Cross-Examination Requests In Show Cause Proceedings Cannot Be Allowed Without A Reply From Noticee: Madras High Court

The Madras High Court stated that a request for cross-examination of a witness in a Show Cause proceeding cannot be allowed if no reply on merits has been provided by the noticee. The Division Bench of Justices R. Suresh Kumar and C. Saravanan observed that “………the question of entertaining an application for cross-examination of the witnesses without any reply on merits by...

Madras HC Reserves Order On Actress Kasthuri's Anticipatory Bail Plea In Connection With Alleged Controversial Remarks On Telugu Community

The Madras High Court has reserved orders on an anticipatory bail petition filed by actress Kasthuri for her alleged controversial comments on the Telugu community in Tamil Nadu. Speaking at a Brahmin meet in Chennai on November 3rd, the South Indian actress had made comments against the Telugu community suggesting that the Telugu people, who had come to serve the courtesans of the...

[Tamil Nadu General Sales Tax] Assessee Liable For Tax On Proceeds From Sale Of Unredeemed Articles By Auctioneers: Madras High Court

The Madras High Court stated that assessee is liable to tax on consideration received from sale of unredeemed articles by auctioneers. The Division Bench of Justices Anita Sumanth and G. Arul Murugan observed that “the levy of penalty under Section 12(3)(a), in the case of non-filing of returns, is, automatic. Admittedly, the assessee has not filed the returns and hence, the basis...

Amount Received In Advance For Services To Be Treated As Income Of Assessee, Chargeable Under Income Tax: Madras High Court

The Madras High Court ruled that any amount received in advance for services should be treated as the income of the assessee and is, therefore, subject to income tax. The Division Bench of Justices R. Suresh Kumar and C. Saravanan observed that “if “Accounting Standards” are properly applied by an assessee, the “accounting income” for the payment of income tax will...

Long Service And Transparent Recruitment Merit Regularization Despite Absence Of Rules: Madras HC

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan directed the Indian Maritime University (IMU) to regularize the services of eight contractual employees. The Court ruled that their appointments, though irregular, were not illegal as they were made through a transparent recruitment process including public advertisement and interviews. The...

No Explicit Option For CPF Means Automatic Transition To GPF Scheme: Madras HC Upholds Pension Rights Of KV Teachers

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan upheld the Central Administrative Tribunal's orders granting pension rights under the General Provident Fund (GPF) scheme to retired Kendriya Vidyalaya teachers. The Court ruled that teachers who had not explicitly opted to remain under the Contributory Provident Fund (CPF) scheme by January 31,...

HR & CE Authorities Must Take Action On Complaints Of Encroachment, Not Put It In Cold Storage Making Deities Yearn For Due Share: Madras HC

The Madras High Court recently stressed that when an application is received informing instances of encroachment of temple land, the Hindu Religious and Charitable Endowment authorities were expected to look into the same and take immediate action. Justice M Dhandapani made the remarks after noting that due to inaction on the part of HR & CE officials, encroachers often enjoyed...

NIA Act | High Courts Cannot Expand Scope Of Interpretation, Condone Delay Beyond Permissible Limit: Madras High Court

The Madras High Court recently held that the High Court was not empowered to condone the delay in filing an appeal under the National Investigating Agency Act 2008 beyond the permissible limit. As per Section 21 of the Act, an appeal has to be made within 30 days of the date of the order or judgment. The Section allows the High Courts to entertain an appeal even after expiry of 30 days...

Madras High Court Weekly Round-Up: November 4 to November 10, 2024

Citations: 2024 LiveLaw (Mad) 416 To 2024 LiveLaw (Mad) 430 NOMINAL INDEX Aunestraja v The State and Others, 2024 LiveLaw (Mad) 416 B Vidyasagar v The Government of Tamil Nadu and Others, 2024 LiveLaw (Mad) 417 M/s Jaiswal Products v State of Tamil Nadu, 2024 LiveLaw (Mad) 418 The Union of India v The Registrar, CAT, 2024 LiveLaw (Mad) 419 M/S. Sivadarshini Papers Limited...

Can't Expect Media To Verify If Each Advertisement Is Misleading: Madras HC Junks PIL To Prohibit Commercial Ads By Doctors, Hospitals

Dismissing a public interest litigation (PIL) petition seeking to prohibit television channels, newspapers, magazines, and radio channels from telecasting advertisements of doctors and hospitals to commercially promote medical practice, Madras High Court on Friday orally said it cannot expect the media to verify if each advertisement was misleading. The bench of Chief Justice KR Shriram...

Practise Of Deploying Uniformed Personnel Outside Police, Prison Authorities' Homes Not Done Away With: Madras HC Directs State To Enquire

In a plea concerning condition of prisons, the Madras High Court while expressing its concern said, that despite several orders the practice of deploying "uniformed personnel" in the residences of higher police authorities and prison authorities has not been done away with. In doing so the court called for stringent government action to ensure that the public servants are utilised only for...

Impossible To Impart Quality Education Without Filling Sanctioned Posts: Madras HC Forms Expert Committee To Monitor Recruitment In Govt Law Colleges

The Madras High Court has constituted an expert committee headed by retired High Court Judge V Bharathidasan to monitor the selection of Assistant Professors, Assistant Professors (pre-law) and Associate Professors in Government Law Colleges in Tamil Nadu. Justice Battu Devanand remarked that it was impossible to impart quality legal education without filling up the sanctioned...