Madras High Court Weekly Round-Up: April 22 - April 28, 2024

NOMINAL INDEX

Sahayaraj V. M/s Shriram Transport Finance Company Ltd, CRP(MD) No. 576 of 2024, 2024 LiveLaw (Mad) 166

Rajesh Das v State, 2024 LiveLaw (Mad) 167

CM Raghavan v The Joint Director and others, 2024 LiveLaw (Mad) 168

M/s Colorhome Developers Pvt Ltd v. M/s Color Castle Owners Society, OSA(CAD) No. 113 of 2022, 2024 LiveLaw (Mad) 169

M/s Geojit Financial Services Ltd v. Mrs. Nalani Rajkumar, Original Side Appeal (CAD) No.51 of 2021, 2024 LiveLaw (Mad) 170

Mohmood Hussain v State, 2024 LiveLaw (Mad) 171

Kamatchi Shanker Arumugam v Tamil Nadu School Education Department and Others, 2024 LiveLaw (Mad) 172

S Sahana Priyanka and Others v State of Tamil Nadu, 2024 LiveLaw (Mad) 173

AP Studio Enterprises Versus The Assistant Commissioner (ST)(FAC), 2024 LiveLaw (Mad) 174

REPORT

If Arbitration Award Not Challenged UnderSection 34, Can't Be Challenged At Execution: Madras High Court

Case Title: Sahayaraj V. M/s Shriram Transport Finance Company Ltd, CRP(MD) No. 576 of 2024

Citation: 2024 LiveLaw (Mad) 166

The High Court of Madras at Madurai has held that an Executing Court cannot go behind an arbitration award and decides issues on merit of the award.

The bench of Justice G. Ilangovan held that an arbitration award can only be challenged under Section 34 of the A&C Act and party failing to challenge the award therein cannot raise contentious issues on merit of the award before the executing court.

The Court held that an Executing Court cannot go behind an arbitration award and decides issues on merit of the award. It held that Executing Court rightly refused to entertain those objections.

“Degraded The Morale Of Police Force”: Madras High Court Dismisses Ex-DGP Rajesh Das's Plea To Suspend Sentence In Sexual Harassment Case

Case Title: Rajesh Das v State

Citation: 2024 LiveLaw (Mad) 167

The Madras High Court on Tuesday dismissed two applications moved by former special DGP of Tamil Nadu Rajesh Das, seeking suspension of sentence and exemption from surrendering in a sexual harassment case.

While setting aside Das's plea for suspending the sentence pending consideration of the revision petition, Justice M Dhandapani observed that a person of Das's status, who was holding the post of Director General of Police ought to have conducted himself in a proper manner.

The court also observed that the present case was unlike other routine cases since it involved allegations of a serious nature against a man, being higher in the hierarchy in the police department, for outraging the modesty of women folk.

Madras High Court Dismisses Plea To Initiate PMLA Proceedings Against BJP And Congress Candidates In Tirunelveli

Case Title: CM Raghavan v The Joint Director and others

Citation: 2024 LiveLaw (Mad) 168

The Madras High Court has dismissed a plea filed by an independent candidate seeking action under the Prevention of Money Laundering Act against the BJP and Congress candidates in Tirunelveli, following seizure of money.

A bench of Justice MS Ramesh and Justice Sunder Mohan dismissed the plea after noting that the offences alleged did not constitute scheduled offences warranting prosecution under the Act. A detailed order is expected soon.

The petition was filed by one CM Raghavan, an independent candidate from Tirunelveli constituency seeking directions to the ED to register a case against Nainar Nagendran and Robert Bruce, BJP and Congress candidates respectively.

When Plea Regarding Lack Of Jurisdiction Not Raised Before The Arbitrator, It Cannot Be Raised In Appeal: Madras High Court

Case Title: M/s Colorhome Developers Pvt Ltd v. M/s Color Castle Owners Society, OSA(CAD) No. 113 of 2022

Citation: 2024 LiveLaw (Mad) 169

The High Court of Madras has held that a plea regarding lack of jurisdiction or invalidity of the appointment of the arbitrator must be raised before the arbitrator during the arbitral proceedings. It held that if such a plea is not taken at the first instance or, the Court in appeal cannot entertain such an objection.

The bench of Justices R. Subramanian and R. Sakthivel also held that an objection regarding validity of the invocation of the arbitration dismissed by the Court under Section 11 cannot be raised again in appeal.

Evidence Taken Behind The Back Of A Party After Completion Of Arguments, Madras High Court Sets Aside Arbitration Award

Case Title: M/s Geojit Financial Services Ltd v. Mrs. Nalani Rajkumar, Original Side Appeal (CAD) No.51 of 2021

Citation: 2024 LiveLaw (Mad) 170

The High Court of Madras has held that an arbitration award based on an evidence taken on record after the completion of arguments and behind the back of a party would be liable to be set aside under Section 34 of the A&C Act.

The bench of Justices R. Subramanian and R. Sakthivel held that when an evidence is taken behind the back of a party and after the completion of arguments, it deprives that party of its valuable opportunity to dispute such evidence/document.

The Court also held that such a defect would not be cured if the opportunity to dispute such document was provided before the appellate tribunal.

