Madras High Court Weekly Round-Up: August 29 2022 To September 04 2022

Citations: 2022 LiveLaw (Mad) 374 To 2022 LiveLaw (Mad) 383

NOMINAL INDEX

Kiruthika Jayaraj and others v. State, 2022 LiveLaw (Mad) 374

M/s Gupta Hair Products (P) Ltd. Versus The Deputy Director General of Foreign Trade, 2022 LiveLaw (Mad) 375

V Kannan v State, 2022 LiveLaw (Mad) 376

Woodlands Theatres v. State of Tamil Nadu, 2022 LiveLaw (Mad) 377

Dr. P R Subaschandran v. State and others, 2022 LiveLaw (Mad) 378

E Palaniswamy v. O Paneerselvam, 2022 LiveLaw (Mad) 379

K. Samad & Anr. versus Reliance Capital Limited, 2022 LiveLaw (Mad) 380

S. Annapoorni v. K Vijay, 2022 LiveLaw (Mad) 381

The Assistant Commissioner of GST & Central Excise Versus M/s.Ganges International Private Limited, 2022 LiveLaw (Mad) 382

M/s. Sunwin Papers versus M/s. Sivadarshini Papers Pvt. Ltd., 2022 LiveLaw (Mad) 383

REPORT

1. [Kallakurichi Student Death] Unfortunate That Teachers Are Being Arrested For Asking Students To Study Well: Madras High Court

Case Title: Kiruthika Jayaraj and others v. State

Citation: 2022 LiveLaw (Mad) 374

The Madras High Court recently granted bail to two teachers, school principal, school management correspondent and secretary in connection with the death of a XIIth standard student in Kallakurichi.

Justice GK Ilanthiraiyan observed that there was no evidence to show that the girl had been tortured before her death. Even going by the suicide note, there was no evidence to implicate the teachers as they had merely asked the student to study well.

Regretting the recent events, the court also opined that teachers asking the students to study well and directing them to tell the equations was part and parcel of teaching and would not amount to abetment to suicide.

2. Exporter Can't Be Deprived Of MEIS Benefits Due To Technical Error In Electronic System: Madras High Court

Case Title: M/s Gupta Hair Products (P) Ltd. Versus The Deputy Director General of Foreign Trade

Citation: 2022 LiveLaw (Mad) 375

The Madras High Court has held that due to technical error or lacunae in the electronic system, the petitioner/exporter cannot be deprived of its benefit/incentive under the Merchandise Export from India Scheme (MEIS).

The single bench of Justice Abdul Quddhose has directed the department to consider the petitioner's representation seeking to get the benefit under the MEIS for the subject shipping bill and pass orders within a period of six weeks.

3. "It Has Become A Fashion To Make Such Comments": Madras HC Grants Conditional Bail To Stunt Master Kanal Kannan

Case Title: V Kannan v State

Citation: 2022 LiveLaw (Mad) 376

The Madras High Court on Thursday granted conditional bail to Hindu Munnani office bearer and stunt master Kanal Kannan for his remarks seeking to demolish the statur of Periyar outside Srirangam temple. The court while granting bail, however, criticised the recent trend of making such remarks. The court stated that it had become a fashion to make such comments.

Justice GK Ilanthiraiyan granted him bail on condition that he shall file an affidavit before the Egmore Court guaranteeing that he will not make any such statements in the future. He has also been directed to appear before the police two times for a period of four weeks.

4. TN Govt Prescribed "Very Low" Parking Fees In Cinema Theaters: High Court Quashes GO

Case Title: Woodlands Theatres v. State of Tamil Nadu

Citation: 2022 LiveLaw (Mad) 377

The Madras High Court recently found that the charges fixed by Tamil Nadu government for parking in cinema theaters is "very low" and directed the State to re-fix the same, keeping in view the fees levied by Municipal Corporations and Railway authorities.

