Madras High Court Weekly Round-Up: May 01 to May 07

Citations: 2023 LiveLaw (Mad) 133 To 2023 LiveLaw (Mad) 137

NOMINAL INDEX

Sundaresan Suresh Kumar Versus Assessment Unit, 2023 LiveLaw (Mad) 133

BR Aravindakshan v. Union of India and others, 2023 LiveLaw (Mad) 134

M/s. Prime Store and others v. Sugam Vanijya Holdings Private Limited and others, 2023 LiveLaw (Mad) 135

Jayaraman TM v The National Commission for Scheduled Castes and others, 2023 LiveLaw (Mad) 136

Ilavarsan v The Superintendent of Police and Others, 2023 LiveLaw (Mad) 137

REPORTS

Assessee Was Given Only 13 Hours Time To Reply To The Show-Cause Notice: Madras High Court Quashes Assessment

Case Title: Sundaresan Suresh Kumar Versus Assessment Unit

Citation: 2023 LiveLaw (Mad) 133

The Madras High Court has quashed the assessment as the assessee was given only 13 hours to reply to the show-cause notice.

The bench of Justice M. Dhandapani has directed the department to consider the matter afresh and, after providing an opportunity to the petitioner, pass appropriate orders within a period of four weeks.

The court observed that the second show cause notice was issued to the petitioner on March 27, 2023, at 19.10 p.m., and the petitioner was given time to respond until 9.00 a.m. on March 28, 2023, a clear violation of natural justice principles.

Madras High Court Dismisses PIL Seeking Ban On 'The Kerala Story' Movie, Says Can't Assume It Will Create Problems

Case Title: BR Aravindakshan v. Union of India and others

Citation: 2023 LiveLaw (Mad) 134

The Madras High Court on Thursday dismissed a Public Interest Litigation seeking ban on the release of the multilingual movie, "The Kerala Story".

BR Aravindakshan, a Chennai-based journalist had filed the petition stating that the movie will affect the country's sovereignty and unity causing disturbance to the public order. He contended that the movie was an intentional attempt to portray the State of Kerala as a terrorist-supporting state. He also submits that if the movie is allowed to be released, it'll be a humiliation to the entire country as it'll create an impression that India is a country that produces terrorists.

When the case was taken up today, the vacation bench of Justice AD Jagadish Chandira and Justice C Saravanan dismissed the PIL after observing that the Kerala High Court and the Supreme Court had already dealt with the issue regarding the release of the movie. The court also asked the petitioners how they could assume that the movie would create law and order problems without watching the movie.

Provisions Regarding Appointment And Disqualification Of Arbitrator Are Mandatory, Will Apply To Retired Judges As Well: Madras High Court

Case Title: M/s. Prime Store and others v. Sugam Vanijya Holdings Private Limited and others

Citation: 2023 LiveLaw (Mad) 135

The Madras High Court has recently held that the provisions for disqualification for appointment as arbitrator under the Seventh Schedule of the Arbitration and Conciliation Act would be applicable to any person, including a retired judge. The court noted that the provisions with respect to ineligibility and disqualification are mandatory and non-derogable.

Justice Krishnan Ramasamy thus set aside an arbitral award that was passed by a sole arbitrator unilaterally appointed by one of the parties to the dispute.

National Commission For Scheduled Caste Has Powers Of Civil Court But Cannot Pass Interim or Permanent Injunction Orders: Madras High Court

Case Title: Jayaraman TM v The National Commission for Scheduled Castes and others

Citation: 2023 LiveLaw (Mad) 136

The Madras High Court recently reiterated that though under Article 338(8) of the Constitution, the National Commission For Scheduled Caste enjoys the powers of a civil court, it does not have the powers to grant temporary or permanent injunction.

The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy noted that the law in this regard has already been discussed by the Supreme Court in the case of All India Indian Overseas Bank SC and ST Employees' Welfare Association and others wherein it has been held that when the commission is not specifically granted powers to issue an injunction, it cannot not pass an order as such.

Take Disciplinary Action Against Lawyers Issuing Fake Marriage Certificates: Madras High Court To State Bar Council

Case Title: Ilavarsan v The Superintendent of Police and Others

Citation: 2023 LiveLaw (Mad) 137

The Madras High Court has directed the Bar Council of Tamil Nadu to initiate disciplinary action against lawyers who are conducting marriage ceremonies in their offices and issuing fake marriage certificates.

Noting that marriages performed by Advocates in their office are not valid marriages, the bench of Justice M Dhandapani and Justice R Vijayakumar held that the same have to be registered under the Tamil Nadu Registration of Marriages Act, 2009 and the parties have to physically appear before the Registrar.