'Can You Withhold Entire Office & Staff Under Your Control?' : Madras High Court Orally Asks ED To Halt Probe Against TASMAC Till March 25

The Madras High Court on Thursday (March 20) orally asked the Enforcement Directorate not to proceed with its investigation against the Tamil Nadu State Marketing Corporation (TASMAC) in an alleged money laundering case till the next date of hearing. A division bench of Justice MS Ramesh and Justice N Senthilkumar directed the ED to file a counter to the petition filed by TASMAC challenging the recent searches by the agency conducted at the latter's headquarters. In the meantime, the...

Tamil Nadu Government Moves Madras High Court Against ED'S TASMAC Search, Says ED Conducting Roving Enquiry

The Tamil Nadu government and the Tamil Nadu State Marketing Corporation (TASMAC) approached the Madras High Court against the searches conducted by the Enforcement Directorate at TASMAC's headquarters and other outlets between March 6 and March 8. The petitions have been listed before the bench of Justice MS Ramesh and Justice N Senthilkumar. The State is seeking for a declaration that ED's power to investigate into an offence of money laundering arising out of and within the...

Wife Watching Porn, Engaging In Self Pleasure Not By Itself Cruelty On Husband, Woman Retains Her Individuality Even After Marriage: Madras High Court

Wife Watching Porn Privately Not Cruelty By Itself, Right To Spousal Privacy Includes Various Aspects Of Woman's Sexual Autonomy: Madras HC

Love & Affection 'Implied Condition' When Senior Citizen Transfers Property, Doesn't Need Express Mention In Settlement Deed: Madras HC

The Madras High Court has recently observed that under the Senior Citizens Act, love and affection is an implied condition under Section 23(1) of the Act and it is not necessary to have an explicit mention of the same in the settlement deed. The bench of Justice SM Subramaniam and Justice K Rajasekaran noted that the Act was meant to safeguard the security and dignity of the senior citizen. The court noted that when a senior citizen made a transfer of property, it was not just a legal ...

Notification Cannot Be Given Retrospective Effect To Deny Refund On Unutilised ITC Claimed Within Limitation Period: Madras HC Allows Gillette's Plea

Finding that the refund claim was filed within two years from the “relevant date” as defined in Explanation 2(a) to Section 54(14) of CGST Act , the Madras High Court recently clarified that a refund claim cannot be denied on the basis of retrospective operation of the Proviso to Rule 90(3) pf the CGST Rules.The High Court clarified this upon finding that the refund claims filed in the...

"Would Change Rules Of Game": Madras HC Rejects Plea By Disabled Candidate Who Failed To Sign Answer Sheet Of Civil Services Exam

The Madras High Court recently refused to grant relief to a candidate with 60% locomotive disability who had failed to sign his answer sheet while attending the Combined Civil Services Examination-IV (Group-IV Services) examination conducted by the Tamil Nadu Public Service Commission. Justice CV Karthikeyan observed that the commission had provided clear instructions to...

Upper Age Limit For Women To Avail ART Services Rational, Difficult For Mother To Support Child During Her Elderly Years: Madras High Court

Justifying the upper age limit prescribed for women under the provisions of the Assisted Reproductive Technology (Regulation) Act 2021, the Madras High Court recently observed that a woman who uses ART services for begetting a child is duty-bound to take care of the child till he/she attains majority. The court thus held that the woman must be biologically and financially capable...

Madras High Court Rejects NTK Chief Seeman's Plea To Club All FIRs Over His Alleged Comments On Periyar, Says Plea Seeks Omnibus Relief

The Madras High Court has dismissed a plea seeking to club all FIRs registered against Naam Tamilar Katchi party chief Seeman for his alleged comments against Periyar. Justice GK Ilanthiraiyan dismissed the plea after observing that the plea sought an omnibus relief without mentioning the details of the FIRs registered against Seeman, without impleading the police stations where the...

Time Is Precious, Courts Should Be Slow To Ignore Delay When Action Is Time-Barred: Madras High Court

The Madras High Court has stressed that courts should be slow to ignore delay once the limitation period for a particular suit expires and the action becomes time-barred. Justice Shamim Ahmed observed that the statute relating to limitation determines the life span of a legal remedy and as time passes, newer causes would come up necessitating newer persons to seek legal remedy....

Madras HC Rejects Plea Challenging Constitutional Validity Of S.13 Family Courts Act Which Restricts Representation Of Party By Lawyer

The Madras High Court recently dismissed a petition challenging the constitutional validity of Section 13 of the Family Courts Act. Section 13 states that no party to a suit or proceeding shall be entitled to be represented by a legal practitioner as a right. The bench of Justice SM Subramaniam and Justice K Rajasekaran dismissed the plea noting that no further adjudication was...

