Madras High Court Weekly Round-Up: April 8 - April 14, 2024

Citations: 2024 LiveLaw (Mad) 153 To 2024 LiveLaw (Mad) 160 NOMINAL INDEX S.ShreDharmaaraghavan v Inspector of Police and Others, 2024 LiveLaw (Mad) 153 Nippon Paint Holdings Co. Ltd and Another v Suraj Sharma and Another, 2024 LiveLaw (Mad) 154 Karti P Chidambaram v The Regional Passport Officer Chennai, 2024 LiveLaw (Mad) 155 Sri Nrisimha Priya Charitable Trust versus Central Board of Direct Taxes, 2024 LiveLaw (Mad) 156 M Chellammal v Office of the Insurance Ombudsman, 2024 LiveLaw (Mad) 157 Rajasekaran v The Assistant Election Officer, 2024 LiveLaw (Mad) 158 M/s.Eicher Motors Limited Versus The Assistant Commissioner of Central Tax and Central Excise, 2024 LiveLaw (Mad) 159 Dr A Seshadri and Others v Church of South India and Others, 2024 LiveLaw (Mad) 160 REPORT State Can't Deny Permission For Book Launch Event Merely Due To Participant's Candidature In Elections: Madras High Court Case Title: S.ShreDharmaaraghavan v Inspector of Police and Others Citation: 2024 LiveLaw (Mad) 153 Allowing permission for a book launch event, the Madras High Court recently observed that the state should not deny permission for an event merely because a person participating in the event is a candidate in the elections. Justice G Jayachandran was hearing a plea by Shre Dharmaaraghavan, who wanted to organize an event for the launch of the book “Professionals in Politics”. The event was to be addressed by Drona Charya Awardee Mr. RB Ramesh, Badri Seshadri Publisher and TV Panelist, Former IPS Officer and TN State BJP President K Annamalai, Technocrat and Business Mr Murali and Journalist, CEO and Anchor Mr Rangaraj Pandey. The Assistant Election Officer, Singanallur had declined permission for the book launch event. Considering the submissions, the court directed the State Government and the Election Commission to pass appropriate orders in accordance with the law and spirit of Part III of the Constitution and Article 324 of the Constitution. High Court Can Transfer Rectification Petition Pending In Trademark Registry Outside Its Jurisdiction To Its File: Madras High Court Case Title: Nippon Paint Holdings Co. Ltd and Another v Suraj Sharma and Another Citation: 2024 LiveLaw (Mad) 154 The Madras High Court recently observed that a High Court will have inherent powers to transfer to itself a rectification application pending in a Trademark registry that is not within its jurisdiction. Justice Abdul Quddhose observed that the Trade Marks Act had deliberately omitted to define the word “High Court” and thus the intention of the legislature was not to curtail the powers of the High Court. The court noted that the legislature intended to not for two forums to deal with the same subject matter and give conflicting decisions. “Order Limiting Passport Validity Bereft Of Reasons”: Madras HC Directs Passport Office To Issue Regular Passport To Karti Chidambaram With 10-Year Validity Case Title: Karti P Chidambaram v The Regional Passport Officer Chennai Citation: 2024 LiveLaw (Mad) 155 The Madras High Court last month directed the Regional Passport Office to issue a regular passport to Karti P Chidambaram with a validity of 10 years after noting that the order of the Regional Passport Office limiting the validity of the passport for one year was without any reasoning. Justice Anita Sumanth also observed that though Karti Chidambaram had criminal cases pending against him, he had approached the court several times in the past seeking permission to travel and has been granted the same. The court also noted that even the Special Judge (PC Act) in Delhi had remarked that Karti had not breached any conditions imposed by the court thus far. The court was thus of the opinion that there did not impede granting the passport for 10 years. CBDT Circular Not Extending Time To File Application For Regular Registration Of New Provisionally Registered Trusts U/S 80G Violative Of Constitution: Madras High Court Case Title: Sri Nrisimha Priya Charitable Trust versus Central Board of Direct Taxes Citation: 2024 LiveLaw (Mad) 156 The Madras High Court has held that the Circular dated May 24, 2023, issued by the Central Board of Direct Taxes (CBDT) not extending time to file applications for regular registration of new provisionally registered trusts under Section 80G of the Income Tax Act is violative of the Constitution of India. The bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy has observed that the petitioner trusts do not have any vested right to claim an extension of time. When the statute prescribes a time limit, the petitioner trusts are expected to apply within the said date to avail themselves of the benefits. The first respondent board issues circulars enlarging the time limit even beyond the prescribed limit to mitigate the rigors of the statute ...

Madras High Court Weekly Round-Up: April 8 - April 14, 2024

Upasana Sajeev

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