Madras High Court Refuses To Set Aside ED's Show Cause Notice To DMK MP S. Jagathrakshakan Over FEMA Violations

The Madras High Court recently dismissed a plea by DMK MP S. Jagathrakshakan challenging the proceedings initiated against him and his family under the Foreign Exchange Management Act, 1999 ("FEMA"). Justice N Seshasayee observed that the objections raised by Jagathrakshakan could not be considered at the present stage, and allowed taking of all the defenses before the...

Madras High Court Rejects VK Sasikala's Plea Against Removal From Post Of AIADMK General Secretary

The Madras High Court on Thursday rejected an appeal preferred by VK Sasikala against an order upholding her removal as AIADMK General Secretary. Justice R Subramanian and Justice N Senthilkumar rejected Sasikala's appeal to be recognised as the interim General Secretary of the party. Sasikala was appointed as the interim General Secretary of the party in December 2016, after the...

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court

The Madras High Court recently observed that the orders passed under Section 194 of the Code of Criminal Procedure are purely administrative in nature and cannot be challenged unless they are apparently illegal and passed without any application of mind. Justice G Ilangovan of the Madurai bench dismissed a plea preferred by an accused seeking for transfer of his trial from one court...

Tamil Nadu A Pioneer In Implementing Welfare Measures For Third Gender Persons: State Tells High Court In Plea To Implement NALSA Judgement

The Government of Tamil Nadu recently informed the Madras High Court of the various schemes implemented in the State in compliance with the judgment of the Apex Court in National Legal Services Authority vs. Union of India. The submissions were made before the bench of Chief Justice SV Gangapurwala and Justice KK Ramakrishnan in response to a plea seeking the authorities to implement...

Madras High Court Monthly Digest - November 2023

Citations: 2023 LiveLaw (Mad) 335 To 2023 LiveLaw (Mad) 374 NOMINAL INDEX ML Ravi v The Secretary and Others, 2023 LiveLaw (Mad) 335 Capt.Dr.VRC.Pandiyan v The Chairman and Managing Director, 2023 LiveLaw (Mad) 336 BR Aravindakshan v The Chief Secretary and Others, 2023 LiveLaw (Mad) 337 Magesh Karthikeyan v The Commissioner of Police, 2023 LiveLaw (Mad) 338 Ramar v...

When Special Rules Have Granted Age Relaxation To SC/ST Candidates, Further Relaxation Under General Rules Impermissible: Madras High Court

The Madras High Court recently observed that when special rules for recruitment to a particular post, had already granted a five-year age relaxation to candidates belonging to the Scheduled Caste/Scheduled Tribe, further relaxation under the General rules was impermissible.The Court was seized of appeals by the State, challenging an order of a single bench which had set aside the...

Treat Sri Lankan Repatriate As Citizen, Extend Consequential Benefits: Madras High Court Urges India To Acknowledge Treaties With Sri Lanka

The Madras High Court has recently directed the Union and State Governments to treat a Sri Lankan repatriate man and his family as Indian Citizens and to grant them all reliefs as announced by the Government of Tamil Nadu for Sri Lankan repatriates. Justice GR Swaminathan of the Madurai bench was hearing the plea of a man, T Ganesan, who came to India 33 years ago, seeking confirmation...

'No Locus For Complainant': Madras High Court Stays Proceedings In Defamation Case Against BJP State Head K. Annamalai

The Madras High Court has recently stayed all further proceedings against Tamil Nadu BJP Head K Annamalai in the defamation case filed by one V Piyush. Justice G Jayachandran observed that prima facie, a case had been made out to quash the defamation complaint, as Piyush failed to establish his locus standi. “Since prima facie case is made out to quash the complaint which on the...

[Service Jurisprudence] When Two Views Regarding Punishment Or Penalty Are Possible, View Favouring Employee Must Be Adopted: Madras High Court

The Madras High Court has recently observed that in service jurisprudence when two interpretations could be given to rules relating to penalty and punishment, the one favourable to the employee should be given effect. In allowing the plea by directing an enhancement in the petitioner's retirement benefits, Justice RN Manjula observed that since service jurisprudence was similar...

Review Cannot Be Disguised Appeal: Madras High Court Dismisses Man’s Plea Against Order Upholding Construction Of Mosque Near Temple

Upholding the tenets of religious harmony in India, the Madras High Court recently dismissed a man’s review petition against an earlier decision which dismissed his plea challenging the construction of a mosque near a temple. Noting that no new grounds were set up in the review, the bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy observed that an appeal...

Assessee Disclosed Sale Of Agricultural Land In ROI During Scrutiny Assessment: Madras High Court Quashes Reassessment Initiated Beyond 4 Years

The Madras High Court has quashed the reassessment proceedings as the petitioner had disclosed the information with regard to the sale of agricultural land, and all the particulars with regard to the sale of agricultural land were disclosed before the Assessing Officer in full extent.The bench of Justice Krishnan Ramasamy has observed that there is no failure on the part of the petitioner...

Law Must Be Potent Enough To Operate Against People In Power, Having Higher Connections: Madras High Court

While dealing with a case relating to illegal quarrying, the Madras High Court recently remarked that law must be potent enough to deal with people in power and those having higher connections. Justice N Anand Venkatesh observed that law was not only meant to be used against ordinary citizens but against the powerful also, whenever they committed any illegal act. The court added...