A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 192 To 2022 LiveLaw (Mad) 205 NOMINAL INDEX Agavai (Name Changed) v. The State represented by Inspector of Police, 2022 LiveLaw (Mad) 192 Case Title: M.Ani v. The Government of Tamilnadu and others, 2022 LiveLaw (Mad) 193 Hema Jwaalini and others v....
A weekly round-up of important cases from Madras High Court and its subordinate courts.
Citations: 2022 LiveLaw (Mad) 192 To 2022 LiveLaw (Mad) 205
NOMINAL INDEX
Agavai (Name Changed) v. The State represented by Inspector of Police, 2022 LiveLaw (Mad) 192
Case Title: M.Ani v. The Government of Tamilnadu and others, 2022 LiveLaw (Mad) 193
Hema Jwaalini and others v. The Commissioner of Police and Others, 2022 LiveLaw (Mad) 194
Nakshatra Bind A.K v. State of Tamil Nadu and Others, 2022 LiveLaw (Mad) 195
The Project Director (LA), NHAI versus T. Palanisamy and Ors., 2022 LiveLaw (Mad) 196
The Deputy Superintendent of Police v. The Deputy Director Unique Identification Authority of India (UIDAI), 2022 LiveLaw (Mad) 197
Mrs. Noorjahan Versus The Deputy Commissioner of Income Tax, 2022 LiveLaw (Mad) 198
Suresh Rajan v. The State rep. by Inspector of Police, 2022 LiveLaw (Mad) 199
Thirumalai and Others v. Divisional Manager, The New India Assurance Company Limited, 2022 LiveLaw (Mad) 200
Sri Manakula Vinayagar Medical College & Hospital v. The Government of Puducherry and Others, 2022 LiveLaw (Mad) 201
M/s.Srinivasa Stampings Versus The Superintendent of GST and Central Excise, 2022 LiveLaw (Mad) 202
Lakshmi Ammal and Others v. Gejaraj (died) and others, 2022 LiveLaw (Mad) 203
Mrs. Noorjahan versus Deputy Commissioner of Income Tax and M/s. AMK Solutions Private Ltd. & Ors. versus Deputy Commissioner of Income Tax, 2022 LiveLaw (Mad) 204
Tvl.G.Sankar Timber Depot Versus The State Tax Officer (Adjudication), 2022 LiveLaw (Mad) 205
Case Title: Agavai (Name Changed) v. The State represented by Inspector of Police
Citation: 2022 LiveLaw (Mad) 192
The Madras High Court set aside the detention order passed by the Juvenile Justice Board, Thiruvallur against a 15 years old child in conflict with law, observing that the order was passed in a hasty manner without going into the genuineness of the matter.
Justice AD Jagadish Chandra also observed that a child offender should not be given punishment based on the kind of offense he/she has committed but should be given an individual treatment that is reformative in nature and which is based on his/her need, psychological and social background.
The court also opined that the parents, teachers, schools, community, and law enforcement agencies need to understand, prevent and reduce risk factors that may push children towards adopting behaviors that may harm them. The court further observed that no child is born criminal and it is his/her social factors that make them do acts against the law.
2. TET Not Mandatory For Teachers In Minority Institutions: Madras High Court Reiterates
Case Title: M.Ani v. The Government of Tamilnadu and others
Citation: 2022 LiveLaw (Mad) 193
The Madras High Court has reiterated that TET qualification cannot be made applicable to minority institutions. The bench of Justice V Parthiban further confirmed the legal position that the prescription of TET qualification in terms of the Right of Children to Free and Compulsory Education Act, 2009 was not applicable to minority institutions.
In light of the decision of the Constitution Bench in Pramti Educational and Cultural Trust and Ors. v. Union of India and ors. (2014), the court ordered the educational institutions to grant appropriate annual increment and medical benefits to the petitioner teacher and refund of any amount recovered from the teacher merely on the ground that she has not cleared the Teachers Eligibility Test (TET).
Case Title: Hema Jwaalini and others v. The Commissioner of Police and Others
Citation: 2022 LiveLaw (Mad) 194
The Madras High Court recently dismissed a criminal petition filed challenging the action taken by Police Authorities against the owners and manager of Willow & Spa and charging them under Sections 3(2)(a), 4(1), and 5(1)(a) of Immoral Traffic (Prevention) Act, 1956.
The bench of Justice AD Jagadish Chandira observed that the petition did not have any merits as the petitioners had suppressed material facts and had merely claimed that the respondent police had fabricated the case due to a cold war existing between them.
