#Madras High Court Ruling

[techminsolutions]

Landmark Ruling on Input Tax Credit by Honorable Madras High Court: Transforming GST Compliance for Businesses

A Groundbreaking Ruling on Input Tax Credit by the Honourable Madras High Court: Insights from SRI SHANMUGA HARDWARES ELECTRICALS Case In the intricate realm of tax compliance and regulatory frameworks, the Honourable Madras High Court has recently issued a landmark judgement that promises to significantly impact the way input tax credit (ITC) claims are approached in India. The case in question,…

[lawtoppers]

Madras High Court Ruling on Advocate Stickers; मद्रास उच्च न्यायालयाचे अधिवक्ता स्टीकर वापराबद्दल निर्णय

मद्रास उच्च न्यायालयाने वाहनांवर 'अधिवक्ता स्टीकर' च्या गैरवापराबद्दल महत्त्वपूर्ण निर्णय दिला आहे. जाणून घ्या काय आहे हा निर्णय आणि त्याचे परिणाम.

Madras High Court Ruling on Advocate Stickers Madras High Court Ruling on Advocate Stickers The Madras High Court has issued a significant ruling concerning the misuse of ‘advocate stickers’ on vehicles. The court declared that police authorities have the right to take action against lawyers who misuse these stickers to evade legal obligations or claim immunity from traffic rules and other…

[sivavakkiyar]

Acclaimed filmmaker Pa Ranjith, in a strongly worded statement, posed a series of questions to the ruling Dravida Munnetra Kazhagam (DMK) government regarding its stance on the murder of BSP Tamil Nadu chief K Armstrong.

The deceased tall Dalit figure was a close friend of Pa Ranjith and had been politically associated with the Ambedkarite movement.

Armstrong, who was a well-known Ambedkarite Buddhist leader, was hacked to death by bike-borne assailants on July 5. The Madras High Court, on July 7, refused the burial of Armstrong within the party office premises in Chennai as it is located in a residential area, and instead directed to conduct the burial on private land in Pothur village in Vilivakkam Panchayat union in Tiruvallur district.

Eight persons have been arrested in the case. While the police claim that Armstrong was killed in retaliation to the murder of gangster Arcot Suresh last year, BSP and Dalit activists contest the claim and are dubbing it as a ‘political murder’.

In the statement issued on Monday, July 8, which has 7 questions, the filmmaker questioned the DMK government about its decision to deny permission to bury the TN BSP president at his residence-cum-office in Perambur.

Pointing out that they performed the last rites of Armstrong without causing any law and order problem following the principles of Dr. B.R. Ambedkar, Ranjith said that though the DMK government has the power, it had resorted to the court denying permission to bury the body at BSP’s office in Perambur.

“At the end of the nearly two-day drama, we were forced to bury him in Pothur, a suburban village outside Chennai, unwillingly,” he said.

Ranjith alleged that the DMK committed a huge act of deceit by not allowing him to bury his body in Perambur, where he lived.

[meluhha]

woman likely chose their own husband in ancient Melakam/Meluhha/Indus Valley

They meet each other of their own accord, consent to live together, and their relationship is consummated in copulation born of passion. This form of marriage did not require consent of parents or anyone else.

The woman and the man had met each other in their ordinary village life, or in various other places such as regional festivals and fairs, begun to enjoy each other's company, and decided to be together. This free choice and mutual attraction were generally approved by their kinsmen. 

A passage in the Atharvavedasuggests that parents usually let the daughter freely select her lover and directly encouraged her in being forward in affairs of the heart. The mother of the girl thought of the time when the daughter's developed youth (Pativedanam, post-puberty), that she would win a husband for herself, it was a smooth and happy sort of affair with nothing scandalous and unnatural about it

“The marriage of a desiring woman with a desiring man, without religious ceremonies, is the best marriage.” - Shakuntula’s foster father in Mahabharatha (her famous Brahmin priest father Vishwamitra cheated on his wife and had an affair and abandoned his daughter FYI)

“No man any longer asks for the daughter, nor does a father give away his daughter, they (women) find the man for themselves.”

Also, Atharvaveda (Strikaratâni, ii.36)):

May (Oh Agni!) a suitor after our own heart come to us; may he come to this maiden with fortune; May she be agreeable to suitors, charming at festivals, promptly obtain happiness through a husband. As this comfortable cave (Oh Indra!) furnishing a safe abode hath become pleasing to all life, thus may this woman be a favourite of fortune, well beloved, not at odds with her husband! Do thou ascend the full, inexhaustible ship of fortune to bring hither to this woman the suitor who shall be agreeable to thee. Bring hither by thy shouts (Oh lord of wealth!) the suitor – bend his mind towards her. Turn thou the attention of every agreeable suitor to her.

