Madras HC Revives Breach Of Privilege Notices Issued To CM Stalin & Other MLAs, Says Proceedings Didn't Lapse Merely Due To Change In Govt

The Madras High Court on Wednesday set aside a single judge order that quashed show cause notices issued to current CM MK Stalin and other MLAs from the Dravida Munnetra Kazhagam party on the issue of breach of privilege while displaying gutka sachets inside the Tamil Nadu Legislative assembly in 2017. The bench of Justice SM Subramaniam and Justice C Kumarappan made it clear that...

Formal Contract Signature Not Required To Enforce Arbitration Clause If Parties Are Ad Idem: Madras High Court

The Madras High Court division bench of Justice Krishnan Ramasamy has held that if it is proved that if it is established that the parties are ad idem, a formal contract signature by the other party is not necessary to enforce the arbitration agreement. Further, the bench held that by acting upon the Purchase Orders, the party implicitly accepted the terms, including the...

Unilateral Appointment Of Arbitrator & Non Service Of Notice : Madras High Court Sets Aside Arbitral Award

The Madras High Court bench of Justice Krishnan Ramasamy has set aside an arbitral award where the opposite party proceeded with arbitration unilaterally and appointed the Arbitrator without any intimation to the claimants. Further, the claimants neither received notices of hearing nor appeared before the Tribunal, and consequently, the Arbitrator did not afford any opportunity...

CBI Did Not Probe Thoothukudi Firing Incident Independently: Madras High Court

The Madras High Court has come down heavily on the Central Bureau of Investigation for its failure to bring to light the original culprits in the 2018 Thoothukudi Police Firing during the Anti-Sterlite protests.The bench of Justice SS Sundar and Justice N Senthilkumar said that the agency had failed miserably and the fact that the agency had named only one inspector in its charge sheet would...

Madras High Court Weekly Round-Up: July 22 - July 28, 2024

Citations: 2024 LiveLaw (Mad) 286 To 2024 LiveLaw (Mad) 290 NOMINAL INDEX Sapphire Foods India Ltd v The Commissioner, 2024 LiveLaw (Mad) 286 Raja Murrugan v Superintendent of Police, 2024 LiveLaw (Mad) 287 The Chief Revenue Controlling Authority Chennai Versus R.Muniyandi, 2024 LiveLaw (Mad) 288 Karthikeyan and Others v Thangapandian, 2024 LiveLaw (Mad) 289 Arulraj...

Foreign Tax Credit Can't Be Denied In Spite Of Accepting Computation: Madras High Court

The Madras High Court has held that the claim of foreign tax credit cannot be denied in spite of accepting the computation.The bench of Justice Senthilkumar Ramamoorthy, on examining the company tax return and the activity statements, appears prima facie that the petitioner has remitted taxes through the Australian branch. It is clear that foreign tax credit in respect thereof was claimed by...

Madras High Court Judges Recuse From Hearing Savukku Shankar Habeas Corpus Plea Citing His Mother's "Unwarranted" Remarks About Proceedings

The Madras High Court bench of Justice MS Ramesh and Justice Sunder Mohan have recused from hearing the habeas corpus plea filed by A Kamala, mother of Youtuber and whistleblower 'Savukku' Shankar challenging his detention under the TN Preventive Detention Act. The bench said that Kamala, in a petition seeking to transfer the HCP to the Supreme Court or any court...

Usage Of The Term "Tribal" In School's Name Is Unwarranted, Results In Stigmatisation Of Children: Madras High Court

The Madras High Court has directed the Chief Secretary to the Government of Tamil Nadu to initiate appropriate action and remove prefixes like “Tribal” from the names of the Government Schools in the state. Justice SM Subramaniam and Justice C Kumarappan, while hearing the suo motu petition initiated in the wake of the Kallakurichi Hooch Tragedy, noted that the Government schools...

Madras High Court Laments Political Favours Preventing Police From Acting Against Voter Bribery In Elections

The Madras High Court recently criticized the police force for not acting appropriately in cases involving bribery during elections. The court remarked that though the police were the only machinery that could act against such offenses, in many cases, the police were taking sides and not prosecuting expecting favors from political parties. “The Police is the only machinery which...

No Prior Sanction Needed To Prosecute Officers Below Rank Of Inspector, Article 14 Cannot Be Applied Against Administrative Hierarchy: Madras HC

The Madras High Court has made it clear that no prior sanction under Section 197 CrPC is needed to prosecute police officers below the rank of Inspector of Police. Section 197 of CrPC (Section 218 of the Bharatiya Nagarik Suraksha Sanhita 2023) deals with obtaining prior sanction before taking cognizance of an offense involving a person who is or was a Judge or Magistrate or a...

Interest Can't Be Demanded When Entire Stamp Duty Paid During Pendency Of Appeal: Madras High Court

The Madras High Court has held that interest cannot be demanded when the entire amount as demanded by the authorities has been paid even during the pendency of the appeal.The bench of Justice R. Vijayakumar has observed that the present appeal has been filed under Section 47-A(10) of the Indian Stamp Act, 1899. Only after orders are passed by the Court will the liability get fastened upon...

Shocking That Lawyer Is Seeking Protection To Run Brothel: Madras HC Asks State Bar Council To Ensure Members Are Enrolled From 'Reputed Institutions'

Expressing shock over a lawyer seeking protection for running a brothel center, the Madras High Court has asked the state bar council to ensure that members are enrolled only from reputed institutions and restrict the enrolment from unreputed institutions from Andhra Pradesh, Karnataka, and other states. Justice B Pugalendhi observed that it was high time the bar council realised that...