretary to Government, 2025 LiveLaw (Mad) 345

A. Radhakrishnan v. The Secretary to the Government and Others, 2025 LiveLaw (Mad) 346

Prakasam v. The District Collector, 2025 LiveLaw (Mad) 347

S Paramasivam v. The District Collector and Others, 2025 LiveLaw (Mad) 348

Navanitha v. The State, 2025 LiveLaw (Mad) 349

Uma Maheshwari v. The Principal Secretary to Government, 2025 LiveLaw (Mad) 350

P v. S, 2025 LiveLaw (Mad) 351

Palraj v. Inspector Of Police, 2025 LiveLaw (Mad) 352

Magudapathi v. The District Magistrate cum District Collector, 2025 LiveLaw (Mad) 353

M/s Indian Oil Corporation Limited v. The Commissioner of Civil Supplies and Consumer and Others, 2025 LiveLaw (Mad) 354

A. Shanthi vs. State of Tamil Nadu & Ors., 2025 LiveLaw (Mad) 355

M v. M, 2025 LiveLaw (Mad) 356

The Manager v. Aron K Thiraviaraj, 2025 LiveLaw (Mad) 357

Murugesan @ Murugesh v. The State and Others, 2025 LiveLaw (Mad) 358

General Manager, Southern India Region v. P Sundarapariporanam, 2025 LiveLaw (Mad) 359

TRULIV Properties and Services Private Limited Vs C.Ravishankar, 2025 LiveLaw (Mad) 360

Sally Thermoplastic India Limited Vs. Learning Leadership Foundation, 2025 LiveLaw (Mad) 361

M/s.AL TIRVEN STEELS LTD Vs. M/s.IVRCL Assets and Holding Ltd, 2025 LiveLaw (Mad) 362

T. Gangeswari v. The State and Others, 2025 LiveLaw (Mad) 363

N Venkatesan v. The State of Tamil Nadu, 2025 LiveLaw (Mad) 364

K Heerajohn v. The District Registrar and Another, 2025 LiveLaw (Mad) 365

Joe Micheal Praveen v. Apsara Reddy and Another, 2025 LiveLaw (Mad) 366

X v. Union of India, 2025 LiveLaw (Mad) 367

Ramasamy v State of Tamil Nadu and Others, 2025 LiveLaw (Mad) 368

Sureshbabu and Others v State, 2025 LiveLaw (Mad) 369

K. Sadhasivam Vs. The Principal District Judge, Thoothukudi District, Thoothukudi, 2025 LiveLaw (Mad) 370

M Muventhan v. The District Collector, 2025 LiveLaw (Mad) 371

The State v. Mohammed Hanifa @ Tenkasi Hanifa, 2025 LiveLaw (Mad) 372

Rhutikumari v. Zanmai Labs Pvt Ltd and Ors, 2025 LiveLaw (Mad) 373

N Anand @ Bussy Anand v. State, 2025 LiveLaw (Mad) 374

M/s. ACS Shipping & Logistics v. The Commissioner of Customs, 2025 LiveLaw (Mad) 375

M/s Vittera B.V. v. M/s SKT Textile Mills, 2025 LiveLaw (Mad) 376

A Vignesh v. State, 2025 LiveLaw (Mad) 377

National Association of Container Freight Stations v. The Joint Commissioner of Customs, 2025 LiveLaw (Mad) 378

M. Maher Dadha v. Mr. S. Mohanchand Dadha and Ors., 2025 LiveLaw (Mad) 379

The State of Tamil Nadu and Another v. Madras Race Club and Others, 2025 LiveLaw (Mad) 380

Kamaraj v. State and Others, 2025 LiveLaw (Mad) 381

Gita Power and Infrastructure Private Limited v. The Inspector General of Registration and Others, 2025 LiveLaw (Mad) 382

A Kannan v. The Union Territory of Puducherry and Others, 2025 LiveLaw (Mad) 383

All India Defence Employees Federation (AIDEF) v. Government of India and Others, 2025 LiveLaw (Mad) 384

M/s Nilakantan & Brothers Constructions Pvt. Ltd. v. Board of Trustees of the Port of Chennai & Anr., 2025 LiveLaw (Mad) 385

M. Gajendran & Anr. v. R. Munirathinam & Ors., 2025 LiveLaw (Mad) 386

Ganesan v. The State, 2025 LiveLaw (Mad) 387

Gokula Krishnan B v. The Registrar and Others, 2025 LiveLaw (Mad) 388

M/s GAIL (India) Limited v M/s Coromandal Electric Company Ltd., 2025 LiveLaw (Mad) 389

P. Pushpam v/s The Director, Unique Identification Authority of India and Anr., 2025 LiveLaw (Mad) 390

G Sampath Kumar v. Mahendra Singh Dhoni and Others, 2025 LiveLaw (Mad) 391

K Rajamani v. The Joint Commissioner and Others, 2025 LiveLaw (Mad) 392

Srinivasan v. The Director and Others, 2025 LiveLaw (Mad) 393

REPORTS

Motor Vehicles Act | Borrower Of Vehicle Steps Into Shoes Of Owner, Can't Claim Compensation For Accident: Madras High Court

Case Title: The New India Assurance Company Limited v. Annalakshmi and Others

Citation: 2025 LiveLaw (Mad) 330

The Madras High Court recently reiterated that a person who borrows a vehicle from its owner would step into the shoes of the owner and such a person cannot claim compensation similar to a third party.

Justice R Poornima of the Madurai bench took note of the decision of the Supreme Court in the case of Ramkhiladi and another Vs. United India Insurance Company and another, where the court had held that a claim petition under Section 163A was not maintainable by a borrower/permissible user of a vehicle against the owner/insurer of the vehicle.

RPF Not Governed By Railway Servants Rules, Disciplinary Action Would Be Under Railway Protection Force Act: Madras High Court

Case Title: The Divisional Security Commissioner and Disciplinary Authority and Others v. K Muniyandi

Citation: 2025 LiveLaw (Mad) 331

The Madras High Court recently held that members belonging to the Railway Protection Force would not be governed by the provisions of the Railway Servants (Discipline and Appeal) Rules, 1968.

The Madurai bench of Justice CV Karthikeyan and Justice R Vijayakumar noted that Rule 801 of the Railway Servants (Discipline and Appeal) Rules, 1968, had specifically excluded any member of the Railway Protection Forces from the applicability of the rules. The bench thus noted that any disciplinary action or punishment against a member of the force would be under the provisions of the Railway Protection Force Act and the Rules prescribed therein.

Madras High Court Rejects Pleas Seeking CBI Probe Into Karur Stampede, Govt Says No Permission For Any Political Meets Till SOP Framed

Case title: SENTHILKANNAN v/s THE DIRECTOR GENERAL OF POLICE With Related Petitions

Citation: 2025 LiveLaw (Mad) 332

The Madras High Court (Madurai bench) on Friday (October 3) rejected a bunch of pleas seeking CBI probe into the Karur stampede which occurred on last Saturday, claiming 39 lives.

Meanwhile, the State government also informed the high court that until SOPs are framed for holding of public meetings by political parties, no permissions will be given to any political party to hold such meetings.