** CHOOSING YOUR HUSBAND BECAME TABOO AND DANGEROUS IN SOUTH ASIA AFTER IT WAS CONDEMNED BY VEDIC/BRAHMINS WHO NEEDED TO DO THEIR RITUAL/PRAYER BULLSHIT TO MAKE $$ AND STAY RELEVANT/POWERFUL **

-  Women from higher caste families: In traditional Hindu society, women from higher caste families were expected to marry within their own caste or within a compatible caste. "Gandharva Vivaha" was generally not encouraged for women from higher caste families, as it was seen as a violation of caste norms and could bring social disrepute to the family.

- In 1930, Justice Abdur Rahim held that the marriage in Gandharva form was not valid in India. This ruling came from the Madras High Court, with the statement that amongst the Hindus, the Gandharva form of marriage was obsolete (as of 1930). This was appealed based on the fact that the case was in court is proof that Gandharva weddings among Hindus is not obsolete

The Smritis of Hinduism recognize eight types of marriage. The other seven are: Brahma, Daiva, Arya, Prajapatya, Asura, Raksasa and Paisach

[amlawfrimseo]

Madras High Court's Landmark Ruling on Psilocybin and Drug Policy Reform

The Madras High Court recently issued a significant decision concerning psilocybin, the active compound in magic mushrooms. The judgment highlighted the need for a nuanced approach to regulating substances like psilocybin, which have potential therapeutic applications, particularly in mental health treatments. This ruling brings attention to the legal and scientific debates surrounding psychedelic substances in India. The court emphasized aligning legal frameworks with advancing global research and medical practices. This decision could pave the way for more progressive policies on psychedelic compounds in India.

For detailed information, visit the original article.

[lawzapo-legal]

Is he eligible for a permanent LIC job after 120 days' work, based on law and Supreme Court rulings?

Firstly, you need to go through the contract that you would have signed while joining the post at LIC of India.

The contract definitely would have mentioned the true nature of the job (permanent/ temporary) and also the future aspects of it.

Having signed so, makes it binding on both the parties.

As far as the judgements are concerned, they talk about their limitation and restriction to only the parties at hand and not applicable to the others as a general rule.

There have been certain judgments in and around the matter of concern but not pertaining specifically to your situation. But nevertheless, you can go through the judgements once – to give you a better idea of the situation justifying your claim to make your job permanent. They are as follows :-

V. Muthukumarasamy And Ors. vs The Chairman, L.I.C., Zonal – an Hon’ble Madras High Court judgement of 2007

Terminated Full Time Temporary vs Senior Divisional Manager again an Hon’ble Madras High Court judgement of 1992

On the other hand, Judgements like Surinder Prasad Tiwari v. U.P. Rajya Krishi Utpadan Mandi Parishad clearly suggests “it would be improper for the courts to give directions for regularisation of services of the person who is working either as daily-wager, ad hoc employee, probationer, temporary or contractual employee, not appointed following the procedure laid down under Articles 14, 16 and 309 of the Constitution."

You may also refer to the New and Revised Rules of the Instructions regarding the employment status of the Temporary staff i.e. Life Insurance Corporation of India (Employment of Temporary Staff) Instructions, 1993.

Reference Laws: New and Revised Rules of the Instructions regarding the employment status of the Temporary staff i.e. Life Insurance Corporation of India (Employment of Temporary Staff) Instructions, 1993.

V. Muthukumarasamy And Ors. vs The Chairman, L.I.C., Zonal – an Hon’ble Madras High Court judgement of 2007 Terminated Full Time Temporary vs Senior Divisional Manager again an Hon’ble Madras High Court judgement of 1992 Surinder Prasad Tiwari v. U.P. Rajya Krishi Utpadan Mandi Parishad

[seemabhatnagar]

"Madurai HC Upholds Juvenile Protections: Disqualification Overturned in Police Recruitment Case"

➡️ The *Case that I am sharing today relates to the time when the Appellant-Petitioner was a #juvenile(under 18) and he was involved in proceedings #undersectio109CrPC., [a preventive provision aimed at ensuring good behavior]. As part of these proceedings, he was directed to execute a bond for good behavior before the Jurisdictional Revenue Divisional Officer.

