Madras High Court Family Law Digest 2023

Parents In Matrimonial Disputes Not Filing Applications For Minor Children's Maintenance, Duty Of Courts To Protect Their Interest: Madras High Court Case Title: P Geetha v. V. Kirubaharan Citation: 2023 LiveLaw (Mad) 2 While allowing a petition filed by a woman for transfer of a divorce petition from Poonamalle to Tiruchirappalli, the Madras High Court said parents are duty bound...

Income Tax Act | Penalty U/S 271E Cannot Be Levied On Repayment Of Loan In Absence Of Cash Transaction: Madras HC

While observing that transaction pertaining to loan between two concerns wherein the liability of borrower stood reduced in the books of accounts to an extent of payment made to clear the liability of assessee appears to be in accordance with law, the Madras High Court ruled that penalty under Section 271E of Income tax Act, 1961 cannot be levied on repayment of loan in absence of...

Trial Judges Adjourning Cases At Counsel's Request To Earn Good Name In Bar, Not Following Supreme Court Guidelines: Madras High Court

The Madras High Court recently observed that the trial courts were not following the guidelines issued by the Supreme Court in 2014-2016 dealing with witness examination. The court remarked that some trial judges were not following the guidelines laid down by the Supreme Court but were adjourning cases at the request of the counsels appearing for the accused to earn a good name at...

Madras High Court Criminal Law Digest 2023

CRIMINAL LAW Madras High Court Quashes Conditions Imposed By Police Against Oratory Competition On Prabhakaran's Birth Anniversary, Permits Speeches Eulogising LTTE Leader Case Title: Pugazendhi Thangaraj v. Inspector of Police Citation: 2023 LiveLaw (Mad) 18 The Madras High Court has allowed a petition filed by director Pugazendhi Thangaraj and relaxed the conditions...

“Need Of The Hour”: Madras High Court Upholds Amendment Bringing Chairman, Members Of PSC Under Purview Of State Vigilance Commission & DVAC

The Madras High Court recently upheld an amendment to the Tamil Nadu Public Service Commission Regulation 1954, bringing the Chairman and Members of the Tamil Nadu Public Service Commission (TNPSC) under the purview of the State Vigilance Commission and Director of Vigilance and Anti-Corruption with effect from August 9, 2011. The bench of Chief Justice SV Gangapurwala and...

“Even Prisoner Who Committed Heinous Crime Entitled To Be Treated As Human”: Madras HC Allows Convicts To Attend Mother's Death Ceremony

Granting leave to two convicts who were accused in an NDPS case, the Madras High Court recently observed that even prisoners who had committed heinous crimes were entitled to be treated as human beings which was a right guaranteed under Article 21 of the Constitution. Justice J Nisha Banu and Justice KK Ramakrishnan noted that rules regarding ordinary leave to prisoners were meant...

Madras High Court Orders YouTuber To Pay 50 Lakh Compensation To Transgender Politician Apsara Reddy For Defamation

The Madras High Court recently ordered YouTuber Joe Micheal Praveen to pay Rs 50 Lakh compensation to Apsara Reddy, a transperson, politician and journalist. Justice N Sathish Kumar observed that the statements made by Praveen were derogatory and nothing but humiliation to Reddy. The court noted that because of the defamatory statements, some programs in which Reddy was supposed to...

Senior Advocate PS Raman Appointed New Advocate General Of Tamil Nadu

Senior Advocate PS Raman has been appointed as the Advocate General of Tamil Nadu.A notification issued by Chief Secretary Shiv Das Meena on 12th January 2024 read as under:"In exercice of powers conferred by Article 165(1) of the Constitution of India, the Governor of Tamil Nadu hereby appoints Thiru PS Raman, Senior Advocate as the Advocate General for the State of Tamil Nadu from the date...

Gen Z Grappling With Porn Addiction, Must Be Counselled Out Of It: Madras High Court

While dealing with a case involving child pornography, the Madras High Court recently observed that there is a growing addiction among teenagers to watch porn photos/videos, given their easily availability on electronic gadgets. Justice Anand Venkatesh observed that children in Generation Z are grappling with this issue and suggested that the society should, instead of damning them,...

Merely Watching Child Pornography Not An Offence Under POCSO Act Or Section 67B Information Technology Act: Madras High Court

Setting aside the criminal proceedings initiated against a man, the Madras High Court recently observed that watching child pornographic videos will itself not attract offences under the Protection of Children from Sexual Offences (POCSO) Act. Justice Anand Venkatesh noted that to attract the offences under the POCSO Act, a child or children must have been used for pornography...

Disputed Question Of Fact Cannot Be Adjudicated On In A Writ Petition: Madras High Court Declines To Interfere With Election Of MPs/MLAs

The Madras High Court recently refused to interfere with the election of some MPs and MLAs noting that the issue involved disputed questions of fact which could not be looked into in a writ petition. Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy were hearing a plea by ML Ravi to declare the election of some MPs and MLAs as null and void and declare the...

Madras High Court Refuses To Interfere With Interim Order Restraining O Panneerselvam From Using AIADMK Party Name, Flag, Symbol

A Division bench of the Madras High Court has refused to interfere with an interim order of a single judge restraining former Tamil Nadu Chief Minister and expelled AIADMK leader O Paneerselvam from using the party's name, flag, symbol, and letterhead. The bench of Justice R Mahadevan and Justice Mohammed Shaffiq observed that there were no grounds to interfere with the order of the...