Madras High Court Weekly Round-Up: January 15 - January 21, 2024

Citations: 2024 LiveLaw (Mad) 21 To 2024 LiveLaw (Mad) 32

NOMINAL INDEX

Selvam @ Selvakumar and others v The Inspector of Police, 2024 LiveLaw (Mad) 21

ABC v XYZ, 2024 LiveLaw (Mad) 22

Ouwshitha Surendran v National Medical Commission and Others, 2024 LiveLaw (Mad) 23

Anamallais Bus Transports P Ltd verses The Principal Commissioner of Income Tax, 2024 LiveLaw (Mad) 24

Jak Communications Private Limited Verses Chief Commissioner of Income Tax (TDS), 2024 LiveLaw (Mad) 25

Amala Paul v Deputy Superintendent of Police and another, 2024 LiveLaw (Mad) 26

VA Anand v State Information Commission and Others, 2024 LiveLaw (Mad) 27

Dr A Paramasivan v State, 2024 LiveLaw (Mad) 28

Info Edge (India) Ltd. v Google India Ltd and Others (batch cases), 2024 LiveLaw (Mad) 29

R Jaganathan v State and Others, 2024 LiveLaw (Mad) 30

M Yogamagi v The Secretary to the Government and Others, 2024 LiveLaw (Mad) 31

R Raja v Government of Puducherry and Others, 2024 LiveLaw (Mad) 32

REPORT

Trial Judges Adjourning Cases At Counsel's Request To Earn Good Name In Bar, Not Following Supreme Court Guidelines: Madras High Court

Case Title: Selvam @ Selvakumar and others v The Inspector of Police

Citation: 2024 LiveLaw (Mad) 21

The Madras High Court recently observed that the trial courts were not following the guidelines issued by the Supreme Court in 2014-2016 dealing with witness examination. The court remarked that some trial judges were not following the guidelines laid down by the Supreme Court but were adjourning cases at the request of the counsels appearing for the accused to earn a good name at the bar.

Justice Sathi Kumar Sukumara Kurup was dealing with a petition filed under Section 482 CrPC to set aside an order of the Sessions Judge, Fast Track Mahila Court, Sivagangai The Sessions judge had dismissed a petition filed by the petitioners to recall some witnesses.

Husband Not Including Wife And Children In Service Register, Denying Financial Assistance Is 'Cruelty': Madras High Court

Case Title: ABC v XYZ

Citation: 2024 LiveLaw (Mad) 22

The Madras High Court recently observed that a husband who was not interested in living with his wife and children by not giving them any financial assistance and not including their names in the Railway Service register would be committing cruelty.

Justice RMT Teekaa Raman and Justice PB Balaji were dealing with an appeal preferred by a wife challenging a Family Court order granting divorce to the husband on the ground of irretrievable breakdown of marriage.

The court however noted that none of the reasons stated by the husband were proved as per law and in fact, the wife was able to show that it was the husband who had not discharged his duties even while the wife was willing to lead a peaceful life.

Madras High Court Directs National Medical Commission To Give Eligibility Certificate To Foreign Graduate, Says English Not Mandatory Subject

Case Title: Ouwshitha Surendran v National Medical Commission and Others

Citation: 2024 LiveLaw (Mad) 23

The Madras High Court has recently directed the National Medical Commission (NMC) to grant an eligibility certificate to a Foreign Medical Graduate and register her as a Medical Practitioner if there is no other impediment. The NMC had earlier rejected the eligibility certificate on the grounds that she had not studied English as a subject.

The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy was hearing an appeal by the graduate, Ouwshitha Surendran, against a single-judge order holding her ineligible as per the rules. The court however noted that Ouwshitha qualified as per Regulation 4(2)(a) of the Graduate Medical Education Regulations, 1997 since she had undergone all her education till her MBBS Degree in English Medium which was not less than the core course of English as prescribed by NCERT.

Income Tax Act | Penalty U/S 271E Cannot Be Levied On Repayment Of Loan In Absence Of Cash Transaction: Madras HC

Case Title: Anamallais Bus Transports P Ltd verses The Principal Commissioner of Income Tax

Citation: 2024 LiveLaw (Mad) 24

While observing that transaction pertaining to loan between two concerns wherein the liability of borrower stood reduced in the books of accounts to an extent of payment made to clear the liability of assessee appears to be in accordance with law, the Madras High Court ruled that penalty under Section 271E of Income tax Act, 1961 cannot be levied on repayment of loan in absence of cash transaction.

The High Court made it clear that the question of dealing with cash transaction does not arise and therefore penalty under Section 271E cannot be levied.

There Can Be No Limitation For Filing Application For Compounding Of Offence Contrary To Sec 279(2) Of I-T Act: Madras High Court

Case Title: Jak Communications Private Limited Verses Chief Commissioner of Income Tax (TDS)

Citation: 2024 LiveLaw (Mad) 25

Remarking that there cannot be any restriction/limitation for filing application for compounding of offence contrary to Section 279(2) of the Income tax Act, 1961, the Madras High Court quashed the order rejecting application for compounding of offences filed by the assessee and its directors on the ground that the same is filed beyond the period of 12 months as prescribed in CBDT Circular dated Sep 16, 2022.

At the same time, the High Court clarified that the limitation period in the CBDT Circular is directory, not mandatory, and thus cannot bind the assessee or the Writ Court.

