Madras High Court Weekly Round-Up: February 5 - February 11, 2024

Citations: 2024 LiveLaw (Mad) 56 To 2024 LiveLaw (Mad) 66 NOMINAL INDEX Chairman and Managing Director, UCO Bank v K Marimuthu, 2024 LiveLaw (Mad) 56 TN Medical Laboratories Association v Principal Secretary and others, 2024 LiveLaw (Mad) 57 SR Sathyanarayana Rao v The District Collector and Others, 2024 LiveLaw (Mad) 58 E Shakthi Murugan v District Collector, 2024...

“Right To Participate In Funeral Ceremony Of Parent/Spouse/Child Part Of Article 25”: Madras HC Allows Undertrial To Attend Father's Funeral

The Madurai bench of the Madras High Court held a special sitting on Sunday to hear the anticipatory bail plea of an undertrial arrested under the Narcotic Drugs and Psychotropic Substances Act, seeking to attend his father's funeral. Though the court firmly objected to granting bail or interim bail to the prisoner, the court observed that the Right to attend the funeral was part...

S. 43A IT Act | Company Preparing List Of Employees Not Vaccinated Against COVID-19 Is Not Circulating Sensitive Personal Data: Madras High Court

The Madras High Court has recently observed that a company making a list of employees who have not been vaccinated against Covid-19 is not sharing sensitive personal data and cannot be prosecuted under Section 43 A of the Information Technology Act. Justice Anand Venkatesh thus set aside a private complaint initiated against a company by its former employee. The court noted that...

Madras High Court CJ Re-Assigns Suo Motu Revisions Against Acquittal/Discharge Of Ministers To Justice Anand Venkatesh

The Chief Justice of the Madras High Court, Justice SV Gangapurwala has assigned the suo motu revision pleas against the acquittal/discharge of Ministers in Tamil Nadu to Justice Anand Venkatesh. On Monday, the Supreme Court had left it for the Chief Justice of the High Court to take a call on who shall hear and decide the suo motu proceedings initiated by the Single Judge. In August...

“Environmental Interest Converted Into Communal Tension”: Madras High Court Refuses To Quash Hate Speech Case Against BJP State Head Annamalai

The Madras High Court on Thursday refused to quash the criminal proceedings initiated against BJP State Head K Annamalai for his remarks against a Christian Missionary NGO. In an interview with a YouTube Channel, Annamalai had allegedly stated that it was a Christian Missionary NGO which had initially approached the Supreme Court seeking a ban on firecrackers. A video clipping of...

Non-Production Of Original Tax Invoice From Registered Dealer, Reversal Of ITC By Dept. Doesn't Amount To Double Taxation: Madras High Court

The Madras High Court has held that when a registered dealer claims any benefit under Section 19 of the TNVAT Act 2006, he has to strictly adhere to the conditions laid down in the said section.The bench of Justice D. Krishnakumar and Justice R. Vijayakumar has observed that the petitioner has not produced the original tax invoice from a registered dealer, and therefore, he cannot complain...

Advocates Are Referred To As Gentlemen In Profession Of Advocacy; Lawyers Must Try To Fit Into That Word: Justice Vaidyanathan Bids Farewell To Madras HC

The Madras High Court held a farewell function today for Justice Vaidyanathan who was recently elevated as the Chief Justice of the Meghalaya High Court. In his farewell speech, Justice Vaidyanathan said that a lawyer was seen as a Gentleman in the profession of advocacy and every lawyer must endeavor to fit into that word. He added that lawyers should always take care of the interests...

Scope Of Extension Petition And Statutory Bail Petition Different, Should Not Be Taken Up Together By The Special Court: Madras High Court

The Madras High Court has cautioned the special courts against taking up applications for extension of remand and application for statutory bail together since the scope of both petitions is different.“The Special Courts must get rid of the practice of dealing with the extension petition and the statutory bail petition together. The scope of both these petitions are very different and...

Date Of E-Filing Final Report To Be Taken As Date Of Filing, Not When Papers Are Made Physically Available At Court: Madras High Court

In a significant judgment, the Madras High Court has made it clear that the date of filing a chargesheet should be taken to be the date on which the e-filing was done and not when the papers were physically made available at court. Justice Anand Venkatesh was dealing with a plea challenging a written endorsement of a trial court returning an application for statutory bail on the...

Madras High Court Seeks Union Govts Response On Plea Alleging Corruption By Retd Technical Member At NCLT, Chennai

The Madras High Court has recently sought a response from the AAG in a plea alleging malpractices in the functioning of the National Company Law Tribunal in Chennai. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy has adjourned the case to February 14th, on which day the Additional Advocate General has been asked to respond to the plea. The petitioner,...

Madras High Court Seeks Bar Associations' Opinion On Doing Away With Vacations, Keeping Courts Open Throughout The Year

The Madras High Court has sought the opinion of all bar associations with respect to changing the working structure of the courts and doing away with the court vacations. The circular issued by M Jothiraman, Registrar General of Madras High Court says that the Committee to monitor the implementation of the Resolutions adopted in the Chief Justices' Conference has decided to hear...

Madras High Court Quashes Assessment Proceedings Initiated In Violation Of Procedure Prescribed As Per Sec 144B

While holding that the draft assessment order suffers from non-application of mind, the Madras High Court sets aside the proceedings initiated in violation of procedure prescribed as per Section 144B(1)(vii) read with (xiv) and (xvi)(b) of the Income tax Act, 1961.A Single Judge Bench of Justice Mohammed Shaffiq observed that “a duty is cast on the assessing authority in terms of...