A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 294 To 2022 LiveLaw (Mad) 307 NOMINAL INDEX O. Paneerselvam v. AIADMK and others, 2022 LiveLaw (Mad) 294 S.Ramesh v. Union of India and another, 2022 LiveLaw (Mad) 295 P.Velumani v. The State and another, 2022 LiveLaw (Mad) 296 C Sivakumar v. A...
A weekly round-up of important cases from Madras High Court and its subordinate courts.
Citations: 2022 LiveLaw (Mad) 294 To 2022 LiveLaw (Mad) 307
NOMINAL INDEX
O. Paneerselvam v. AIADMK and others, 2022 LiveLaw (Mad) 294
S.Ramesh v. Union of India and another, 2022 LiveLaw (Mad) 295
P.Velumani v. The State and another, 2022 LiveLaw (Mad) 296
C Sivakumar v. A Srividhya, 2022 LiveLaw (Mad) 297
V.S.J.Dinakaran v. The Deputy Commissioner of Income Tax (Benami Prohibition) and another, 2022 LiveLaw (Mad) 298
Union Bank of India Officers Association and another v. Union Bank of India and another, 2022 LiveLaw (Mad) 299
K.Lal Bhagadhur Sasthri v. The Director of Medical Education and another, 2022 LiveLaw (Mad) 300
E.Seshan v. Union of India and others, 2022 LiveLaw (Mad) 301
C Joseph Vijay v. Assistant Commissioner (ST) (FAC), 2022 LiveLaw (Mad) 302
Kunnamkulam Paper Mills Ltd. and ors v. Securities and Exchange Board of India, 2022 LiveLaw (Mad) 303
Dr.Sreejith V.Ravi v. The State of Tamil Nadu and others, 2022 LiveLaw (Mad) 304
B.C. Mohankumar Versus Superintendent of Central Goods & Service Tax, 2022 LiveLaw (Mad) 305
Bava Bahrudeen @ Mannai Bava v. Union of India, 2022 LiveLaw (Mad) 306
Asan Basha @ Ashan Batcha and another v. The State, 2022 LiveLaw (Mad) 307
REPORTS
Case Title: O. Paneerselvam v. AIADMK and others
Citation: 2022 LiveLaw (Mad) 294
The Madras High Court on Monday refused to interfere with the general council meeting of the All India Anna Dravida Munnetra Kazhagam (AIADMK). Justice Krishnan Ramasamy noted that out of the 2665 members of the General Assembly, more than 2100 members have expressed desire to conduct the meeting. "In a democratic set up, the will of the majority will prevail", the court remarked.
The court also reprimanded the manner in which the petitioner was repeatedly approaching the court instead of participating in the meeting and putting forward his ideas. While allowing the conduct of the meeting according to law, the court also held that if anyone was aggrieved that the meeting was not conducted in accordance with law, they could move with a Civil Suit to that effect.
Case Title: S.Ramesh v. Union of India and another
Citation: 2022 LiveLaw (Mad) 295
The Madras High Court recently reiterated that the Central Government has the liberty under the Extradition Act to choose any Magistrate to deal with the fugitive criminals. Such Magistrate need not be the one within whose jurisdiction the fugitive was apprehended.
Justice R Vijayakumar relied on the decision of the Apex Court in Rosiline George Vs. Union of India and others where the court had observed as under:
It is obvious from the plain language of Section 5 of the Act that the Central Government can direct any Magistrate to hold inquiry provided the said Magistrate would have had jurisdiction to inquire into the offence if it had been an offence committed within the local limits of his jurisdiction.....The Act, being a special provision dealing with the extradition of fugitive criminals, shall exclude from application the general provisions of the Code of Criminal Procedure, 1973. In any case, Section 5 of the said code gives overriding effect to the special jurisdiction created under any special or local laws. Sections 177, 188 and 190 of the Code have no application to the proceedings under the Act.
Case Title: P.Velumani v. The State and another
Citation: 2022 LiveLaw (Mad) 296
While quashing proceeding against an advocate for trespass, the Madras High Court observed that there is a recent trend where the advocates are implicated along with their clients for offences alleged to be committed by the clients with an object of achieving the intended result quickly. Such practice should be condemned and deprecated.
Justice Murali Shankar of the Madurai Bench observed:
"A new trend has been emerging in implicating the Advocates as accused along with their clients with ulterior motive of achieving the intended result quickly or immediately. The practice of implicating the Advocates along with their clients for the offences alleged to have committed by the clients is to be condemned and such a practice is to be deprecated."