A division bench of Justice M. Dhandapani and Justice M Jothiraman also disposed of PILs seeking framing of SOPs, noting that the principal bench has already asked the State Government to frame SOP. Petitioners have been given liberty to file impleading petition in that plea.

Madras High Court Denies Pre-Arrest Bail To TVK Namakkal District Secretary Over Roadshow Rampage, Says Should've Controlled Party Members

Case Title: N Sathish Kumar v. State

Citation: 2025 LiveLaw (Mad) 333

The Madras High Court has refused to grant anticipatory bail to the Namakkal District Secretary of Tamilaga Vettri Kazhagam party, N Satish Kumar in connection with a violence that took place on September 27th, allegedly involving party cadres.

Justice N Senthilkumar, while dismissing the plea for anticipatory bail, held that as the District Secretary of the party, Kumar should have kept the cadres of the party under control and prevented them from causing any damage to the public property.

Madras High Court Forms SIT To Probe Karur Stampede, Slams Vijay's TVK Party For Abandoning Site & Showing No Remorse

Case title: PH Dinesh v/s Home Secretary State of Tamil Nadu

Citation: 2025 LiveLaw (Mad) 334

The Madras High Court on Friday constituted a SIT headed by Inspector General (IG) of Police Asra Garg to investigate into the Karur Stampede which occurred on September 27 claiming the lives of 41 people.

Justice N Senthilkumar also orally condemned the 'attitude' of Tamilaga Vettri Kazhagam (TVK) party, in 'abandoning' the place after the incident. The court said that the party did not express remorse.

The court further said that it cannot close its eyes and shirk responsibilities. "The entire world has witnessed the events," it added.

The court passed the order in a plea moved by a man who had sent a representation to the state authorities for framing guidelines for road shows and conducting proper investigation into the incident.

Karur Stampede: Madras High Court Denies Anticipatory Bail To TVK Party Functionaries

Case title: N ANAND ALIAS BUSSY ANAND VS THE STATE OF TAMIL NADU

Citation: 2025 LiveLaw (Mad) 335

The Madras High Court (Madurai bench) on Friday dismissed the anticipatory bail pleas moved by two functionaries of the Tamilaga Vettri Kazhagam (TVK) party apprehending arrest in connection with the stampede that took place during the party's rally in Karur last Saturday.

Justice M Jothiraman denied anticipatory bail to party's General Secretary N. Anand @ Bussy Anand and Joint Secretary CTR Nirmal Kumar.

The duo were apprehending arrest for offences under Section 105 [Punishment for culpable homicide not amounting to murder], 110 [attempt to commit culpable homicide], 125(b) [act endangering life or personal safety of others], 223 [disobedience to order duly promulgated by public servant] of BNS along with Section 3 [punishment for committing mischief in respect of property] of Tamil Nadu Public Property (prevention of Damage and Loss) Act 1992.

Madras High Court Restrains 'Bro Code' Manufacturers From Making Infringement Threats Against Actor Ravi Mohan's Upcoming Film

Case Title: M/s. Ravi Mohan Studios Pvt Ltd. v. M/s Indo Bevs Pvt Ltd

Citation: 2025 LiveLaw (Mad) 336

The Madras High Court has issued a temporary injunction in favour of actor Ravi Mohan's production company and has restrained the beverage manufacturing company Indobevs, which manufactures the drink 'Bro Code', from making threats of trademark infringement against the production company, producing a movie with the same title.

Justice V Lakshminarayan, after noting that there was a prima facie case in favour of granting an interim injunction, ordered accordingly. The court has also ordered notice to the beverage company and clarified that, in the event the notice is not served, the interim order will not be extended.

Ravi Mohan had approached the court seeking to declare that the usage of the title “BROCODE” for his production company's upcoming movie did not infringe the trademark of the defendant company. He had also sought for permanent injunction to restrain the company from issuing or making groundless threats of infringement, or otherwise interfering with the movie's production, publicity, marketing, etc.

Madras High Court Asks State To Consider Plea Against ₹1 Crore Land Acquisition Compensation Paid To Boney Kapoor, Janhvi & Khushi Kapoor

Case Title: MC Sivakami v. The District Collector and Others

Citation: 2025 Livelaw (Mad) 337

The Madras High Court has directed the State Highways Department to consider a representation seeking an enquiry into the disbursal of Rs. 1,00,87,183 to film producer Boney Kapoor and his daughters Janhvi Kapoor and Kushi Kapoor as compensation for land acquisition.

Justice Krishnan Ramasamy has directed the authority to consider the representation and dispose of the same within 4 weeks.

The petition was filed by Sivakami, a resident of Chennai, claiming that the State Highways Department had illegally disbursed the compensation amount to the trio, even though they did not own any property in the area.

Madras High Court Asks Transgender Woman To Approach Union Govt Against Denial Of Adoption

Case Title: K Prithika Yashini (Transgender) v. Union of India and Others

Citation: 2025 Livelaw (Mad) 338

The Madras High Court has closed the plea filed by Transgender Sub Inspector Priyanka Yashini against an order of the Central Adoption Resource Authority, rejecting her prospective adoptive parent application.

While disposing of the plea, Justice M Dhandapani noted that unless amendments were made to the Adoption Regulations, a direction could not be issued to CARA to consider the petitioner's application. The court thus directed the petitioner to make an application to the Union Ministry of Women and Child Development, asking them to amend Regulation 5, thus enabling a transgender person to adopt from the CARA agency.

POCSO Victim Or Their Parents Need Not Be Involved In Appeal Against Conviction, But Must Be Impleaded For Suspension Of Sentence: Madras HC

Case Title: Venkateshwaran v. State of Tamil Nadu

Citation: 2025 Livelaw (Mad) 339

The Madras High Court recently observed that in offences under the Protection of Children from Sexual Offences Act, it was not necessary to involve the victims of their parents. The court, however, added that impleading the victim, their family or the de facto complainant was essential in case of regular bail applications and for suspension of sentence.

Justice K Murali Shankar clarified that the victims in POCSO cases should not be directly involved in the proceedings, and any notice that should be served to them must be through the address provided by the State Counsel.

Husband Can't Use Child As Pawn To Prove Wife's Adultery: Madras High Court Refuses Plea For DNA Test

Case Title: K v. M

Citation: 2025 Livelaw (Mad) 340

The Madras High Court recently refused a man's application seeking a DNA test of his child, alleging that the child born to the couple during their marriage was not his.

While doing so, Justice Shamim Ahmed made it clear that DNA tests could not be used as shortcuts to prove alleged infidelity that may have taken place decades ago. The court added that the necessity of DNA tests should be determined through the prism of the child and not that of the parents.

The court further held that the child should not be used as a pawn to show that the child's mother was living in adultery. The court also observed that the husband can always bring in other evidence to establish the adultery of the wife, and the child's identity should not be sacrificed for such claims.

NDPS Act | Madras High Court Questions Pattern In Contraband Recoveries Barely Exceeding Commercial Quantity Threshold

Case Title: Krishnan v. The State

Citation: 2025 Livelaw (Mad) 341

The Madras High Court recently observed that in most cases under the Narcotics and Psychotropic Substances (NDPS) Act, the police seizure usually ends up being barely above the commercial quantity of contraband specified under the Act.

