Madras High Court Weekly Round-Up: September 25 to October 1, 2023

Citations: 2023 LiveLaw (Mad) 278 To 2023 LiveLaw (Mad) 295 NOMINAL INDEX S Zahir Hussain v The State and Others, 2023 LiveLaw (Mad) 278 C Raja v State and Others, 2023 LiveLaw (Mad) 279 Arulmigu Kalasalingam College of Education v The Appeal Committee, 2023 LiveLaw (Mad) 280 H Kalyan Singh vs. Dr Nirmalkathri and others, 2023 LiveLaw (Mad) 281 M/s. Hotel Saravana Bhavan v. The Additional Chief Secretary, 2023 LiveLaw (Mad) 282 SA Syed Shaik Alaudeen v State and Others, 2023 LiveLaw (Mad) 283 Mr Badhrisheshathiri v State, 2023 LiveLaw (Mad) 284 Kalyani v The Additional Director and Others, 2023 LiveLaw (Mad) 285 Saibunisha (Died) and Another v. State, 2023 LiveLaw (Mad) 286 Mrs. Pista Kanwar v The Inspector of Police and Others, 2023 LiveLaw (Mad) 287 Vinothini v The Additional Chief Secretary to Government, 2023 LiveLaw (Mad) 288 Swamiji v The Chief Secretary and Others, 2023 LiveLaw (Mad) 289 Sri Kamatchi Amman Devasthanam v Department of Hindu Religious Institutions and Wakf, 2023 LiveLaw (Mad) 290 Punjab National Bank v. R Lalitha and Others, 2023 LiveLaw (Mad) 291 Dr. Krithika B v. Additional Chief Secretary, 2023 LiveLaw (Mad) 292 P Arunachalam(Died) and Others v The Deputy Superintendent of Police, 2023 LiveLaw (Mad) 293 BSF Ex-Servicemen Welfare Association v. The District Collector and others, 2023 LiveLaw (Mad) 294 Sangeetha Caterers and Consultants LLP v M/s. Rasnam Foods Pvt Ltd and Others, 2023 LiveLaw (Mad) 295 REPORT Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped Case Title: S Zahir Hussain v The State and Others Citation: 2023 LiveLaw (Mad) 278 While setting aside a preventive detention order made by the State for detention of a lawyer in connection with smuggling under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, the Madras High Court noted that the live and proximate link between grounds of detention and purpose of detention had snapped. Justice M Sundar and Justice R Sakthivel noted that while the proposal was made by the Sponsoring Authority on November 6, 2010, the detention order was made by the Detaining Authority only on December 30, 2010, after nearly eight weeks. Thus, relying on the Supreme Court ruling in Sushanta Kumar Banik Vs. State of Tripura & others, the court observed that the live and proximate link had snapped. Advocates Tend To React Aggressively Due To Profession, Shouldn't Be Prosecuted For It: Madras HC Quashes FIR Against Lawyer For Obstructing Survey Case Title: C Raja v State and Others Citation: 2023 LiveLaw (Mad) 279 While quashing an FIR filed against an advocate for obstructing revenue officials from carrying out a survey, the Madras High Court noted that though the advocate had acted strongly, his intention was not to prevent the Government Officials from performing their duties but to protect and safeguard the rights of his client. Justice Anand Venkatesh also observed that since the legal profession involves fighting for client’s rights, Advocates usually tend to act more aggressively even outside courts. He added that the demeanour of an advocate was always different from that of a layman due to the nature of his work which requires him to react to situations boisteriously. “Students Cannot Be Put To Injury”: Madras High Court Directs Special Exams For Students Admitted In College Without Recognition Case Title: Arulmigu Kalasalingam College of Education v The Appeal Committee Citation: 2023 LiveLaw (Mad) 280 The Madras High Court has directed the Tamil Nadu Teachers Education University to conduct special exams for the students of Arulmighu Kalasalingam College of Education who were admitted in the academic year 2021-2022, while the college did not have recognition. Considering the plight of the students, the bench of Justice SS Sundar and Justice Bharatha Chakravarthy directed the university to conduct the examinations as soon as possible within a period of three months and to declare the results within a further period of two months. The court also directed the college to bear the expenses. The court thus set aside an order of the single judge imposing cost of five lakh on the college saying that the college should suffer the consequences of its actions. Madras HC Junks Plea Challenging Dismissal Of Complaint Against Ex-Congress MP, ABP News Channel Over 'Defamatory' Post On RSS Case title: H Kalyan Singh vs. Dr Nirmalkathri and others Case Citation: 2023 LiveLaw (Mad) 281 The Madras High Court recently dismissed a Revision plea filed against a December 2016 order of the Magistrate Court in Chennai dismissing a complaint filed against former Congress MP Nirmal Khatri and ABP News for posting an alleged defamatory post against an RSS worker. “In the considered view...

Madras High Court Weekly Round-Up: September 25 to October 1, 2023

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