Madras High Court Weekly Round-Up: April 24 To April 30

Citations: 2023 LiveLaw (Mad) 126 To 2023 LiveLaw (Mad) 132

NOMINAL INDEX

XYZ and others v. Kalakshetra Foundation and others, 2023 LiveLaw (Mad) 126

P. Cheran vs M/s Gemini Industries & Imaging Limited, 2023 LiveLaw (Mad) 127

Matrimony.Com Ltd v Alphabet Inc and others, 2023 LiveLaw (Mad) 128

Advantage Strategic Consulting Singapore Private Limited v. Dr. Subramanian Swamy and another, 2023 LiveLaw (Mad) 129

Ziyavudeen Baqavi v. The Union of India, 2023 LiveLaw (Mad) 130

Annadurai v Jaya, 2023 LiveLaw (Mad) 131

Vasuki v The Secretary to Government and Others, 2023 LiveLaw (Mad) 132

REPORTS

Kalakshetra Row | Madras High Court Directs Foundation To Frame Policy Against Sexual Harassment, Constitute Complaints Committee In Schools Run By It

Case Title: XYZ and others v. Kalakshetra Foundation and others

Citation: 2023 LiveLaw (Mad) 126

The Madras High Court has directed the Kalakshetra Foundation to frame a policy against sexual harassment and to constitute a Complaints Committee with respect to its schools, both under the CBSE and the State Board.

The court also directed the foundation to submit the profiles of the members that are presently part of the Internal Complaints Committee (ICC) constituted by the foundation on April 3.

The court further added that the interim protection that was granted to the students against any coercive action by the management for talking about the assault or participating in the Dharna, would also be applicable to the faculty members who came in support of the students.

Party Is Entitled To Challenge Appointment Of Arbitrator In Violation Of Arbitration Act, At Any Stage: Madras High Court

Case Title: P. Cheran vs M/s Gemini Industries & Imaging Limited

Citation: 2023 LiveLaw (Mad) 127

The Madras High Court has ruled that a party is entitled to challenge the appointment of the Arbitrator at any stage, if there is any violation of the provisions of the Arbitration and Conciliation Act, 1996 (A&C Act).

The court remarked that even if the award debtor had participated in the arbitral proceedings or, after having knowledge of the appointment of the sole Arbitrator, had failed to challenge the said appointment in terms of Section 13, the same would not deprive him of the right to challenge the said appointment under Section 34 for violation of the provisions of Section 12(5) of the A&C Act.

The bench of Justice Krishnan Ramasamy held that when the very appointment of the Arbitrator unilaterally, is improper and impermissible by virtue of Section 12(5), the arbitration proceedings are liable to be vitiated from the stage of the appointment of the Arbitrator. Further, a decision by an authority having no jurisdiction is non est in law and its invalidity can be set up whenever it is sought to be acted upon.

Madras High Court Restrains Google From Delisting Bharat Matrimony App From Play Store Over Failure To Accept New Payment Policy

Case Title: Matrimony.Com Ltd v Alphabet Inc and others

Citation: 2023 LiveLaw (Mad) 128

The Madras High Court has temporarily restrained Google from delisting the mobile applications of Matrimony.com Ltd, the parent company of Bharath Matrimony from its Google Play Store.

Justice S Sounthar has passed the interim order in a suit filed by Matrimony.com challenging the new payment policy of Google. Matrimony.Com had sought an injunction restraining Alphabet Inc and other subsidiaries of Google from removing/delisting its matchmaking app from the Google Play Store for its refusal to accept Google's new payment policy. Finding a balance of convenience in favor of Matrimony.com, the court has granted the interim order till June 1.

Madras High Court Allows Foreign Company To Proceed With Defamation Suit Against Subramanian Swamy In Singapore Court

Case Title: Advantage Strategic Consulting Singapore Private Limited v. Dr. Subramanian Swamy and another

Citation: 2023 LiveLaw (Mad) 129

The Madras High Court recently set aside a single judge order restraining Advantage Strategic Consulting Singapore Private Limited from proceeding with a defamation suit against former MP Dr. Subramaniam Swamy in the High Court of Singapore.

The division bench of Justice SS Sundar and Justice PB Balaji noted that the single judge had erred in holding that the company, incorporated and carrying out its operations in Singapore, was amenable to the jurisdiction of the Indian court as it was the subsidiary of an Indian company (which was one of the defendants in the suit by Swamy).

Trial Court Erred In Relying On Wikipedia, Has To Consider Matter Afresh: Madras High Court Sets Aside NIA Court's Order Rejecting Discharge Plea

Case Title: Ziyavudeen Baqavi v. The Union of India

Citation: 2023 LiveLaw (Mad) 130

While setting aside an NIA Court's order rejecting the discharge plea of a man accused under the Unlawful Activities Prevention Act (UAPA), the Madras High Court has reiterated that courts should refrain from using crowd-sourced websites such as Wikipedia in legal dispute resolution.

The division bench of Justice M Sundar and Justice Nirmal Kumar relied on the decision of the Supreme Court in Acer India case and Hewlett Packard case where the Apex court has cautioned against courts using sources like Wikipedia in legal dispute resolution.

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court

Case Title: Annadurai v Jaya

Citation: 2023 LiveLaw (Mad) 131

The Madras High Court recently held that a mother is entitled to claim the arrears of maintenance that accrued to her deceased daughter before her death. The court noted that arrears of maintenance was the property of the deceased daughter and after her death, her mother, being a legal guardian, is entitled to this property.

Justice V Sivagnanam thus dismissed the criminal revision petition filed by the ex-husband of the deceased daughter challenging the order of the Judicial Magistrate wherein the court allowed the mother to be impleaded to collect the arrears of maintenance.

Madras High Court Directs State To Meet Expenses Of Child Born To Woman After Failed Tubectomy

Case Title: Vasuki v The Secretary to Government and Others

Citation: 2023 LiveLaw (Mad) 132

The Madras High Court recently directed the state government to compensate a woman who had given birth to a third child after a failed tubectomy procedure. The court also directed the State to give free education to the third child in Government or Private school and to pay a sum of Rs 10000 per month to meet the expenses of the child.

Justice B Pugalendhi observed that Family Planning was a national program implemented by the Government and that it was the duty of medical officers to implement the scheme.

OTHER DEVELOPMENTS

Summer Dress Code: Madras High Court Makes Black Robes Optional For Advocates Between April To June Every Year

The Madras High Court has said that wearing of gowns for lawyers would be optional between April 1 and June 30 of every year. Collar bands and black coats are however still compulsory, the Registrar General said in a circular.

The circular has also been sent to all courts and tribunals across the State to provide respite to the lawyers in the scorching summer heat.

Wives Say Men Are Wasting Money, State Says Act Is To Protect People; So How Can We Interfere? Madras High Court On Prohibition Of Online Gambling

Case Title: All India Gaming Federation v State and others

Case No: WP 13203 of 2023

While challenging the Tamil Nadu Prohibition of Online Gambling and Regulation Of Online Games Act 2022, the online gaming companies in Madras High Court on Thursday questioned why only games like Rummy were being banned in the name of “social evil” when other and bigger social evils like drinking and lottery also exist in the state.

Senior Advocate Abhishek Manu Singhvi, representing Gamesrakft Technologies Private Limited, was replying to a query from the division bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy which asked why the State should not bring in a law banning online gaming when there are people dying in the country.