Madras High Court
'Being Cheated By Music Companies': Ilaiyaraaja Tells Madras High Court In Copyright Infringement Case Against Sony Music
Renowned music composer Ilaiyaraaja, on Wednesday(October 22) told the Madras High Court he is being cheated by music companies who continued to use his songs without authorisation. The submission was made before Justice N Senthilkumar, who was hearing a plea filed by the musician against Sony music against unauthorised usage of his songs. The court had previously directed the music company to provide day-to-day accounts of revenue generated through the streaming of Ilaiyaraaja's songs....
Arbitral Proceedings Cannot Continue Once Moratorium Under IBC Is In Effect, Creditors' Recourse Lies Before Liquidator: Madras High Court
The Madras High Court bench of Justice N. Anand Venkatesh held that arbitration proceedings cannot continue after commencement of liquidation, any order passed thereafter is not legally sustainable. However, considering that continuation of arbitration proceedings would be futile and that the petitioner had not been informed of the commencement of the liquidation, the court allowed the petitioner to file its claim before the liquidator. Background: M/s. AL Tirven Steels Ltd. had...
Application U/S 29A Of A&C Act Is Not Maintainable After Termination Of Proceedings Following Arbitrator's Withdrawal: Madras High Court
The Madras High Court held that section 29A of the Arbitration and Conciliation Act, 1996 (Arbitration Act) can be invoked only when the proceedings are pending. It cannot be invoked when the arbitral tribunal has become functus officio. Justice N. Anand Venkatesh held that “in the case in hand, the proceedings were abandoned and consequently stood terminated as was explained supra. Thereafter, there is no question of filing an application seeking for extension of time for a...
Mutually Contradictory Findings By Same Arbitrator At Different Stage Of Proceedings Renders Final Award Patently Illegal: Madras High Court
The Madras High Court held that declaring earlier proceedings non est, even when no objections were raised regarding the recording of the undertaking in those proceedings, constituted a perverse finding. The Court observed that such proceedings, which merely recorded an undertaking, could not fall within the ambit of Section 31 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) as they did not amount to an order. Raising this issue suo motu was held to be a violation of the...
Madras High Court Extends Interim Order Restraining Makers Of 'Good Bad Ugly' Movie From Using Ilaiyaraaja's Songs
The Madras High Court on Thursday (October 16) has extended the interim order restraining the makers of the Tamil movie Good Bad Ugly from using the three songs of Ilaiyaraaja.When Justice N Senthilkumar took up the plea today, some of the music companies informed the court that they had filed impleading petitions, but the same were yet to be numbered. Taking note of this, the court adjourned the plea to October 23, 2025. Meanwhile, the court extended the interim order previously...
Customs | FERA Penalty U/S 50 Not Applicable For Export Shortfall Below 10%; Exporter Can Write-Off Unrealised Bills: Madras High Court
The Madras High Court stated that the FERA (Foreign Exchange Regulation Act) penalty under Section 50 is not applicable for export shortfall below 10%; the exporter can write off unrealised bills. Justices S.M. Subramaniam and C. Saravanan stated that even otherwise, since Section 18(1)(a) of the Foreign Exchange Regulation Act is to be read along with Section 18(2) and Section 18(3) of the Foreign Exchange Regulation Act, penalty under Section 50 of the Foreign Exchange Regulation Act...
Madras High Court Issues Notice To Actor Vijay & TVK In Appeal In Trademark Infringement Case Over Party Flag
The Madras High Court has issued notice to Actor Vijay and his party, Tamilaga Vettri Kazhagam in an appeal filed against a single judge order refusing to restrain the party from using its flag in connection with a trademark infringement case. The bench of Justice G Jayachandran and Justice Mummineni Sudheer Kumar issued notice to Vijay and his party and adjourned the case by 6 weeks. In August this year, a single judge of the High Court had dismissed an application seeking an...
Madras High Court Asks Sony Music To Give Details Of Revenue Obtained From Broadcasting Ilaiyaraaja's Songs
The Madras High Court has asked Sony Music Entertainment to give details of the revenue generated by the company on a day-to-day basis from the broadcasting/telecasting of songs composed by music composer Dr. Ilaiyaraaja. Justice N Senthilkumar issued the directions in a plea filed by the Music Composer seeking to declare that Sony had no rights, title or interest in music works of Ilaiyaraaja. The latter has also sought to restrain the music company from continuing the...
No Tax Exemption On Bakery Products Sold At Snack Bar: Madras High Court
The Madras High Court held that there is no tax exemption for bakery products sold in a snack bar. Justices S.M. Subramaniam and C. Saravanan were addressing the issue of whether bakery products sold in a snack bar are covered under the notification G.O.P.No.570 dated 10th June 1987 and exempted from tax. The assessee/petitioner is running a restaurant in which they are involved in the activity of preparing food and drinks. Admittedly, the food and drinks are not sold under any...
Scope Of Appeal Is Limited U/S 28KA Customs Act; Advance Ruling Binding Unless Arbitrary: Madras High Court
The Madras High Court has held that the scope of appeal is limited under Section 28KA of the Customs Act and an advance ruling is binding unless it is palpably arbitrary or irrational. Section 28KA of the Customs Act, 1962 provides that an appeal can be filed to the appellate authority against any ruling or order passed by the Authority within sixty days from the date of communication of such ruling or order. Justices S.M. Subramaniam and C. Saravanan stated that the scope of...
Tax Exemption Cannot Be Claimed For Inter-State Purchases Without Segregating Local Purchases: Madras High Court
The Madras High Court has held that if the assessee has purchased goods both within the State and from other States, then to claim exemption for inter-State purchases, the purchases made within the State must be segregated from those made from others. Justices S.M. Subramaniam stated that when the facts are established in clear terms that the goods were found mingled during the course of physical verification/inspection, the decision of the assessing Authority and the appellate...
Absence Of Disciplinary Proceedings Bars NCLT From Rejecting Proposed IRP Under IBC: Madras High Court
The Division Bench of Madras High Court, comprising Justice Dr. Anita Sumanth and Mr. Justice N. Senthilkumar, has held that in the absence of disciplinary proceedings pending against the professional, NCLT is bound to appoint the IRP proposed by the applicant under sections 7 and 10 of the IBC, 2016. Background of the Case The petition under Article 226 was filed to quash the appointment of Mr. Thangamuthu as the IRP of the corporate debtor. The petitioner is an insolvency ...