With respect to the search procedure to be followed under the Immoral Traffic (Prevention) Act, the court held that the procedures were directory and not mandatory and a mere violation of the same will not vitiate the entire proceedings.
Case Title: Nakshatra Bind A.K v. State of Tamil Nadu and Others
Citation: 2022 LiveLaw (Mad) 195
The Madras High Court recently held that there was no illegality in the state government's decision promoting students and awarding secondary school marksheets, without awarding specific marks to each student, for the reason that the examinations could not be held due to Covid-19.
The court highlighted that the same is a policy decision and does not warrant any interference from the court.
The bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy was considering a writ appeal filed by a XIth standard student against the order of the single judge and to declare the Government Orders as illegal and arbitrary and to strike off the same.
Case Title: The Project Director (LA), NHAI versus T. Palanisamy and Ors.
Citation: 2022 LiveLaw (Mad) 196
The Madras High Court has held that an arbitral award that does not provide for payment of mandatory statutory compensation with respect to the land acquired under the National Highways Act, 1956 is perverse.
The Single Bench of Justice P.T. Asha held that an Arbitrator exercising jurisdiction under the National Highways Act has to be more vigilant in ensuring that the arbitral award is fair and that the land owner is compensated adequately as per his legal entitlement. The Court upheld the order of the District Judge that had set aside the arbitral award and had directed the competent authority to pay compensation to the land owner as provided under the statute.
Case Title: The Deputy Superintendent of Police v. The Deputy Director Unique Identification Authority of India (UIDAI)
Citation: 2022 LiveLaw (Mad) 197
The Madras High Court has recently directed the Deputy Director, UIDAI to furnish details of 35 Aadhaar Cards sought by the Deputy Superintendent of Police, "Q" Branch CID, Chennai City.
Justice G Jayachandran made the above order on a plea by the Deputy Superintendent following rejection of his request by the UIDAI, seeking information about the Aadhaar Card Numbers along with KYC documents submitted by the applicants of the concerned Aadhaar cards.
The relief sought by the petitioner was to direct the respondent to share the Aadhaar card information including the genuineness of the Aadhaar Cards, whether they were issued to the same person, and any updates from the date of issue to date done to these numbers(including name, address, date of birth and mobile number), and the details of the authorized person who can make/have made the corrections, the certified copied of the applications along with the KYC documents submitted by the applicants. The petitioner submitted that the same was necessary to complete the investigation with respect to a crime relating to fake Indian Passports possessed by Sri Lankan Nationals.
The court also held that the intention of the petitioners for obtaining the information was merely to ascertain whether the Aadhaar cards seized by them were genuine or not and if so, to ascertain on what basis these were issued to such Foreign Nationals. Thus, furnishing of such information does not amount to the disclosure of private details of any individuals but to determining the existence of such individuals, and as such is not prohibited by the Puttaswamy judgment.
7. Initiation Of Malicious Prosecution By Income Tax Dept. Abusing Power: Madras High Court
Case Title: Mrs. Noorjahan Versus The Deputy Commissioner of Income Tax
Citation: 2022 LiveLaw (Mad) 198
The Madras High Court bench of Justice G. Jayachandran has held that the suppression of material facts, the intentional suggestion of falsehood and the non-application of mind go to show that there was a malicious prosecution initiated by the Income Tax department by abusing its power. The petitioners need not be forced to undergo the ordeal of a trial, which has no legs to stand on.
The two petitions were filed to quash the complaint on the ground that there was a lack of ingredients to prosecute the petitioners under section 276 C (2), besides suppression of fact and non-application of mind.
The court said that a "culpable mental state" which can be presumed under section 278E of the Income Tax Act would come into play only in a prosecution for any offence under the Income Tax Act when the offence requires a "culpable mental state" on the part of the accused. Section 278 E is really a rule of evidence regarding the existence of mens rea by drawing a presumption, though rebuttable. That does not mean that the presumption would be applied even in a case in which the basic requirements constituting the offence are not disclosed. In particular, when the tax is paid much before the process for prosecution is set into motion. The presumption can be applied only when the basic ingredient that would constitute any offence under the Act has been disclosed. Then only, the rule of evidence under section 278 E of the Act regarding the rebuttable presumption as to the existence of a culpable mental state on the part of the accused would come into play.
