'Police Investigation Was An Eye-Wash': Madras High Court Constitutes SIT To Investigate Illegal Mining In Western Ghats

The Madras High Court on Friday, constituted a Special Investigation Team comprising of two IPS officers to enquire into large levels of illegal mining that has been happening near the reserve forests of Western Ghats. The specially constituted forest bench of Justice N Satish Kumar and Justice Bharatha Chakravarthy transferred all the pending investigations into the batch of cases to the...

Sanctioning Authority U/S 17A Prevention Of Corruption Act Must Apply Mind To Both Complaint, Other Materials Related To Accusations: Madras HC

The Madras High Court recently observed that while granting approval for prosecuting a public officer under Section 17A of the Prevention of Corruption Act, the concerned authority should apply its mind not just to the complaint before it but also on other materials to throw light on the need for prosecution. “While satisfying himself before granting or refusing to grant approval...

Madras High Court Stays ECI Proceedings In Connection With AIADMK Party Leadership, Says Election Commission Cannot Act Like This

The Madras High Court on Thursday stayed all proceedings initiated by the Election Commission of India on the basis of representations filed by individuals in connection with the AIADMK “two leaves” symbol dispute. The bench of Justice R Subramanian and Justice C Kumarappan passed the interim orders on a plea by AIADMK General Secretary Edappadi Palaniswami seeking to forbear the...

Mere Suppression Of Taking Treatment Or Obtaining Medical Leave Not Reason To Deny Entire Life Insurance Claim: Madras High Court

The Madras High Court recently observed that merely suppressing the fact of taking a treatment or obtaining medical leave could not be a ground to reject the entire life insurance claim. Justice GK Ilanthiraiyan thus came to the aid of a widow, whose claim was rejected by the Life Insurance Corporation after her husband's death. The court noted that the petitioner's husband had died...

Corruption By Prison Officials: Madras High Court Asks Govt To Take Strict Action, Rejects Anticipatory Bail Plea Of Former Prison Superintendent

The Madras High Court has directed the State Government to take strict action, including suspension against prison officials who have been involved in misappropriation of public funds to the tune of Rs. 14.25 crores. The bench of Justice SM Subramaniam and Justice M Jothiraman was hearing a petition filed by Gokila, wife of Murugaiyan, who was confined in the Puzhal Central Prison seeing...

What Constitutes Valid Service Of Notice U/S 169 Of CGST Act? Madras High Court Clarifies

The Madras High Court interpreted Section 169 of Central Goods and Services Tax Act, 2017 and stated that Section 169 mandates a notice in person or by registered post or to the registered e-mail ID alternatively and on a failure or impracticability of adopting any of the aforesaid modes, then the State can, in addition, make a publication of such notices/ summons/ orders in...

Madras High Court Calls Manual Scavenger's Death 'Homicide By Insensitive Society', Orders ₹10 Lakh Compensation To Kin

The Madras High Court has ordered the Chennai Metropolitan Water Supply & Sewage Board to pay Rs 10 Lakh compensation to the family of a man who died while doing manual scavenging in 2000. Citing the words of Mahatma Gandhi, Justice Bharatha Chakravarthy remarked that it was easy to blame the authorities when we, as citizens were pushing everything into the drains indiscriminately....

Civil Court Has Jurisdiction To Pass Injunctive Relief In Industrial Disputes: Madras HC

Madras High Court: A single judge bench consisting Justice V. Lakshminarayanan allowed a civil revision petition against a District Munsif's order that refused to pass an injunction against TAW Footwear Division. The Munsif had rejected the plaint holding that the matter was an industrial dispute and fell exclusively within the Labour Court's jurisdiction. However, the court ruled that...

S.21 POCSO Act | Doctor Not Responsible To 'Verify' Age Of Victim Or 'Ascertain' If Offence Has Been Committed: Madras High Court

The Madras High Court has recently observed that a Doctor does not have a responsibility to 'verify' or 'ascertain' the age of a victim brought in for abortion, for the purposes of reporting crime under POCSO Act.Section 19 of the POCSO Act put a legal obligation on a person to inform the relevant authorities when he/she has knowledge that an offence under the Act had been committed. Section...

FAOs And JAOs Have Concurrent Jurisdiction For Assessment, Re-assessment Or Re-Computation U/S 147 Income Tax Act: Madras High Court

The Madras High Court recently clarified that both the Faceless Assessment Officer and Jurisdictional Assessment Officer have concurrent jurisdiction as far as assessment, re-assessment or re-computation under Section 147 of the Income Tax Act. “As far as the assessment, re-assessment or re-computation in terms of the provisions of Section 147 of the IT Act is concerned, both the FAO...

Madras High Court Quarterly Digest: October to December 2024

CITATIONS: 2024 LiveLaw (Mad) 371 to 2024 LiveLaw (Mad) 492 NOMINAL INDEX K Sethuraj v State of Tamil Nadu (and other connected cases), 2024 LiveLaw (Mad) 371 Suo Motu v The Deputy Commissioner of Police, 2024 LiveLaw (Mad) 372 M/s.Sterling Futures and Holidays Ltd. v Directorate of Enforcement, 2024 LiveLaw (Mad) 373 AR Dairy Food Private Limited v The Central...

'Only Said What Was Stated In Manusmriti': Madras High Court Quashes Case Against MP Thol Thirumavalan For Alleged Comments On Hindu Women

The Madras High Court has quashed a case registered against Viduthalai Chiruthaigal Katchi (VCK) party head and Lok Sabha MP Thol Thirumavalan for alleged comments against Hindu women. The case was registered based on a complaint in 2020 alleging that Thirumavalan, in one of his interviews had made comments lowering the Hindu women. Justice P Velmurugan noted that Thirumavalan...