[Service Jurisprudence] When Two Views Regarding Punishment Or Penalty Are Possible, View Favouring Employee Must Be Adopted: Madras High Court

The Madras High Court has recently observed that in service jurisprudence when two interpretations could be given to rules relating to penalty and punishment, the one favourable to the employee should be given effect. In allowing the plea by directing an enhancement in the petitioner's retirement benefits, Justice RN Manjula observed that since service jurisprudence was similar to penal jurisprudence due to the imposition of a penalty, such a view, akin to one taken in penal...

Review Cannot Be Disguised Appeal: Madras High Court Dismisses Man’s Plea Against Order Upholding Construction Of Mosque Near Temple

Upholding the tenets of religious harmony in India, the Madras High Court recently dismissed a man’s review petition against an earlier decision which dismissed his plea challenging the construction of a mosque near a temple. Noting that no new grounds were set up in the review, the bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy observed that an appeal could not be disguised as a review and that the jurisdiction of the court in the review was very narrow and ...

Assessee Disclosed Sale Of Agricultural Land In ROI During Scrutiny Assessment: Madras High Court Quashes Reassessment Initiated Beyond 4 Years

The Madras High Court has quashed the reassessment proceedings as the petitioner had disclosed the information with regard to the sale of agricultural land, and all the particulars with regard to the sale of agricultural land were disclosed before the Assessing Officer in full extent.The bench of Justice Krishnan Ramasamy has observed that there is no failure on the part of the petitioner with regard to providing material facts, and the notice issued under Sections 148 and 149 of the Income Tax...

Law Must Be Potent Enough To Operate Against People In Power, Having Higher Connections: Madras High Court

While dealing with a case relating to illegal quarrying, the Madras High Court recently remarked that law must be potent enough to deal with people in power and those having higher connections. Justice N Anand Venkatesh observed that law was not only meant to be used against ordinary citizens but against the powerful also, whenever they committed any illegal act. The court added...

ED Summons To District Collectors A 'Fishing Expedition' Without Showing Existence Of Proceeds Of Crime: Madras High Court

While staying the summons issued by Enforcement Directorate to District Collectors in an alleged sand mining money laundering case, the Madras High Court observed that the ED had attempted to conduct a “fishing enquiry” relating to sand mining without the existence of proceeds of crime. The division bench of Justice SS Sundar and Justice Sunder Mohan had passed the interim...

Madras High Court Asks Centre To Reconsider Enhancing Retirement Age Of Coast Guard Staff To 60 Years For All Ranks

The Madras High Court has asked the Central Government to reconsider enhancing the retirement age of all Coast Guard staff from 57 years to 60 years. The court also set aside an order of the Defence Ministry rejecting a plea by Coast Guard members below the rank of Commandant seeking such enhancement. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy also...

"Bounden Duty To Prevent Unreasonable Delay": Madras High Court Quashes Forgery Case Citing 7 Yrs Delay In Prosecution's Final Report

The Madras High Court recently quashed a forgery case upon noting that the final report on the matter had been filed after an inexplainable delay of seven years. The court noted that the trial court should not have taken cognizance of the final report as the same was barred by limitation. Justice GK Ilanthiraiyan noted that the purpose of a speedy trial was to avoid oppression...

'Right To Protest Peacefully Significant Feature Of A Democratic Country':Madras High Court Quashes Proceedings Against Teachers

The Madras High Court recently underlined that right to protect peacefully without arms was guaranteed under Article 19 of the Constitution and was an integral part of a democratic country like India. The court added that right to protest was an integral part of speech and inherent facet of right to live guaranteed under Article 21 of the Constitution. Justice L Victoria Gowri also...

Madras High Court Sets Aside Conviction Of Former MP TM Selvaganapathy In Cremation Shed Scam

The Madras High Court has set aside the conviction of former Rajya Sabha MP T M Selvaganapathy in the cremation shed scam.Justice G Jayachandran acquitted Selvaganapathy and set aside the sentence of two years imprisonment imposed by a special court for CBI cases in 2014. Selvaganapathy had lost his Rajya Sabha membership following the conviction.The CBI court had sentenced Mr....

BREAKING | Madras High Court Stays ED Summons To District Collectors In Sand Mining Money Laundering Case

The Madras High Court has stayed the operation of the summons issued by the Enforcement Directorate to the district collectors in sand mining money laundering case. The court has however allowed the investigation to go on.The division bench of Justice SS Sundar and Justice Sunder Mohan passed the interim orders in a batch of pleas challenging the summons issued by the Enforcement Directorate...

TN Advocate General Constitutes ICC To Deal With Sexual Harassment Complaints Against Law Officers Of Madras High Court

The Advocate General of Tamil Nadu has constituted an Internal Complaints Committee to deal with sexual harassment complaints against law officers of the Madras High Court.In his order, AG R Shunmugasundaram said that he received a complaint of sexual harassment from a lawyer against a Senior Law Officer of the Madras High Court after which the ICC was constituted as contemplated under Section...

ED Can't Summon District Collectors, Argues Tamil Nadu Govt; Madras High Court To Pass Order Tomorrow

Challenging the summons issued by the Enforcement Directorate to District Collectors in Tamil Nadu in an alleged sand mining money laundering case, Senior Advocate Dushyant Dave argued that the ED could not issue summons to the officers under the Act and if any assistance of the officers was required, the ED could have requested the officers instead.“The Parliament has not given them...