Madras High Court
“Degraded The Morale Of Police Force”: Madras High Court Dismisses Ex-DGP Rajesh Das's Plea To Suspend Sentence In Sexual Harassment Case
The Madras High Court on Tuesday dismissed two applications moved by former special DGP of Tamil Nadu Rajesh Das, seeking suspension of sentence and exemption from surrendering in a sexual harassment case. In June 2023, the Chief Judicial Magistrate Court in Villupuram convicted and sentenced him for offences under Section 354A (2) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2020 and Section 341 read with Section 109 of IPC for sexually harassing a woman...
Madras High Court Seeks ED's Response On Plea To Initiate PMLA Proceedings Against BJP And Congress Candidates In Tirunelveli
The Madras High Court has asked the Enforcement Directorate to respond to a plea seeking to initiate proceedings under the Prevention of Money Laundering Act against Nainar Nagendran and Robert Bruce – BJP and Congress candidates from the Tirunelveli constitutency in the Lok Sabha Election 2024. Though the bench of Justice MS Ramesh and Justice Sunder Mohan prima facie opined that...
If Arbitration Award Not Challenged Under Section 34, Can't Be Challenged At Execution: Madras High Court
The High Court of Madras at Madurai has held that an Executing Court cannot go behind an arbitration award and decides issues on merit of the award. The bench of Justice G. Ilangovan held that an arbitration award can only be challenged under Section 34 of the A&C Act and party failing to challenge the award therein cannot raise contentious issues on merit of the award before...
Madras High Court Weekly Round-Up: April 15 - April 21, 2024
Citations: 2024 LiveLaw (Mad) 161 To 2024 LiveLaw (Mad) 165 NOMINAL INDEX V Maharajan v. The Election Commission, 2024 LiveLaw (Mad) 161 M/s.Bay-Forge Private Limited Versus Additional/Joint/Deputy/Assistant Commissioner of Income Tax/ Income Tax Officer, National Faceless Assessment Centre, New Delhi, 2024 LiveLaw (Mad) 162 S Dhinakaran v The Commissioner of HR and CE and...
“Investigation Underway, Have Traced Most Of Those Who Went Missing From Sadhguru's Isha Foundation”: State Tells Madras HC
The State Government on Thursday informed the Madras High Court that investigation was underway in the case of man-missing from Isha Foundation founded by Sadhguru.The bench of Justice MS Ramesh and Justice Sunder Mohan was hearing a habeas corpus plea filed by Thirumalai of Tirunelveli District to produce the body of his brother Ganesan.In the previous hearing, the Additional Public...
Assessee Can't Be Absolved Of Responsibility As Registered Person To Monitor The GST Portal: Madras High Court
The Madras High Court held that the assessee cannot be absolved of responsibility as a registered person to monitor the GST portal.The bench of Justice Senthilkumar Ramamoorthy has observed that an audit was conducted and that an audit report dated 15.09.2023 was issued. An intimation and show cause notice preceded the impugned order. It is noticeable that the tax proposal was confirmed...
Poll-Ads Pre-Certification: Madras High Court Asks ECI To Produce Supreme Court Order, Says ECI Can't Pass Orders Limiting HC's Jurisdiction
The Madras High Court on Wednesday commented that the ECI could not have doubled up the powers of the High Court under Article 226 of the Constitution. The court also remarked that the ECI could not have passed orders limiting the jurisdiction of the High Courts. The bench of Chief Justice SV Gangapurwala and Justice Sathya Narayana Prasad was hearing a plea by the Dravida...
[Road Accident] Smelling Alcohol In Breath Not Itself Ground To Attribute Contributory Negligence, Must Assess Alcohol Level In Blood: Madras HC
The Madras High Court recently observed that merely smelling alcohol in the breath of a person brought to the hospital by itself is not a ground to attribute contributory negligence to the person in motor accident cases. The court noted that in most cases, the doctors merely indicated the breath smelled of alcohol without making any effort to find out the percentage of alcohol in...
Discriminatory Ancient Practises Must Give Way After Adoption Of Constitution: Madras HC Bins Plea Challenging Handing Over Of Sceptre To Widow In Meenakshi Temple
Criticizing a litigant for filing pleas objecting to the handing over of a sceptre to a widow during the Pattabhishekam day in Chitra Festival in the Meenakshi Amman Temple, the Madras High Court recently observed that there was no embargo in handing over the Sengol or the Sceptre to a woman or a widow. Justice C Saravanan added that even if such sanctions were operating in ancient...
Gratification Of Electors During Election Demolishes Basic Structure Of Constitution And Democracy: Madras High Court
The Madras High Court recently remarked that gratification to voters in the form of money, food, prizes, etc. during elections would demolish the basic structure of the constitution and democracy. Justice B Pugalendhi of the Madurai bench also lamented that the legislature has not treated such gratifications with gravity as the offence was punishable only with imprisonment to an extent...
Opportunity For Hearing Was Refused Due To Assessee's Failure To Click On Appropriate Button, Madras High Court Quashes Faceless Assessment Order
The Madras High Court has quashed the order as the opportunity for hearing was refused due to the assessee's failure to click on the appropriate button.The bench of Justice Mohammed Shaffiq has observed that the personal hearing ought to have been extended, though the assessee might have failed to click on the appropriate button. The bench, while quashing the order, was directed to pass the...
Lok Sabha Election 2024 | Madras High Court Dismisses Plea Challenging Tirunelveli BJP Candidate's Nomination
The Madras High Court on Tuesday dismissed a plea challenging the nomination filed by Nainar Nagendran, BJP's candidate from Tirunelveli. Chief Justice SV Gangapurwala and Justice Sathya Narayana Prasad noted that it was too late to issue any direction at this point considering that the polling in the state of Tamil Nadu was scheduled to be held on 19th April.The petition was filed by one...