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...

Sanatana Dharma Row | BJP IT Chief Amit Malviya Moves Madras High Court To Quash FIR For Allegedly Distorting Udayanidhi Stalin’s Remarks

The National Convenor of Bharathiya Janata Party’s IT Cell, Amit Malviya has approached the Madras High Court seeking to quash the FIR registered against him for allegedly distorting the remarks made by Tamil Nadu Youth Welfare and Sports Development Minister Udayanidhi Stalin in the Sanatana Dharma row. Justice G Ilangovan of the Madurai bench has issued a notice to the police...

Madras High Court Grants Anticipatory Bail To Students Booked For Violence In School, Asks Them To Make Hand-Written Notes On Non-Violence

While granting anticipatory bail to a group of students, the Madras High Court directed them to clean the classrooms for a week and to prepare handwritten notes on non-violence from the excerpts of Mahatma Gandhi, educational schemes promoted by former Chief Minister K Kamraj and dream and vision of Dr. Abdul Kalam. Justice RMT Teeka Raman specifically directed the students to not...

Madras High Court Sets Aside Conviction Of Major General For Alleged Corruption In Supplies For Indian Peace Keeping Force At Srilanka In 1987

The Madras High Court has set aside the conviction of Major General AK Gupta for allegedly procuring supply/ration items during “Operation Pawan” of Indian Peace Keeping Force (IPKF) troops in Srilanka in 1987, in violation of the prescribed procedures, rules, and regulations and thus causing heavy loss to the State. Justice G Jayachandran observed that the Investigating officer...

SC/ST/OBC Reservation Does Not Apply To Minority Educational Institution, But Intake Of Minority Students Cannot Exceed 50%: Madras High Court

The Madras High Court recently observed that the policy of reservation for the Scheduled Castes, Scheduled Tribes, and Other Backward Classes cannot be implemented in Minority educational institutions. The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu relied on the precedents laid down by the Supreme Court and reiterated that the exclusion of Minority...

Employee’s Suspension Cannot Extend Endelssly Without Disciplinary Proceedings Merely Due To Pendency Of Criminal Case: Madras High Court

The Madras High Court has recently observed that in cases where employees were suspended from service in connection with a crime, the suspension cannot continue endlessly without initiating disciplinary proceedings merely due to pendency of criminal case. The bench of Justice R Suresh Kumar and Justice K Kumaresh Babu observed that the employers could not continuously take a stand that...

Madras High Court Weekly Round-Up: September 25 to October 1, 2023

Citations: 2023 LiveLaw (Mad) 278 To 2023 LiveLaw (Mad) 295 NOMINAL INDEX S Zahir Hussain v The State and Others, 2023 LiveLaw (Mad) 278 C Raja v State and Others, 2023 LiveLaw (Mad) 279 Arulmigu Kalasalingam College of Education v The Appeal Committee, 2023 LiveLaw (Mad) 280 H Kalyan Singh vs. Dr Nirmalkathri and others, 2023 LiveLaw (Mad) 281 M/s. Hotel Saravana...

Madras High Court Grants Injunction In Favour Of Sangeetha Hotels, Restrains Former Franchisee From Using “Geetham” And Similar Marks

The Madras High Court has recently granted an ad-interim injunction in favour of Sangeetha Hotel chain, thus restraining its former franchisee from using marks like 'GEETHAM', 'GEETHAM VEG' , 'SANGEETHAM', or any GEETHAM or SANGEETHA formative marks or such similar marks. Allowing an application filed by Sangeetha, Justice PT Asha observed that a prima facie case was made out and...