➡️The Tamil Nadu #UniformedServiceRecruitmentBoard conducted a #recruitmentprocess for Police Constable Grade II, Jail Warden, and Fireman Grade II posts in 2019. The petitioner, S. Saravanan, cleared the written exam and physical efficiency test, securing 71 marks against the 69-mark cutoff for his category. Despite being listed in the provisional selection, the Superintendent of Police rejected his appointment citing Rule 14(b) of the #TamilNaduSpecialPoliceSubordinateServiceRules due to his involvement in a case in 2012 U/s 109 of Cr.P.C., which the petitioner had not disclosed.

➡️The Primary legal issue in this case was, whether proceedings under Section 109 of Cr.P.C., initiated against the petitioner as a juvenile, can disqualify him from appointment under Rule 14(b) of the Tamil Nadu Special Police Subordinate Service Rules.

➡️The petitioner's contention was that ► the proceedings under Section 109 Cr.P.C. occurred when he was a minor (16 years old) and cannot be held against him under Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

► Security proceedings under Cr.P.C. are preventive and not criminal in nature.

➡️The Respondent State opposed the contention of the Appellant S Saravanan contending that ► the petitioner suppressed material facts about the 2012 proceedings, rendering him ineligible under Rule 14(b)(ii) and (iv) of Tamil Nadu Special Police Subordinate Service Rules.

➡️The #MaduraiHighCourt Observed that⬇️

→ Juvenile records should not lead to disqualification under the #JuvenileJusticeAct, 2015.

→ Proceedings under Section 109 Cr.P.C. are preventive, not criminal, and omissions regarding such proceedings cannot be treated as suppression of material facts.

→ Rule 14(b) must yield to statutory protections under the Juvenile Justice Act (Central Act).

→ The petitioner was a juvenile during the 2012 proceedings, and Section 24 of the Juvenile Justice Act shields juveniles from disqualification due to past offenses.

→ Security proceedings(Section 109 CrPC) are non-criminal, and omission to disclose them does not warrant disqualification.

➡️Rejection order was set aside by the High Court and the Respondents were directed to appoint the petitioner as Police Constable Grade II and provide training. His seniority will match others from the 2019 recruitment, but monetary benefits will accrue only from his actual appointment.

*Case⬇️

S Saravanan v. The DGP Mylapore Chennai & 3 Others

WA(MD) 831/2022

Before Madurai Bench of the Madras High Court

[odnewsin]

‘Fraud on Constitution’: SC rules against religious conversion for quota benefits

New Delhi: In a significant verdict, the Supreme Court has said religious conversions undertaken solely to avail reservation benefits without genuine belief amounted to a “fraud on the Constitution”. Justices Pankaj Mithal and R Mahadevan passed the verdict November 26 in a case filed by one C Selvarani and upheld a Madras High Court decision of January 24 denying a scheduled caste certificate to…

[news365timesindia]

[ad_1] GG News Bureau New Delhi, 27th Nov. The Supreme Court on November 26 ruled that religious conversions solely undertaken to avail reservation benefits without a genuine belief in the adopted religion constitute a “fraud on the Constitution.” The bench, comprising Justices Pankaj Mithal and R. Mahadevan, upheld a Madras High Court order that denied a scheduled caste (SC) certificate to C. Selvarani, a woman who had converted to Christianity but later claimed to be Hindu to secure employment benefits. Justice Mahadevan, in the 21-page verdict, emphasized that genuine religious conversion should be motivated by belief in the tenets of the religion, and not for ulterior motives like obtaining benefits of reservation. He noted that allowing individuals to avail such benefits without true belief undermines the social ethos behind the reservation policy. The case revolved around Selvarani, who, despite being baptized as a Christian and practicing the faith by attending church regularly, sought an SC certificate claiming to be a Hindu. The court found her actions “untenable” and ruled that her dual claim of both Hinduism and Christianity for the purpose of reservation benefits was “fraudulent.” The bench observed that once an individual converts to Christianity, they lose their caste identity and cannot claim SC benefits unless there is substantial evidence of reconversion to Hinduism. Selvarani’s claims lacked public declarations, ceremonies, or credible documentation to support her assertion of reconversion. The Court concluded that religious conversions for the sake of reservation benefits, without genuine belief, undermines the very purpose of affirmative action meant to uplift marginalized communities. It also emphasized that upon conversion to Christianity, an individual loses their caste identity, making claims of reconversion unsustainable without solid proof. The post Religious Conversion for Reservation Benefits “Fraud on the Constitution”: SC appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link

[news365times]

