Madras High Court Weekly Round-Up: January 27 to February 2, 2025

Citations: 2025 LiveLaw (Mad) 25 To 2025 LiveLaw (Mad) 40 NOMINAL INDEX P. Anandasundaresan v. M/s. Akshaya Pvt Ltd, 2025 LiveLaw (Mad) 25R Kathiravan v The Divisional Engineer and Others, 2025 LiveLaw (Mad) 26Los Gatos Production Services India LLP v Wunderbar Films Private Limited, 2025 LiveLaw (Mad) 27The Secretary TNPSC v R Saravanan and Others, 2025 LiveLaw (Mad) 28Thirumaran v...

Merely Paying Penalty For Wilful Delay In Filing Income Tax Returns Does Not Exonerate Assessee From Being Prosecuted: Karnataka High Court

The Karnataka High Court has refused to quash prosecution initiated by the Income Tax Department against an assessee who had willfully failed to submit his income tax returns in time for the Assessment Years 2012- 13 to 2015-16 and thereby committed the alleged offence.A single judge, Justice S Vishwajith Shetty dismissed the petitions filed by Rajkumar Agarwal. It said, “Delay in filing of...

'Misconceived': Karnataka HC Rejects PIL Seeking Direction To Govt To Protect Life, Property And Religious Places Of Hindus In Bangladesh

The Karnataka High Court recently dismissed a public interest litigation filed seeking a direction to the Union and State Government, to protect the life, property and other religious places of Hindus and other Minority Community people, residing in Bangladesh.A division bench of Chief Justice N V Anjaria and Justice M I Arun while dismissing a petition by Rodda Veershetty said, “The...

Familial Relationship Between Prosecutrix And Accused Doesn't Negate Possibility Of 'Promise Of Marriage': Delhi HC Refuses To Quash Rape FIR

While refusing to quash an FIR under Section 376 IPC for false promise of marriage, the Delhi High Court observed that the nature of the relationship between the parties is a crucial factor in determining whether there was any promise of marriage and whether the consent was vitiated by a misconception of fact. Justice Chandra Dhari Singh was considering the petitioner's plea to quash FIR...

To Establish Offence Of Mischief, There Must Be Intention To Cause Loss & Destruction Caused Must Result In Loss Of Value Of Property: P&H HC

The Punjab & Haryana High Court has said that to establish the offence of mischief under Section 425 of IPC there must be an intention to cause damage to property and that should result in diminishing its value.Justice Manisha Batra said, "It is clear that the main ingredient of offence of mischief is that there must be intent to cause wrongful loss or damage to the property and with...

Limitation Laws Not Meant To Destroy Rights But To Prevent Delay, Every Legal Remedy Must Be Kept Alive Within Legislatively Fixed Period: J&K HC

Reaffirming that the rules of limitation exist not to extinguish legal rights but to ensure timely recourse to justice the Jammu and Kashmir and Ladakh High Court dismissed a Letters Patent Appeal (LPA) challenging an order condoning a delay of over six years in filing a review petition.In dismissing the appeal Justices Sanjeev Kumar and Mohammad Yousuf Wani underscored that every legal...

Ex-Parte Order Appointing Commissioner To Conduct Search/Seizure In IPR Infringement Cases Is To Preserve Evidence, Necessary: Karnataka HC

The Karnataka High Court has said that in intellectual property rights cases, the ex-parte order of appointment of the Court Commissioner for search and seizure–an Anton Piller order, is to ensure that a surprise element remains intact in the absence of which the respondents can easily remove the infringing products when the commissioner visits the latter's premises.Anton Piller orders...

P&H HC Quashes State's Cancellation Of Medical Student's Admission Through Freedom Fighter Quota, Says Rules Of Game Cannot Be Changed Midway

The Punjab & Haryana High Court quashed an order of a Punjab State University whereby admission granted to a medical student under the freedom fighter quota was cancelled despite clear reservation criteria given under the prospectus.Chief Justice Sheel Nagu and Justice Sumeet Goel said, "The doctrine proscribing change of rules midway through the game or after the game is played,...

[PMLA] 'No Possibility Of Trial Being Concluded In Reasonable Time': Punjab & Haryana HC Grants Bail To Builder Accused Of Cheating Home Buyers

The Punjab & Haryana High Court has granted bail to a director of a company accused under the Prevention of Money Laundering Act (PMLA) for fabricating bank guarantees as well as cheating 1500 prospective home buyers.It was alleged that SIkander Singh failed to complete the projects as per time schedule and did not deliver the flats as per agreed terms & conditions, thus,...

Allahabad HC 'Prays To God' For Unity 'Till Last Breath' Of A Family Involving Husband-Wife, Minor Children

In a poignant remark, the Allahabad High Court, while dealing with a habeas corpus petition filed by a mother seeking custody of her two minor children currently residing with their father, recently expressed that it 'prays to God' for the family that they remain together until their 'last breath'. “…this Court being part of the extended family of advocates as well as litigants,...

Denied Effective Defence, Legal Assistance During Trial: Telangana HC Sets Aside Conviction For Dowry Demand & Murder, Orders De-Novo Trial

While setting aside a man's conviction for murder of his wife, cruelty and for demanding dowry the Telangana High Court directed a "fresh de novo trial" after noting that the accused was not properly represented by a counsel before the trial court underscoring that he was "deprived of an effective defence". A division bench of Justice P. Sam Koshy and Justice Namavarapu Rajeshwar Rao passed...

Kerala HC Grants Anticipatory Bail To Reporter TV Editors In POCSO Case, Says 'Inappropriate Questions' To Child Should Have Been Avoided

The Kerala High Court on Monday (February 3) allowed the anticipatory bail applications filed by Malayalam news channel Reporter TV's consulting editor Arun Kumar K. and Sub-editor Shabas Ahammed. The duo were booked under Section 11(i) of the POCSO Act for allegedly sexually harassing a girl child through words and gestures.Justice P. V. Kunhikrishnan observed that prime facie, while...