Madras Monthly Digest – January 2026 - 2026-02-24

(A) Code of Civil Procedure, 1908 - Section 100 - Specific Performance of Contract - Second Appeal against decrees concerning execution petitions - The Appellants, as third-party purchasers, contended their ownership over the property vis-a-vis execution of the Sale Deed and the subsequent dismissal of the obstruction claim - The sequence of transactions regarding the property's title was analyzed...

(A) Code of Civil Procedure - Order XXXVII Rule 2 - Summary suit for recovery of money - Defendants argued regarding the validity of a debt confirmation deed executed on a blank stamp paper - The issue of unconditional leave to defend the summary suit was pivotal, particularly regarding whether a triable issue was raised. (Paras 1, 3, 21) (B) Leave to defend - It must be granted if a defendant sho...

(A) Civil Procedure Code - Section 100 - Appeals - The Plaintiff as hereditary trustee filed suit for declaration and injunction regarding temple properties; trial court dismissed the suit, citing previous partition deed. The first appellate court reversed this judgment. The appellate court's failure to provide sufficient reasons led to issues concerning its judgment's validity. (Paras 1, 6, 21, 2...

(A) Hindu Succession Act, 1956 - Sections 6 and 8 - Partition of joint family properties - Appeal against decree confirming division of properties by lower courts - Court held that items 1 and 2 of suit properties are ancestral, while items 3 to 11 are self-acquired properties of the first defendant, and thus shared accordingly. (Paras 10, 15, 18) (B) Evidence - Duty of plaintiffs - It is the plai...

(A) Indian Succession Act - Sections 63, 68 and 222 - Testamentary Original Suit - Plaintiff sought probate of a Will alleged to be executed by testatrix in 1998 - Not proved that execution was free of undue influence or fraud, and surrounding circumstances raised doubts - Suit dismissed. (Paras 1, 5-19) (B) Legal Heirs - Testamentary succession requires proof of valid execution of the Will and so...

(A) Constitution of India - Article 227 - Lok Adalat award - Civil Revision Petition challenging the executing Court's direction to sell common properties to pay a debt - The petitioner contended that the obligation of the respondent was independent of the common properties and emphasized that the bank loan was paid out of personal funds, thus questioning the validity of using common property for ...

(A) Civil Procedure Code, 1908 - Sections 96 and Order XLI, Rule 1 - Partition Suit - The appellant challenges the preliminary decree for partition of joint family properties, asserting non-entitlement to properties purchased in his name, alleging lack of evidence for joint family income - Court ruled burden lies on plaintiff to establish existence of joint family property - Appeal partly allowed,...

(A) TNEB Regulations - Regulation 97 - Seniority fixation of Assistant Engineers (Mechanical) based on appointment date rather than joining date - Petitioners, appointed in 2006, contested placement of private respondents appointed in 2007 above them in seniority list - Dispute centered on determining seniority in accordance with regulations. (Paras 4.1, 10.8, 18) (B) Administrative Laws - Equal T...

(A) Tamil Nadu Housing Board Service Regulations, G.O. (Ms.) No.204 dated 14.11.2024 - Amendment regarding promotion eligibility - Exclusion of surveyors from promotion to Assistant Engineer/Junior Engineer deemed arbitrary and violative of legal principles. (Paras 1-33) (B) Employment Law - No retrospective effect for amendments impacting rights accrued prior to enactment - Amendment invalid agai...

(A) Hindu Marriage Act, 1955 - Section 24 - Interim maintenance - Husband challenged Family Court's order awarding interim maintenance of Rs.50,000/- per month, asserting financial dependence on parents and insufficient income as a law practitioner - Family Court ordered maintenance to provide for wife's standard of living during matrimonial proceedings - The court emphasized the importance of equ...

(A) Code of Civil Procedure - Order VII Rule 1 - Information Technology Act, 2000 - Sections 79(1), 79(2)(c) - Defamation - Plaintiffs sought permanent and mandatory injunctions against various defendants regarding defamatory publications linking them with the alleged 2G Scam - Suit dismissed as against the third defendant, an intermediary, due to lack of identification of specific defamatory cont...

(A) Prevention of Corruption Act - Section 7(a) - Tamil Nadu Government Office Manual - Quashing of proceedings - Accused, a Senior Revenue Inspector, was alleged to have demanded bribes during the processing of a land transfer application involving a decoy complainant - Accused contended that he was falsely implicated and had no role beyond initial processing and clerical duties - Court found tha...