Case Title: Suresh Rajan v. The State rep. by Inspector of Police
Citation: 2022 LiveLaw (Mad) 199
The Madras High Court recently granted bail to an alleged Maoist on a condition that he shall swear an affidavit, stating that he owes faith and allegiance to the Constitution of India and that he does not believe in the Maoist ideology or the ideology of the CPI(M). He shall also state that he does not believe in violence as an ideology and would do nothing to subvert the Constitution of India.
The order was passed by a bench of Justice P.N Prakash and Justice AA Nakkiran in a criminal appeal preferred seeking to set aside the order of Special NIA Court refusing bail to the Appellant, Suresh Rajan.
Along with the above conditions, the court also directed the Rajan to execute a bond for a sum of Rs. 25,000/- with two sureties (blood relatives of the petitioner) for a like sum each to the satisfaction of the Special Court. He shall also furnish his permanent address and shall inform the trial Court and the respondent about any change in his address. He was also directed to appear before the Special Court daily at 10:30 A.M and mark his signature.
The Special Court was given the liberty to cancel his bail and remand him to custody if he adopts any dilatory tactics during the trial or if any other situation so warrants. If he absconds, a fresh FIR shall be registered against him under Section 229-A IPC
Case Title: Thirumalai and Others v. Divisional Manager, The New India Assurance Company Limited
Citation: 2022 LiveLaw (Mad) 200
The Madras High Court bench of Justice P.T Asha recently held that the benefit of exemption from payment of Court Fees can be claimed only before the Motor Accident Tribunals and not on appeals before the court.
Such exemption was at the discretion of the Judicial Officer and is available only before the Claims Tribunal.
The two issues that the court considered were whether the Provisions of Rule 24 of the Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989 would apply to Appeals under Section 173 of the Motor Vehicles Act without giving proof of indigent circumstances and whether the claimants who have obtained exemption can withdraw the amounts deposited without paying the Court Fees.
Case Title: Sri Manakula Vinayagar Medical College & Hospital v. The Government of Puducherry and Others
Citation: 2022 LiveLaw (Mad) 201
The Madras High court recently set aside the order of the Medical Council of India (MCI) and the Government of Puducherry (GOP) cancelling the admissions of 778 students in the MBBS course on the ground that their admission to these course was made illegally, without following merit.
The bench of Justice Krishnan Ramasamy made the orders on a batch of writ petitions filed by the students and the colleges alleging that the order of the MCI was illegal, arbitrary and made without observing the principles of natural justice.
The court held that the order was made without considering the procedure of admission adopted by the colleges and that passing of such draconian directions was arbitrary. The court also observed that implementation of such directions would turn out to be disastrous for the students who were now pursuing their fifth year of the MBBS course. The court also observed that the students cannot be put in a disadvantage due to the inability of the concerned authorities to formulate a proper mechanism for admission.
Case Title: M/s.Srinivasa Stampings Versus The Superintendent of GST and Central Excise
Citation: 2022 LiveLaw (Mad) 202
The Madras High Court bench of Justice C. Saravanan held that the taxpayer is liable to pay interest if there is a belated payment of tax declared in the returns filed.
As per Section 50 (1) of the CGST Act, 2017, every person who is liable to pay tax in accordance with the provisions of this Act or the rules made thereunder, but fails to pay the tax or any part thereof to the government within the period prescribed, shall, for the period for which the tax or any part thereof remains unpaid, pay, on his own, interest at such rate as may be notified by the government on the recommendations of the Council.
The Central Board of Indirect Taxes and Customs has also clarified on 26.8.2020 that no recovery of interest shall be made for the past in the light of the decision taken by the GST Council in its 39th meeting on delayed payment of GST.
The court noted that interest has been demanded on the net tax liability of the petitioner on account of belated payment of tax during the aforesaid period under Section 50(1) of the CGST Act, 2017.
Case Title: Lakshmi Ammal and Others v. Gejaraj (died) and others
Citation: 2022 LiveLaw (Mad) 203
The Madras High Court bench of Justice Anand Venkatesh recently observed that an unregistered agreement for sale may be received as evidence for considering the relief of specific performance.
It was of the view that the inadmissibility of the unregistered document will only be with respect to the protection sought under Section 53-A of the Transfer of Property Act. Even though the sale agreement was not registered, it can be acted upon as evidence for deciding the relief of specific performance.
The court relied on the decision of the Supreme Court in Ameer Minhaj v. Dierdre Elizabeth(Wright) Issar and Others (2018) wherein it was observed that a document is required to be registered, but if unregistered, can still be admitted as evidence of a contract in a suit for specific performance.