Justice S Srimathy added that when the commercial quantity was given as 1 kg, the police seizure would usually be 1.1kg, being just above the commercial quantity.

The Court made the observations while granting bail to a man accused under the Act. The court noted that there was no material other than the confession against the man. Noting that there were no previous cases against him, the court relied on the second limb of Section 37 and concluded that he was not likely to commit any offence while on bail.

Police Laxity In Handling Missing Persons Cases Leading To Filing Of Habeas Corpus Pleas: Madras High Court

Case Title: Raja Lakshmi v State of Tamil Nadu and Others

Citation: 2025 LiveLaw (Mad) 342

The Madras High Court recently criticised filing of habeas corpus petitions in cases of missing persons, without establishing a prima facie case of illegal detention.

The Madurai bench of Justice AD Jagadish Chandira and Justice R Poornima noted that though the police department had sufficient infrastructure to deal with missing cases, they were not using it properly and often ignoring the guidelines which resulted in filing of the HCPs invoking the extraordinary jurisdiction of the courts.

The court added that constitutional courts across the country have condemned invoking the extraordinary jurisdiction of the courts in man-missing cases without prima facie case. The court added that habeas corpus plea was a speedy remedy available only in case of an illegal detention.

Societies Can't Be Run Indefinitely Through Court Appointed Administrators, Will Infringe Democratic Rights Of Members: Madras High Court

Case Title: Akila Thiruvidancore Siddha Vaidhya Sangam v. A.T.S.V.S.Siddha Medical College & Hospital

Citation: 2025 LiveLaw (Mad) 343

The Madras High Court recently held that courts cannot run the administration of a Society or any Institution infinitely, by appointing an interim administrator.

The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq held that the appointment of interim administrator must always be a temporary corrective measure because of the factual exigencies. The bench also remarked that after appointing interim administrators, the courts should ensure that elections are conducted swiftly.

The court remarked that it was not primarily intended to run administrations and the court's jurisdiction must be only to resolve dispute and ensure lawful governance. The court added that appointment of interim administrators should be resorted to only in situations where democratic governance is rendered impossible due to factual exigencies.

Customs | FERA Penalty U/S 50 Not Applicable For Export Shortfall Below 10%; Exporter Can Write-Off Unrealised Bills: Madras High Court

Case Title: P. Balasubramaniam v. The Appellate Tribunal for Foreign Exchange

Citation: 2025 Livelaw (Mad) 344

The Madras High Court stated that the FERA (Foreign Exchange Regulation Act) penalty under Section 50 is not applicable for export shortfall below 10%; the exporter can write off unrealised bills.

Justices S.M. Subramaniam and C. Saravanan stated that even otherwise, since Section 18(1)(a) of the Foreign Exchange Regulation Act is to be read along with Section 18(2) and Section 18(3) of the Foreign Exchange Regulation Act, penalty under Section 50 of the Foreign Exchange Regulation Act is not applicable to the facts and circumstances of the case as admittedly the Appellants/Exporters had failed to realize approximately 5.45% of the export proceeds.

Armstrong Murder Case | Madras High Court Orders Postmortem Of Prime Accused Who Died In Custody, Directs Forensic Exam Of Visceral Samples

Case Title: Visalakshi v. Secretary to Government

Citation: 2025 LiveLaw (Mad) 345

The Madras High Court, on Friday, has ordered a postmortem of Nagendran, the prime accused in the murder of Bahujan Samaj Party leader Armstrong. Nagendran had died on 9th October, 2025, while under police custody.

Since Nagendran's family had raised allegations of poisoning by the police, Justice Satish Kumar has also ordered five visceral samples to be collected and sent to the Forensic Department. The court has also ordered that the postmortem be conducted by two government surgeons and overseen by Dr.B.Santhakumar, Dean (Retd.), Government Thoothukudi Medical College, Thoothukudi.. The court has also asked the entire procedure to be video recorded.

Madras High Court Directs State To Constitute TN Heritage Commission Within 4 Weeks, Restrains Construction In Tiruvannamalai Temple

Case Title: A. Radhakrishnan v. The Secretary to the Government and Others

Citation: 2025 LiveLaw (Mad) 346

The Madras High Court has directed the Tamil Nadu government to constitute a Tamil Nadu Heritage Commission, as per the Tamil Nadu Heritage Commission Act, within four weeks.

The bench of Justice R Suresh Kumar and Justice S Sounthar remarked that even though one and half years had passed since the passing of the Tamil Nadu Heritage Commission Act, no action had been initiated by the State to constitute the commission, which was necessary to give advice with respect to development, restoration, preservation, etc of huge buildings, including temples and temple related structures.

Disciplinary Action To Be Taken Against Officers Who Grant Sanction For Constructing Public Buildings On Water Bodies: Madras High Court

Case Title: Prakasam v. The District Collector

Citation: 2025 LiveLaw (Mad) 347

The Madras High Court has directed the State Government to issue directions/circulars stating that appropriate disciplinary action against any officer who grants sanction for constructing public buildings/institutions on water bodies. The court said that action should be taken to recover the monetary loss that is caused to the State exchequer through such sanctions.

The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan was hearing a public interest litigation in connection with the construction of new Primary Health Centre and Panchayat office buildings on land which had been reserved as waterbody/canals.

Thiruparakundram Hill Row | After Split Verdict, Third Madras High Court Judge Rules Against Animal Sacrifice At Dargah

Case Title: S Paramasivam v. The District Collector and Others

Citation: 2025 LiveLaw (Mad) 348

The third judge of the Madras High Court, appointed to resolve the split verdict in connection with pleas against animal sacrifice at the Thiruparakundram Hills, on Friday, ruled against allowing such practice at the hills.

While Justice Nisha Banu had refused to interfere with the practice of animal sacrifice, Justice S Srimathy had taken a different view and said that the Dargah should approach the civil court to establish their right to practice the Kandoori animal sacrifice and prayers during Ramzan, Bakrid and other Islamic festivals.

Justice R Vijayakumar, who was appointed after the split verdict by a bench of Justice J Nisha Banu and Justice S Srimathy, concurred with the views taken by Justice S Srimathy and noted that the practice of animal sacrifice was not being performed in all dargahs/mosques and was thus, not an essential religious practice to claim protection under Article 25 of the Constitution

Moral Policing Women Violative Of Article 21, Contributes To Social Ostracisation And Even Suicide: Madras High Court

Case Title: Navanitha v. The State

Citation: 2025 LiveLaw (Mad) 349

The Madras High Court recently highlighted that women, especially in rural areas, are often the worst victims of moral policing and such moral policing infringes their fundamental rights under Article 21 of the Constitution.

Justice L. Victorial Gowri added that the courts could not be oblivious to the dangers of moral policing, as these practices often lead to social ostracisation of women and sometimes even drives them to commit suicide.

The court highlighted that the dignity of women is protected by way of Article 21 of the Constitution, and any act of moral policing, particularly targeting women, would be a direct assault on this constitutional guarantee.

