Madras High Court
Madras High Court Refuses To Stay Conviction Of Former TN DGP Rajesh Das In Sexual Harassment Case
The Madras High Court has refused to stay the conviction of former Tamil Nadu DGP Rajesh Das in a sexual harassment case. In June 2023, the Chief Judicial Magistrate Court in Villupuram had convicted Das for sexually harassing a woman Superintendent of Police while on duty in 2021 and sentenced him to three-year imprisonment with a fine. This order was confirmed by the Principal...
Madras High Court Quashes ED's Provisional Attachment Order, Says Neither Notice Given To Party Nor Order Confirmed By Adjudicating Authority
The Madras High Court has recently set aside a provisional attachment order made by the Deputy Director of ED and confirmed by the adjudicating authority after noting that the provisional attachment was not made per law. The court noted that even on the counter, the Department could not explain how the provisional attachment could be sustained on merits. The bench of Justice MS Ramesh...
NIA Act | Restriction On Filing Appeals After 90 Days Despite Showing Sufficient Cause For Delay Against Fundamental Right: Madras High Court
The Madras High Court recently held that the word “Shall” used in Section 21(5) of the National Investigation Agency Act be read as “May” in appeals challenging the judgments of conviction and appeals challenging rejection of bail. Section 21(5) of the NIA Act reads “Every appeal under this section shall be preferred within a period of thirty days from the date of...
Madras High Court Weekly Round-Up: February 5 - February 11, 2024
Citations: 2024 LiveLaw (Mad) 56 To 2024 LiveLaw (Mad) 66 NOMINAL INDEX Chairman and Managing Director, UCO Bank v K Marimuthu, 2024 LiveLaw (Mad) 56 TN Medical Laboratories Association v Principal Secretary and others, 2024 LiveLaw (Mad) 57 SR Sathyanarayana Rao v The District Collector and Others, 2024 LiveLaw (Mad) 58 E Shakthi Murugan v District Collector, 2024...
“Right To Participate In Funeral Ceremony Of Parent/Spouse/Child Part Of Article 25”: Madras HC Allows Undertrial To Attend Father's Funeral
The Madurai bench of the Madras High Court held a special sitting on Sunday to hear the anticipatory bail plea of an undertrial arrested under the Narcotic Drugs and Psychotropic Substances Act, seeking to attend his father's funeral. Though the court firmly objected to granting bail or interim bail to the prisoner, the court observed that the Right to attend the funeral was part...
S. 43A IT Act | Company Preparing List Of Employees Not Vaccinated Against COVID-19 Is Not Circulating Sensitive Personal Data: Madras High Court
The Madras High Court has recently observed that a company making a list of employees who have not been vaccinated against Covid-19 is not sharing sensitive personal data and cannot be prosecuted under Section 43 A of the Information Technology Act. Justice Anand Venkatesh thus set aside a private complaint initiated against a company by its former employee. The court noted that...
Madras High Court CJ Re-Assigns Suo Motu Revisions Against Acquittal/Discharge Of Ministers To Justice Anand Venkatesh
The Chief Justice of the Madras High Court, Justice SV Gangapurwala has assigned the suo motu revision pleas against the acquittal/discharge of Ministers in Tamil Nadu to Justice Anand Venkatesh. On Monday, the Supreme Court had left it for the Chief Justice of the High Court to take a call on who shall hear and decide the suo motu proceedings initiated by the Single Judge. In August...
“Environmental Interest Converted Into Communal Tension”: Madras High Court Refuses To Quash Hate Speech Case Against BJP State Head Annamalai
The Madras High Court on Thursday refused to quash the criminal proceedings initiated against BJP State Head K Annamalai for his remarks against a Christian Missionary NGO. In an interview with a YouTube Channel, Annamalai had allegedly stated that it was a Christian Missionary NGO which had initially approached the Supreme Court seeking a ban on firecrackers. A video clipping of...
Non-Production Of Original Tax Invoice From Registered Dealer, Reversal Of ITC By Dept. Doesn't Amount To Double Taxation: Madras High Court
The Madras High Court has held that when a registered dealer claims any benefit under Section 19 of the TNVAT Act 2006, he has to strictly adhere to the conditions laid down in the said section.The bench of Justice D. Krishnakumar and Justice R. Vijayakumar has observed that the petitioner has not produced the original tax invoice from a registered dealer, and therefore, he cannot complain...
Advocates Are Referred To As Gentlemen In Profession Of Advocacy; Lawyers Must Try To Fit Into That Word: Justice Vaidyanathan Bids Farewell To Madras HC
The Madras High Court held a farewell function today for Justice Vaidyanathan who was recently elevated as the Chief Justice of the Meghalaya High Court. In his farewell speech, Justice Vaidyanathan said that a lawyer was seen as a Gentleman in the profession of advocacy and every lawyer must endeavor to fit into that word. He added that lawyers should always take care of the interests...
Scope Of Extension Petition And Statutory Bail Petition Different, Should Not Be Taken Up Together By The Special Court: Madras High Court
The Madras High Court has cautioned the special courts against taking up applications for extension of remand and application for statutory bail together since the scope of both petitions is different.“The Special Courts must get rid of the practice of dealing with the extension petition and the statutory bail petition together. The scope of both these petitions are very different and...
Date Of E-Filing Final Report To Be Taken As Date Of Filing, Not When Papers Are Made Physically Available At Court: Madras High Court
In a significant judgment, the Madras High Court has made it clear that the date of filing a chargesheet should be taken to be the date on which the e-filing was done and not when the papers were physically made available at court. Justice Anand Venkatesh was dealing with a plea challenging a written endorsement of a trial court returning an application for statutory bail on the...