No Embargo On Commercial Tax Dept. From Summoning To Furnish Records Even If Assessment Is Completed: Madras High Court

The Madras High Court has held that merely because the assessment is deemed to have been completed in both cases, it does not mean that the officers are precluded from exercising the power under Section 25 or Section 27 of the TNVAT Act, 2006.“I see no embargo on the respondent Commercial Tax Department from summoning the respective petitioners to furnish the records. In fact, the...

POSH Act | Disciplinary Authority Bound By Findings Of Fact Given By Internal Complaints Committee: Madras High Court

The Madras High Court has held that the disciplinary committee is bound by the decisions of the Internal Complaints Committee with respect to allegations of sexual harassment at workplace. Justice R Suresh Kumar and Justice K Kumaresh Babu noted that as per the observations of the Apex Court, the findings and the report of the Complaints Committee shall not be treated as a...

Morphing Woman's Picture And Uploading It On Social Media Not Only Damages Her Morality But Also Affects Younger Social Media Users: Madras High Court

The Madras High Court recently refused to grant bail to a man booked for morphing and uploading a woman's picture on social media. The court said that the act not only affected the morality of the woman and her family but may also deviate others using social media, especially the younger generation. Justice B Pugalendhi noted that while all the other offenses alleged were bailable,...

“Driving Her To Civil Court Is Not Proper”: Madras HC Appoints Wife As Guardian Of Comatose Husband, Allows Her Sell To Properties For Medical Expenses

The Madras High Court has recently appointed a wife as the guardian of her husband, who was in a vegetative state, thereby allowing her to dispose of the properties in her husband's name to meet the medical expenses. Justice GR Swaminathan and Justice PB Balaji thus set aside the order of a single judge who had opined that the relief could not be granted under Article 226 and gave...

Motor Vehicle Act Is A Beneficial Legislation, Should Be Interpreted In Favour Of Affected Persons: Madras High Court

The Madras High Court has observed that the Motor Vehicle Act is beneficial legislation and should be interpreted in favor of the affected persons. Justice R Subramanian and Justice R Sakthivel thus enhanced the compensation awarded to the family of a deceased minor boy in an accident involving vehicles driven by minor boys. The boy's family had approached the court to enhance...

Court Cannot Be Silent Spectator When Accused Tries To Delay Trial Under Guise Of Fair Opportunity: Madras High Court

The Madras High Court has observed that the court cannot be a mute spectator when the trial is delayed through attempts of the accused under the guise of fair opportunity. Justice G Jayachandran thus refused to entertain a plea for recalling witnesses. The court noted that the case was registered in the year 2009 and was yet to reach finality even after 15 years. The court thus...

Discharging Official Work Will Not Amount To Violation Of Human Rights: Madras High Court Sets Aside SHRC Order

The Madras High Court has observed that a person discharging his official duty cannot be held up for violation of Human Rights based on false and frivolous allegations. The bench of Justice SS Sundar and Justice N Senthilkumar thus set aside an order passed by the State Human Rights Commission directing the Central and State governments to compensate a former Junior Clerk of the...

Madras High Court Seeks DGP's Response On Plea To Allow Public At Parks And Beaches Till Late Hours To Quench Summer Heat

The Madras High Court has asked the Director General of Police and the Commissioner of Police, Greater Chennai City to respond to a plea for allowing public at parks and beaches till late hours to quench the summer heat. Justice GR Swaminathan and Justice PB Balaji directed the respondents to file a counter and adjourned the case to June 06. RK Jaleel, a resident of Chennai and...

Madras High Court Asks CIC To Conduct Fresh Inquiry Into Alleged Non-Disclosure Of Information Regarding Govt Action During COVID Pandemic

The Madras High Court has directed the Chief Information Commissioner to conduct a fresh inquiry into alleged non-disclosure of information pertaining to the actions taken by the Central Government during the COVID pandemic, including the actions taken, treatment given etc. In the order made on 7th December 2023, the copy of which was uploaded today, Justice PD Audikesavalu noted...

Madras High Court Quashes POCSO Case Against 21-Yr-Old Man Who Eloped With Teen Girl, Calls Them "Romeo-Juliet" Who Successfully Married

The Madras High Court recently quashed the criminal proceedings initiated under the Protection of Children from Sexual Offences Act against a 21-year-old man who had eloped with a 18 year old girl. Calling it a case of Romeo and Juliet which ended successfully in marriage, Justice G Jayachandran noted that the inherent power of the court under Section 482 of CrPC was meant for cases...

Difficult To Co-Exist Without Integrity & Honesty: Madras High Court Upholds Dismissal Of CISF Personnel For Using Another Person's ATM Card Without Permission

The Madras High Court recently dismissed the removal of a CISF Constable for using another CISF Constable's ATM card without permission and withdrawing money. Justice RN Manjula noted that though there was no previous similar instance, a charge of this nature was so severe and serious, that no soft approach could be taken. The court observed that taking away someone's ATM card...

Madras High Court Criticises Madurai Bar Association's Resolution Criticising Judicial Order Which Made Wearing Helmets Mandatory Across State

The Madras High Court criticized the members of the Madurai Bar Association for passing resolutions condemning a judicial order mandating the wearing of helmets by riders of two-wheelers and for subsequently holding a procession and making allegations against the Judge. Justice MS Ramesh and Justice Sunder Mohan noted that the members had attempted to take the law into their own...