Madras High Court Asks Judicial Academy To Provide Special Training To Judicial Officers Over Non-Compliance With S.35 POCSO Act

Case Title: Uma Maheshwari v. The Principal Secretary to Government

Citation: 2025 LiveLaw (Mad) 350

The Madras High Court has asked the Tamil Nadu State Judicial Academy to conduct a special training session for judges presiding over the special courts dealing with offences under the Protection of Children from Sexual Offences Act.

The bench of Justice CV Karthikeyan and Justice R Vijayakumar made the request after noting that many special courts were not complying with the mandate under Section 35 of the Act, which required the courts to examine the victim child within 30 days from the date of taking cognisance of the chargesheet.

The court told the Judicial Academy that the training session should sensitise the officers about the statutory requirement and the importance of promptly taking cognisance of chargesheets.

Visitation Right Of Parents Should Not Affect Development Child: Madras High Court

Case Title: P v. S

Citation: 2025 LiveLaw (Mad) 351

The Madras High Court has stressed that while deciding the visitation rights of the parents, it should be noted that the child's schooling and the child's physical, moral and emotional development should not be affected.

Justice M Jothiraman reiterated that while dealing with cases pertaining to visitation rights, the court's paramount consideration should be the welfare of the child. The court added that though the parents had a visitation right, it should not disrupt the child's development.

Madras High Court Sends Judicial Officer To Training For Convicting POCSO Accused Based On Victim's Statement U/S 164 CrPC

Case Title: Palraj v. Inspector Of Police

Citation: 2025 LiveLaw (Mad) 352

The Madras High Court has asked a Judicial Officer to be sent to the State Judicial Academy to attend training programs to understand the fundamentals of criminal law.

The bench of Justice AD Jagadish Chandira and Justice R Poornima gave directions to the registry after noting that the judge, who was presiding over the Special Court for POCSO cases, had found a man guilty based on the victim's statement under Section 164 of the CrPC.

Grant Of Gun License A Privilege But Its Renewal Is A Right Unless Grounds For Refusal Are Established: Madras High Court

Case Title: Magudapathi v. The District Magistrate cum District Collector

Citation: 2025 LiveLaw (Mad) 353

The Madras High Court recently observed that getting a license to bear arms is a privilege however, once the license is granted, the privilege becomes a right and an application for renewal of gun license would stand on a better footing.

The court added that an application for renewal of license cannot be denied unless the authority establishes the grounds for rejection.

Justice GR Swaminathan observed that while the onus is on the applicant to make out a case for the grant of a license, onus will shift to the authorities at the time of renewal. The court added that the reason assigned by the authority for refusing to grant a license will be subjected to greater scrutiny, and it will be tested whether the authority has discharged the burden cast on it.

Madras High Court Disposes Of Plea By IOC Against Strike By LPG Transport Owners Association After They Accept State's Proposal

Case Title: M/s Indian Oil Corporation Limited v. The Commissioner of Civil Supplies and Consumer and Others

Citation: 2025 LiveLaw (Mad) 354

The Madras High Court, on Tuesday, disposed of a petition filed by the Indian Oil Corporation against the strike conducted by the LPG transport owners' association.

Justice M Dhandapani disposed of the plea after taking note of the submissions made by Assistant Solicitor General ARL Sundaresan, informing the court that the existing tenders will be allowed to continue the work till 31st March 2026. Since the Southern regional Bulk LPG Transport Owners Association, who were also the respondents in the case, accepted the proposal, the court disposed of the plea.

Dismissal For Threatening Manager Not Disproportionate When Employee Has Record Of Similar Misconduct: Madras HC

Case Name : A. Shanthi vs. State of Tamil Nadu & Ors.

Citation: 2025 LiveLaw (Mad) 355

A Division bench of the Madras High Court comprising Justice C. V. Karthikeyan and Justice R. Vijayakumar held that dismissal for abusive and threatening conduct against a superior is not disproportionate when the employee has a history of similar past misconduct.

It was observed that previous misconduct of similar nature on two occasions necessarily had to be taken into account while determining the appropriate punishment for the repeated offences involving abusive and threatening conduct against the Branch Manager. It was held by the court that the Labour Court duly considered the issue of proportionality of the punishment and held that the punishment was not disproportionate under the circumstances.

Madras High Court Rejects Plea For Maintenance From Bedridden Senior Citizen Husband, Says Can't Burden Him With Additional Responsibility

Case Title: M v. M

Citation: 2025 LiveLaw (Mad) 356

The Madras High Court recently refused to order maintenance to a woman noting that her husband, who was a senior citizen could not be burdened with the additional responsibility of paying maintenance.

Justice Victoria Gowri noted that the husband had been neglected by his family despite his medical needs. The court noted that the husband also had a right to be protected under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court held that it had to strike a balance between the rights of both parties to be maintained.

Public Information Under RTI Act Cannot Be Classified As Company's Official Document: Madras High Court

Case Title: The Manager v. Aron K Thiraviaraj

Citation: 2025 LiveLaw (Mad) 357

The Madras High Court recently upheld an order of a single judge setting aside the departmental proceeding against a man for pasting the information related to the party on the notice board.

The bench of Justice CV Karthikeyan and Justice R Vijayakumar noted that the information, that was disclosed under the Right to Information Act would not be an “official document” of the company, or that relating to the company's internal operations. The court added that the information was already available in the public and was lawfully disclosed and pasting such information in the company's notice board would not be violative of the standing orders.

Madras High Court Upholds Life Sentence Of Man Who Sexually Abused, Impregnated Daughter's Friend

Case Title: Murugesan @ Murugesh v. The State and Others

Citation: 2025 LiveLaw (Mad) 358

The Madras High Court has upheld the conviction and sentence imposed on a man for sexually assaulting and impregnating his daughter's friend, who was a minor and belonged to the Scheduled Caste community.

The bench of Justice MS Ramesh and Justice V Lakshminarayanan remarked that the case was yet another example of how children from the vulnerable sections of society were placed in unfortunate positions.

Madras High Court Asks Air India To Pay ₹35K To Man Who Found Hair In Food, Says Airline Attempted To Pass Liability To Caterer

Case Title: General Manager, Southern India Region v. P Sundarapariporanam

Citation: 2025 LiveLaw (Mad) 359

The Madras High Court has directed Air India Limited to pay a compensation of Rs. 35,000 to a man, who had found a hair in the food packet served to him on flights.

Justice PB Balaji noted that the airlines were negligent and had mischievously attempted to shift the liability to the caterer. Though the court interfered with the order of trial court imposing a compensation of Rs. 1,00,000, the court directed the airline to pay the cost of the suit and the court fee expenses.

The court noted that while, on the one hand, the company claimed that the passenger had not made any complaints on board, on the other hand, the company had also said that the oral complaint of the passenger was radioed to the senior catering manager who also talked to the passenger after arrival.

Mutually Contradictory Findings By Same Arbitrator At Different Stage Of Proceedings Renders Final Award Patently Illegal: Madras High Court

Case Title: TRULIV Properties and Services Private Limited Vs C.Ravishankar

Citation: 2025 LiveLaw (Mad) 360

The Madras High Court held that declaring earlier proceedings non est, even when no objections were raised regarding the recording of the undertaking in those proceedings, constituted a perverse finding. The Court observed that such proceedings, which merely recorded an undertaking, could not fall within the ambit of Section 31 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) as they did not amount to an order. Raising this issue suo motu was held to be a violation of the principles of natural justice. The Court further noted that the arbitrator's final award contradicted his earlier findings under Section 17 of the Act, thereby rendering the award patently illegal.

