Madras High Court Weekly Round-Up: January 10, 2022 To January 16, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.1. SpiceJet Vs Credit Suisse AG- Madras High Court Dismisses Appeal Against Airline's Admission Of Winding Up Case Title: SpiceJet Limited v. Credit Suisse AG Citation: 2022 LiveLaw (Mad) 11 Madras High Court has dismissed the appeal preferred by SpiceJet against a single-judge bench order for admission of its winding up on Credit Suisse AG's Company Petition. After hearing the counsels appearing for SpiceJet and Credit Suisse at length, a Division Bench of Justices Sathi Kumar Sukumara Kurup and Paresh Upadhyay noted in the order that the Original Second Appeals are dismissed and the Connected Civil Miscellaneous Petitions are accordingly disposed off. Since the stay on the operation of the impugned order is till today, the bench agreed to extend the application of stay order till 28th January so as to afford the appellant an opportunity to approach the Supreme Court. The grievances of the appellant airlines and the issues framed by the court were pertaining to the alleged errors in the single judge bench order that does the following: (i) admission of the winding-up petition, which is filed invoking Sections 433 (e) and (f) of the Companies Act, 1956, and (ii) appointment of the Official Liquidator, High Court of Madras as Provisional Liquidator. 2. Adolf Hitler Was A Vegetarian, Hated Animal Cruelty; Man Can't Be Judged By Outer Appearance: Madras High Court While Upholding Death Penalty Case Title: The State Represented By Deputy Superintendent of Police v. Samivel @ Raja Citation: 2022 LiveLaw (Mad) 12 In a case arising out of aggravated sexual assault and cruel murder of a 7-year-old child from a marginalised community, the Madurai Bench of Madras High Court has upheld the death sentence imposed on the culprit by the trial court. A Division Bench of Justice S. Vaidyanathan and Justice G. Jayachandran confirmed the death sentence of the accused made by Mahila Court, Pudukottai. The bench held that the brutality of the attack, the barbaric manner in which the deceased child was murdered and the mental agony undergone by the parents makes it one of the 'rarest of rare' cases. The court added that it necessitates the imposition of death sentence, since no other sentence including life imprisonment will be adequate. The accused was booked for offences under Sections 364, 376, 302, 201 IPC r/w 5(m), 5(j)(iv) and 6 (1) of POCSO Act as well as 3(2)(V) of SC/ ST Act. The case of the prosecution was that the accused developed a friendship with the child belonging to the Scheduled Castes Community and used it to fulfil his sexual desires. "It is pertinent to mention here that everyone's mind contains a liar, a cheat and a sinner and a man cannot be judged by his outer appearance, as Adolf Hitler, who ordered the execution of some eight million people and was responsible for the deaths of many millions more, hated cruelty to animals and was a vegetarian. If a person like the accused herein is allowed to survive in this world, he will definitely pollute the mind of other co-prisoners, who will be at the verge of release from jail in which he is confined. When the attitude of a man turns into the one of a beast, having no mercy over other creatures, he should be punished and sent to the eternal world", the court noted in the order. 3. 'Publicity' Under Garb Of PIL: Madras High Court Dismisses Plea To Keep TASMAC Liquor Shops Closed On Public Holidays Case Title: B. Ramkumar Adityan v. The Chief Secretary & Ors. Citation: 2022 LiveLaw (Mad) 13 In a plea seeking directions to keep the TASMAC liquor shops closed during public holidays, the Madras High Court has criticized the practice of advocates filing public interest litigations for 'publicity'. The Bench however refrained from imposing cost and the plea was dismissed as withdrawn. The petitioner, Advocate B. Ramkumar Adityan, had sought appropriate directions from the High Court to the state government for declaring Pongal, Christmas, Thai Poosam, Republic Day, etc. as 'dry days'. "Festive mode has become a tragic mode", said the petitioner referring to the untoward incidents allegedly on account of alcohol consumption in those days. 4. Petitioner Cannot File Writ Petition Before Exercising Remedy U/S 17 Of SARFAESI Act; Madras High Court Case Title: R. Ganesan v. M/s. ASREC (India) Limited Citation: 2022 LiveLaw (Mad) 14 The Madras High Court, in a Bench comprising of Justice M. Duraiswamy and Justice Sathya Narayan Prasad in R. Ganesan v. M/s. ASREC (India) Limited has reiterated the legal position and dismissed the writ petition filed by the Petitioner due to non-exercise of alternate remedy of appeal under Section 17 of the SARFAESI Act. As per the terms of Section 17, an appeal can be filed to the Debt Recovery Tribunal within 45...

Madras High Court Weekly Round-Up: January 10, 2022 To January 16, 2022

Sebin James

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