MSMED Act | Imposition Of Three Times Bank Interest By MSME Facilitation Council Is Violation Of Principles Of Reasonableness And Fairness: Madras High Court

The Madras High Court single bench of Justice R. N. Manjula held that the imposition of three times of the bank rate of interest on the award amount by the Micro Small and Medium Enterprises, Facilitation Council is violation of fundamental principles of reasonableness and fairness. It held that the Petitioner is indirectly deprived of his appeal remedy in view of such high rate...

Giving Police Protection To People With Criminal Background Will Send Wrong Signal, Make Public Lose Faith In System: Madras High Court

The Madras High Court recently opined against giving police protection to persons with criminal backgrounds as it would send a wrong signal to society and would make people lose their faith in the existing system. Justice Anand Venkatesh added that courts must be very circumspect to grant police protection to any person with a criminal background. The court added that even if some...

Madras High Court Stays Centre's Notification Banning Import, Breeding Of “Dangerous & Ferocious” Dog Breeds

The Madras High Court temporarily stayed the Central Government on 12th March 2024, prohibiting the import, breeding, and selling of dogs classified as ferocious and dangerous to human life. Justice Anita Sumanth granted the interim stay on a plea filed by the Kennel Club of India seeking to quash the central government's circular. On March 12, 2014, the Ministry of...

Madras High Court Weekly Round-Up: March 25 - March 31, 2024

Citations: 2024 LiveLaw (Mad) 131 To 2024 LiveLaw (Mad) 142 NOMINAL INDEX T.Senguttuvan v Ashokkumar K and Others, 2024 LiveLaw (Mad) 131 Thai Mookambikaa Ladies Hostel v. Union of India, 2024 LiveLaw (Mad) 132 Suo Motu v State of Tamil Nadu and Others, 2024 LiveLaw (Mad) 133 Simon and Others v State, 2024 LiveLaw (Mad) 134 Srikaran V @ Murugan v The Director...

'Can't Compel Party To Continue Case When It Wants To Abandon Claim': Madras High Court Allows Govt To Withdraw Cases Against CM MK Stalin

The Madras High Court recently allowed the State of Tamil Nadu to withdraw cases that the state had filed against CM MK Stalin. The cases were initiated in 2019 when the AIADMK party was in power. The case relates to the alleged irregularities in the construction of Assembly-cum-Secretariat complex. While allowing the State's request to withdraw the case the bench of Justice R Suresh...

Bank Account Can't Be Frozen Under UAPA Without Order Of Central Govt Under S.7(1) : Madras High Court

The Madras High Court recently set aside an order passed by the Assistant Commissioner of Police, Vepery Range and ordered de-freezing the bank account of Tamil Nadu Development Foundation Trust after finding that the trust's account was frozen under the Unlawful Activities Prevention Act without conducting proper inquiry. The bench of Justice MS Ramesh and Justice Sunder Mohan...

District Registrars Are Quasi-Judicial Authorities, Can't Cancel Sale Deed By Conducting Summary Proceedings: Madras High Court

The Madras High Court has recently observed that the Registering Authorities or the District Registrars are quasi-judicial authorities and are not empowered to cancel Sale Deeds through summary proceedings. The bench of Justice SM Subramaniam and Justice K Rajasekar observed that the District Registrar only had powers to form an opinion regarding errors, omissions or violations during...

No Bar On Department Initiating Disciplinary Proceedings For Grave Misconduct Even If Not Connected With Discharge Of Duty: Madras HC

The Madras High Court has recently observed that there was no bar on a department for initiating disciplinary proceedings against an employee for grave misconduct even if the misconduct was not in connection with the discharge of duty. The Madurai bench of Justice G Jayachandran and Justice C Kumarappan made the observations on a plea filed by one Ramachandran questioning the...

Lok Sabha Election 2024 : Madras High Court Dismisses Plea Questioning Gap Between Date of Polling and Date of Counting

The Madras High Court on Wednesday dismissed a plea questioning the gap between the date of polling and the date of counting in the upcoming Lok Sabha Elections 2024. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy observed that the plea does not espouse any public cause and that the court could not issue directions to the Election Commission...

[Rajiv Gandhi Assassination Case] Issued Documents For Convicts To Travel Back To Sri Lanka: Sri Lankan High Commission Tells Madras High Court

The Sri Lankan High Commission has informed the Madras High Court that temporary travel documents have been issued to Balasundaram Robert Payas, Mr. Vetrivel Srikaran, and Mr. Shanmugalingam Jeyakumar, convicts in the Rajiv Gandhi Assassination case allowing them to be deported to Sri Lanka. The submission was made before the bench of Justice R Suresh Kumar and Justice K Kumaresh Babu....

Public Assembling, Demonstrating Against Police Not An Offence When There Is No Prohibitory Order Under S.144 CrPC: Madras High Court

The Madras High Court has recently observed that when there is no prohibitory order existing under S. 144 CrPC, there was no illegality in a few people assembling and demonstrating against the police and the same would not constitute an offense. Justice M Dhandapani of the Madurai bench made the observation in a plea seeking to quash the FIR registered against a group of men who...

Hostel Service Constitutes 'Residential Dwelling Unit' For Girl Students And Working Women, Will Be Exempt From GST: Madras High Court

The Madras High Court has recently ruled that Hostel services providing welling to girl students and working women will be exempt from the GST regime as they are residential dwelling units for the girl students and working women. Justice Krishnan Ramasamy stressed the work “residential dwelling” referred to in Entry 12 of the Exemption Notification No. 12 of 2017 would include...