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...

[Accidents During Funeral Processions] DGP Informs Madras HC Of Preventive Steps Taken, Court Closes Suo Motu Plea

The Madras High Court recently disposed of a suo motu plea the court had taken up in light of untoward incidents taking place during funeral processions in the state of Tamil Nadu. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy closed the suo moto writ petition after the Director General of Police informed it of the instructions given to all the SDOs...

Inquiry To Be Continued By Adjudicating Authority As Per Notification In Vogue And Not Under Superseded Notification: Madras High Court

The Madras High Court has held that the inquiry will have to be continued by the adjudicating authority as per the notification in vogue and not by the adjudicating authority under the superseded notification.The bench of Chief Justice Sanjay V. Gangapurwala and Justice Bharatha Chakravarthy has observed that the phrase “except as respects things done or omitted to be done before...

In Absence Of Notification For Cross-Empowerment, Action Taken By Counterparts Are Without Jurisdiction: Madras High Court

The Madras High Court has held that in the absence of notification for cross-empowerment, action taken by counterparts was without jurisdiction.The bench of Justice C. Saravanan has observed that the manner in which the provisions have been designed is to ensure that there is no cross-interference by the counterparts. The only exception provided is under Section 6 of the respective GST...

2021 TN Assembly Elections | Madras High Court Orders Recounting Of 605 Rejected Postal Ballot Votes In Krishnagiri Constituency

The Madras High Court has ordered the recounting of 605 postal ballot votes which were rejected without assigning proper reasons in the Krishnagiri constituency during the 2021 Tamil Nadu Legislative Assembly. Justice PT Asha directed the Registrar General of Madras High Court to name any of the Registrars to supervise the counting of the postal ballot votes and submit a report on...

“Just Because I Was Prosecuted, Doesn't Mean I Was Guilty”: Ex-CM O Paneerselvam Argues In Madras High Court During Suo Motu Hearing

Former Tamil Nadu CM O Panneerselvam on Monday defended his discharge from a corruption case. Pannerselvam argued that merely because a prosecution was initiated against him, it could not be said that he was guilty of corruption. He argued that the prosecution initiated against him was merely due to political differences and a further investigation, which brought to light the...

Madras High Court Weekly Round-Up: March 18 to March 24, 2024

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw (Mad) 115 To 2024 LiveLaw (Mad) 130 NOMINAL INDEX Arulmigu Sundara Varadharaja Perumal Temple v Principal Secretary and Commissioner of Land Administration, 2024 LiveLaw (Mad) 115 K.N.Subramaniam Versus PCIT, 2024 LiveLaw (Mad) 116 Mohammed Ashik v Inspector of Police, 2024 LiveLaw...

Development Of Indian Medicine Like 'Siddha' Will Benefit Mankind But Not Much Attention Given After Independence: Madras High Court

The Madras High Court recently stressed the need to have clinical trials in Indian Medicine enabling it to get the required audience at international levels. The court added that the development of Indian Medicine like Siddha will not only benefit mankind but also take the pride of the country to the entire world. The remarks were made by a bench of Justice SS Sundar and Justice...

Educational Institutions Can't Claim Lien Over Student's Certificate, Withhold It On Account Of Pending Dues: Madras High Court

The Madras High Court recently reiterated that educational institutions cannot withhold the educational certificates of students with respect to pending dues. The court underlined that educational institutions cannot claim lien over the student's certificates. “However, the settled position of law in this regard is that certificates of a student cannot be withheld for arrears of fees...

“Can't Compel People To Vote”: Madras HC Dismisses Plea Seeking To Make Proof Of Voting Mandatory For Availing Paid Leave On Poll Day

The Madras High Court on Friday dismissed a plea seeking to make proof of voting mandatory for availing paid leave on polling days in the upcoming elections. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy observed that though every person had a duty to cast a vote, no one could compel a person to vote if he chose not to exercise his right. The court...

Stringent Provisions Of Detention Laws Misused In A Callous Manner, Authorities Should Refrain From Passing Careless Orders: Madras High Court

While setting aside the detention of a man under the Tamil Nadu Preventive Detention Act 14 of 1982, the Madras High Court expressed its discontentment with the manner in which the State was callously misusing detention orders. The bench of Justice MS Ramesh and Justice Sunder Mohan however refrained from passing deterrent orders against the State and hoped that the State would mend...