(A) UGC Regulations, 2018 - Requirement of Ph.D qualification for Assistant Professor appointments - Petitioner challenged the selection of the 4th respondent for Assistant Professor post in Zoology against UGC regulations citing lack of qualifications and transparency in the process - It was argued that the appointment of the 4th respondent was made contrary to UGC Guidelines, authorized by the D...

(A) Hindu Religious and Charitable Endowments Act, 1959 - Sections 47(3), 64(5)(a), and 118(2)(b)(i) - Challenge to G.O.(P) No.275 restricting trustee tenure to two years - Court held that the Government must follow Section 64(5) for amending schemes set by courts under earlier acts. (Paras 4, 52) (B) Legal Requirement for Modification - Necessity for compliance with statutory procedure when modif...

(A) Tamil Nadu Transparency in Tender Act, 1998 - Section 10(7) - Evaluation of technical and financial bids for infrastructure projects - Petitioner contends their bid was unjustly rejected without reasons, and a competitor was preferred despite previous blacklisting - Court rules that reasons must be disclosed only post award of tender, affirming the authority's discretion in evaluation & confid...

(A) Constitution of India - Article 227 - Limitation Act, 1963 - Article 136 and Article 137 - Dismissal of final decree application - The petitioner challenged the trial court's dismissal of their final decree application on grounds of limitation, asserting that time spent litigating should be excluded - The court ruled that Article 136 applies, and upholds the principle that litigation delays ma...

(A) Constitution of India - Article 226 - Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 - Writ petitions challenging the impugned notice for removal of unauthorized constructions issued by the Joint Commissioner on grounds of illegal dispossession without due process - Petitioners claim lawful possession and lease agreements - Court finds constructions unauthorized, confirms relia...

(A) Prevention of Corruption Act, 1988 - Section 7(a) - Criminal Revision Petitions - Petitioner sought to set aside trial court's order freezing joint bank account and locker containing gold and cash - Court emphasized necessity of reasonable suspicion for freezing assets and noted insufficiency in trial court's rationale. (Paras 2, 10, 11) (B) Evidence - Burden of proof - Petitioner provided suf...

(A) Waqf Act, 1995 - Sections 42, 63, 65, and 83 - Disputes over management of Jamaths - The Court addressed a power struggle within a Federation of Jamaths, directing the Waqf Board to establish a scheme for governance and allowing aggrieved parties to appeal decisions to the Waqf Tribunal - The election of a rival faction was validated under specific provisions of the Act. (Paras 2-16) (B) Juris...

(A) Indian Penal Code, 1860 - Sections 302 and 449 - Appeal against conviction - Accused convicted for murder and house-trespass - Evidence of eyewitnesses questioned, with inconsistencies in testimonies - Motive linked to theft alleged by the deceased - Court evaluates intention behind action for determination of culpability - Conviction for Section 302 set aside; conviction under Section 304 Par...

(A) Central Excise Act, 1944 - Section 35-G - CENVAT Credit Rules, 2004 - Deposit Insurance and Credit Guarantee Corporation Act, 1961 - Service tax on deposit insurance premium - The Tribunal ruled that the insurance service provided by the DICGC is an 'input service', allowing banks to avail CENVAT credit of service tax paid. The Revenue challenged this ruling arguing the service does not relate...

(A) Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 - Section 45 - Arbitration and Conciliation Act, 1996 - Reference of dispute to arbitration - Court's jurisdiction to refer parties despite allegations of fraud, provided there is no prima facie finding of contract nullity - Defendant entitled to withdraw fixed deposit securing suit amount due to partial final arbitral award ...

(A) Indian Penal Code, 1860 - Section 302 - Tamil Nadu Prohibition of Harassment of Women Act, 2002 - Section 4(1) - Murder and harassment leading to death of victim - Conviction based on dying declaration upheld; evidence supports that the accused set victim on fire after physical assault, thereby causing death. (Paras 6, 16, 28) (B) Evidence - Dying Declaration - Court affirmed the reliability o...

(A) Tamil Nadu Town and Country Planning Act, 1971 - Regulation 6(7) & (8) - Land use reclassification - Notification dated 06.04.2015 permitting change from primary residential to mixed residential use was challenged by resident - Petitioner alleged procedural irregularities and non-consideration of objections - Court held that disputed plot deemed mixed residential irrespective of notification -...

The appeal contests the conviction under Section 302 IPC from S.C.No.87 of 2019. Key facts reveal the appellant and deceased's contentious relationship leading to a fatal altercation. The court identified lack of eyewitnesses and conflicting evidence supporting the appellant's assertions, culminating in the acquittal. The court framed vital issues regarding the prosecution's burden of proof and de...

