Madras High Court
Societies Can't Be Run Indefinitely Through Court Appointed Administrators, Will Infringe Democratic Rights Of Members: Madras High Court
The Madras High Court recently held that courts cannot run the administration of a Society or any Institution infinitely, by appointing an interim administrator.The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq held that the appointment of interim administrator must always be a temporary corrective measure because of the factual exigencies. The bench also remarked that...
Customs | FERA Penalty U/S 50 Not Applicable For Export Shortfall Below 10%; Exporter Can Write-Off Unrealised Bills: Madras High Court
The Madras High Court stated that the FERA (Foreign Exchange Regulation Act) penalty under Section 50 is not applicable for export shortfall below 10%; the exporter can write off unrealised bills. Justices S.M. Subramaniam and C. Saravanan stated that even otherwise, since Section 18(1)(a) of the Foreign Exchange Regulation Act is to be read along with Section 18(2) and Section 18(3)...
Police Laxity In Handling Missing Persons Cases Leading To Filing Of Habeas Corpus Pleas: Madras High Court
The Madras High Court recently criticised filing of habeas corpus petitions in cases of missing persons, without establishing a prima facie case of illegal detention.The Madurai bench of Justice AD Jagadish Chandira and Justice R Poornima noted that though the police department had sufficient infrastructure to deal with missing cases, they were not using it properly and often ignoring...
NDPS Act | Madras High Court Questions Pattern In Contraband Recoveries Barely Exceeding Commercial Quantity Threshold
The Madras High Court recently observed that in most cases under the Narcotics and Psychotropic Substances (NDPS) Act, the police seizure usually ends up being barely above the commercial quantity of contraband specified under the Act. Justice S Srimathy added that when the commercial quantity was given as 1 kg, the police seizure would usually be 1.1kg, being just above the commercial...
POCSO Victim Or Their Parents Need Not Be Involved In Appeal Against Conviction, But Must Be Impleaded For Suspension Of Sentence: Madras HC
The Madras High Court recently observed that in offences under the Protection of Children from Sexual Offences Act, it was not necessary to involve the victims of their parents. The court, however, added that impleading the victim, their family or the de facto complainant was essential in case of regular bail applications and for suspension of sentence. Justice K Murali Shankar...
Husband Can't Use Child As Pawn To Prove Wife's Adultery: Madras High Court Refuses Plea For DNA Test
The Madras High Court recently refused a man's application seeking a DNA test of his child, alleging that the child born to the couple during their marriage was not his. While doing so, Justice Shamim Ahmed made it clear that DNA tests could not be used as shortcuts to prove alleged infidelity that may have taken place decades ago. The court added that the necessity of DNA tests should...
Madras High Court Asks Transgender Woman To Approach Union Govt Against Denial Of Adoption
The Madras High Court has closed the plea filed by Transgender Sub Inspector Priyanka Yashini against an order of the Central Adoption Resource Authority, rejecting her prospective adoptive parent application. While disposing of the plea, Justice M Dhandapani noted that unless amendments were made to the Adoption Regulations, a direction could not be issued to CARA to...
Madras High Court Asks State To Consider Plea Against ₹1 Crore Land Acquisition Compensation Paid To Boney Kapoor, Janhvi & Khushi Kapoor
The Madras High Court has directed the State Highways Department to consider a representation seeking an enquiry into the disbursal of Rs. 1,00,87,183 to film producer Boney Kapoor and his daughters Janhvi Kapoor and Kushi Kapoor as compensation for land acquisition. Justice Krishnan Ramasamy has directed the authority to consider the representation and dispose of the same within...
Madras High Court Issues Notice To Union Ministry On Plea To Ensure Petrol, Diesel Bills From Outlets Disclose Tax Levied
A petition has been filed in the Madras High Court calling upon the Ministry of Petroleum and Natural Gas to ensure that the bills issued by petrol/diesel outlets and the display board in the outlets contain the details of the tax levied. When the petition came up before the Madurai bench of Justice Anita Sumant and Justice C Kumarappan, the court issued notices to the...
Karur Stampede: TVK Party Member Moves High Court Seeking Action Against Collector, High Ranking Police Officials For 'Dereliction Of Duty'
A member of the Tamilaga Vettri Kashagam party has approached the Madras High Court seeking departmental action against the District Collector, the Superintendent of Police, the Deputy Superintendent of Police, and the Inspector of Police in Karur for alleged failure of duty in connection with the Karur Stampede Tragedy. The petition has been filed by G. Kartheeban, who is also...
Madras High Court Seeks State's Response On Minister Duraimurugan's Plea Against Transfer Of Disproportionate Case From Vellore To Chennai
The Madras High Court has issued notice on a petition filed by Tamil Nadu Minister for Water Resources, Durai Murugan challenging a Government Order through which the investigation in connection with a disproportionate asset case against him was transferred from the file of Subordinate Judge, Vellore, to the Special Court for cases under the Prevention of Corruption Act,...
Madras High Court Restrains 'Bro Code' Manufacturers From Making Infringement Threats Against Actor Ravi Mohan's Upcoming Film
The Madras High Court has issued a temporary injunction in favour of actor Ravi Mohan's production company and has restrained the beverage manufacturing company Indobevs, which manufactures the drink 'Bro Code', from making threats of trademark infringement against the production company, producing a movie with the same title. Justice V Lakshminarayan, after noting that there was a...