Madras High Court
Six People Have Gone Missing From Isha Yoga Centre Since 2016: TN Police Informs Madras High Court
The Tamil Nadu police on Thursday informed the Madras High Court that 6 people have gone missing from the Isha Foundation in Coimbatore since 2016. The police also informed the court that an investigation into the missing cases was underway. The submissions were made before the bench of Justice MS Ramesh and Justice Sunder Mohan. The bench was hearing a habeas corpus plea filed...
Law Students Will Benefit From Practical Experience: High Court Urges State To Find Suitable Place In Chennai For Madras Law College
The Madras High Court has urged the State government to find a suitable location within the Chennai city limits for the functioning of the Madras Law College. The Madras Law College (presently known as Dr. Ambedkar Government Law College) was established in 1891 and had been functioning from the heritage building near the Madras High Court in Chennai before being shifted to Tiruvallur...
S.24 Hindu Marriage Act | Interim Maintenance Order Is Interlocutory In Nature, Can Only Be Reviewed Not Appealed: Madras High Court
The Madras High Court on Thursday ruled that orders of interim maintenance passed under Section 24 of the Hindu Marriage Act are only interlocutory orders and thus, an appeal against such orders will not lie either under Section 28 of the Hindu Marriage Act or under Section 19 of the Family Courts Act. The bench of Justice M Sundar and Justice Govindarajan Thilakavadi however added that...
Madras High Court Dismisses Plea Seeking 4% Reservation For PwD Candidates In Promotion To Post Of District Judge, Cites Non-Existence Of Service Rules
The Madras High Court recently dismissed a plea seeking reservation to a differently abled person for promotion to the post of District Judge per Section 34 of the Rights of Persons With Disabilities Act 2016. The bench of Justice SM Subramaniam and Justice K Rajasekar noted that the present service rules only provided for providing 4% reservation in direct recruitments and not...
Madras High Court Deprecates Practice Of “Rubber Stamp Cognisance”, Asks District Judiciary To Apply Mind, Give Reasons While Taking Cognisance
The Madras High Court recently criticized the practice of taking “rubber stamp cognizance” by the District Judiciary. Asking District Judges to refrain from such practices, Justice Anand Venkatesh said that the practice had been deprecated by the Supreme Court and the high court in its previous judgments. The court also said that if the judges continued to make rubber stamp...
Madras High Court Allows Daily Pooja At Villupuram Temple Sealed Over Caste Conflict But Precludes Devotees' Entry
The Madras High Court has paved way for performing daily Pooja at the Villupuram Draupathiamman temple which was sealed in June last year following caste related conflicts. Noting that the temple has existed since centuries and not performing poojas will have an impact on the sentiments of the local villagers, Justice Anand Venkatesh directed the Joint Commissioner of the HR &...
Madras High Court Dismisses Plea Challenging Allotment Of Lotus Symbol To Bharatiya Janata Party
The Madras High Court on Wednesday dismissed a plea filed by founder of Ahimsa Socialist Party, T Ramesh seeking to cancel the allotment of Lotus symbol to the Bharatiya Janata Party. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy dismissed the plea and directed Ramesh to deposit Rs. 10,000, out of the 20,000 he had deposited as a pre-condition for...
10% of Demand Already Paid By Assessee, Madras High Court Allows Cooperative Bank's Writ Appeal By Waiving 10% Pre-Deposit
The Madras High Court has waived the condition of payment of a 10% pre-deposit as the 10% demand was already paid by the assessee.The bench of Justice R. Mahadevan and Justice Mohammed Shaffiq have observed that the single judge, while taking note of the financial hardship expressed by the assessee, modified CIT (TDS)'s order and permitted the assessee to deposit the amount in three...
Sankararaman Murder Case | Madras High Court Refuses To Interfere With Punishment Imposed On District Judge Who Held Conference Call With Accused
The Madras High Court recently refused to interfere with the removal of service of an Additional District Judge who was accused of engaging in a conference call with the accused in the Sankararaman murder case. Justice SM Subramaniam and Justice K Rajasekar observed that a Judicial Officer was expected to maintain a high level of integrity and in the present case, the charges against...
Assessing Officers Are Not Governed By Strict Rules Of Indian Evidence Act, 1872 In Case Of Assessment Proceedings: Madras High Court
The Madras High Court has held that assessing officers are not governed by the strict rules of the Indian Evidence Act, 1872.The bench of Justice C. Saravanan has observed that the assessment proceedings under the Income Tax Act, 1961, before an assessee officer are not judicial proceedings. It is a quasi-judicial proceeding before a quasi-judicial officer. The provisions of the Evidence...
Availment Of Lower ITC Than Amount Reflected In Auto-Populated GSTR 2A Return Is Clear Non-Application Of Mind, Madras High Court Quashes Assessment Order
The Madras High Court has quashed the assessment order and held that the petitioner availed of a lower amount as ITC than the amount reflected in the auto-populated GSTR 2A return. The petitioner wrongly availed of ITC, which indicates non-application of mind. The bench of Justice Senthilkumar Ramamoorthy has observed that, as regards the interest liability for belated filing of returns,...
Wilful Failure To Furnish Return As Per Sec 139(1) Is Only Criterion For Initiation Of Prosecution U/s 276CC: Madras High Court
The Madras High Court recently highlighted that provision of Section 278E of the Income tax Act brings in a statutory presumption regarding the existence of a culpable mental state. Accordingly, the High Court refused to interfere in the criminal proceedings and relegated the petitioner/ taxpayer to the trial, while stating that the onus is upon the petitioner to prove the...