Case Title: C Sivakumar v. A Srividhya
Citation: 2022 LiveLaw (Mad) 297
While granting the relief of divorce to a husband on the ground of cruelty by his wife, the bench of Justice V.M Velumani and Justice S Sounthar recently observed that the act of wife suspecting the character of the husband and making allegations of extra marital affair in the presence of his colleagues would all amount to mental cruelty. The court also noted that the respondent wife had also given police complaint connecting the appellant husband with his female colleagues without specifically naming anybody. Such a police complaint would also amount to cruelty when it is not substantiated by any evidence. The court observed that during the time of separation, the respondent had removed her thali chain. The court opined that tying of Thali Chain was an essential ritual in marriage ceremony and its removal was an unceremonious act.
Case Title: V.S.J.Dinakaran v. The Deputy Commissioner of Income Tax (Benami Prohibition) and another
Citation: 2022 LiveLaw (Mad) 298
While confirming the order of the single judge dismissing a challenge to the provisional attachment under Prohibition of Benami Property Transactions Act, 1988, the Madras High Court held that there is no provision for providing an opportunity to cross examine the witnesses from whom they have collected the information regarding benami property, at the preliminary stage and therefore, the question of violation of the principles of natural justice does not arise at the preliminary stage. It is applicable only during the adjudicatory proceedings.
A division bench of Justice R Mahadevan and Justice Sathya Narayana Prasad observed:
"The provisions of law mandate the respondent authorities to furnish such documents, particulars or evidence and provide an opportunity of being heard to the appellant only at the stage of adjudication proceedings; and there is no provision under the Act to provide an opportunity to the appellant to cross examine the witnesses at the preliminary stage."
Case Title: Union Bank of India Officers Association and another v. Union Bank of India and another
Citation: 2022 LiveLaw (Mad) 299
Dismissing a writ petition filed against a circular issued by the Union Bank of India taking away Leave Travel Concession for travel abroad, Justice SM Subramaniam observed that such decision was taken in view of the policy of the Government and in the absence of any statutory right, the same did not warrant interference. The court observed as under:
Concessions or facilities extended by way of Administrative Instructions beyond the scope of the rules cannot be construed as an absolute right to the employees.. Regulation 44 remains as the same, providing right to travel within India by the shortest route and therefore, the Administrative Instruction/ Circular, granting an additional facility by way of discretion to travel abroad is to be construed as concession/facility and cannot be construed as a service right, so as to enforce the same.
Case Title: K.Lal Bhagadhur Sasthri v. The Director of Medical Education and another
Citation: 2022 LiveLaw (Mad) 300
Observing that digitisation should lead to empowerment and not deprivation, the Madras High Court recently directed the Director of Medical Education and its Selection Committee to award a compensation of Rs. 1 lakh to a student who failed to register himself for the NEET counselling process due to technical glitches and poor internet connectivity in his village, thereby losing admission prospects.
The Madurai Bench of Justice GR Swaminathan observed that the state had an obligation to compensate a student who was deprived of his entitlement due to "digital divide". The court also directed the Department to ensure that the selection procedure is conducted in such a way so that incidents like these do not occur in future.
Case Title: E.Seshan v. Union of India and others
Citation: 2022 LiveLaw (Mad) 301
The Madras High Court recently expressed alarm at the "day in and day out" illegal transportation and slaughter of cows and other animals in open places in the State.
A division bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that such situation can arise only when the administration fails to ensure compliance of the provisions of the statutory laws and does not take timely action against the defaulters.
The court was hearing a plea claiming that the provisions with respect to prevention of cruelty to animals namely the Tamil Nadu Animal Preservation Act, 1958, the Prevention of Cruelty to Animals Act, 1960; the Transport of Animals Rules, 1978, the Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001; the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, the Prevention of Cruelty in Animals (Regulation of Livestock Markets) Rules, 2017 and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 etc were being violated in the state. The court found merit in the plea and issued a slew of directions for protection of animals
Case Title: C Joseph Vijay v. Assistant Commissioner (ST) (FAC)
Citation: 2022 LiveLaw (Mad) 302
Madras High Court on Friday disposed of a writ petition filed actor Vijay challenging the order of Commercial Tax Department directing the actor to pay penalty for non-payment of entry tax for a BMW X5 luxury car imported by him from the United States in 2005.
The bench of Justice R Suresh Kumar directed that the penalty for non-payment of entry tax could be levied only from 29th January, 2019 when a division bench of the court had directed that car importers were liable to pay entry tax. The court held that the penalty was to be calculated from the date of the order till the actual payment of the entry tax and not from the day of actual import.
Case Title: Kunnamkulam Paper Mills Ltd. and ors v. Securities and Exchange Board of India
Citation: 2022 LiveLaw (Mad) 303
The Madras High Court recently imposed a penalty upon a company for allotting shares in violation of the Securities and Exchange Board of India Act, 1992 and opined that though the charge was not separately framed under Section 24(2), the penalty was imposed by the authority keeping in mind the ingredients of the section.
