Dept's Failure To Consider Certificate Obtained From Supplier; Madras High Court Quashes ITC Mismatch Demand

The Madras High Court has quashed the demand in respect of the input tax credit (ITC) mismatch as the department has failed to consider certificates obtained by buyers.The bench of Justice Senthilkumar Ramamoorthy has observed that important records, such as the supplier's and the chartered accountant's certificates, were disregarded in the issuance of the demand order. Interference with...

PG Doctors' Refusal To Work In Govt Hospitals Infringe Fundamental Rights Of Poor Patients: Madras High Court Upholds Bond Agreement

The Madras High Court recently remarked that Doctors, who undergo postgraduate studies at low cost by utilizing taxpayer's money should serve the poor and needy in the State. Justice SM Subramaniam also remarked that doctors, who refused to work in government hospitals after completing the PG course, were infringing the fundamental rights of the poor and needy patients who were...

Madras High Court Strikes Down 2010 Amendment To Public Premises (Eviction of Unauthorised Occupants) Act Bringing Wakf Properties Under Its Ambit

The Madras High Court recently struck down an amendment brought out by the State Legislation in 2010 to the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act bringing Wakf properties under the ambit of the act. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy observed that since an amendment was brought into the central act- Wakf Act,...

Corporal Punishment Is Not A Solution To Guide Children, They Should Be Better Heard And Treated With Respect: Madras High Court

Emphasizing the need to treat children with care and respect, the Madras High Court has recently deprecated the practice of imposing corporal punishment on children. Justice SM Subramaniam observed that corporal punishment was completely unacceptable and prohibited under Section 17(1) of the Rights of Children to Free and Compulsory Education Act 2009. The court also said that...

Evidence Taken Behind The Back Of A Party After Completion Of Arguments, Madras High Court Sets Aside Arbitration Award

The High Court of Madras has held that an arbitration award based on an evidence taken on record after the completion of arguments and behind the back of a party would be liable to be set aside under Section 34 of the A&C Act. The bench of Justices R. Subramanian and R. Sakthivel held that when an evidence is taken behind the back of a party and after the completion of arguments,...

When Plea Regarding Lack Of Jurisdiction Not Raised Before The Arbitrator, It Cannot Be Raised In Appeal: Madras High Court

The High Court of Madras has held that a plea regarding lack of jurisdiction or invalidity of the appointment of the arbitrator must be raised before the arbitrator during the arbitral proceedings. It held that if such a plea is not taken at the first instance or, the Court in appeal cannot entertain such an objection. The bench of Justices R. Subramanian and R. Sakthivel also held...

Composer Ilaiyaraja's Transactions With Streaming Platforms Will Be Subject To Echo Recording's Appeal Over Ownership Of Songs: Madras High Court

The Madras High Court on Wednesday said that all commercial transactions that Music Composer Ilaiyaraja has entered into with music streaming platforms will be dependent upon the outcome of the appeal preferred by Echo Recording Studio over the ownership of songs. The bench of Justice R Mahadevan and Justice Mohammed Shaffiq made the observations on an appeal preferred by Echo...

Madras High Court Dismisses Plea To Initiate PMLA Proceedings Against BJP And Congress Candidates In Tirunelveli

The Madras High Court has dismissed a plea filed by an independent candidate seeking action under the Prevention of Money Laundering Act against the BJP and Congress candidates in Tirunelveli, following seizure of money. A bench of Justice MS Ramesh and Justice Sunder Mohan dismissed the plea after noting that the offences alleged did not constitute scheduled offences...

“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...

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...