Madras High Court
Magistrate Cannot Peruse Veracity Of Witnesses While Taking Cognisance Of Complaint Under Section 200 CrPC: Madras High Court
The Madras High Court recently observed that while taking cognisance of a complaint under Section 200 CrPC, the Magistrate could not look into the veracity of the witnesses. The court added that at the cognisance stage, the Magistrate could only check whether prima facie materials were available to constitute an offence or not. Justice P Dhanabal of the Madurai bench relied on...
Police Had Nothing To Do With Cancellation Of Leo Audio Launch, False Narrative Being Spread: TN Govt To Madras HC
The State Public Prosecutor Hasan Mohammad Jinnah, on Friday, informed the Madras High Court that the police had nothing to do with the cancellation of the audio launch of the upcoming Vijay starrer movie Leo. He added that malicious propaganda was being spread as if the state was against the fans of the star.The submissions were made before Justice G Jayachandran in response to the remarks...
[Section 220 Income Tax Act] Cannot Escape Payment Of Interest Merely Due To Wrong PAN Number In Order: Madras High Court
The Madras High Court recently observed that PAN particulars are only one of the modes to identify an individual and merely because a wrong PAN number was given in the order by the Adjudicating officer of SEBI, a person could not escape payment of interest. Justice N Seshasayee observed that when the penalty itself was paid, the petitioner could not escape payment of interest...
Madras High Court Asks Former AIADMK MLA If He Will Publicly Apologise For Remarks Against CM Stalin, State Minister Udayanidhi
The Madras High Court has asked former AIADMK MLA R Kumaraguru whether he is willing to convene a public meeting and apologize to Chief Minister Stalin and Minister Udayanidhi Stalin. Kumaraguru had approached the High Court seeking anticipatory bail after a case was registered against him for allegedly making defamatory and derogatory statements against the Chief Minister and...
Santana Dharma Row: Plea In Madras High Court Says Udayanidhi Stalin, Sekar Babu And A Raja Violated Oath, Questions Authority To Hold Office
Three petitions have been filed in the Madras High Court in the nature of Quo Warranto seeking to show under what authority Sports Minister Udayanidhi Stalin, HRCW 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 has directed the petitioners to submit proof of their claims by...
Madras High Court Asks YouTuber To Pay 7 Lakh As Damages For Making Defamatory Video On “Gold Winner” Oil
The Madras High Court has directed YouTuber Akshay A, who own the channel “DiCapScoop”, to pay Rs. 7 Lakh as damages to Kaleeshwari Refinery Private Limited, makers of “Gold Winner” oil. Justice RN Manjula made the order in a plea moved by the company saying that Akshay had misled his viewers in a recent video where he claimed that one litre 'Gold Winner' oil is selling 300 ml...
Madras High Court Denies Bail To YouTuber TTF Vasan Arrested For Rash Driving, Says He Must Learn A Lesson
The Madras High Court has denied bail to YouTuber and biker TTF Vasan who was arrested in September this year for rash driving after he was injured while performing a "wheelie" in the Chennai-Bengaluru highway.Justice CV Karthikeyan noted that the youtuber, who has around 4.5 million followers should learn a lesson. The court took note of the Additional Public Prosecutor's submission that...
Madras High Court Allows Company To File Statutory Appeal After Limitation Period Noting That It Could Not Check GST Portal Due To Lack Of Employees
The Madras High court recently allowed a company to file a Statutory Appeal against the Assessment Order passed by the Assistant Commissioner (ST) (FAC) even though the limitation period to file an appeal had expired after noting that the company failed to access the notice in the GST portal. Justice C Saravanan observed that though the Supreme Court has held that orders could not...
Contempt Power Not Shield To Choke Citizen’s Voice: Madras High Court Quashes AG's Consent For Action Against S. Gurumurthy
The Madras High Court has observed that in a democracy driven by free speech, the courts cannot insulate themselves from criticism and cannot use their contempt power as a "shield to choke the voice of citizens". “In a democracy driven by free speech, the Court cannot seek the comfort of the cocoon or aim to insulate itself from criticisms, just or otherwise. Contempt power is not a...
MSEF Council’s Order Without Following Due Procedure Can’t Be Termed As Award: Madras High Court
The High Court of Madras has held that an order passed by the MSEF Council without issuing notice of arbitration, opportunity to parties file their pleadings and recording evidence as per the provisions of A&C Act cannot be termed as award. The bench of Justice S. Sounthar held that since such an order is not an award, it need not be challenged under Section 34 of the A&C Act...
Madras High Court Monthly Digest - September 2023
Citations: 2023 LiveLaw (Mad) 249 To 2023 LiveLaw (Mad) 295 NOMINAL INDEX Murugan N v Secretary and Others, 2023 LiveLaw (Mad) 249 Tmt M Nithya v The Head Master and Others, 2023 LiveLaw (Mad) 250 Zee Media Corporation Limited v Mahendra Singh Dhoni, 2023 LiveLaw (Mad) 251 V Senthil Balaji v Deputy Director, Director of Enforcement, 2023 LiveLaw (Mad) 252 Mohammed...
Madras High Court Closes PIL Alleging Exorbitant Pricing At Chepauk Stadium, Cites SC Judgment Permitting Levy Of Service Charge Above MRP
The Madras High Court recently disposed of a Public Interest Litigation alleging that the authorities of the MA Chidambaram Stadium, commonly known as the Chepauk Stadium, overcharged people during the India-Australia One Day International Match on March 22. Chief Justice SV Gangapurwala and Justice PD Audikesavalu observed that though the petitioner had claimed that food items...