Madras High Court
Executing Courts Can't Annul Arbitral Awards Solely On Ground Of Unilateral Appointment Of Arbitrator: Madras High Court
The Madras High Court bench of Justice N. Sathish Kumar has observed that the issue of ineligibility of the arbitrator cannot be raised during the pendency of the execution proceedings. The court held that the Executing Courts cannot suo motu dismiss the Execution Petition(s) solely on the ground of unilateral appointment of an arbitrator. The court held that the executing...
Madras High Court Dismisses Plea By Flipkart Owners Sachin And Binny Bansal Challenging ED's Show Cause Notice For Alleged FEMA Violation
The Madras High Court has dismissed the writ petitions filed by Flipkart owners Sachin and Binny Bansal challenging the complaint made by the Deputy Director, ED, and the subsequent show cause notice issued by the Adjudicating Authority for violating provisions of the Foreign Exchange Management Act (FEMA) and the Transfer or Issue of Security by a Person Resident Outside India,...
GST Registration And Payment Of Tax After Inspection Is Not Voluntary Conduct: Madras High Court
The Madras High Court stated that GST registration and payment of tax after inspection is not a voluntary conduct.The Bench of Justice K. Kumaresh Babu observed that “there is a deliberate attempt to evade payment of tax by not registering himself under the Act and also issuing receipts as donation to the Trust. Only after the inspection they have agreed to pay the tax by...
Proviso To S.10A Of IBC Doesn't Bar CIRP Applications Where Default Continues Beyond Moratorium Period: Madras High Court
The Madras High Court bench comprising Justice S.S. Sundar and Justice P. Dhanabal has held that the proviso to Section 10-A of the Insolvency and Bankruptcy Code (IBC) does not extend to cases where the default continues beyond the moratorium period. The court noted that Section 10-A only imposes a moratorium temporarily suspending the initiation of the Corporate...
"Not Everyone Can Come To Court": Madras High Court Asks TN Home Secretary To Ensure Prompt Filing Of FIR, Final Reports
The Madras High Court on Friday asked the Tamil Nadu Home Secretary to ensure that FIRs and Final Reports are filed by the police department promptly after following due procedures of law.Justice P Velmurugan also dispensed with the appearance of Home Secretary Dheeraj Kumar whom he had instructed to appear personally. The court also told the Home Secretary that it did not intend to summon...
Right To Practise Religion Cannot Be Denied On Mere Apprehension Of Law & Order: Madras HC Allows Construction Of Bible Study Centre
The Madras High Court recently allowed the construction of a Bible Study Centre by the District Secretary of the CSI Church Erichamamoottu Villai in the Kanyakumari District. The bench of Justice RMT Teeka Raman and Justice N Senthil Kumar observed that the rights guaranteed under Articles 25 and 26 of the constitution could not be curtailed or taken away on mere apprehension of law...
“You're Not Even In India”: Madras High Court Dismisses Nithyananda's Plea For Appointment As Madathipathi In Three Mutts
The Madras High Court, on Friday, dismissed an appeal filed by Swami Nithyananda seeking to be appointed as the Madathipathi or Head of three Mutts - Sri Somanatha Swami Temple & Mutt at Thiruvarur, Sri Arunachala Gnanadesikar Swami Temple & Mutt at Vedaranyam, and Sri Po.Ka.Sathukal Madam at Vedaranyam. Dismissing his appeal, the bench of Justice R Subramanian and Justice...
“Pe” Is Commonly Used Word In Payment Services Industry: Madras High Court Dismisses PhonePe's Trademark Infringement Suit
The Madras High Court recently dismissed a suit filed by PhonePe to declare its mark as a well known trademark and to grant permanent injunction against “BundlePe” and “LatePe”. Justice P Velmurugan observed that the term “Pe” was not a unique or distinct one as claimed by PhonePe and was commonly used word in the payment services industry. The court noted that the word,...
Madras HC Finds Shaadi.com's "30-Day Money Back Guarantee" Ad Slogan Prima Facie Misleading, Says Real Terms 'Tucked In Fine Print'
The Madras High Court has held that a recent advertisement of the matrimonial company Shaadi.com giving money back guarantee if unable to find a bride/groom in 30 days is prima facie misleading and deceptive. Justice RMT Teeka Raman observed that real terms of the offer, which is "contrary" to the promise made in the ad, are "tucked in fine print". As per the terms and conditions, the...
Compelling Spouse To Convert In Inter-Religious Marriage Amounts To Mental Cruelty, Violates Right To Life: Madras High Court
'The institution of marriage under every personal law is a holy unison of two souls. But in the name of God, in the name of religion, when a woman in a marriage or a man in a marriage is compelled to convert to the religion of the other for the sake of securing the matrimony would amount to shattering the foundation of the matrimony itself,' the Court said.
"Education Will Provide Hope, Better Life When Free": Madras HC Asks Prison Authorities To Give Books, Basic Facilities To Undertrial Prisoner
While disposing of an undertrial prisoner's plea alleging mistreatment inside the Puzhal Central Prison, the Madras High Court emphasized that the education of a prisoner could provide scope for hope as it would help them lead a better life when they are out of the prison. The bench of Justice SM Subramaniam and Justice M Jothiraman observed that a prisoner was entitled to basic...
Armstrong Murder Case | Madras High Court Issues Directions To Improve Security Inside Court Premises
The Madras High Court has ordered steps to be taken to increase security inside the court campus in light of the allegation that the persons accused in connection with the murder of BSP leader Armstrong were handed over country bombs inside the court campus. It may be noted that while the security of the High Court building is being looked after by the CISF, the security of the...