The judgment analyzes the prosecution's case regarding a fatal assault during a quarrel, referencing Sections 304 and 302 of IPC. The court finds insufficient intent to sustain a murder conviction under Section 302 but affirms culpable homicide under Section 304 Part II, emphasizing the role of mens rea in legal culpability. The result modifies the conviction of the appellants, ultimately resultin...

(A) Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996 - Sections 5(2), 25 - Challenge to the tender notification for the sale of godowns - Petitioner claimed exclusive right of inalienability under the Act, but the Court found that the CMDA has the authority to sell property - Prior permissions for alienation were not cited as requisite - The Court held the notification v...

(A) Civil Procedure Code, 1908 - Section 100 - Limitation Act, 1963 - Condonation of delay in representing Second Appeals - Delay of 1155 days not adequately explained - Petitioners failed to demonstrate bona fides or sufficient cause for delay - The court emphasized that an inordinate delay cannot be condoned without satisfactory reasons, reflecting gross negligence on the petitioners' part. (Par...

(A) Constitution of India - Article 226 - Town and Country Planning Act, 1971 - Planning permit - Petitioners inherited property and sought construction approval from the CMDA; approvals were delayed despite previous court orders. The CMDA imposed infrastructure charges and bank guarantees inconsistent with prior mandates. The court reiterated that non-compliance with prior mandates constituted un...

(A) Constitution of India - Article 226 - Writ of certiorarified mandamus - Challenge to non-inclusion of names in provisional selection list for Health Inspector Grade-II due to diploma qualification disputes - Petitioners argued legitimate grounds for inclusion based on equivalence certificates per G.O. Ms. No.45 and G.O. Ms. No.338 regarding syllabi equivalence. (Paras 1, 5, 37) (B) Legal princ...

(A) Tamil Nadu Co-operative Societies Act, 1983 - Section 90 - Civil Revision Petitions dismissed - Petitioner-society failed to raise a dispute under Section 90, thus not entitled to challenge the order of the Tribunal. Court ruled for similar issues previously considered. (Paras 2, 3). (B) Dismissal with liberty for future dispute - Court acknowledged the possibility for the petitioner to raise ...

(A) Income Tax Act, 1961 - Sections 92CA and 153 - Writ petition challenging an order under Section 92CA(3) - The court found that the reference to the Transfer Pricing Officer was made after the period of limitation, which is a jurisdictional issue that renders the order invalid - Assessment was to be completed by 31.03.2021 as per Section 153(2), but the reference was made on 13.01.2022, thus be...

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Criminal Procedure Code, 1973 - Sections 427 and 482 - Concurrent sentences - Petitioner challenged the separate sentences imposed under two cases, arguing for concurrent imprisonment. The Court exercised its discretion under Section 482, ruling that sentences for subsequent convictions should run concurrently with prior life imprisonmen...

(A) Cinematograph (Certification) Rules, 2024 - Rule 25 and Rule 27(1) - Appeal against order allowing writ petition to direct film certification - Decision to refer film to Revising Committee deemed without jurisdiction and lacked notice to appellants - Procedural fairness and principles of natural justice not adhered to - Appeal court holds writ petition maintainable only if the decision to refe...

The court considered the convict's appeal under Sections 294(b), 506(ii), and 302 of I.P.C., emphasizing prosecution’s failure to prove certain recoveries, yet highlighting eyewitness accounts corroborating the act. The prosecution's timeline was deemed consistent. The court framed issues surrounding evidence reliability and ruled the conviction upheld based on the totality of circumstances presen...

(A) Tamil Nadu Pension Rules, 1978 - Rule 49 and Rule 19 - Family pension eligibility - The court addressed the rejection of a claim to include a second wife as a nominee for family pension after first wife's death, ruling that the second marriage is void and does not confer such rights. (Paras 3, 12) (B) Conduct Rules - The court referenced that contracting a marriage with a second wife while the...

(A) Education Department - Selection Grade and Special Grade Eligibility - The issue at hand concerns the eligibility of Secondary Grade Teachers and Primary School Head Masters for receiving Selection and Special Grade compensations based on their service duration. The court referenced prior case law where the benefit of service prior to 1.6.1988 had been contested, resulting in a dismissal of ap...

(A) Income Tax Act, 1961 - Sections 2(14), 2(47), 4, 5, 32, 50 - Sale of vehicle - The court found that delivery of possession and documents constituted a sale, despite the petitioner retaining a duplicate key - Notification and police complaint occurred after tax assessment, indicating no immediate case for appeal - Writ petition dismissed. (Paras 34, 40, 41, 44) (B) Appeal - Scope of judicial in...