Madras High Court
Works Contract For Track Doubling & Infrastructure Under RVNL Is Liable To 12% GST: Madras High Court
The Madras High Court stated that the works contract for track doubling and infrastructure under RVNL is liable to 12% GST. Justice Mohammed Shaffiq stated that “it may be relevant to keep in mind that while exemption notifications must be strictly construed, it certainly would not mean that the scope of the exemption notification can be curtailed by importing conditions or giving...
Free Speech Cannot Be Stifled By Implicating Citizens In Criminal Cases, Dissent Can Be Expressed Under Article 19(1)(a): Madras High Court
While quashing a criminal case registered against AIADMK's C. Ve Shanmugam for his comments about the Chief Minister of Tamil Nadu, the Madras High Court underscored the right to freedom of speech and expression and the right to dissent. Justice GK Ilanthiraiyan noted that in a democracy, the opposition has a role to point out the failures of the government. The court added that...
One-Year LLM Program Approved By UGC, Valid For Getting Appointment In Public Departments Or Universities: Madras High Court
The Madras High Court recently observed that that the one-year LLM programme was approved by the UGC and could not be held to be invalid for getting appointed into public departments or Universities. The court thus asked the Teachers Recruitment Board to include the name of a woman whose name was withheld merely because she had done a one-year LLM course. Justice RN Manjula observed...
If Complaint Discloses Prima Facie Allegations, Malafide Intention Of Complainant Of No Consequence: Madras HC Denies Relief To Ma Subramanian
The Madras High Court recently refused to quash the charge sheet filed by the CB- CID against Health and Family Welfare Minister Ma Subramanian and his wife in a case of alleged land grabbing. Though Subramaniam had argued that the complaint was filed due to political motive, Justice P Velmurugan noted that there were prima facie materials to proceed with the trial. The court added...
High Court Asks Senior Advocate To Enquire Into Genuineness Of Exam Conducted By Madras University Upon Student's Plea
The Madras High Court has asked Senior Advocate AK Sriram to investigate the veracity of a student's claim that the Madras University had conducted an examination for the History of Communication subject on May 11, 2024. Justice N Mala asked the Senior Advocate to enquire into the veracity of the contention made by the Student regarding the conduct of the examination. The court also...
Madras High Court Asks Govt Advocate To Evaluate Criminology Paper Of Law Student, Doubts Transparency Of Ambedkar Law University
The Madras High Court on Wednesday directed Dr C Pratap, Government Advocate (Criminal Side), to evaluate the Criminology and Penology paper of a law student in his plea for revaluation. Doubtful of the transparency followed by the University in the evaluation process, Justice N Mala also asked Tamil Nadu Dr. Ambedkar Law University if the answer keys are provided for...
"Justice Hurried Is Justice Buried": Madras High Court Upholds Order Quashing Disciplinary Proceeding Conducted Within Two Weeks
The Madras High Court has dismissed an appeal filed by the General Manager & Reviewing Authority of the Canara Bank against an order of the single judge quashing the disciplinary proceedings against an employee. The bench of Justice GR Swaminathan and Justice P Vadamalai noted that while disciplinary proceedings usually take a few months to conclude, the disciplinary proceedings in...
“Unique Circumstances”: Madras High Court Asks Centre To Consider Citizenship Plea Of Woman Born To Srilankan Refugees In India
The Madras High Court has asked the Union Government to consider the citizenship application of a woman, born in 1987 to a Sri Lankan couple settled in India, without insisting she return to Sri Lanka and come back to India with a visa. Noting that it was a unique case, Justice Bharatha Chakravarthy held that though the applicant could be considered a foreigner, she had not entered...
When Grama Natham Land Is Occupied And Such Occupation Is Accepted By State, It Becomes Private Property; Not Encroachment: Madras HC
The Madras High Court has recently clarified that when a grama natham land (village house site) is occupied by an individual and such occupation has been recognized by the State through successive transfers, it becomes the private property of the occupant and such lands cannot be regarded as government lands. “Where the grama natham land is occupied and such occupation has...
When Rights Of Minority Institutions Are Threatened, Courts Must Interfere To Reaffirm Foundational Ideas Of Justice & Equality: Madras HC
While reiterating that the UGC norms for the selection of Assistant professors and the Principal do not apply to minority institutions, the Madras High Court recently emphasised the need to protect the rights of minority institutions. Justice Anand Venkatesh remarked that the Constitution had included provisions to safeguard the rights of the minority institutions, to protect the...
Does Your Police Not Conduct Searches? Madras High Court To TN Govt On Opposing ED Raid At TASMAC Headquarters
“Does your government and police not conduct searches?” the Madras High Court orally asked the Tamil Nadu government today while hearing its plea challenging the recent searches conducted by the Enforcement Directorate at the headquarters of Tamil Nadu State Marketing Corporation Ltd (TASMAC). The bench of Justice SM Subramaniam and Justice K Rajasekar posed the question to...
Sections 43B & 40A Income Tax Act | Which Provision Prevails When Both Commence With Non-Obstante Clause? Madras High Court Clarifies
The Madras High Court while referring sections 43B and 40A Income Tax Act explained which provision prevails when both commence with a non-obstante clause. The Division Bench of Justices Dr. Anita Sumanth and G. Arul Murugan stated that “the Rule that a general provision should yield to specific provision springs from the common understanding that when two directions are given...