The bench of Justice Bharatha Chakravarthy thus imposed two penalties on the company. Firstly, under the unamended Section 24(1) of the Act for allotting shares in violation of the act and secondly under the amended Section 24(2) of the Act for violating the directions of SEBI.
Case Title: Dr.Sreejith V.Ravi v. The State of Tamil Nadu and others
Citation: 2022 LiveLaw (Mad) 304
The Madras High Court recently directed a doctor, who was in violation of his compulsory service bond executed for a period of 10 years, to either serve a bond period of two years or pay an amount of Rs. 50 lakh in breach thereof.
The court thus set aside the impugned order passed by the Dean of Tirunelveli Medical College wherein the college had called upon the young Doctor to pay a sum of Rs. 2 crores as damages for breach of bond condition.
Justice GR Swaminathan of the Madurai Bench observed as under:
I am more than certain that when it comes recovery of bond amount, the authorities will adopt an uniform policy throughout the State. Either the petitioner has to serve for the bond period of two years atleast from now on or he has to pay the amount of Rs.50 Lakhs as fixed by the Government themselves. The impugned order is quashed with the aforesaid clarifications.
12. Madras High Court Quashes Non-Speaking Order Rejecting The GST Registration Application
Case Title: B.C. Mohankumar Versus Superintendent of Central Goods & Service Tax
Citation: 2022 LiveLaw (Mad) 305
The Madras High Court bench of Justice Anitha Sumanth has quashed the non-speaking order rejecting the GST registration application. The court held that if the assessing authority is inclined to reject the application, which he is entitled to, he must assign reasons for such objection and adhere to proper procedure, including due process.
Case Title: Bava Bahrudeen @ Mannai Bava v. Union of India
Citation: 2022 LiveLaw (Mad) 306
The Madras High Court recently allowed a criminal appeal and granted bail to a man booked by the National Investigation Agency (NIA) under the Unlawful Activities Prevention Act (UAPA) over his social media posts, allegedly instigating Muslims to act against Hindus and create communal disharmony amongst different religions.
The bench of Justice S Vaidyanathan and Justice AD Jagadish Chandira opined that there was no evidence to prove that the appellant was involved in any violent activity and the only allegation was regarding uploading of Facebook posts. The court was also satisfied that the organization was not a terrorist organization. Considering that the appellant was in custody for more than 300 days and that there was no likelihood of the trial being completed at the earliest, the court was inclined to grant bail to the appellant.
Case Title: Asan Basha @ Ashan Batcha and another v. The State
Citation: 2022 LiveLaw (Mad) 307
The Madras High Court recently granted anticipatory bail to seven members of Tamil Nadu Thowheed Jamath who participated in the meetings against the recent Karnataka High Court Hijab judgment. The anticipatory bail was granted keeping in view that the prime accused had already been granted bail and after taking on record the joint affidavit filed by the petitioners tendering their unconditional apology.
Justice Murali Shankar of the Madurai Bench, while granting bail also observed that every person has a right to express their views but the same should be done in a good faith. In the present case, the speakers had in fact exceeded the limits and went to the extent of threatening the Judges of High Courts and Supreme Court.
OTHER DEVELOPMENTS
Case Title: S Sushma and Anr v. Director General of Police and Ors
Case No: WP 7284 of 2021
While issuing a slew of directions for the upliftment of the LGBTQ+ community, the Madras High Court has directed the National Medical Commission to enlist "Conversion Therapy" as professional misconduct.
This comes in continuation of the earlier directions issued by the court wherein the Commission was directed to ensure that the State Medical Councils shall notify conversion therapy as misconduct in their rules so that there is consistency bet the Commission rules and the Council rules.
When the matter came up on Friday, Justice Anand Venkatesh looked into the Draft Conduct Regulations 2022, which has been put in the public domain and suggestions have been invited. The court noted that only gender-based discrimination had been included as misconduct and "Conversion Therapy" was conspicuously absent.
Case Title: Edappadi K.Palaniswamy v. The Revenue Divisional Officer cum Sub Divisional Magistrate
Case No: CRL OP 16343 of 2022
The Madras High Court on Thursday directed the State to file its report on the recent violence that broke out at the AIADMK Party Headquarters and the subsequent lock and seal that was imposed by the Revenue Department.
The bench of Justice N Sathish Kumar was hearing the pleas filed by former Chief Minister O Paneerselvam and the new incumbent General Secretary Edappadi Palaniswamy challenging the lock and seal of the party headquarters.