Justice N. Anand Venkatesh held that “the finding that was rendered at the time of passing the interim order and the finding that was rendered at the time of passing the final award are mutually contradictory. The above perverse finding is also irrational, since the same Arbitrator could not have rendered one finding at the time of passing the interim order and a completely conflicting finding at the time of passing the final award.”

Application U/S 29A Of A&C Act Is Not Maintainable After Termination Of Proceedings Following Arbitrator's Withdrawal: Madras High Court

Case Title: SALLY THERMOPLASTIC INDIA LIMITED Vs. LEARNING LEADERSHIP FOUNDATION

Citation: 2025 LiveLaw (Mad) 361

The Madras High Court held that section 29A of the Arbitration and Conciliation Act, 1996 (Arbitration Act) can be invoked only when the proceedings are pending. It cannot be invoked when the arbitral tribunal has become functus officio.

Justice N. Anand Venkatesh held that “in the case in hand, the proceedings were abandoned and consequently stood terminated as was explained supra. Thereafter, there is no question of filing an application seeking for extension of time for a non-existent Arbitral Tribunal. Therefore, as rightly contended by the learned counsel for the respondent, the present application is not maintainable”.

Arbitral Proceedings Cannot Continue Once Moratorium Under IBC Is In Effect, Creditors' Recourse Lies Before Liquidator: Madras High Court

Case Title: M/s.AL TIRVEN STEELS LTD Vs. M/s.IVRCL Assets and Holding Ltd

Citation: 2025 LiveLaw (Mad) 362

The Madras High Court bench of Justice N. Anand Venkatesh held that arbitration proceedings cannot continue after commencement of liquidation, any order passed thereafter is not legally sustainable. However, considering that continuation of arbitration proceedings would be futile and that the petitioner had not been informed of the commencement of the liquidation, the court allowed the petitioner to file its claim before the liquidator.

The court observed that since moratorium under section 14 of the IBC had come into operation even before the termination of arbitration proceedings, the continuation of arbitration proceedings would be futile. It held that “even if this Court permits the arbitration proceedings to continue and an award is also passed in favour of the petitioner, it is not certain what subsequent remedy can the petitioner seek even after obtaining the award".

State Should Conduct Itself In Transparent Manner, Not Show Bias In Public Employment: Madras High Court

Case Title: T. Gangeswari v. The State and Others

Citation: 2025 LiveLaw (Mad) 363

The Madras High Court recently observed that State, as an employer, should conduct itself in a fair and transparent manner and give an opportunity to all candidates to fulfil their aspirations of securing a government job.

Justice T Vinod Kumar highlighted that the State should not show favouritism and bias in favour of any candidate by altering the records. Noting that the State had altered the records of the employment exchange to give employment to a candidate, the court opined that such employment could not be given the stamp of approval.

Karur Stampede: Madras High Court Grants Bail To TVK Salem District Secy Booked For Assaulting Ambulance Driver

Case Title: N Venkatesan v. The State of Tamil Nadu

Citation: 2025 LiveLaw (Mad) 364

The Madras High Court has granted bail to N Venkatesan, Salem District Secretary of Tamilaga Vettri Kazhagam Party for allegedly assaulting an ambulance driver in the aftermath of the Karur Stampede last month.

Justice S Srimathy ordered Vebkatesan to be released on bail by executing a surety for Rs. 10,000 on the condition that he report before the Karur Town Police Station daily at 10:30 a.m. for one week and thereafter when required.

Venkatesan was arrested and remanded to judicial custody on October 9, 2025, for offences under Sections 191(2) [Rioting], 296(b) [obscene acts and songs], 115(2) [voluntarily causing hurt], 127(2) [wrongful confinement], 351(2) [criminal intimidation] of the BNS read with Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act 1992.

Juvenile Justice Act Prevails Over Muslim Personal Law; Adopted Child Has Same Status As Biological Child: Madras High Court

Case Title: K Heerajohn v. The District Registrar and Another

Citation: 2025 LiveLaw (Mad) 365

The Madras High Court recently said that the provisions of the Juvenile Justice Act would prevail over the muslim personal laws, and an adopted child will have the same status as that of a biological child.

Justice GR Swaminathan also highlighted administrative delays in adoption procedures and said that such delays deprive the child of the formative experiences and opportunities that could alter their life's trajectory. The court thus highlighted that the authorities under the Juvenile Justice Act are obliged to speed up the adoption process.

Lawyer's Mistake Should Not Affect Litigant, Courts Must Be Lenient While Setting Aside Ex-Parte Decrees: Madras High Court

Case Title: Joe Micheal Praveen v. Apsara Reddy and Another

Citation: 2025 LiveLaw (Mad) 366

The Madras High Court recently emphasised that the interest of the litigant should not be affected due to the errors or mistakes committed by the lawyers.

The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq added that the courts should normally take a lenient view while setting aside ex parte decrees. The court added that ex parte decrees must be awarded only in exceptional cases where the conduct of the party is totally indifferent.

The court was hearing an appeal filed by a YouTuber, Joe Micheal Praveen, against the order of a judge refusing to set aside an order directing him to pay Rs. 50 Lakh as compensation to Apsara Reddy, AIADMK sportsperson, for making derogatory statements against the latter.

Madras High Court Notes Centre's SOP To Curtail Dissemination Of Non-Consensual Intimate Images, Closes Woman Lawyer's Plea

Case Title: X v. Union of India

Citation: 2025 LiveLaw (Mad) 367

The Madras High Court, on Wednesday, closed a plea filed by a young woman lawyer to take down her intimate photos and videos that her former partner had posted without her consent.

Justice M Dhandapani took note of the Standard Operating Procedure that was submitted by the Ministry of Electronics and Information Technology for curtailing the dissemination of Non-Consensual Intimate Imagery Content. Previously, the court had asked the Ministry to explain the steps to be taken by a victim girl when her intimate photos/videos are posted online without consent.

The court directed the petitioner to approach the concerned authorities under the SOP for removing any further images/videos of the lawyer that may be uploaded, and closed the plea.

"Surprising": Madras High Court On Service Of Summons After 12 Years Of Case Being Filed, Says Institutions Failed In Their Obligations

Case Title: Ramasamy v State of Tamil Nadu and Others

Citation: 2025 LiveLaw (Mad) 368

The Madras High Court was recently surprised to note that the summons in a criminal case was served 12 years after the case was taken on file.

Justice B. Pugalendhi noted that the delay was attributable to both the police and the court registry. The court said that while the police failed to cause service of summons in time, the Judicial Magistrate also failed to verify whether the summons was issued, and did not call for an explanation for non-service.

The court also took note of the proceedings of the Director General of Police who had instructed all police personnel to utilise the e-summon mobile application. The court directed the Chief Secretary, the Secretary to the Government (Home Dept), the DGP, the Registrar General and the Registrar General (IT) to work in tandem and ensure strict compliance of e-summons.