Rule 91(B) of Tamil Nadu Cinemas Regulation Rules 1957 to empower states to fix parking charges for the vehicles parked in the cinema theatres in the state. The petitioner theatre had challenged the fee fixation claiming that parking rates for all other places except cinema theatre was higher.

5. Sports & Physical Activities Integral To Education, All Schools Must Have Playgrounds: Madras High Court

Case Title: Dr. P R Subaschandran v. State and others

Citation: 2022 LiveLaw (Mad) 378

While disposing of a petition seeking to frame a set of guidelines for proper instruction of physical education in public and private schools, the Madras High Court stressed on the need for physical education in schools.

The court directed the state to constitute a committee to monitor and ensure that physical education is given due importance and requisite infrastructure in all schools is made available.

The committee shall be constituted by the Government within one month and shall be headed by the Secretary to the Government, School Education Department. The committee shall identify the schools not having requisite infrastructure for imparting physical education and ensure physical education is given necessary importance.

6. Madras High Court Sets Aside Single Judge Order Restoring Status Quo Ante As On 23rd June In AIADMK

Case Title: E Palaniswamy v. O Paneerselvam

Citation: 2022 LiveLaw (Mad) 379

The Madras High Court on Friday set aside the order of a single judge restoring the status quo ante in the AIADMK party as on 23rd June, 2022.

The bench of Justice M Duraiswamy and Justice Sunder Mohan passed the orders allowing an appeal preferred by Edappadi Palaniswamy.

Further, the court held that when majority of the General Council members, who were elected by the primary members, were in favour of convening a general council meeting on 11th July and had also supported the resolutions made on 23rd June, the balance of convenience was in favour of the appellants.

7. Section 8 Of A&C Act Falls Outside The Scope Of Section 42: Madras High Court Reiterates

Case Title: K. Samad & Anr. versus Reliance Capital Limited

Citation: 2022 LiveLaw (Mad) 380

The Madras High Court has reiterated that Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) is an exception to Section 42 of the A&C Act. The Court added that if Section 8 is also brought within the ambit of Section 42, it would defeat the sublime philosophy underlining arbitration i.e., party autonomy.

The Single Bench of Justice M. Sundar ruled that a party has no choice of jurisdiction while filing a Section 8 application, and that it is a Hobson's choice for it since it is constrained to file an application under Section 8 in the Civil Court where the civil suit has been filed by the opposite party.

8. Madras High Court Full Bench Rules In Favour Of Original Jurisdiction Of High Court For Hearing Child Custody Cases

Case Title: S. Annapoorni v. K Vijay

Citation: 2022 LiveLaw (Mad) 381

The Madras High Court on Friday ruled in favour of original jurisdiction of High Court for hearing child custody and guardianship cases in a 3:2 majority decision.

Justice R Mahadevan, Justice M Sunder and Justice AA Nakkiran delivered the majority judgment and held that the jurisdiction of the High Court on original side is not ousted in view of explanation (g) to Section 7(1) of the Family Courts Act. They further observed that the judgement in Mary Thomas continued to be a good law.

Justice PN Prakash and Justice Anand Venkatesh however ruled against original jurisdiction of High Court and held that Mary Thomas was not a good law.

9. Assessee Entitled To Avail Cenvat Credit Of Service Tax Already Paid During Transitional Period: Madras High Court

Case Title: The Assistant Commissioner of GST & Central Excise Versus M/s.Ganges International Private Limited

Citation: 2022 LiveLaw (Mad) 382

The Madras High Court, consisting of Justice R. Ramdevan and Justice Mohammed Shaffiq, has held that the assessee is entitled to avail cenvat credit of the service tax already paid but the assessee was unable to claim due to a transitional provision that has come into effect from 01.07.2017.

The court directed the appellant to consider the application of the assessee under section 142(3) of the CGST Act, 2017, based on the available materials on merits and after affording an opportunity of hearing to the assessee, within a period of six weeks.

