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Can HCs Invoke Article 226/227 Constitution To Provide Reliefs Declined By Courts Below Citing Lack Of Statutory Authority?
NIRMALKUMAR MOHANDOSS In the Constitutional scheme of things, the High Courts in India are vested with extraordinary jurisdiction not vested even in the Supreme Court of India. While discussing the powers of the Supreme Court vis-à-vis the High Courts, the Apex Court pointed out in Tirupati Balaji Developers (P) Ltd & Ors., Vs State of Bihar & Ors., [(2004) 5 SCC 1] that: “Under the constitutional scheme as framed for the judiciary, the Supreme Court and the High Courts, bot

Nirmalkumar Mohandoss & Associates
Apr 193 min read


Is Contempt Petition Maintainable Citing Disobedience Of Writ Court’s Order Which Modifies A Labour Court’s Award?
NIRMALKUMAR MOHANDOSS India is a common law country and under Article 215 of the Constitution, a High Court is a Court of record and have the powers to punish contempt of itself. According to Section 2(b) of the Contempt of Courts Act, 1971, ‘ “civil contempt” means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.’ Moreover, Section 12 of the Act provides for the ‘punishment

Nirmalkumar Mohandoss & Associates
Dec 6, 20253 min read


Are Judgments Of High Courts Applicable Throughout India?
NIRMALKUMAR MOHANDOSS India is a common law country and hence precedent is one of the sources of law. The doctrine of stare decisis is...

Nirmalkumar Mohandoss & Associates
Oct 4, 20255 min read


Doctrine Of Delay & Latches Should Not Be Lightly Brushed Aside By Writ Court - SCI
In Chennai Metropolitan Water Supply & Sewerage Board Vs T.T. Murali Babu [Civil Appeal No. 1941 of 2014, reported in CDJ 2014 SC 106],...

Nirmalkumar Mohandoss & Associates
Aug 15, 20255 min read


Can’t Direct Issuance Of Community Certificate Solely Because Petitioner’s Father Possesses Such Certificate: MHC
In A. Manikandan Vs Union of India & Ors., [W.P No. 28886/2024] , the Madras High Court held that in exercise of writ jurisdiction under...

Nirmalkumar Mohandoss & Associates
Apr 5, 20253 min read


Can’t Discriminate One-Year LLM Obtained From National Law Schools In Public Employment: MHC
In Dr. Sangeetha Sriraam vs Teachers Recruitment Board & Ors., [W.P No. 15473/2019] , the Madras High Court has held that a one-year LLM...

Nirmalkumar Mohandoss & Associates
Apr 3, 20254 min read


Can’t Invoke Writ Jurisdiction After Statutory Appeal Is Barred By Limitation: MHC Reiterates
In M/s Ansar Stores Vs The Regional Provident Fund Commissioner (C & R) & Ors., [W.P. No. 37911 of 2024], the Madras High Court...

Nirmalkumar Mohandoss & Associates
Feb 9, 20253 min read


Child Custody Can Be Sought In Interim Application Under The Hindu Marriage Act, 1955: MHC
In S. Ambika Vs C.K.S. Sujee [CRP No. 3846 of 2024] , the Madras High Court has held that child custody can be sought in interim...

Nirmalkumar Mohandoss & Associates
Nov 3, 20242 min read


Insisting Upon Non Traceable Certificate A Wasteful Exercise When Certified Copies Are Produced & Can Be Verified by Sub Registrar : MHC
In P. Pappu Vs The Sub Registrar Rasipuram [W.A. No. 1160 of 2024] , division bench of the Hon’ble Madras High Court has held that when...

Nirmalkumar Mohandoss & Associates
Oct 20, 20243 min read


Will Cannot Be Proved By Admission, Attesting Witness Has To Be Examined : MHC
In D. Rajendiran vs D. Kumararaj, [Second Appeal No.141 of 2019] the Hon’ble Madras High Court has held that a Will cannot be proved by...

Nirmalkumar Mohandoss & Associates
Oct 17, 20244 min read


Lawyers Should Not Use Prefixes, Suffixes & Other Titles That Distinguish Them As A Separate Class: MHC
In M.B. Sujith Vs The Secretary Bar Council of Tamil Nadu & Puducherry and 2 Ors., [W.P. No. 9111 of 2024], the Madras High Court...

Nirmalkumar Mohandoss & Associates
Oct 16, 20243 min read


Registering Authorities Can Refuse Registration Citing Counter Claims If Rules Provide: MHC
In Mr. Sarvothman Vs D. Pushpavathy & 3 Ors., [W.A. No. 109 of 2023], the Division Bench of the Madras High Court has held that “the...

Nirmalkumar Mohandoss & Associates
May 23, 20245 min read


Can’t Deny Suspension Of Sentence On The Ground Of No Arrest & Bail During Trial: MHC
In Shri R. Sekar & Anr., Vs State rep by the Deputy Director, Directorate of Enforcement, Government of India, [Crl MP No. 971/2024 in...

Nirmalkumar Mohandoss & Associates
May 6, 20243 min read


No Declaration Of Status By Compromise – Should Establish By Adducing Evidence: MHC
In K. Vijayapandian Vs The President, The District Legal Services Authority, Virudhunagar & 5 Ors., [W.P. (MD) No. 388 of 2020], the...

Nirmalkumar Mohandoss & Associates
May 5, 20242 min read


TN Court Fees & Suit Valuation Act Is A Taxing Statute – Must Be Read Strictly : MHC
In Sagadevan Vs Rukmani & 4 Ors., [C.R.P (PD) No. 2944 of 2022], the Madras High Court has stated that the Tamil Nadu Court fees and Suit Va

Nirmalkumar Mohandoss & Associates
May 3, 20243 min read


SENIOR CITIZENS: CONDITIONED TO CARE OR A CONDITION TO CARE?
AISHWARIYA PG The population of senior citizens[1] in our Country is 10.38 Crores[2] and in the State of Tamil Nadu is 1.04 Crores,[3]...

Nirmalkumar Mohandoss & Associates
May 2, 202411 min read


Employer’s Discretion To Revoke Suspension & Avoid Subsistence Allowance: MHC
CASE SUMMARY In G. Kaliyamurthy Vs The Secretary, Co-Operative Society Department & 4 Ors., [W.P. No. 18229 of 2021], the Madras High...

Nirmalkumar Mohandoss & Associates
Feb 24, 20242 min read


Labour Court Not Competent To Adjudicate Upon Retrenchment : MHC
In The Management of Prime Data Forms (India) Private Limited Vs The I Additional Labour Court at Chennai and Another, [W.P. No. 20602 of...

Nirmalkumar Mohandoss & Associates
Dec 1, 20233 min read


Rendezvous With Sr.Adv PVS Giridhar: Interview Touching His Profession & Tips on Lawyering
1. Sir, Firstly, congratulations on your designation as a Senior Counsel by the Hon’ble High Court of Madras! Your journey must have...

Nirmalkumar Mohandoss & Associates
Oct 9, 202310 min read


No Explanation For Not Approaching CAT – Writ Not Maintainable: MHC Reiterates
In Savitha Koduvalli Vs The Government of Puducherry & Ors., [W.P. No. 13841 of 2023], the Madras High Court has reiterated that Writ...

Nirmalkumar Mohandoss & Associates
Sep 9, 20232 min read
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