Madras High Court Weekly Round-Up: March 10 to March 16, 2025

Citations: 2025 LiveLaw (Mad) 96 To 2025 LiveLaw (Mad) 106 NOMINAL INDEX Kamalesh Chandrasekaran v. MA Noor Jehan Beevi and Others, 2025 LiveLaw (Mad) 96S Shankar v. The Deputy Director, 2025 LiveLaw (Mad) 97United India Insurance v. State of Tamil Nadu and Others, 2025 LiveLaw (Mad) 98A Devika v. The Senior Branch Manager and Another, 2025 LiveLaw (Mad) 99M. Gunasekaran v. The...

'Big Racket For Bogus Community Certificates In Tamil Nadu' : Madras High Court Asks State To Take Action

The Madras High Court has asked the Government of Tamil Nadu to initiate all appropriate actions to ensure that the issuance of bogus community certificates is stopped in the state, and action has to be taken to prosecute those who are involved in securing such bogus community certificates. Noting that there was a big racket going on in the State, the bench of Justice SM Subramaniam...

Unnecessarily Subjecting Child To Medical Exam Will Cause More Mental Stress: Madras HC Asks Hospitals To Examine Victims Based On Complaint In POCSO Cases

Noticing the routine manner in which every child in a case under the Protection of Children from Sexual Offences Act (POCSO) was being subjected to medical examination mechanically, the Madras High Court has asked the doctors and hospitals to conduct medical examinations based on the nature of the complaint. A special bench of Justice N Anand Venkatesh and Justice Sunder Mohan, which...

Madras High Court Declines To Interfere With Conviction And Sentence Of MLA In Case Involving Receipt Of Foreign Funds

The Madras High Court has dismissed a revision petition filed against the conviction of MLA MH Jawaharulla and other members of the Tamilnadu Muslim Munnetra Kazhagam (TMMK) in a case involving the receipt of foreign funds. The court thus confirmed the conviction and sentence imposed on Jawaharulla. Justice P Velmurugan, however, directed the Central Bureau of Investigation (CBI) not...

Legal Heirship Certificate Can Be Issued Based On Affidavit Of Applicant & Persons Known To Family Like Neighbours And Relatives: Madras HC

The Madras High Court has recently observed that while applying for a legal heirship certificate, if no proof is available to determine who the legal heirs are, the authorities may prepare a report based on the affidavit given by the applicant and five affidavits of persons knowing the family, like a neighbour or a relative. Justice Bharatha Chakravarthy observed that when there is...

State Minority Commission Cannot Call For Records From Minority Institutions To Verify Adoption Of Reservation Policy: Madras High Court

The Madras High Court has held that the State Minority Commission does not have any locus standi to call for records from a minority educational institution to verify its adoption of the reservation rule. Justice L Victoria Gowri observed that minority educational institutions were exempt from the purview of Article 15(5) which gave power to the State to make special provisions...

Madras High Court Monthly Digest - February 2025 [Citations 39-80]

Citations: 2025 LiveLaw (Mad) 39 To 2025 LiveLaw (Mad) 80 NOMINAL INDEX Sachin Bansal v The Directorate of Enforcement and Others, 2025 LiveLaw (Mad) 39 M/s.Sundaram Finance Limited vs. S.M. Thangaraj & Ors., 2025 LiveLaw (Mad) 40 Anugraha Castings v. Anugraha Valve Castings Limited, 2025 LiveLaw (Mad) 41 M.Murugan v. The District Secretary (and connected cases),...

Madras HC Limits Tourist Vehicles Entering Nilgiris & Kodaikanal During Summer, Asks For Preference To Be Given To Electric Cars

The Madras High Court has imposed a restriction on the number of vehicles plying to the Nilgiris and Kodaikanal this summer in an attempt to manage the congestion in the tourist places. The forest bench of Justice N Satish Kumar and Justice Bharatha Chakravarthy passed the directions after taking note of the carrying capacity of the hill stations. The court thus directed that only...

Falsely Labelling Police Constable Husband As A Terrorist Cannot Be Ignored, Caused Severe Mental Torture: Madras High Court Grants Divorce

While granting divorce to a police constable, the Madras High Court recently observed that the wife's complaint against him alleging that he had an extra-marital affair and that he had a connection with terrorist organizations could not be ignored as the same would cause severe mental torture and would amount to mental cruelty. The bench of Justice G Jayachandran and Justice R...

Madras High Court Sets Aside Single Judge Order Allowing Ritual Of Devotees Rolling Over Plantain Leaves On Which Food Was Eaten By Others

The Madras High Court has set aside an order of a single judge allowing Angapradakshinam, a ritual of devotees rolling over the plantain leaves on which other devotees had consumed food. The division bench of Justice R Suresh Kumar and Justice G Arul Murugan set aside an order passed by Justice GR Swaminathan in May 2024. The court noted that whether such a practice was against the...