[ad_1] GG News Bureau New Delhi, 27th Nov. The Supreme Court on November 26 ruled that religious conversions solely undertaken to avail reservation benefits without a genuine belief in the adopted religion constitute a “fraud on the Constitution.” The bench, comprising Justices Pankaj Mithal and R. Mahadevan, upheld a Madras High Court order that denied a scheduled caste (SC) certificate to C. Selvarani, a woman who had converted to Christianity but later claimed to be Hindu to secure employment benefits. Justice Mahadevan, in the 21-page verdict, emphasized that genuine religious conversion should be motivated by belief in the tenets of the religion, and not for ulterior motives like obtaining benefits of reservation. He noted that allowing individuals to avail such benefits without true belief undermines the social ethos behind the reservation policy. The case revolved around Selvarani, who, despite being baptized as a Christian and practicing the faith by attending church regularly, sought an SC certificate claiming to be a Hindu. The court found her actions “untenable” and ruled that her dual claim of both Hinduism and Christianity for the purpose of reservation benefits was “fraudulent.” The bench observed that once an individual converts to Christianity, they lose their caste identity and cannot claim SC benefits unless there is substantial evidence of reconversion to Hinduism. Selvarani’s claims lacked public declarations, ceremonies, or credible documentation to support her assertion of reconversion. The Court concluded that religious conversions for the sake of reservation benefits, without genuine belief, undermines the very purpose of affirmative action meant to uplift marginalized communities. It also emphasized that upon conversion to Christianity, an individual loses their caste identity, making claims of reconversion unsustainable without solid proof. The post Religious Conversion for Reservation Benefits “Fraud on the Constitution”: SC appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link

[news-of-news]

Supreme Court Overturns Madras High Court Order in Domestic Abuse Case Under IPC Section 498A | Legal Implications

In a landmark judgment, the Supreme Court has set aside the Madras High Court’s decision to grant relief to a man, his mother, and maternal uncle in a case under Section 498A of the Indian Penal Code (IPC). The case stemmed from allegations of domestic abuse filed by the man’s wife. Despite the high court’s refusal to quash the charges, citing vague and unsupported accusations, the Supreme Court has intervened, raising important legal questions about the treatment of such cases.

🔸 What does this ruling mean for future cases under IPC Section 498A?

🔸 How does this impact the balance of justice between the accused and victims of domestic violence?

🔸 What are the legal standards for quashing cases under Section 498A of the IPC?

Like, share, and subscribe for more legal analysis and updates on Indian law.

#SupremeCourtJudgment #MadrasHighCourt #IPC498A #DomesticAbuseCase #IndianLaw #LegalNewsIndia #Section498A #LegalPrecedent #DomesticViolence #CourtRuling #IndianJudiciary #IPCSection498A #LegalSystemIndia #IndianLegalSystem #QuashingCharges #CourtIntervention #LegalRights #JusticeSystemIndia #DomesticViolenceLaws #SupremeCourtIndia #IndianLawUpdates #NOFN #NOFN_News_Of_News

[tfgadgets]

PIL against Udhayanidhi Stalin’s attire: Madras HC wants to know if there is a dress code for Ministers

File photo of Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin | Photo Credit: C. Venkatachalapathy The Madras High Court on Tuesday (October 29, 2024) wanted to know if there were any specific rules and regulations that prescribed the dress code to be followed by Ministers. The question was raised during the hearing of a public interest litigation (PIL) petition filed against Tamil Nadu…

[brookstonalmanac]

Events 10.1 (after 1950)

