'National Security Policy Can't Be Stalled On Technicalities': Madras High Court Upholds Conversion Of Ordnance Factories Into Defence PSUs

The Madras High Court recently dismissed a petition filed against the decision of the Union Government's decision to convert production units of Ordnance Factory Board into seven Defence Public Sector Units. The bench of Justice R Suresh Kumar and Justice Hemant Chandanagoudar rejected the argument put forward by the employees' association that the decision was made even before...

Petition U/S 34 A&C Act Filed With Deficit Court Fee Is Non-Est Unless Paid Within Limitation Period: Madras High Court

The Madras High Court held that filing of a petition with deficit court fee does not amount to proper presentation. If the entire court fee is not deposited within the limitation period under section 34(3) Arbitration and Conciliation Act, 1996 (Arbitration Act), the court is divested of its power to condone the delay. Justice N. Anand Venkatesh held that "filing of a petition...

Test Of Prejudice Irrelevant When Tribunal Is Constituted Without Consent Of JV Partner: Madras High Court Sets Aside Arbitral Award

The Madras High Court set aside an arbitral award passed against M/s Nilakantan & Brothers Constructions Pvt. Ltd. (“the petitioner”) on the ground that since the arbitral tribunal was constituted without obtaining the consent of a Joint Venture Partner, it lacked jurisdiction. The court further held that the appointment cannot be validated merely on the ground that no...

Grandparents Executing Adoption Deed On Behalf Of Unmarried Daughter Is Valid If Done With Her Consent: Madras High Court

The Madras High Court recently held that in case of adoption of an unmarried woman's child, an adoption deed executed by the grandparents would be valid, when it is shown that the mother had concurred to such adoption. “The mere fact that the grandparents of the child had executed the adoption deed alone cannot make the adoption deed invalid so long as the adoption deed was...

Document Presenter Can't Avoid Stamp Duty By Withdrawing Instrument Before Registration: Madras High Court

The Madras High Court recently held that a presenter of a document for registration cannot seek its return without paying the deficit stamp duty decided by the registering authority or the collector. The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq noted that, as per the provisions of the Indian Stamp Act and the registration Rules, when a document or instrument...

Offence Purely Personal: Madras High Court Quashes POCSO Case Against Man Who Married 17 Year Old Girl

The Madras High Court has quashed a case against a man under the Protection of Children from Sexual Offences Act, for allegedly committing sexual assault on a minor girl. Justice N Sathish Kumar relied on the decisions of the Supreme Court, where the court had laid down guidelines that must be taken into consideration by the courts while quashing non-compoundable offences. As per...

'Judge Expressing Strong Opinion In Hearing Doesn't Mean Prejudice': Madras High Court Judge Refuses To Recuse From Madras Race Club Case

Justice SM Subramaniam of the Madras High Court recently refused to recuse from a case initiated by the State of Tamil Nadu against the Madras Race Club. The Club had sought Justice Subramaniam's recusal citing his "adverse findings" in another case involving the Club.The judge said that if such requests were allowed, it would pave the way for forum shopping or bench hunting and would...

Principles Of Natural Justice Are Non-Negotiable In Arbitral Proceedings Even If Tribunal Is Comprised Of Lay Persons: Madras High Court

The Madras High Court, while setting aside an arbitral award, has observed that despite the arbitral Tribunal comprising elder family members, who are lay persons and not well-trained legal minds, the principles of natural justice have to be followed. If an award is passed without giving an opportunity to either of the sides to present their case, the same would violate...

Customs Authorities Lack Jurisdiction To Issue Directions Under GST Law: Madras High Court

The Madras High Court recently held that Customs authorities have no jurisdiction to issue directions under the Goods and Services Tax (GST) law. The Court struck down a February 2021 public notice issued by the Chennai Customs that sought to regulate the GST treatment on auctioned cargo.A single bench of Justice N Anand Venkatesh ruled that such powers lie exclusively with authorities...

Madras High Court Orders Three Police Officers To Pay ₹10 Lakh Compensation To Man They Framed In Drugs Case

The Madras High Court has directed three police officers who entered an "unholy alliance" to secure conviction of a man under the Narcotic Drugs and Psychotropic Substances (NDPS) Act using false evidence, to pay Rs. 10 Lakh as compensation.Justice KK Ramakrishnan noted that the man was in custody since the date of his arrest, without bail."Therefore, in this case the appellant deserves to...

Deliberate Non-Participation In Arbitral Proceedings Not Grounds To Resist Enforcement Of Award: Madras High Court

The Madras High Court bench of Justice N Anand Venkatesh has observed that when a party purposely fails to avail an opportunity duly accorded by the Arbitral Tribunal to present its case, it cannot later use its own default as a ground to resist enforcement of the resultant award. Facts The Petitioner, M/s Vittera BV (“Vittera”) filed the present petition seeking enforcement...

Customs Brokers Licensing Regulations | 'Offence Report Need Not Be Penal'; 90-Day Period Begins Only Upon Receipt Of Report: Madras High Court

The Madras High Court stated that the offence report under Regulation 17(1) Customs Brokers Licensing Regulations, 2018, need not necessarily have a penal connotation. Also, it stated that the 90-day limitation period begins only upon receipt of the offence report.The bench stated that, "the offence report must be received by the office of the licensing authority, and the limitation period...