10. Order Under Section 16 Of A&C Act Which Results In Conclusion Of Arbitral Proceedings- Can Be Challenged Under Section 34: Madras High Court

Case Title: M/s. Sunwin Papers versus M/s. Sivadarshini Papers Pvt. Ltd.

Citation: 2022 LiveLaw (Mad) 383

The Madras High Court has ruled that if an order passed by the Arbitral Tribunal under Section 16 of the Arbitration and Conciliation Act, 1996 (A&C Act), of ruling on its own jurisdiction, has the effect of concluding the arbitral proceedings, the same would be challengeable under Section 34 of the A&C Act.

The Single Bench of Justice M. Sundar held that since registration under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) is not compulsory, the order passed by the Arbitral Tribunal accepting the plea of lack of jurisdiction due to the non-registration of the claimant under the MSMED Act, is patently illegal and in conflict with the public policy of India.

OTHER DEVELOPMENTS

1. Right To Appeal Accrues On Date Of Institution Of Suit: Madras HC Entertains Appeal Arising Out Of Claim Filed Prior To Motor Vehicle Amendment Act

When the Madras High Court registry put forward a query as to whether appeals whose value was less than one lakh rupees could be entertained in view of the amendment brought in by the Motor Vehicles Amendment Act 2019, Justice PT Asha observed that the right to appeal accrued on the date of filing the claim petitions and therefore the amendment was not applicable to claims filed prior to the amendment.

2. Litigant Moves Madras HC Seeking Removal Of Former CM Karunanidhi's Photos From Govt Websites, Ads

A litigant, S Venkatesh has recently moved the Madras High Court seeking to declare display of photos of former CM Karunanidhi on government websites, advertisements, posters and banners as illegal.

When the matter came up for hearing today, the bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala adjourned the proceedings while directing the petitioner to submit translated copies of the documents annexed.

He has contended that displaying of the photo of a former CM in the Government websites and web portals of Government Department institutions, which are owned by Government, is against the spirit of constitutional democracy.

3. Contempt Case : Savukku Shankar Tells Madras High Court That He Stands By His Statement On Corruption In Judiciary

Youtuber Savukku Shankar on Thursday appeared before the Madras High Court (Madurai Bench) in the contempt case against him and said that he stood by his statement that the entire judiciary is riddled with corruption. He made the submission before a bench of Justice GR Swaminathan and Justice B Pugalendhi.

The case has been adjourned to September 8 after Shankar sought time to file counter.

4. TN Bar Council Suspends Practice Of Six Lawyers For Various Offences

The Bar Council of Tamilnadu and Puducherry recently suspended the practice of six lawyers considering their involvement in various offences.

The notification dated 1st September 2022 issued a prohibitory order against the advocates from practicing in any court, tribunals, or any other authorities.

Of the six advocates, three have criminal cases pending against them with one also being prosecuted under the POCSO Act. One advocate had suppressed the fact that he was working as a Government School teacher in Kohima at the time of enrollment. The other two lawyer had threatened certain individuals to grant recognition to their lnhabitants Puducherry Advocates' Welfare Association.

5. Media Should Show Sense Of Responsibility While Publishing News: Madras High Court In Kallakurichi Student Death Case

The Madras High Court recently emphasised that media should show some sense of responsibility while publishing the news, especially with regard to children. The remarks were made by Justice N Satish Kumar while considering the progress made by the investigation team in the Kallakurichi student death and the consequent violence.

The court also highlighted that freedom of speech should not be used to spread falsity and instead, social media should be conscious of its duty to the citizens and should share only genuine news.

6. Notify Rules For Transgender Rights, Sensitise Teachers To Needs Of Queer Children : Madras High Court To State

The Tamil nadu government on Friday informed the Madras High Court that the policy for protection of rights of transgender persons is at its final stage and that all steps will be taken to implement the policies at the earliest.

The bench of Justice Anand Venkatesh has thus granted a further 12 weeks' time to the State notify the Transgender Persons (Protection of Rights) Rules.