Madras High Court
'Right To Protest Peacefully Significant Feature Of A Democratic Country':Madras High Court Quashes Proceedings Against Teachers
The Madras High Court recently underlined that right to protect peacefully without arms was guaranteed under Article 19 of the Constitution and was an integral part of a democratic country like India. The court added that right to protest was an integral part of speech and inherent facet of right to live guaranteed under Article 21 of the Constitution. Justice L Victoria Gowri also...
Madras High Court Sets Aside Conviction Of Former MP TM Selvaganapathy In Cremation Shed Scam
The Madras High Court has set aside the conviction of former Rajya Sabha MP T M Selvaganapathy in the cremation shed scam.Justice G Jayachandran acquitted Selvaganapathy and set aside the sentence of two years imprisonment imposed by a special court for CBI cases in 2014. Selvaganapathy had lost his Rajya Sabha membership following the conviction.The CBI court had sentenced Mr....
BREAKING | Madras High Court Stays ED Summons To District Collectors In Sand Mining Money Laundering Case
The Madras High Court has stayed the operation of the summons issued by the Enforcement Directorate to the district collectors in sand mining money laundering case. The court has however allowed the investigation to go on.The division bench of Justice SS Sundar and Justice Sunder Mohan passed the interim orders in a batch of pleas challenging the summons issued by the Enforcement Directorate...
TN Advocate General Constitutes ICC To Deal With Sexual Harassment Complaints Against Law Officers Of Madras High Court
The Advocate General of Tamil Nadu has constituted an Internal Complaints Committee to deal with sexual harassment complaints against law officers of the Madras High Court.In his order, AG R Shunmugasundaram said that he received a complaint of sexual harassment from a lawyer against a Senior Law Officer of the Madras High Court after which the ICC was constituted as contemplated under Section...
ED Can't Summon District Collectors, Argues Tamil Nadu Govt; Madras High Court To Pass Order Tomorrow
Challenging the summons issued by the Enforcement Directorate to District Collectors in Tamil Nadu in an alleged sand mining money laundering case, Senior Advocate Dushyant Dave argued that the ED could not issue summons to the officers under the Act and if any assistance of the officers was required, the ED could have requested the officers instead.“The Parliament has not given them...
Trade Unions Are Essential Like A Strong Opposition Party In A Democracy: Madras HC Rules Against Outsourcing Recruitment Of Drivers, Conductors
The Madras High Court recently stressed on the importance of Trade unions and observed that unions were as important as a strong opposition in a democratic set up. “Unions are always looked upon with contempt as if they exist to hamper smooth functioning. But it is untrue. It is essential to have Union like a strong opposition party in a democratic set up. The conscience of...
Person In Unauthorised Occupation Of Land Cannot Claim Protection Under Article 19, 21 If Eviction As Per Law: Madras High Court
While dismissing a challenge made to the Tamil Nadu Land Encroachment Act, the Madras High Court observed that a person unauthorisedly occupying a land cannot claim protection under Article 21 of the Constitution when the eviction proceedings were as per law. “Even otherwise, a person in unauthorised occupation cannot claim protection of Article 21 of the Constitution of India....
Tax Payable After Credit Of Prepaid Taxes Is Less Than Rs.3,000, Prosecution Not Sustainable; Madras High Court
The Madras High Court has held that prosecution under Section 276CC of the Income Tax Act is not sustainable as the tax payable after crediting prepaid taxes was less than the prescribed sum of Rs. 3,000.The bench of Justice G.K. Ilanthiraiyan has observed that proviso (ii)(b) to Section 276CC takes care of genuine assessees who either file the returns belatedly but within the end of...
Tamil Nadu Govt Moves High Court Against ED Summons To District Collectors In Sand Mining Money Laundering Case
The State of Tamil Nadu has moved the Madras High Court challenging the summons issued by the Enforcement Directorate to District Collectors in Tamil Nadu in connection with the sand mining money laundering case. Though Advocate Genral R Shunmughasumdaram mentioned the matter before the bench of Justice SS Sundar and Justice Sunder Mohan, the bench said it’ll take up the matter...
Section 245C(5) Of Income Tax Act Is Read Down By Removing Retrospective Last Date Of 1st Feb 21 As 31st March 21: Madras High Court
The Madras High Court has held that Section 245C(5) of the Income Tax Act, 1961 (as amended by the Finance Act, 2021) is read down by removing the retrospective last date of the 1st February 2021, as the 31st March 2021.The bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy has observed that the Finance Act, 2021, was retrospective in nature. Those who have had...
POCSO Act | When Procedural Lapses Do Not Cause Any Dent In Prosecution, Trial Will Not Be Vitiated: Madras High Court
The Madras High Court recently observed that the procedural safeguards regarding recording of statement during investigation and trial provided under the Prevention of Children from Sexual Offences (POCSO) Act, Juvenile Justice (JJ) Act and the CrPC are meant to ensure a child-friendly atmosphere for the victim child and when procedural lapses do not impact the prosecution case,...
Sanatana Dharma Row| Madras High Court Concludes Arguments On Pleas Questioning Continuation Of Ministers In Public Office
The Madras High Court on Thursday concluded arguments on the quo warranto petitions seeking to show under what authority Sports Minister Udayanidhi Stalin, HRCE Minister Sekar Babu, and MP A. Raja are continuing to hold public office in light of their recent remarks on 'Sanatana Dharma'.Justice Anita Sumanth directed the counsels to submit the written submissions within a week.On Friday,...