Latest news with #NegotiableInstrumentsActof1881
The Hindu
3 days ago
- Politics
- The Hindu
Madras High Court takes special steps to dispose petty criminal cases pending in Tamil Nadu, Puducherry
The Madras High Court has taken up two suo motu writ petitions to identify and dispose of criminal cases pending in all courts across Tamil Nadu and Puducherry for over three years in trial/appeal/revision stage in connection with offences that are punishable up to three years. Chief Justice Manindra Mohan Shrivastava has directed the Madras High Court Registry to list the suo motu writ petitions before Justice D. Bharatha Chakravarthy in the principal seat of the High Court in Chennai and Justice K.K. Ramakrishnan at its Madurai Bench for passing necessary judicial orders. The High Court has also decided to identify and dispose of cases booked for the charge of criminal intimidation too even if the offence was punishable for more than three years. The move comes pursuant to identical letters written by Justices Chakravarthy and Ramakrishnan to the Chief justice. Justice Chakravarthy, on Monday (August 18, 2025), requested the law officers, advocates, police as well as litigants to bring all such cases pending not only before the High Court but also before the district courts, which fall under the jurisdiction of the principal seat of the High Court in Chennai, to his notice beginning from Tuesday. He said, the High Court would first identify compoundable cases and attempt to resolve them through direct negotiations and Alternative Dispute Resolution (ADR) methods. Even in non-compoundable cases, the court would suitably consider the possibility of compromise and settlement between the parties. The High Court would also suggest withdrawal of prosecution in approrpriate cases, if such course was deemed necessary and also quash cases on the ground of delay, wherever circumstances permit, in order to safeguard the right to a speedy trial guaranteed under Article 21 of the Constitution. The court would further attempt to dispose of cases arising out of private complaints, such as those under the Negotiable Instruments Act of 1881, pending before trial courts. Apart from using strategies such as compounding and ADR methods, a special approach would be taken up to dispose of batch cases. 'The goal is to identify categories and recommend or apply appropriate solutions and pass orders to reduce the clogs in the wheels of the administration of criminal justice thereby ensuring proper case flow and availability of quality time for the trial of appropriate cases,' Justice Chakravarthy added.
The Hindu
07-06-2025
- Entertainment
- The Hindu
Levy of 30% interest by film financiers not usurious, says Madras High Court
The Madras High Court has refused to accept the argument of actor Vishal Krishna Reddy that the levy of interest at the rate of 30% per annum by financiers in the film industry was usurious and against the provisions of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003. Justice P.T. Asha also found the actor to have made false averments on oath in a case related to the repayment of ₹30.05 crore with 30% interest from February 16, 2021, and rejected his claim of having signed the loan agreement with Lyca Productions Private Limited in 2019 without reading its contents. The judge decreed a suit filed by Lyca Productions in 2021 for recovering the entire loan liablity with interest. Finding the actor to have not been forthcoming with his bank statement and not attempting to discharge even a part of the loan amount, the judge also imposed costs on him. Senior counsel V. Raghavachari, representing Lyca Productions, told the court that Mr. Vishal had originally taken a loan of ₹21.29 crore from Anbuchezhian of Gopuram Films for making a movie titled Marudhu in 2016. Since the actor could not discharge the liability, Lyca had taken over the loan. After settling the entire amount to Gopuram Films in different tranches, Lyca made Mr. Vishal sign an agreement on September 29, 2019, agreeing to repay the loan amount with interest before December 31, 2020. However, since he did not honour the agreement, the present civil suit was filed in 2021. Refuting the claim made by Lyca, the actor denied having taken a loan of ₹21.29 crore either from Gopuram Films or Lyca Productions. He said, Marudhu was produced by Gopuram Films and and hence, the question of taking a loan would not arise at all when he had only acted in the movie for remuneration. He also claimed to have had a financial dealing only for a sum of ₹12 crore with Gopuram Films and said that he had signed the 'one-sided' agreement with Lyca in 2019 without reading all of the clauses because he had reposed total trust upon the production company and did not expect any foul play. He also argued that the interest rate of 30% demanded by Lyca was usurious and exorbitant. On the other hand, Mr. Raghavachari told the court that 30% was the standard rate of interest levied by film financiers because they give away crores of rupees in loan, and that Gopuram Films had also charged 30% After recording their submissions, Justice Asha recalled that the High Court had in Indiabulls Financial Services Limited versus Jubilee Plots and Housing Private Limited (2010) refused to interefere with the 33% interest rate, and held that it would not be violative of the provisions of the 2003 Act. Then, the court had categorically stated that the 2003 Act was intended to protect gullible people who borrow small amounts of loan and get slapped with usurious interest rates and not for mammoth loan transactions carried out for huge sums under the Negotiable Instruments Act of 1881. 'In the instant case, the defendant (Mr. Vishal) has signed the dotted lines agreeing to pay interest at 30% p.a... After having promised the plaintiff (Lyca) that the amount would be repaid with interest at 30% p.a., the defendant is now attempting to renege on his agreement,' Justice Asha concluded.
The Hindu
04-06-2025
- General
- The Hindu
Bypoll: public holiday in Nilambur on June 19
A public holiday has been declared for government offices and educational institutions in the Nilambur Assembly constituency due to the Assembly byelection on June 19. It will be a paid holiday for all institutions under the Negotiable Instruments Act of 1881. Elderly people and differently abled persons can ensure voting facilities through the Election Commission's Saksham app. The app is designed to guarantee full participation of the differently abled and the elderly in the election, said Election Commission officials. By downloading and registering the Saksham-ECI app on the mobile from Google Play Store, one can find the polling booths, get information about candidates and voters, ensure wheelchair accessibility for voting, and arrange transportation of differently abled voters in emergencies. One should register in advance through the app using the election ID card number. District Social Justice Officer Sameer Machingal will be responsible for ensuring services to the differently abled. For the visually impaired, Braille script will be available on the voting machine. Voters over 85 years of age and differently abled will also get the opportunity to vote from their homes through home voting. All polling booths in Nilambur will be on the ground floor to help the differently abled. Ramps and wheelchairs will be provided in all polling booths. District Collector V.R. Vinod called upon the elderly and differently abled voters of Nilambur to make use of their franchise to utilise the Saksham mobile app. People can complain about violations of the election code of conduct at the control room at 0483- 2734990. Election Commission has declared dry days in Nilambur on June 19 and 20.