Madras High Court Sets Aside Bail Granted To Bhavninder Singh In Cheating Case By Actress Amala Paul

Case Title: Amala Paul v Deputy Superintendent of Police and another

Citation: 2024 LiveLaw (Mad) 26

The Madras High Court has set aside the bail granted to actress Amala Paul's ex-partner Bhavninder Singh in a cheating case filed by the actress.

Asking Bhavninder to surrender before the Investigating Agency, Justice CV Karthikeyan observed that the bail order had impeded the investigation as it did not impose any conditions. The court added that if the orders are passed to scuttle further investigation, the entire criminal justice system will fail and fall.

Wife Entitled To Know Husband's Salary Details To Make A Rightful Claim Of Maintenance: Madras High Court

Case Title: VA Anand v State Information Commission and Others

Citation: 2024 LiveLaw (Mad) 27

The Madras High Court recently upheld an order of the State Information Commission directing an employer to furnish the salary information of an employee sought by his wife.

Justice GR Swaminathan observed that when the matrimonial proceedings were pending between the husband and the wife, the quantum of maintenance would depend upon the husband's salary and the wife could make a rightful claim only when she knew the details of the salary.

Hasty Justice Not Alternative To Delayed Justice, Speedy Trial Should Not Be At The Cost Of Discouraging The Defence: Madras High Court

Case Title: Dr A Paramasivan v State

Citation: 2024 LiveLaw (Mad) 28

The Madras High Court recently observed that though the legal principle of justice delayed is justice denied is well established, however, hasty justice is not preferred over delayed justice.

Justice AD Jagadish Chandira was dealing with the plea of a man seeking transfer of the trial against him. The petitioner apprehended that his case would not be considered fairly after the trial judge refused to postpone the trial in light of the petitioner's medical condition.

The court remarked that while eliminating the delay in the disposal of criminal cases, due care needs to be taken to prevent undue speed and haste as the same would result in unfair play. The court added that the case of the defence should not be discouraged while attempting to expedite criminal trials.

Madras High Court Dismisses Appeals By Indian Startups Against Google's New Billing Policy

Case Title: Info Edge (India) Ltd. v Google India Ltd and Others (batch cases)

Citation: 2024 LiveLaw (Mad) 29

The Madras High Court on Friday dismissed the appeals preferred by 13 Indian companies challenging Google's new billing policy.

The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu, however, allowed an earlier interim protection against delisting to continue for 3 weeks, following which the protection would exhaust.

In August last year, a single judge had dismissed 14 petitions by Indian startups challenging the new user choice billing system by Google. The single judge had observed that the matter falls within the jurisdiction of the Competition Commission of India and that the remedy available under the Competition Act is much more comprehensive than that available before a civil court. The court added that the pleas are barred by Section 61 of the Competition Act which expressly forbids civil courts from hearing any lawsuit or action that the Commission is authorized to decide.

Madras High Court Stays Investigation Against Periyar University VC, Says Prosecution Instituted With Ulterior Motive

Case Title: R Jaganathan v State and Others

Citation: 2024 LiveLaw (Mad) 30

The Madras High Court has stayed the ongoing investigation against the Vice Chancellor of Periyar University, R Jaganathan, in an alleged case of fund misappropriation.

Justice Anand Venkatesh stayed the investigation pending the disposal of a plea by Jaganathan to quash the FIR against him. The court opined that the allegations in the FIR did not constitute an offence. After considering the materials, the court also opined that the prosecution was instituted with an ulterior motive.

[Compassionate Appointment] Family Pension Of Deceased Employee Need Not Be Considered Assessing Family's Income: Madras High Court

Case Title: M Yogamagi v The Secretary to the Government and Others

Citation: 2024 LiveLaw (Mad) 31

The Madras High Court recently observed that as per a Government Order issued by the Labour and Employment Department, the family pension of a deceased employee need not be considered while assessing the income of the family while considering an application for compassionate appointment.

Justice L Victoria Gowri was hearing a plea challenging the rejection of compassionate appointment. The court also noted that as per the Government Order, when a person in the family of the deceased was employed before the death but was living separately without extending any financial assistance, the same would not come in the way of giving compassionate appointment.

Ram Mandir Consecration | Madras HC Closes Plea Challenging JIPMER Hospital's Half-Day Closure On 22nd Jan Upon Noting Emergency Services Would Be Unaffected

Case Title: R Raja v Government of Puducherry and Others

Citation: 2024 LiveLaw (Mad) 32

The Madras High Court today held a special sitting to hear a plea challenging the half-day closure of Jawaharlal Institute of Postgraduate Medical Education & Research, Puducherry on account of the Ram Mandir Pran Pratishtha Ceremony to be held in Ayodhya tomorrow.

The Court disposed of the PIL upon noting the Union's submission that the hospital would remain sufficiently staffed and accept emergency cases even during the half-day closure.

A division bench of Chief Justice SV Gangapurwala and Justice Bharata Chakravarty had assembled for a special Sunday hearing to hear a plea by the petitioner challenging a circular issued on 19th January through an Office Memorandum by the Union Ministry of Personnel, Public Grievances, and Pension, declaring that JIPMER Hospital in Puducherry would observe a half-day and be functional only from 2:30 pm on Monday 22nd January on account of the Ram Mandir Pran Pratishtha Ceremony to be held in Ayodhya.