Madras High Court Quashes Unlawful Assembly Case Against Men Who Gathered To Watch Live Telecast Of Ram Temple Consecration

Case Title: Sureshbabu and Others v State

Citation: 2025 LiveLaw (Mad) 369

The Madras High Court has quashed the criminal proceedings initiated in 2024, against a group of men for alleged unlawful assembly, noting that the men had gathered to watch the live telecast of the Ayodhya Ram temple ceremony.

Justice N Satish Kumar noted that whenever some religious functions are conducted, there would be some grievances by other groups. The court added that merely because the people had gathered to watch the function, it could not be said to be an unlawful assembly to attract the offences under the IPC.

The court remarked that the mere launching of the FIR was not sufficient to conclude that the offences had been made out. The court also observed that continuing the prosecution on shaky grounds or without materials would amount to abuse of process of law.

Departmental Proceedings Against Retired Employees Can't Be Initiated For Incidents Occurring More Than Four Years Before Issuance Of Charge Memo: Madras HC

Case Name : K. Sadhasivam Vs. The Principal District Judge, Thoothukudi District, Thoothukudi

Citation: 2025 LiveLaw (Mad) 370

A Division bench of the Madras High Court comprising Chief Justice Manindra Mohan Shrivastava and Justice R. Poornima held that the departmental proceedings against a retired government servant cannot be instituted for an event that took place more than four years prior to the issuance of the charge memo.

It was observed by the court that a departmental proceeding is deemed to be instituted only on the date the statement of charges is formally issued to the government servant or pensioner, as defined under Rule 9(6)(b).

It was further observed that Rule 9(2)(b) imposes a limitation that proceedings not instituted while in service shall not be in respect of any event which took place more than four years before such institution.

Cock Fights Can't Be Given Cultural Status In Tamil Nadu, No Legal Right To Conduct It: Madras High Court

Case Title: M Muventhan v. The District Collector

Citation: 2025 LiveLaw (Mad) 371

The Madras High Court recently observed that there was no legal right to conduct a cock fight as the Statute expressly prohibits an animal fight organised by humans.

Justice GR Swaminathan noted that Section 11(1)(m)(ii) and Section 11(1)(n) of the Prevention of Cruelty to Animals Act penalise any person who entices any animal to fight any other animal or who organises, keeps, uses or acts in the management of any place for animal fighting. Thus, noting that there was a statutory bar, the court was not inclined to grant the relief.

The court added that though cock fights were prevalent and well known, it could not be given a cultural status. The court added that the petitioner may have a legal right if the State decides to bring an amendment to the Prevention of Cruelty to Animals Act, similar to one brought in 2017 following the Jallikattu issue.

Madras High Court Reverses Acquittal Of Man Who Planned Bomb Attack On LK Advani During His Madurai Rath Yatra In 2011

Case Title: The State v. Mohammed Hanifa @ Tenkasi Hanifa

Citation: 2025 LiveLaw (Mad) 372

The Madras High Court has set aside the order acquitting Mohammed Hanifa @ Tenkasi Hanifa for planning a bomb attack on former Home Minister LK Advani during his Rath Yatra in Madurai in 2011.

The bench of Justice P Velmurugan and Justice L Victoria Gowri noted that though the trial court had pointed out certain contradictions for acquitting the accused, the contradictions were not material to go to the root of the prosecution case. The court noted that the contradictions were only minor.

The court was hearing an appeal by the Special Investigation Division, CB-CID wing, against the order of the Principal Sessions Judge, Dindigul, acquitting the accused. The prosecution's case was that while the case against the accused was pending for attempting to attack former Home Minister LK Advani through a planted bomb, the accused absconded at the preliminary stage. Following this, a non-bailable warrant was issued.

Madras High Court Recognises Cryptocurrency as Property, Says It Can Be“Held in Trust”

Case Title: Rhutikumari v. Zanmai Labs Pvt Ltd and Ors

Citation: 2025 LiveLaw (Mad) 373

The Madras High Court on Saturday recognized cryptocurrency as a form of property that can be owned, enjoyed and held in trust, while granting protection to an investor whose digital assets were frozen on the WazirX exchange after a massive cyberattack.

In an order passed by Justice N Anand Venkatesh in an arbitration plea seeking interim relief, the court relied on two Supreme Court rulings, Ahmed G.H. Ariff v. Commissioner of Wealth Tax and Jilubhai Nanbhai Khachar v. State of Gujarat, which broadly define the concept of “property,” and observed that these principles apply equally to cryptocurrencies

It held “Judging from the above two decisions, there can be no doubt that “crypto currency” is a property. It is not a tangible property nor is it a currency. However, it is a property, which is capable of being enjoyed and possessed (in a beneficial form). It is capable of being held in trust.”

Karur Stampede: TVK's Bussy Anand Withdraws Anticipatory Bail Plea From Madras High Court After Transfer Of Probe To CBI

Case Title: N Anand @ Bussy Anand v. State

Citation: 2025 LiveLaw (Mad) 374

Tamilaga Vettri Kazhagam (TVK) party's general secretary N Anand @ Bussy Anand, on Monday (October 27) withdrew an anticipatory bail petition filed by him in the Madras High Court in connection with the Karur Stampede.

Anand's counsel informed a bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan that he intended to withdraw the plea, since the investigation had been transferred to the Central Bureau of Investigation (CBI) following the orders of the Supreme Court. Taking note of the same, the court allowed his request and dismissed the plea as withdrawn.

Customs Brokers Licensing Regulations | 'Offence Report Need Not Be Penal'; 90-Day Period Begins Only Upon Receipt Of Report: Madras High Court

Case Title: M/s. ACS Shipping & Logistics v. The Commissioner of Customs

Citation: 2025 LiveLaw (Mad) 375

The Madras High Court stated that the offence report under Regulation 17(1) Customs Brokers Licensing Regulations, 2018, need not necessarily have a penal connotation. Also, it stated that the 90-day limitation period begins only upon receipt of the offence report.

The bench stated that, "the offence report must be received by the office of the licensing authority, and the limitation period will start running only from the date of its receipt. Even if the licensing authority can be attributed with knowledge in this regard, that would not count for the purpose of limitation. It is the date of receipt of the offence report that is material. Such an interpretation alone would be in consonance with the text of Regulation 17."

Justice G.R. Swaminathan stated that an offence report need not necessarily have a penal connotation. Any official communication or proceeding or order, or notice setting out the misconduct committed by the customs broker in any customs station would qualify to be an offence report. The offence report need not be in any particular format. The only requirement is that the offence report has to emanate from an official source.

Deliberate Non-Participation In Arbitral Proceedings Not Grounds To Resist Enforcement Of Award: Madras High Court

Case Title: M/s Vittera B.V. v. M/s SKT Textile Mills

Citation: 2025 LiveLaw (Mad) 376

The Madras High Court bench of Justice N Anand Venkatesh has observed that when a party purposely fails to avail an opportunity duly accorded by the Arbitral Tribunal to present its case, it cannot later use its own default as a ground to resist enforcement of the resultant award.