Madras High Court Strikes Down 2010 Amendment To Public Premises (Eviction of Unauthorised Occupants) Act Bringing Wakf Properties Under Its Ambit

Case Title: Mohmood Hussain v State

Citation: 2024 LiveLaw (Mad) 171

The Madras High Court recently struck down an amendment brought out by the State Legislation in 2010 to the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act bringing Wakf properties under the ambit of the act.

The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy observed that since an amendment was brought into the central act- Wakf Act, which already provided a mechanism to deal with encroachments, the state legislature was repugnant and void. The court emphasized that Section 85 of the Central legislation had expressly prohibited the jurisdiction of other authorities and thus there was no scope of harmony between the central and state legislation.

The court thus set aside the proceedings initiated by the Estate Officer, appointed under the State Legislation to remove encroachers, and directed the Estate Officer to make applications before the Wakf Tribunal which shall then proceed with the matter.

Corporal Punishment Is Not A Solution To Guide Children, They Should Be Better Heard And Treated With Respect: Madras High Court

Case Title: Kamatchi Shanker Arumugam v Tamil Nadu School Education Department and Others

Citation: 2024 LiveLaw (Mad) 172

Emphasizing the need to treat children with care and respect, the Madras High Court has recently deprecated the practice of imposing corporal punishment on children.

Justice SM Subramaniam observed that corporal punishment was completely unacceptable and prohibited under Section 17(1) of the Rights of Children to Free and Compulsory Education Act 2009. The court also said that corporal punishment was not a solution to guide children and instead efforts must be taken to treat children with respect.

The court observed that children should be allowed to grow in a safe and secure environment and to express themselves in their own voices. The court stressed that each child was different and unique and a common method of upbringing could not be adopted for all children. The court further remarked that one should start being more receptive to the needs of children and have an equipped and pragmatic approach where children are better heard and treated with respect.

PG Doctors' Refusal To Work In Govt Hospitals Infringe Fundamental Rights Of Poor Patients: Madras High Court Upholds Bond Agreement

Case Title: S Sahana Priyanka and Others v State of Tamil Nadu

Citation: 2024 LiveLaw (Mad) 173

The Madras High Court recently remarked that Doctors, who undergo postgraduate studies at low cost by utilizing taxpayer's money should serve the poor and needy in the State.

Justice SM Subramaniam also remarked that doctors, who refused to work in government hospitals after completing the PG course, were infringing the fundamental rights of the poor and needy patients who were undergoing treatment in the government hospitals.

The court added that if the attitude of the doctors were allowed, it would encourage an attitude of not paying attention to poor people at whose expense they were educated which was unacceptable. The court also noted that in many cases, the candidates violated the bond period which already led to a considerable shortage of Doctors in Government Medical Institutions.

Dept's Failure To Consider Certificate Obtained From Supplier; Madras High Court Quashes ITC Mismatch Demand

Case Title: AP Studio Enterprises Versus The Assistant Commissioner (ST)(FAC)

Citation: 2024 LiveLaw (Mad) 174

The Madras High Court has quashed the demand in respect of the input tax credit (ITC) mismatch as the department has failed to consider certificates obtained by buyers.

The bench of Justice Senthilkumar Ramamoorthy has observed that important records, such as the supplier's and the chartered accountant's certificates, were disregarded in the issuance of the demand order. Interference with the order is warranted due to this crucial evidence being overlooked.

OTHER DEVELOPMENTS

Composer Ilaiyaraja's Transactions With Streaming Platforms Will Be Subject To Echo Recording's Appeal Over Ownership Of Songs: Madras High Court

Case Title: M/s Echo Recording Company Pvt Ltd v Ilaiyaraja and Others

Case No: OSA 51 of 2024

The Madras High Court on Wednesday said that all commercial transactions that Music Composer Ilaiyaraja has entered into with music streaming platforms will be dependent upon the outcome of the appeal preferred by Echo Recording Studio over the ownership of songs.

The bench of Justice R Mahadevan and Justice Mohammed Shaffiq made the observations on an appeal preferred by Echo Recording Studio against a single-judge order that said that Ilaiyaraja had special and moral rights to all the musical works composed by him as per Section 57 Copyright Act. The single judge had said that Ilaiyaraja could claim authorship of his work and take all necessary measures to preserve the integrity and purity of his work.

NRI Moves Madras High Court Seeking Special Polling In Coimbatore For Those Left From Voters' List, Seeks Stay On Result Till Then

A doctor residing in Australia has approached the Madras High Court to direct the Election Commission to make arrangements for conducting special polling for those persons whose names were left out from the voter's list prepared for the Lok Sabha Elections 2024.

Suthanthira Kannan, a doctor residing in Australia, in his plea stated that when he came to Coimbatore to fulfill his fundamental duty of casting a vote, his and his wife's names were missing from the Voter's list. Kannan submitted that although his name was present in the Voter's List in 2019 and 2021, it was absent in the present list due to the arbitrary and inefficient way the voter's list was prepared.

Thus, Kannan sought directions to the election commission to give an opportunity to those persons whose names were omitted, to be permitted to poll by notifying a polling booth in the area so that those persons could exercise their franchise. He also sought to stay the counting of votes and declaration of results untill such an opportunity was given.