Case Title: Mrs. Noorjahan versus Deputy Commissioner of Income Tax and M/s. AMK Solutions Private Ltd. & Ors. versus Deputy Commissioner of Income Tax
Citation: 2022 LiveLaw (Mad) 204
The Madras High Court has quashed the complaints filed by the income tax department against the assessee for wilfully attempting to evade payment of tax under Section 276 C (2) of Income Tax Act, 1961 on the ground of malicious prosecution, non-application of mind and abuse of power.
The Single Bench of Dr. Justice G. Jayachandran ruled that to invoke the deeming provision of Section 140A (3) to hold the assessee as an assessee in default, there should be a default in payment of tax in true sense. The Court added that the income tax department had malafidely supressed material facts regarding payment of tax by the assessee while issuing sanction for prosecution of the offence under Section 276 C (2).
Case Title: Tvl.G.Sankar Timber Depot Versus The State Tax Officer (Adjudication)
Citation: 2022 LiveLaw (Mad) 205
The Madras High Court bench of Justice C. Saravanan has held that form GST DRC-16 merely attaches immovable properties. There was no attachment to any bank accounts. The assessee appeared to be interested in dragging on the proceeding, though it appeared to be in arrears of huge amounts of tax.
OTHER DEVELOPMENTS
Case Title: M. Saravanan Malaichamy v. The Principal Secretary and Others
Case No: WMP (MD) No. 5461 of 2022 in WP(MD) No. 3633 of 2014
The Madras High Court directed the Union Government and the Tamil Nadu State Government to use the funds under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA) for the removal of invasive species by engaging the Tribal and local community people who are living co-existence with the wild life and living in and around the Forests, Sanctuaries, and National Parks.
The bench of Justice V. Bharatidasan and Justice N. Sathish Kumar made the order in a petition highlighting the struggle of the Forest Department of State of Tamil Nadu for the removal of invasive species from the forest areas all over Tamil Nadu due to the lack of funds and lack of human resources.
The court also observed that these invasive species are a threat to the entire ecosystem and if they are not controlled, the whole forest may die in a few years. The invasive species also suppressed the secondary growth in the forest which made the fodder scarcity which ultimately leads to the animals like elephants staying outside the forests and coming into conflict with the human population. The court observed how the services of the tribals have already been engaged in many ways in protecting the forest in the form of Anti Poaching Watchers. Thus, the services of these real foot soldiers of the forest can also be used in the removal of the weeds under the MGNREGA to provide livelihood security.
Case Title: B. Jagannath v. The Chief Secretary and others
Case No: W.P 11086 of 2022
The Madras High Court asked the State Government what was the difficulty in framing guidelines against alleged forced religious conversions in government schools. It observed that though the Constitution gives a right to profess a religion of one's choice, it does not give any right to forcibly convert.
The bench of Justice R. Mahadevan and Justice S. Ananthi was hearing a petition filed by Advocate B Jagannath, seeking directions to the Educational Department to frame effective guidelines and take all necessary steps including corrective measures to prohibit/ prevent and ban proselytization and forced religious conversion in Government-run schools and educational institutions, both primary and Higher Secondary including aided schools coming under the direct control of the State Government, within a reasonable time frame.
3. Madras High Court Exempts Lawyer From Wearing Black Gowns During Summer Vacation
Chief Justice Munishwar Nath Bhandari of Madras High Court has dispensed with wearing black gown by lawyers while appearing in court during the Summer Vacation 2022. However, all the advocates were requested to wear collar bands and black coats. The Chief Justice made the above order on 5th May 2022 considering the request of the members of the bar. The Chief Justice had previously dispensed the lawyers of Madras High Court from wearing the black gown.
4. 'Do Not Notify Puducherry Local Body Elections': Madras High Court Directs Election Commission
Case Title: R. Siva v. Union Territory of Puducherry and others
Case No: WP No. 12115 of 2022
The Madras High Court on Friday ordered status quo in Puducherry and directed the Election Commission to not proceed with notifying the Local Body elections.
The bench of Justice R Mahadevan and Justice S. Ananthi was hearing a writ petition filed by R. Siva, Leader of Opposition in the Puducherry Legislative Assembly to quash the Government Orders wherein earlier notifications providing for reservation of seats for Backward Class (33.5%) and Scheduled Tribes (0.5%) were rescinded.