“How Can He Continue As Minister Despite Being Under Arrest For More Than 230 Days?”: Madras HC Asks While Hearing Senthil Balaji's Bail Plea

The Madras High Court on Tuesday asked how Senthil Balaji could continue as a Minister in the state despite being arrested and being in custody for the past 230 days. The court also commented that Balaji's continuation as Minister did not augur well. Justice Anand Venkatesh made the above comments while hearing the bail plea filed by arrested Tamil Nadu Minister V Senthil...

Palani Temple Not A Picnic Spot, Cannot Allow Entry Of Non-Hindus Beyond Flagpole: Madras High Court

While directing the state government to install boards indicating that non-Hindus are not permitted entry into the Palani temple beyond the flag pole situated at the entrance of the temple, the Madras High Court today emphasized that temples are not covered under Article 15 of the Constitution and hence restriction of entry for non-Hindus could not be said to be improper. The...

Tamil Nadu's Gender & Sexual Minority (LGBTQ+) Policy A Testament To State's Commitment To Inclusivity & Empowerment: Madras High Court

The Madras High Court on Monday commended the Tamil Nadu government's efforts to bring out a policy- the Tamil Nadu Gender and Sexual Minority (LGBTQ+) Policy, for the welfare of the LGBTQ+ community. Justice Anand Venkatesh added that the policy was a testament to the state's continued commitment to inclusivity and empowerment. The court added that the policy had brought a...

[Missing Court Documents] Madras HC Refuses To Interfere With Disciplinary Authority's Order Against Head Clerk, Calls It Grave Misconduct

The Madras High Court recently refused to quash the punishment imposed on the Head Clerk of the Principal District Munsif Court, Srivilliputhur in connection with the missing of two plaints and pro-notes in plaints. The bench of Justice D Krishnakumar and Justice R Vijayakumar held that the order of imposing a punishment of stoppage of two increments with cumulative effect was not in...

S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court

The Madras High Court has recently held that the reckoning date for calculating the limitation period under Section 469 of CrPC would be from the date of filing of the final report and not the date of registration of FIR. Justice Anand Venkatesh noted that in a case emanating from the FIR, cognizance is taken by the Magistrate upon the filing of the final report. The court added that...

Madras High Court Weekly Round-Up: January 22 - January 28, 2024

Citations: 2024 LiveLaw (Mad) 33 To 2024 LiveLaw (Mad) 44 NOMINAL INDEX R Sasikala Devi v The AAO/ Assistance Secretary and others, 2024 LiveLaw (Mad) 33 L Ganapathy v The Assistant Commissioner of Police, 2024 LiveLaw (Mad) 34 CA V Venkata Sivakumar v The Insolvency and Bankruptcy Board of India (IBBI) and Others, 2024 LiveLaw (Mad) 35 R. Ochappan vs. Keerthana,...

S. 148 NI Act | Don't Impose Condition Of Deposit Of Minimum 20% Compensation/ Fine Amount 'Mechanically': Madras HC To District Courts

The Madras High Court has directed the District Courts across the State of Tamil Nadu to not mechanically impose a condition of deposit of 20% of the compensation amount/cheque amount u/s.148 of the Negotiable Instruments Act.For context, in an appeal against conviction for dishonour of cheque under Section 138 NI Act, the appellate court, as per Section 148 NI Act, has the power to...

Assessee Failed To Cure Defects As Documents Were In The Custody Of Central GST Authority: Madras High Court Quashes Assessment Order

The Madras High Court has quashed the assessment order and held that the defect was not cured due to the availability of records in the custody of the central GST authority.The bench of Justice Senthilkumar Ramamoorthy has observed that a composite order of assessment was issued with regard to four defects, and the documents on record disclose that the non-availability of records, on account...

IGST Refund Claim May Be Made Before Expiry Of 2 Years From Date Of Export Of Goods: Madras High Court

The Madras High Court has held that an IGST refund claim may be made before the expiry of two years from the relevant date. The relevant date is required to be computed from the date of export of the goods concerned by any mode.The bench of Justice Senthilkumar Ramamoorthy has observed that since the refund claim pertains to exports made between July 2017 and November 2017 and the...

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences (POCSO) Act. “In...

Take Steps To Ensure Upcoming Bus Stands Are Disabled Friendly: Madras High Court To CMDA

The Madras High recently directed the Chennai Metropolitan Development Authority to ensure that the upcoming bus terminals in Koothambakkam, Venpakkam, Varadarajapuram and Mamallapuram are constructed by duly complying with the Harmonized Guidelines and Standards for Universal Accessibility in India, 2021. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy...

Madras High Court Directs DMK MLA's Son & Daughter-In-Law To Appear Before Special Court In Case Over Domestic Help's Assault

The Madras High Court on Wednesday directed DMK MLA E. Karunanithi's son and daughter-in-law to appear before the Principal District and Sessions Judge, Chennai (Special Judge for SC/ST cases). The duo have been accused of allegedly beating and verbally abusing their 18-year-old house help, belonging to the scheduled caste community. As per the latest reports, the couple have now...