1953 – Andhra State is formed, consisting of a Telugu-speaking area carved out of India's Madras State. 1953 – A United States-South Korea mutual defense treaty is concluded in Washington, D.C. 1955 – The Xinjiang Uyghur Autonomous Region is established. 1957 – The motto In God We Trust first appears on U.S. paper currency. 1958 – The National Advisory Committee for Aeronautics is replaced by NASA. 1960 – Nigeria gains independence from the United Kingdom. 1961 – The United States Defense Intelligence Agency is formed, becoming the country's first centralized military intelligence organization. 1961 – East and West Cameroon merge to form the Federal Republic of Cameroon. 1962 – James Meredith enters the University of Mississippi, defying racial segregation rules. 1963 – On its third anniversary as an independent nation, Nigeria became a republic. 1964 – The Free Speech Movement is launched on the campus of the University of California, Berkeley. 1964 – Japanese Shinkansen ("bullet trains") begin high-speed rail service from Tokyo to Osaka. 1966 – West Coast Airlines Flight 956 crashes with no survivors in Oregon. This accident marks the first loss of a DC-9. 1969 – Concorde breaks the sound barrier for the first time. 1971 – Walt Disney World opens near Orlando, Florida. 1971 – The first practical CT scanner is used to diagnose a patient. 1975 – Muhammad Ali defeats Joe Frazier in a boxing match in Manila, Philippines. 1978 – Tuvalu gains independence from the United Kingdom. 1979 – The MTR, Hong Kong's rapid transit railway system, opens. 1982 – Helmut Kohl replaces Helmut Schmidt as Chancellor of Germany through a constructive vote of no confidence. 1982 – EPCOT (Experimental Prototype Community of Tomorrow) opens at Walt Disney World in Florida. 1982 – Sony and Phillips launch the compact disc in Japan; on the same day, Sony releases the model CDP-101 compact disc player, the first player of its kind. 1985 – Israel-Palestinian conflict: Israel attacks the Palestine Liberation Organization's Tunisia headquarters during Operation Wooden Leg. 1987 – The 5.9 Mw  Whittier Narrows earthquake shakes the San Gabriel Valley with a Mercalli intensity of VIII (Severe), killing eight and injuring 200. 1989 – Denmark introduces the world's first legal same-sex registered partnerships. 1991 – Croatian War of Independence: The Siege of Dubrovnik begins. 2000 – Israel-Palestinian conflict: Palestinians protest the murder of 12-year-old Muhammad al-Durrah by Israeli police in northern Israel, beginning the "October 2000 events". 2001 – Militants attack the state legislature building in Kashmir, killing 38. 2003 – The popular and controversial English-language imageboard 4chan is launched. 2009 – The Supreme Court of the United Kingdom takes over the judicial functions of the House of Lords. 2012 – A ferry collision off the coast of Hong Kong kills 38 people and injures 102 others. 2014 – A series of explosions at a gunpowder plant in Bulgaria completely destroys the factory, killing 15 people. 2014 – A double bombing of an elementary school in Homs, Syria kills over 50 people. 2015 – A gunman kills nine people at a community college in Oregon. 2015 – The American cargo vessel SS El Faro sinks with all of its 33 crew after steaming into the eyewall of Hurricane Joaquin. 2016 – The leader of the Spanish Socialist Workers' Party, Pedro Sánchez, resigns. He would return to the position a year later. 2017 – Fifty-eight people are killed and 869 others injured in a mass shooting at a country music festival at the Las Vegas Strip in the United States; the gunman, Stephen Paddock, later commits suicide. 2018 – The International Court of Justice rules that Chile is not obliged to negotiate access to the Pacific Ocean with Bolivia. 2019 – Kuopio school stabbing: one dies and ten are injured when Joel Marin, armed with a sabre, attacks a school class at Savo Vocational College in Kuopio, Finland. 2021 – The 2020 World Expo in Dubai begins. Its opening was originally scheduled for 20 October 2020 but was delayed due to the COVID-19 pandemic.

[iasguidance]

Bombay HC strikes down Centre’s Fact Check Unit

Context: The Bombay High Court struck down as unconstitutional a key provision of the amended Information Technology (IT) Rules, 2021 which empowered the government to identify “fake news” on social media platforms through a “Fact Check Unit” (FCU). There is an option of an appeal before the Supreme Court, given that similar issues are pending before the Delhi and Madras HCs too. The law in…

[jurishour]

Secured Creditors Hold Priority Over Government Tax Claims: Legal Precedents in India - Jurishour

Recent rulings by Indian courts have affirmed that secured creditors have priority over government tax claims during insolvency proceedings, underlining the significance of the Insolvency and Bankruptcy Code (IBC), 2016. Key judgments, including from the Bombay and Madras High Courts, have consistently supported the principle that secured creditors' rights, as enshrined in Section 31B of the IBC and Section 26E of the SARFAESI Act, take precedence over state claims for taxes such as sales tax, commercial tax, and income tax. These decisions uphold that secured creditors can recover debts through the sale of mortgaged assets before satisfying government dues. This emerging legal clarity strengthens the position of lenders during debt recovery and insolvency processes.

Read More:

[amlawfrimseo]

Consumer Law in India: Key Judicial Perspectives

Consumer Law in India: The Consumer Protection Act, 2019 has significantly transformed consumer rights in India, especially in the context of modern marketplaces and digital transactions. Recent rulings by the Supreme Court and the National Consumer Disputes Redressal Commission (NCDRC) have further clarified important provisions of the law, strengthening consumer protections and holding manufacturers, advertisers, and service providers accountable.

Advertiser and Endorser Liability

The Act places stringent liability on advertisers and endorsers, including celebrities and social media influencers, for promoting misleading products. In Kozyflex Mattresses Pvt. Ltd. v. SBI General Insurance Company Ltd., the Supreme Court reiterated that endorsers must ensure the accuracy of the claims they promote. The Act mandates that misleading endorsements make both the advertiser and endorser liable, a principle the Supreme Court has consistently upheld in its decisions, promoting fairness in advertising