Presumption U/S 90 Of Evidence Act Applies When Will Which Is Over 30 Yrs Old Is Produced From Proper Custody: Madras High Court

The Madras High Court recently observed that when a Will, which is more than 30 years old, is produced from proper custody, the presumption under Section 90 of the Indian Evidence Act would be applicable to such will. According to Section 90 of the Indian Evidence Act (Section 92 of Bharatiya Sakshya Adhineeyam) when any document, purporting or proved to be 30 years old, is produced...

Madras High Court Reserves Orders On Plea By Madras Race Club Seeking Exemption From Pre-Suit Notice To Govt Over Lease Termination

The Madras High Court on Tuesday reserved orders on an application made by the Madras Race Club seeking an exemption from the mandatory pre-suit notice. As per Section 80 of the Civil Procedure Code, no suit can be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiry...

India Must Honour Bilateral Agreements With US: Madras HC Denies Clearance Certificate To Man Who Supplied Helicopters To Iraq Despite US Sanction

The Madras High Court recently refused to grant a clearance certificate to a man against whom PMLA proceedings were initiated based on a letter from the US Government. Justice SM Subramaniam and Justice V Sivagnanam noted that the Enforcement Directorate had initiated an investigation based on a letter issued by the US Government and the Government of India had to honour the...

Madras High Court Stays Instruction Of Specified Officer Removing General Insurance Services From Default List Of Input Services For GST Exemption

The Madras High Court has stayed an instruction issued by the Specified Officer, Office of Development Commissioner, MEPZ Special Economic Zone, through which the officer had unilaterally removed General Insurance services from the default list of input services which are eligible for GST exemption. Justice Anita Sumanth noted that assumption of jurisdiction by the specified officer...

Transfer Incidental In Employment: Madras HC Dismisses Plea Challenging TANGEDCO's Orders Transferring Employees To TN Green Energy Corp

The Madras High Court has dismissed a writ petition filed by the Tamil Nadu Electricity Board (TNEB) Accounts and Executive Staff Union challenging an order of the Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) through which company employees were transferred to the newly formed Tamil Nadu Power Generation Corporation Ltd (TNPGCL) and Tamil Nadu Green Energy...

Madras High Court Junks Plea Seeking Special Benches For Hearing Cases Against Public Spirited Persons, Journalists & Youtubers

The Madras High Court has dismissed a public interest litigation seeking the constitution of special benches for hearing cases related to public-spirited persons, journalists, and YouTubers. The bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji said that no person had a right to invoke the court's jurisdiction under Article 226 of the Constitution seeking a direction...

In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court

The Madras High Court has observed that the trial courts should not, on its own, extend the time for filing written statements after the expiry of 30 days. The court said that the courts could extend the time only at the request of the defendant which was made in writing containing reasons. The court added that condoning delay on its own would be contrary to Order 8 Rule 1 of...

Madras High Court Weekly Round-Up: September 16 to September 22, 2024

Citations: 2024 LiveLaw (Mad) 349 To 2024 LiveLaw (Mad) 356 NOMINAL INDEX Mohammed Saifullah v Reserve Bank of India and Others, 2024 LiveLaw (Mad) 349 Swiss Garniers Genexiaa Sciences Pvt Ltd v. Avant Garde Healthcare and Engg Solutions Pvt Ltd, 2024 LiveLaw (Mad) 350 Jaffer Sadiq v The Assistant Director, 2024 LiveLaw (Mad) 351 A.Nivetha v The Secretary to Government...

Centre Notifies Elevation Of 3 Judicial Officers As Madras High Court Judges

The Centre has notified the appointment of three judicial officers as the Judges of the Madras High Court.They are :(i) Ms R Poornima,(ii) Shri M Jothiraman, and(iii) Dr (Smt) Augustine Devadoss Maria Clete.The Supreme Court Collegium had recommended their elevation on September...

Centre Notifies Transfer Of Justice Shamim Ahmed From Allahabad High Court To Madras High Court

The Central Government has notified the transfer of Justice Shamim Ahmed from Allahabad High Court to the Madras High Court.The notification issued on 20th September read as under,"In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to transfer Shri Justice Shamim Ahmed,...

Centre Notifies Appointment Of Five Additional Judges, Including Justice Victoria Gowri As Permanent Judges Of Madras HC

The Central government has notified teh appointment of five additional judges, including Justice Victoria Gowri as permanent judges of the Madras High Court. The notification dated 20th September 2024 read as under,"In exercise of power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint (I) Smt. Lekshmana Chandra Victoria Gowri (ii)...

NCERT Module To Integrate Transgender Concerns In School Curriculum Pending Since 2 Yrs, Show More Sensitivity: Madras HC To WCD Ministry

The Madras High Court recently asked the Ministry of Women and Child Development to act upon the draft module submitted by the NCERT enabling transgender issues to be studied at school level. The court noted that the draft module had been forwarded to the Ministry but had been pending since almost two years. Justice N Anand Venkatesh remarked that a lot of effort had taken to prepare...