S. 148 NI Act | Don't Impose Condition Of Deposit Of Minimum 20% Compensation/ Fine Amount 'Mechanically': Madras HC To District Courts

The Madras High Court has directed the District Courts across the State of Tamil Nadu to not mechanically impose a condition of deposit of 20% of the compensation amount/cheque amount u/s.148 of the Negotiable Instruments Act.For context, in an appeal against conviction for dishonour of cheque under Section 138 NI Act, the appellate court, as per Section 148 NI Act, has the power to...

Assessee Failed To Cure Defects As Documents Were In The Custody Of Central GST Authority: Madras High Court Quashes Assessment Order

The Madras High Court has quashed the assessment order and held that the defect was not cured due to the availability of records in the custody of the central GST authority.The bench of Justice Senthilkumar Ramamoorthy has observed that a composite order of assessment was issued with regard to four defects, and the documents on record disclose that the non-availability of records, on account...

IGST Refund Claim May Be Made Before Expiry Of 2 Years From Date Of Export Of Goods: Madras High Court

The Madras High Court has held that an IGST refund claim may be made before the expiry of two years from the relevant date. The relevant date is required to be computed from the date of export of the goods concerned by any mode.The bench of Justice Senthilkumar Ramamoorthy has observed that since the refund claim pertains to exports made between July 2017 and November 2017 and the...

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences (POCSO) Act. “In...

Take Steps To Ensure Upcoming Bus Stands Are Disabled Friendly: Madras High Court To CMDA

The Madras High recently directed the Chennai Metropolitan Development Authority to ensure that the upcoming bus terminals in Koothambakkam, Venpakkam, Varadarajapuram and Mamallapuram are constructed by duly complying with the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy...

Madras High Court Directs DMK MLA's Son & Daughter-In-Law To Appear Before Special Court In Case Over Domestic Help's Assault

The Madras High Court on Wednesday directed DMK MLA E. Karunanithi's son and daughter-in-law to appear before the Principal District and Sessions Judge, Chennai (Special Judge for SC/ST cases). The duo have been accused of allegedly beating and verbally abusing their 18-year-old house help, belonging to the scheduled caste community. As per the latest reports, the couple have now...

S.204 IBC | Provision Of Twin Tier Control By IBBI And IPA By Itself Doesn't Give Rise To Presumption Of Double Jeopardy: Madras High Court

While dismissing a challenge made to Section 204 of the Insolvency and Bankruptcy Code which gives powers to the Insolvency Professional Agency (IPA) to monitor the conduct of the Insolvency professional, the Madras High Court recently observed that merely because the provision gave powers to both the Insolvency Bankruptcy Board of India (IBBI) and the IPA, it would not become arbitrary...

State Vicariously Liable For Inaction: Madras HC Upholds Compensation To Man Injured During Protests Following Late Karunanidhi's Arrest In 2001

The Madras High Court recently upheld an order granting compensation to a man who had suffered injuries during a bandh following the arrest of the then-erstwhile Chief Minister of Tamil Nadu in 2001. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy held the State responsible along with the political party that had called for the bandh. The court observed...

Not Familiar With Hindi, So Will Call IPC As IPC Only Even If It's Replaced With New Law : Madras High Court Judge

Justice Anand Venkatesh of Madras High Court recently told lawyers in his court that he would continue to call IPC, CrPC, and the Evidence Act by their original names even after they were replaced with the new acts which had Hindi names, The Hindu reported. The court was hearing a case relating to the limitation period prescribed under Section 468 of CrPC. During the discussion,...

Opposition Should Not Be Prevented From Voicing Concerns By Subjecting Them To Criminal Cases But It Should Avoid Abusive Outbursts: Madras HC

Emphasising on the need for a good opposition, the Madras High Court recently observed that for a democracy to operate successfully, it is important to recognise the opposition and give it an institutional form. Justice Anand Venkatesh also observed that the opposition plays a major role in providing checks and balances in the functioning of the democracy and by making...

Any Person Can File Plea U/S 125 CrPC Seeking Maintenance On Behalf Of A Minor: Madras High Court

The Madras High Court has observed that Section 125 of CrPC does not prohibit any person from filing a maintenance petition on behalf of a minor. The bench of Justice KK Ramakrishnan opined thus while holding that a married woman is not barred from filing a plea on behalf of her minor brother seeking maintenance from their father. “Section 125 of CrPC is social welfare...

When Parliamentary Proceedings Are Telecast Live, Why Not Legislative Assembly Proceedings? Madras HC Asks State To Consider Live Broadcast With Short Lag

The Madras High Court, on Tuesday, asked the State Government to consider telecasting the legislative assembly proceedings with a time lag allowing the speaker to expunge the unparliamentary or objectionable content. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy was hearing writ petitions filed by Late Vijaykanth leader of Desiya Murpokku...