The Court relied on the judgment of the Apex Court in Centrotrade Minerals and Metals Inc. v. Hindustan Copper Limited wherein it was observed that where the party fails to take advantage of an opportunity duly accorded to, it cannot later invoke that ground. The Court observed that the ground under Section 48(1)(b) of the Act will not be available to a party, which makes a conscious and deliberate decision not to participate in the arbitral proceedings after receiving due notice of their commencement. A written communication made by a party refusing to participate in the proceedings constitutes a waiver of their own right to present their case.

Madras High Court Orders Three Police Officers To Pay ₹10 Lakh Compensation To Man They Framed In Drugs Case

Case Title: A Vignesh v. State

Citation: 2025 LiveLaw (Mad) 377

The Madras High Court has directed three police officers who entered an "unholy alliance" to secure conviction of a man under the Narcotic Drugs and Psychotropic Substances (NDPS) Act using false evidence, to pay Rs. 10 Lakh as compensation.

Justice KK Ramakrishnan noted that the man was in custody since the date of his arrest, without bail.

The court reiterated that a fair investigation and trial are the fundamental rights of an accused and the officers should always present true facts of the case. The court thus directed the Director General of Police to conduct an independent enquiry against the officers.

Customs Authorities Lack Jurisdiction To Issue Directions Under GST Law: Madras High Court

Case Title: National Association of Container Freight Stations v. The Joint Commissioner of Customs

Citation: 2025 LiveLaw (Mad) 378

The Madras High Court recently held that Customs authorities have no jurisdiction to issue directions under the Goods and Services Tax (GST) law. The Court struck down a February 2021 public notice issued by the Chennai Customs that sought to regulate the GST treatment on auctioned cargo.

A single bench of Justice N Anand Venkatesh ruled that such powers lie exclusively with authorities designated under the GST Act.

The Court further clarified that Customs authorities may issue Public Notices only to explain or implement provisions and procedural changes under the Customs Act, and that such powers do not extend to matters governed by other statutes, including the GST laws.

Principles Of Natural Justice Are Non-Negotiable In Arbitral Proceedings Even If Tribunal Is Comprised Of Lay Persons: Madras High Court

Case Name: M. Maher Dadha v. Mr. S. Mohanchand Dadha and Ors.

Citation: 2025 LiveLaw (Mad) 379

The Madras High Court, while setting aside an arbitral award, has observed that despite the arbitral Tribunal comprising elder family members, who are lay persons and not well-trained legal minds, the principles of natural justice have to be followed. If an award is passed without giving an opportunity to either of the sides to present their case, the same would violate Section 34(2)(a)(iii) of the A&C Act.

The bench of Justice N. Anand Venkatesh, while hearing a challenge under Section 34 of the A&C Act, observed that the arbitral Tribunal did not give an opportunity to Mr Maher Dadha (“the Petitioner”) at a very crucial stage of the arbitral proceedings. Furthermore, the Tribunal did not reply to the Petitioner's letter dated 01.10.2005, wherein an accommodation to reschedule the hearing from 05.10.2005 was sought.

'Judge Expressing Strong Opinion In Hearing Doesn't Mean Prejudice': Madras High Court Judge Refuses To Recuse From Madras Race Club Case

Case Title: The State of Tamil Nadu and Another v. Madras Race Club and Others

Citation: 2025 LiveLaw (Mad) 380

Justice SM Subramaniam of the Madras High Court recently refused to recuse from a case initiated by the State of Tamil Nadu against the Madras Race Club.

The Club had sought Justice Subramaniam's recusal citing his "adverse findings" in another case involving the Club.

The judge said that if such requests were allowed, it would pave the way for forum shopping or bench hunting and would be initiating a wrong practice.

Sitting in a division bench with Justice Mohammed Shaffiq, the judge observed that it was common for the judges to express opinions during the hearing, but it would not always mean that the case had been prejudiced. The court further said that if every remark of a judge were to be construed as one indicating prejudice, most judges would fail to pass the exacting test.

Offence Purely Personal: Madras High Court Quashes POCSO Case Against Man Who Married 17-Year-Old Girl

Case Title: Kamaraj v. State and Others

Citation: 2025 LiveLaw (Mad) 381

The Madras High Court has quashed a case against a man under the Protection of Children from Sexual Offences Act, for allegedly committing sexual assault on a minor girl.

Justice N Sathish Kumar relied on the decisions of the Supreme Court, where the court had laid down guidelines that must be taken into consideration by the courts while quashing non-compoundable offences. As per the principles, if the crime is purely against society with overriding public interest, it cannot be quashed even if the parties have entered into a settlement.

In the present case, the court noted that the offence was purely personal and involved the future of two young persons in their early twenties. The court added that no useful purpose will be served in continuing the criminal proceedings and it would only cause mental agony to the accused, victim and their parents.

Document Presenter Can't Avoid Stamp Duty By Withdrawing Instrument Before Registration: Madras High Court

Case Title: Gita Power and Infrastructure Private Limited v. The Inspector General of Registration and Others

Citation: 2025 LiveLaw (Mad) 382

The Madras High Court recently held that a presenter of a document for registration cannot seek its return without paying the deficit stamp duty decided by the registering authority or the collector.

The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq noted that, as per the provisions of the Indian Stamp Act and the registration Rules, when a document or instrument is presented for registration, it would be scrutinised for the correctness of the stamp duty paid. If it is found that the stamp duty paid is insufficient, the Registering Authority is duty-bound to impound the document and send it to the Collector for the determination of stamp duty.

The court noted that after the stamp duty is determined by the Collector, it is sent back to the registering authority, who then issues a notice to the presenter, who then decides whether to continue with the registration process or seek the return of the document. The court thus pointed out that execution of the document would be sufficient for recovering the deficient stamp duty.

Grandparents Executing Adoption Deed On Behalf Of Unmarried Daughter Is Valid If Done With Her Consent: Madras High Court

Case Title: A Kannan v. The Union Territory of Puducherry and Others

Citation: 2025 LiveLaw (Mad) 383

The Madras High Court recently held that in case of adoption of an unmarried woman's child, an adoption deed executed by the grandparents would be valid, when it is shown that the mother had concurred to such adoption.

Justice Dhandapani highlighted that the concept of adoption is to facilitate the permanent care and protection of the child. The court added that so long as the interests of the child are met, the authorities should not focus on the intricacies of the process, hampering the welfare of the child.

'National Security Policy Can't Be Stalled On Technicalities': Madras High Court Upholds Conversion Of Ordnance Factories Into Defence PSUs

Case Title: All India Defence Employees Federation (AIDEF) v. Government of India and Others

Citation: 2025 LiveLaw (Mad) 384

The Madras High Court recently dismissed a petition filed against the decision of the Union Government's decision to convert production units of Ordnance Factory Board into seven Defence Public Sector Units.

The bench of Justice R Suresh Kumar and Justice Hemant Chandanagoudar rejected the argument put forward by the employees' association that the decision was made even before the conciliation failure report was received by the Governemnt. The court held that when such policy decisions were taken by the government for the security of the country, it should not be stalled on hyper-technical objections.

Test Of Prejudice Irrelevant When Tribunal Is Constituted Without Consent Of JV Partner: Madras High Court Sets Aside Arbitral Award

Case Title: M/s Nilakantan & Brothers Constructions Pvt. Ltd. v. Board of Trustees of the Port of Chennai & Anr.

