Pendency Of Criminal Appeal Against Conviction In Schedule Offence Not Bar For Proceeding With PMLA Trial: Madras High Court

The Madras High Court recently observed that pendency of a criminal appeal against the conviction in a schedule offence is not a bar to proceed wit trial in the PMLA case. The court stressed that the schedule case and the PMLA case are distinct and different and thus the trial in money laundering case could not be postponed merely on the pendency of a criminal appeal in...

Criminal Accusation Doesn't Imply One Should Surrender All Comforts To Participate In Trial: Madras HC Grants Relief To Octogenarian Accused

The Madras High Court recently came to the aid of an octogenarian with Parkinsons disease by directing Special Court for CBI cases to frame charges in a case against him through video conferencing, as per Section 355 of the BNSS. Justice N Seshasayee observed that merely because a person was facing criminal accusations, it would not imply that he should surrender all his comforts...

Penetration With Male Organ Not Necessary To Constitute Rape, Penetration Could Be With Any Body Part, Object Or Even An Attempt: Madras HC

The Madras High Court recently reiterated that to constitute an offence of rape, penetration using the male organ is not necessary and any penetration using any body part or object or even an attempt to penetrate or manipulate a body part could be considered under rape. Justice K Murali Shankar observed that post the 2013 amendment to the criminal laws, the definition of rape had...

General Power Of Attorney Executed Jointly By More Than One Principal Doesn't Automatically Terminate On Death Of One Principal: Madras HC

The Madras High Court has ruled that when a general power of attorney is executed jointly by more than one principal, the death of one principal would not automatically terminate the agency. Asnwering a reference, the bench of Justice R Subramanian and Justice R Sakthivel held that the question of termination would depend upon the facts and circumstances of each case and would depend...

Madras High Court Expunges Critical Remarks Made Against Sr Advocate P Wilson, Says Action Has Been Taken To Stop Broadcast Of Video Of Hearing

The Madurai bench of Madras High Court has removed the critical remarks made against Senior Advocate P Wilson in its order dated September 26 when the latter pointed out a possible conflict of interest in a case. The bench of Justice R Subramanian and Justice Victoria Gowri ordered the registry to delete the remarks against the Senior Advocate after the counsel on record for the Tamil...

Plea In Madras High Court Seeks Probe Into Data Breach At Star Health Insurance

A plea has been filed in the Madras High Court raising concerns about the security breach of Star Health Insurance Limited. An interim injunction petition has also been filed to suspend the online operation of Star Health Insurance.When the matter was taken up by Justice Dhandapani on Monday, the judge said that he would hear the case on Thursday (17th October) and pass orders on whether...

Madras High Court Weekly Round-Up: October 6 - October 13, 2024

Citations: 2024 LiveLaw (Mad) 378 To 2024 LiveLaw (Mad) 384 NOMINAL INDEX TR Ramesh v The Commissioner, HR & CE and others, 2024 LiveLaw (Mad) 378 P Pappu v The Sub Registrar, 2024 LiveLaw (Mad) 379 S.Srinivasan v The Assistant Director, 2024 LiveLaw (Mad) 380 M/s. Aqua Excel v. The State Tax Officer (Adjudication), Office of Commercial Tax Officer, Tirunelveli, 2024...

Madras High Court Declines To Set Aside Show Cause Notice Issued To Musician Harris Jayaraj By GST Department

The Madras High Court has disposed of a petition filed by musician Harris Jayaraj challenging a show cause notice issued by the Directorate General of GST Intelligence (DCGI). Justice R Suresh Kumar and Justice C Saravanan observed that a co-ordinate bench of the High Court had already ruled that show cause notices could not be challenged and the aggrieved persons could...

Madras High Court Quarterly Digest: July - September, 2024 [Citations 266 - 370]

CITATIONS: 2024 LiveLaw (Mad) 266 to 2024 LiveLaw (Mad) 370 NOMINAL INDEX K Nizamuddin v The Chief Secretary to Government and Others, 2024 LiveLaw (Mad) 266 Balakrishna Reddy v State of Tamil Nadu and Others, 2024 LiveLaw (Mad) 267 Mr.P.N.Vignesh v The Chairman and Members of the Bar Council, BCI, 2024 LiveLaw (Mad) 268 M/s.Practo Technologies Pvt.Ltd v The Tamil...

Income Tax Assessee Who Failed To Avail Option To Request Personal Hearing Can't Claim That Personal Hearing Was Not Provided: Madras HC

The Madras High Court ruled that if an assessee does not take advantage of the opportunity to request a personal hearing from the department, they cannot later claim that they were denied a personal hearing. The Bench of Justice Krishnan Ramasamy observed that “……though the department has given liberty to the assessee to request for personal hearing, the assessee failed to...

Samsung India Workers Strike: Madras HC Closes Plea Against Arrest Of Workers After State Informs That They Have Been Let Off

The Madras High Court has closed a habeas corpus petition filed against the illegal arrest and detention of workers agitating at the Samsung India unit in Chennai. The bench of Justice PB Balaji and Justice G Arul Murugan closed the plea after noting the submissions of the Additional Public Prosecutor who informed the court that the arrested persons had already been let off on October...

Goods Shall Be Released Provisionally If Assessee Demonstrates Inclusion Of Transaction In GSTR-1 Return: Madras High Court

The Madras High Court stated that if the assessee is able to demonstrate that the transaction is included in the GSTR-1 Return, the goods shall be released provisionally. The Bench of Justice Mohammed Shaffiq directed the assessee to submit a copy of the GSTR-1 report, as it would reveal whether the subject transaction was disclosed as a zero-rated sale. Section 54 of the...