Madras High Court
No Clinching Material To Show Exact Birth Date Of Thiruvalluvar: Madras High Court Declines To Interfere With Govt Holiday
The Madras High Court has dismissed a plea challenging the policy of the Government of Tamil Nadu celebrating the birthday of Thiruvalluvar on the 2nd day of Thai which was also declared a public holiday. The petitioner had sought to celebrate Thiruvalluvar's birthday on the Tamil star “Anusham” in the Tamil Month of “Vaikasi”. Justice M Dhandapani said that since there was no evidence to know the exact birth date of Thiruvalluvar, the court could not issue such directions to...
Madras High Court Reserves Orders On Pleas Seeking CBI Probe Into Kallakurichi Hooch Tragedy
The Madras High Court has reserved orders on a batch of pleas seeking CBI inquiry into the Kallakurichi Hooch Tragedy which claimed around 68 lives. The bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji reserved the orders on pleas filed by I.S Inabadurai, K Balu, Dr A Sridharan, A Mohan Doss, and B Parthasarathy. The petitioners had argued that the state machinery had failed in tackling the sale and consumption of spurious liquor. It was contended that hooch...
Sexual Assault Of Minor Girls At 'Fake' NCC Camp | Madras High Court Directs State To Make Ex-Gratia Payment To Victims
The Madras High Court has directed the Tamil Nadu government to make ex gratia payments to victim school girls who were sexually assaulted in a fake NCC camp conducted in Krishnagiri District. The bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji was hearing a public interest litigation filed by Advocate AP Suryaprakasam seeking a CBI inquiry into the case. The directed the State to make the ex-gratia payments to the credit of the Mahila Court which had already granted...
People In Mainland Enjoying High Tech Facilities, Tribals In Kalvarayan Hills Deserve At Least Basic Amenities: Madras High Court Remarks
The Madras High Court on Thursday orally remarked that when people living in the mainland are enjoying hi-tech facilities, the people belonging to scheduled caste and scheduled tribe communities, living in the Kalvarayan Hills should be getting at least the basic amenities for leading a decent life. The bench of Justice SM Subramaniam and Justice N Mala was hearing a suo motu writ petition taken up by the court in the aftermath of the Kallakurichi illicit arrack tragedy which took the...
Appeal Can't Be Rejected For Failure To Upload Documents On GST Portal Due To Technical Errors: Madras High Court
The Madras High Court stated that an appeal cannot be rejected solely due to the failure to upload documents on the GST portal if the delay or failure is due to technical errors on the portal. The Bench of Justice Krishnan Ramasamy observed that “….an appeal should not be rejected without affording the parties an opportunity to be heard, particularly when the rejection arises...
Money Laundering Includes Every Activity Dealing With Proceeds Of Crime, Not Limited To Final Act Of Integrating Money Into Economy: Madras HC
The Madras High Court recently observed that Section 3 of the Prevention of Money Laundering Act had wider reach and that money laundering would include any activity or process of dealing with proceeds of crime, either directly or indirectly. The court made it clear that the offence was not limited to the final act of integrating tainted money into the economy. Justice SM Subramaniam and Justice V Sivagnanam noted that the wording of Section 3 should not be read conjunctively merely...
Letter Given To Police Officer Admitting Guilt Hit by Section 25 Of Evidence Act, Not Admissible As Evidence: Madras High Court
The Madras High Court has recently set aside an order of the XV Metropolitan Magistrate, which had allowed a petition filed by the prosecution to receive two documents as additional documents, one of which was a letter admitting guilt given to the police. Justice Nirmal Kumar noted that any letter given to a police officer admitting guilt is hit by Section 25 of the Indian Evidence Act. The court observed that in the present case, though it was said by the prosecution, it appeared that...
Madras High Court Directs Tamil Nadu Veterinary And Animal Sciences University To Not Reject Candidate's Application For Being Transgender
The Madras High Court has recently directed the Tamil Nadu Veterinary and Animal Sciences University not to reject a candidate's application on the grounds of being transgender. Justice M Dhandapani was hearing a petition filed by A Nivetha challenging the prospectus issued by the University for admission to undergraduate degree programs. Nivetha had sought to quash the prospectus as being illegal as it did not categorize transgenders as a special category. “It is made clear that the...
[MSMED Act] Statutory Authority Can Only Entertain Dispute If Supplier Was Registered Under The Act During Relevant Period: Madras HC
The Madras High Court recently ruled that the statutory authority under the Micro, Small, Medium, Enterprises Development Act, 2006 would have jurisdiction to entertain disputes only when the supplier had been registered under the Act at the relevant point of time. Justice K Kumaresh Babu thus allowed an application filed by Swiss Garniers Genexiaa Sciences Pvt Ltd to waive off the requirement to pay 75% pre-deposit amount under Section 19 of the Act. “..having been prima facie...
PMLA Accused Need Not Be Produced Before Special Court Within 24 Hours If Arrested From Judicial Custody: Madras High Court
The Madras High Court recently dismissed the petition filed by former DMK functionary Jaffer Sadiq challenging his arrest by the Enforcement Directorate in connection with a PMLA case. The bench of Justice SM Subramaniam and Justice V Sivagnanam noted that requirements under the Act had been met when Sadiq, who was already in judicial custody, was formally arrested. Thus, the court said that the petition was devoid of merits and dismissed the same. “...if a person is already in...
Police Cannot Order Freezing Of Bank Account Without Quantifying Amount Involved In Financial Fraud, Violates Right To Trade: Madras HC
The Madras High Court has recently ruled that the investigating agency cannot order freezing the entire bank account of a person involved in a financial fraud without quantifying the amount involved in the fraud. Justice G Jayachandran ruled that such orders freezing the entire amount would be construed as a violation of the fundamental right of trade and business as well as a violation of livelihood. The court added that though the statute empowers investigation agencies to request...
Rampant Use Of 'Cool Lip' Tobacco Products By School Kids: Madras High Court Suo Motu Impleads Ministry Of Health And Family Welfare
The Madras High Court has impleaded the Ministry of Health and Family Welfare, the Secretary to Government, School Education Department and the Commissioner of Food Safety and Drug Administration in Tamil Nadu in a plea dealing with rampant use of cool lip tobacco products amongst school kids in the State. Justice Bharatha Chakravarthy was hearing a bail petition filed by a man who was found in possession of 27 packets of cool lip tobacco products. He was thus charged for offences...