POCSO Offence Is Committed Against Society, Accepting Defence Of Subsequent Marriage With Victim Will Defeat Purpose Of Act: Madras HC

While reversing the acquittal of a man charged under the Protection of Children from Sexual Offences Act, the Madras High Court recently held that the defence of subsequent marriage between the victim and the accused does not take away the offence committed by the accused while the victim was a child. Justice P Velmurugan observed that the offence under the POCSO Act was an offence...

Madras High Court Sets Aside Discharge of Tamil Nadu Minister I Periyasamy In Disproportionate Asset Case

The Madras High Court has set aside the discharge of Tamil Nadu Rural Development Minister I Periysamay in a disproportionate asset case. Justice P Velmurugan set aside the order passed by the Special Judge, Dindigul, discharging the Minister and his family. The court directed the special court to frame charges against the accused person and complete the trial within 6...

Madras High Court Sets Aside Discharge Of Tamil Nadu Minister MRK Paneerselvam In Two Disproportionate Asset Cases

The Madras High Court has set aside the discharge of Tamil Nadu Agriculture and Farmers' Welfare Minister MRK Paneerlsevam in two disproportionate asset cases. Justice P Velmurugan set aside the order passed by the Special Judge, Cuddalore in 2016, discharging the Minister from the case filed by the Department of Vigilance and Anti-Corruption. The case was registered alleging that...

'CBI Officers Think They Have Sky High Powers, No One Can Question Them': Madras HC Suggests Revamping Probe Agency's Image

The Madras High Court has issued suggestions to relook and revamp the manner in which the CBI investigations are being conducted in the country to regain the lost image of the investigation agency in the eyes of the common people. Justice KK Ramakrishnan noted that the manner of CBI's working, in arraying unwanted accused, continuing unwarranted investigation, deleting important...

Madras High Court Sets Aside Discharge Of Minister Durai Murugan In Disproportionate Assets Case, Calls Special Court's Finding Perverse

The Madras High Court has set aside the discharge of Tamil Nadu Minister Durai Murugan in a disproportionate asset case. Justice P Velmurugan noted that the Special Court had simply allowed a discharge petition filed by the Minister without framing charges or without giving an opportunity to the Prosecution to put forward the case. The court also noted that the special judge...

Provisions Of Section 26E SARFAESI Act & Section 34 RDB Act Prevails Over Section 24 Of TNGST Act: Madras High Court

The Madras High Court stated that provisions of Section 26E of the SARFAESI Act and Section 34 of the Recovery of Debts and Bankruptcy Act would prevail over the provisions of Section 24 of the Tamil Nadu General Sales Tax Act. The Division Bench of Justices Anita Sumanth and G. Arul Murugan observed that “in the juxtaposition of Section 26E of the SARFAESI Act with Section 34 of...

Madras High Court Weekly Round-Up: April 21 - April 27, 2025

Citations: 2025 LiveLaw (Mad) 144 To 2025 LiveLaw (Mad) 155 NOMINAL INDEX Ganesan Prabhu v. M/s. Dhanabakkiam Enterprises and Others, 2025 LiveLaw (Mad) 144Jaffer Sadiq v. The Assistant Director, 2025 LiveLaw (Mad) 145J Vijayakumar v. State, 2025 LiveLaw (Mad) 146Tamil Nadu State Marketing Corporation Ltd TASMAC v. Directorate of Enforcement, 2025 LiveLaw (Mad) 147V Kanagaraj v....

Madras High Court Quarterly Digest: January to March 2025

CITATIONS: 2025 LiveLaw (Mad) 1 to 2025 LiveLaw (Mad) 122 NOMINAL INDEX S Ve Shekar v State, 2025 LiveLaw (Mad) 1 Thol.Thirumavalavan v. Dr.V.Vedha @ Dhamodharan, 2025 LiveLaw (Mad) 2 Mark Studio India Private Limited v. Income Tax Officer and Others, 2025 LiveLaw (Mad) 3 Dr Jenbagalakshmi v The State of Tamil Nadu and Another, 2025 LiveLaw (Mad) 4 M. Nagappan v....

Restriction On Levy Of Differential Rates Under Article 304 Of Constitution Doesn't Apply To Goods Imported From Outside India: Madras HC

The Madras High Court stated that Article 304 of the Constitution applies only to goods imported from other states or union territories and not to goods imported from outside India.The Division Bench consists of Chief Justice K.R. Shriram and Justice Mohammed Shaffiq looked into the case of State of Kerala and others v. Fr. William Fernandez and other, (2021) 11 SCC 705 and observed that...

"Grossly Abused Jurisdiction Of PIL": Madras High Court Imposes 75K Cost On Litigant For Stalling Revenue Collection

The Madras High Court recently imposed a cost of Rs. 75,000 on a litigant for misusing the jurisdiction of public interest litigation and approaching the court for stalling a revenue collection process by the Kodaikanal municipality.The bench of Justice G Jayachandran and Justice S Srimathy noted that the litigant had attempted to project his private interest as a public interest and attempted...

Making Medical Facilities Available In Govt Hospital Is State's Constitutional Duty, Court Can Issue Directions If It Is Neglected: Madras HC

While directing the State Government to make Bone Marrow Facilities available in the Government Hospitals, the Madras High Court recently observed that the government had a constitutional obligation to ensure that medical facilities are available in government hospitals and they reach the poor, downtrodden, and underprivileged citizens of the country. The bench of Justice MS Ramesh...

Grant Temporary Leave To Undertrials To Attend Relative's Funeral Without Forcing Them To Approach Court For Interim Bail: Madras HC To State

The Madras High Court has asked the State and the Prisons Department to grant temporary leave to undertrial prisoners, allowing them to attend the cremation/funeral of their relatives without forcing them to approach the High Court to get interim bail. “The Principal Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Fort St. George, Chennai and...