Madras High Court Weekly Round-Up: January 15 - January 21, 2024

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw (Mad) 21 To 2024 LiveLaw (Mad) 32 NOMINAL INDEX Selvam @ Selvakumar and others v The Inspector of Police, 2024 LiveLaw (Mad) 21 ABC v XYZ, 2024 LiveLaw (Mad) 22 Ouwshitha Surendran v National Medical Commission and Others, 2024 LiveLaw (Mad) 23 Anamallais Bus Transports P Ltd verses The Principal Commissioner of Income Tax, 2024 LiveLaw (Mad) 24 Jak Communications Private Limited Verses Chief Commissioner of Income Tax (TDS), 2024 LiveLaw (Mad) 25 Amala Paul v Deputy Superintendent of Police and another, 2024 LiveLaw (Mad) 26 VA Anand v State Information Commission and Others, 2024 LiveLaw (Mad) 27 Dr A Paramasivan v State, 2024 LiveLaw (Mad) 28 Info Edge (India) Ltd. v Google India Ltd and Others (batch cases), 2024 LiveLaw (Mad) 29 R Jaganathan v State and Others, 2024 LiveLaw (Mad) 30 M Yogamagi v The Secretary to the Government and Others, 2024 LiveLaw (Mad) 31 R Raja v Government of Puducherry and Others, 2024 LiveLaw (Mad) 32 REPORT Trial Judges Adjourning Cases At Counsel's Request To Earn Good Name In Bar, Not Following Supreme Court Guidelines: Madras High Court Case Title: Selvam @ Selvakumar and others v The Inspector of Police Citation: 2024 LiveLaw (Mad) 21 The Madras High Court recently observed that the trial courts were not following the guidelines issued by the Supreme Court in 2014-2016 dealing with witness examination. The court remarked that some trial judges were not following the guidelines laid down by the Supreme Court but were adjourning cases at the request of the counsels appearing for the accused to earn a good name at the bar. Justice Sathi Kumar Sukumara Kurup was dealing with a petition filed under Section 482 CrPC to set aside an order of the Sessions Judge, Fast Track Mahila Court, Sivagangai The Sessions judge had dismissed a petition filed by the petitioners to recall some witnesses. Husband Not Including Wife And Children In Service Register, Denying Financial Assistance Is 'Cruelty': Madras High Court Case Title: ABC v XYZ Citation: 2024 LiveLaw (Mad) 22 The Madras High Court recently observed that a husband who was not interested in living with his wife and children by not giving them any financial assistance and not including their names in the Railway Service register would be committing cruelty. Justice RMT Teekaa Raman and Justice PB Balaji were dealing with an appeal preferred by a wife challenging a Family Court order granting divorce to the husband on the ground of irretrievable breakdown of marriage. The court however noted that none of the reasons stated by the husband were proved as per law and in fact, the wife was able to show that it was the husband who had not discharged his duties even while the wife was willing to lead a peaceful life. Madras High Court Directs National Medical Commission To Give Eligibility Certificate To Foreign Graduate, Says English Not Mandatory Subject Case Title: Ouwshitha Surendran v National Medical Commission and Others Citation: 2024 LiveLaw (Mad) 23 The Madras High Court has recently directed the National Medical Commission (NMC) to grant an eligibility certificate to a Foreign Medical Graduate and register her as a Medical Practitioner if there is no other impediment. The NMC had earlier rejected the eligibility certificate on the grounds that she had not studied English as a subject. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy was hearing an appeal by the graduate, Ouwshitha Surendran, against a single-judge order holding her ineligible as per the rules. The court however noted that Ouwshitha qualified as per Regulation 4(2)(a) of the Graduate Medical Education Regulations, 1997 since she had undergone all her education till her MBBS Degree in English Medium which was not less than the core course of English as prescribed by NCERT. Income Tax Act | Penalty U/S 271E Cannot Be Levied On Repayment Of Loan In Absence Of Cash Transaction: Madras HC Case Title: Anamallais Bus Transports P Ltd verses The Principal Commissioner of Income Tax Citation: 2024 LiveLaw (Mad) 24 While observing that transaction pertaining to loan between two concerns wherein the liability of borrower stood reduced in the books of accounts to an extent of payment made to clear the liability of assessee appears to be in accordance with law, the Madras High Court ruled that penalty under Section 271E of Income tax Act, 1961 cannot be levied on repayment of loan in absence of cash transaction. The High Court made it clear that the question of dealing with cash transaction does not arise and therefore penalty under Section 271E cannot be levied. There Can Be No Limitation For Filing Application For Compounding Of Offence Contrary To Sec 279(2) Of I-T Act:...

Madras High Court Weekly Round-Up: January 15 - January 21, 2024

Upasana Sajeev

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