Citation: 2025 LiveLaw (Mad) 385

The Madras High Court set aside an arbitral award passed against M/s Nilakantan & Brothers Constructions Pvt. Ltd. (“the petitioner”) on the ground that since the arbitral tribunal was constituted without obtaining the consent of a Joint Venture Partner, it lacked jurisdiction. The court further held that the appointment cannot be validated merely on the ground that no prejudice would be caused to a party.

Justice N. Anand Venkatesh held that “the Tribunal did not go into this issue and the Tribunal straight-away went into the issue of prejudice. The issue of prejudice will not really matter when it touches upon the very jurisdiction of the Tribunal to conduct the proceedings insofar as the petitioner is concerned. Whether the petitioner will be prejudiced or not becomes irrelevant, when the constitution of the Arbitral Tribunal was not done with the consent of the petitioner.”

Petition U/S 34 A&C Act Filed With Deficit Court Fee Is Non-Est Unless Paid Within Limitation Period: Madras High Court

Case Title: M. Gajendran & Anr. v. R. Munirathinam & Ors.

Citation: 2025 LiveLaw (Mad) 386

The Madras High Court held that filing of a petition with deficit court fee does not amount to proper presentation. If the entire court fee is not deposited within the limitation period under section 34(3) Arbitration and Conciliation Act, 1996 (Arbitration Act), the court is divested of its power to condone the delay.

Justice N. Anand Venkatesh held that "filing of a petition with deficit Court fee cannot be construed as proper presentation of the petition. If such presentation of the petition has to be regularized, the deficit Court fee must be paid within the limitation period prescribed under Section 34(3) of A and C Act. If the same is not done, the Court is divested of its power to condone the delay in the light of mandate prescribed under Section 34(3) of A and C Act.”

“Ganja” Includes Only Flowering Or Fruiting Top Of Cannabis Plant, Not Stem And Stalk: Madras High Court

Case Title: Ganesan v. The State

Citation: 2025 LiveLaw (Mad) 387

The Madras High Court has held that the definition of Ganja does not include the stem and stalk, but only includes the flowering or fruiting top.

Justice KK Ramakrishnan emphasised that when a contraband is accompanied by stems and seeds, the weight of the flowering or fruiting top alone is to be considered for ascertaining the commercial quantity.

It may be noted that as per Section 2(iii)(b) of the Narcotics and Psychotropic Substances Act Ganja has been defined as “ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated”.

The court noted that when the Act itself has excluded seeds and leaves, there is a burden on the prosecution to prove that the contraband seized comes under the definition of Ganja, considering the rigidity of the procedure.

Madras High Court Asks TN Ambedkar Law University To Permit Student With Chronic Schizophrenia To Write Exams

Case Title: Gokula Krishnan B v. The Registrar and Others

Citation: 2025 LiveLaw (Mad) 388

The Madras High Court has directed the Tamil Nadu Dr Ambedkar Law University to permit a student with chronic schizophrenia to write Semester Exams

Justice Anand Venkatesh was hearing a plea by the student seeking exemption from paying the tuition fee as a person with disability. While allowing the student to write the exam as an interim measure, the court made it clear that it would not enure any right to the student for seeking the relief claimed for. The court asked the University to keep the answer papers in a sealed cover until further orders are passed in the plea.

Transactions Purely Commercial; Public Trust Doctrine Can't Defeat Limitation: Madras HC Dismisses GAIL Appeals In ₹246 Cr Dispute

Case Title: M/s GAIL (India) Limited v M/s Coromandal Electric Company Ltd.

Citation: 2025 LiveLaw (Mad) 389

In an important ruling for the natural gas sector, the Madras High Court Bench of Justices G Jayachandran and Mummineni Sudheer Kumar denied appeals by GAIL (India) Limited against five natural gas supplier companies in arbitrations aggregating to Rs. 246 crores, observing that natural gas transactions are commercial and GAIL could not invoke the public trust doctrine to escape limitation.

The Court held that pricing policy and clarificatory letters did not provide any consumer subclassification and rejected the allegation of misrepresentation. The plea of unjust enrichment was held inapplicable as the Buyers generated energy and sold at fixed prices. It observed that public trust doctrine would not apply to this transparent commercial transaction and that concluded contracts could not be reopened by importing new terms. Entertaining GAIL's stance would create perpetual uncertainty against public policy.

Aadhaar Card Holder Has Fundamental Right To Seek Alteration Of Name, Other Details: Madras High Court

Case Title: P. Pushpam v/s The Director, Unique Identification Authority of India and Anr.

Citation: 2025 LiveLaw (Mad) 390

The Madras High Court has held that Aadhaar card holder has the fundamental right to seek alteration of their details in the Aadhar card.

Justice GR Swaminathan in his order observed that the Central Government had introduced the Aadhaar regime and the statute confers right on the Aadhaar number holder to seek alteration.

Referring to the Aadhaar Act the court said that the law was originally intended to ensure that the targeted constituency of the welfare schemes receive the benefit.

Madras High Court Dismisses Former IPS Officer's Appeal To Reject ₹100 Crore Defamation Suit By MS Dhoni

Case Title: G Sampath Kumar v. Mahendra Singh Dhoni and Others

Citation: 2025 LiveLaw (Mad) 391

The Madras High Court has dismissed an appeal filed by retired IPS officer G Sampath Kumar against a single judge order refusing to reject a defamation suit filed by cricketer MS Dhoni against the IPS officer and others.

Dhoni had filed the defamation suit for content made by the respondents in connection with the 2013 IPL betting scandal.

The bench of Justice SM Subramaniam and Justice M Jothiraman, on Friday, dismissed an appeal filed by the former IPS officer.

Public Ground Used By One Community Can't Be Denied To Other: Madras High Court Paves Way For Annadhanam, Calls It Fundamental Right

Case Title: K Rajamani v. The Joint Commissioner and Others

Citation: 2025 LiveLaw (Mad) 392

The Madras High Court recently held that the right to conduct Annadhanam (offering food to people during temple festival) would form part of a person's fundamental right under Article 25 of the Constitution. The court added that the local administration is duty-bound to uphold this fundamental right and deal with the law and order problem that may arise.

Justice GR Swaminathan held that if a public land, belonging to the State, was available for use by the general public, a particular section should not be prevented from using the same on the sole ground of religion and the same would be violative of the Constitution.

Conviction U/S 138 NI Act Not One Affecting Person's Conduct, Can't Deny Pension On Such Conviction: Madras High Court

Case Title: Srinivasan v. The Director and Others

Citation: 2025 LiveLaw (Mad) 393

The Madras High Court has held that recently held that a conviction under Section 138 of the Negotiable Instruments Act was not one affecting the future conduct of a person and such a conviction could not be taken as a ground for denying pension.

Justice K Kumaresh Babu held that the offence under Section 138 of the Negotiable Instruments Act arises out of a contractual dispute between the parties. The court noted that as per the Pension Rules, a person who failed to have good future conduct would be disentitled from receiving a pension. The court observed that the conviction under Section 138 of the NI Act would affect the person's good conduct.

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