“Atrocious Game By State”: Madras High Court Imposes Rs 5 Lakh Cost On State For Filing Frivolous Appeals Over Salary Dispute

The Madras High Court recently imposed a cost of Rs.5 lakh on the State of Tamil Nadu for filing appeals against orders directing it to pay salaries to Assistant Professors. While ordering the exemplary costs, the bench of Justice R Subramanian and Justice L Victoria Gowri said it hoped the order would serve as an example and prevent the State from filing such appeals. The...

Madras High Court Weekly Round-Up: August 19 - August 25, 2024

Citations: 2024 LiveLaw (Mad) 318 To 2024 LiveLaw (Mad) 329 NOMINAL INDEX Nishithkumar Mukeshkumar Mehta vs. Deputy Commissioner of Income Tax, 2024 LiveLaw (Mad) 318 Mr G Venkateshan v The State, 2024 LiveLaw (Mad) 319 Sathiyamurthy v Arputha Mary, 2024 LiveLaw (Mad) 320 Maharaja v Inspector of Police, 2024 LiveLaw (Mad) 321 S.Doctor Viswanathan Versus The State of...

Delay In Filing Appeal, Notices Uploaded On GST Portal , Copy Not Served: Madras High Court Condones Delay

The Madras High Court has condoned the delay of 285 days in filing the appeal on the grounds that the notices were uploaded on the GST portal but no hard copy was served on the assessee.The bench of Justice Krishnan Ramasamy has observed that the delay was not wilful but due to bona fide reasons, and a reasonable cause has been shown by the petitioner for the delay. The petitioner/assessee is...

Appointments To Aided Minority Institutions Can't Be Restricted To Any Particular Caste Or Religion: Madras High Court

The Madras High Court recently held that while minorities have the right to establish and administer educational institutions, the appointment in these institutions if aided by the government, could not be limited to a particular religious denomination. Justice GR Swaminathan observed that when the institution was receiving funds from the state exchequer, the principles...

Retrospective Applicability Of Extended Time Limit For Availing ITC; Madras High Court Quashes Order Not Condoning 1 Day Delay

The Madras High Court has quashed the order, not condoning the delay of 1 day, on the ground that the extended time limit for availing input tax credit (ITC) is retrospectively applicable.The bench of Justice Krishnan Ramasamy has observed that the GST Council, in its 53rd meeting, recommended extending the deadline for filing GSTR-3B returns for the financial years 2017-18, 2018-19, 2019-20,...

Madras HC Quashes POCSO Case Against Woman Who Alleged Mother & Sister Illegaly Retained Her Daughter's Custody, Orders Child To Be Returned

In an unusual order, the Madras High Court has invoked its extraordinary jurisdiction in a habeas corpus case, to quash the criminal proceedings initiated against a woman under the Protection of Children from Sexual Offences (POCSO) Act. The bench of Justice MS Ramesh and Justice Sunder Mohan were hearing an HCP filed by a woman for producing her 5-and-a-half-year-old daughter. The...

Madras High Court Quashes Proceedings Against Woman Who Killed Husband For Trying To Sexually Assault Daughter

The Madrasa High Court recently quashed a criminal case registered against a woman for allegedly killing her husband who tried to sexually assault their 21-year-old daughter in a drunken state. Justice G Jayachandran noted that on perusing the materials, it was clear that the act was committed under private defence and it was obvious that the woman had committed the alleged offence to...

Madras High Court Permits Hindu Munnani To Hold Peaceful Demonstrations In Solidarity With Hindus In Bangladesh

The Madras High Court has allowed Hindu Munnani to conduct demonstrations in the state demanding the Central Government to take action against the genocide of Hindus in Bangladesh. Allowing a petition filed by the organization, Justice G Jayachandran said that when demonstrations could be held in the state to show solidarity with the Tamils in Sri Lanka, the same could be done for...

No IGST Is Payable On Ocean Freight Under Reverse Charge Mechanism; Madras High Court Directs Refund

The Madras High Court has directed the department to refund the GST paid by the assessee on the ocean freight under the reverse charge mechanism.The bench of Justice Mohammed Shaffiq has relied on the decision of the Supreme Court in the case of Mohit Minerals Private Limited, in which it was held that no IGST is payable on ocean freight under the reverse charge mechanism for cost, insurance,...

Commercial Tax Officer Not Obligated To Physically Verify E-Way Bills: Madras High Court

The Madras High Court has quashed the suspension order of a commercial tax officer who issued refunds to fake exporters without verification.The bench of Justice N. Anand Venkatesh has observed that, as a quasi-judicial authority, if the petitioner has fulfilled all the requirements that are provided under the relevant Act and the circular, that by itself is sufficient compliance before...

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court

While refusing to interfere with an order granting maintenance to the wife, the Madras High Court said that it was a settled position that even if a marriage was declared null by a competent court, it would not bar the wife from claiming maintenance. “Now even more or less well settled to the effect that nullity of marriage even if it is declared by a competent civil court is not a...

Grindr App Used To Commit Offence: Madras High Court Asks Centre To Take Appropriate Action Against App Including Blocking

The Madras High Court recently observed that the popular gay dating app, Grindr was being used for illegal activities. The court was hearing a bail petition of a man who was accused of sexually abusing and robbing another man through the app. The court thus suggested the Investigating officer to report to the Ministry of Electronic & Information Technology so that it could...