Madras High Court
Church Of South India Amenable To Writ Jurisdiction Under Article 226 Except When Discharging Functions Of The Clergy: Madras High Court
The Madras High Court has recently observed that the Church of South India performs public functions when it is engaged in the running of schools, colleges, hospitals, etc and if any action taken by the CSI is detrimental to this public duty, a writ petition against the same would be maintainable. The bench of Justice R Subramanian, Justice PT Asha, and Justice N Senthilkumar...
Like Fulfilling Unwritten Will Of Deceased Govt Servant: Madras HC Says Granting Compassionate Employment Should Be Rule, Denying It An Exception
The Madras High Court has held that while considering compassionate appointments, granting appointments should be the rule, and denying it should be an exception. Justice RN Manjula observed that providing compassionate appointment was like fulfilling the unwritten will of the deceased government servant, and required an understanding of how the deceased employee would have wished...
Madras High Court Weekly Round-Up: February 26 - March 03, 2024
Citations: 2024 LiveLaw (Mad) 83 To 2024 LiveLaw (Mad) 94 NOMINAL INDEX The State v I Periyasamy, 2024 LiveLaw (Mad) 83 Krishapriya Foundation v The Union of India, 2024 LiveLaw (Mad) 84 Union of India v The Deputy Director, UIDAI, 2024 LiveLaw (Mad) 85 S Lakshmipathy v The State and Others, 2024 LiveLaw (Mad) 86 V Senthil Balaji v Deputy Director, 2024 LiveLaw...
Courts Need To Strike Balance Between Individuals' Right To Be Forgotten And Citizens' Right To Know: Madras High Court
The Madras High Court recently emphasized that though the courts were expected to preserve data as a court of record, it was also required to strike a balance between the collection of such data and the protection of a person's personnel data. The bench of Justice Anita Sumanth and Justice R Vijayakumar observed that while the courts were expected to possess data, it was the...
AO's Classification Of Harpic And Lizol Under 28% GST Slab Rate Is Without Application Of Mind: Madras High Court
The Madras High Court has held that Ao's classification of Harpic and Lizol under the 28% GST slab rate is without application of mind.The bench of Justice Mohammed Shaffiq has observed that when objections are raised, a duty is cast on the assessing authority to apply its mind to the objections and deal with each one of them. Failure to do so would vitiate the order of assessment on the...
Tamil Nadu Urban Local Bodies Act Mandates 15 days' Time To Be Provided To Property Tax Assessee To Respond To Notice: Madras High Court
The Madras High Court has held that Section 116A of the Tamil Nadu Urban Local Bodies Act, 1998, mandates that 15 days' time should be provided to the property tax assessee to respond to the notice before action is taken.The bench of Justice Senthilkumar Ramamoorthy has directed the respondent department to de-seal the restaurant.The petitioner/assessee has assailed a demand notice that...
Madras High Court Directs TNPSC To Cancel Provisional Selection List For 245 Civil Judges, Says Reservation Rules Not Followed
The Madras High Court has directed the Tamil Nadu Public Service Commission to cancel the provisional list for the recruitment of 245 civil judges in the State. Asking the TNPSC to prepare a revised provisional list within two weeks, the bench of Justice SM Subramaniam and Justice K Rajasekar observed that the impugned provisional list was prepared without applying Section 27(f) of...
“Would You Have Conducted Further Investigation For Ordinary Person?”: Madras HC Asks IO In Suo Motu Revision Against Acquittal Of Minister Thangam Thenarasu
While hearing the Suo Motu revision against the acquittal of Tamil Nadu Finance Minister Thangam Thenarasu in a corruption case, the Madras High Court on Thursday interrogated the Investigation Officer who had conducted further investigation and filed the final closure report leading to the acquittal of the Minister. Justice Anand Venkatesh interrogated the Investigating...
Madras High Court Directs State To Appoint Nodal Officers To Ensure Mortal Remains Of Rajiv Gandhi Assassination Convict Are Flown To Sri Lanka
The Madras High Court has directed the Tamil Nadu Government to appoint senior IAS and IPS officers to ensure that the mortal remains of T Suthenthiraraj alias Santhan, one of the convicts in the Rajiv Gandhi Assassination case is taken to Sri Lanka. Santha died on 28th February 2024, at Rajiv Gandhi Government Hospital in Chennai. Santhan had previously approached the court...
State Cannot Question Minority Institution's Discretion To Run School With 2 Students, But Has Authority To Decline Grant: Madras High Court
The Madras High Court recently observed that though neither the Court nor the State have any authority to question the discretion of a minority school to run with just two students, the State does have the authority and right to decline public grant to such school. The bench of Justice G Jayachandran and Justice C Kumarappan added that an institution, just because of its minority...
Under PMLA, Jail Is The Rule And Bail Is The Exception: Madras High Court In Senthil Balaji's Plea
The Madras High Court on Wednesday emphasised that though generally bail is the rule and jail is the exception, under the Prevention of Money Laundering Act(PMLA), this principle was turned and jail became the rule. Justice Anand Venkatesh made the observations while dismissing the bail plea of former TN Minister Senthil Balaji. Balaji was arrested by the Enforcement Directorate...
Marital Relationship Not Worth Saving When It Has Become Worthless & Deadwood, Both Parties Engaged In Abuse & Cruelty: Madras High Court
The Madras High Court has recently observed that when husband and wife were engaged in a war of words, abuse and vulgar criticism of family members, there was no point in saving such a marital relationship as the marital tie would have become worthless and deadwood. Justice G Jayachandran and Justice C Kumarappan were hearing a challenge against an order from the Family Court refusing...