Madras High Court Weekly Round-Up: August 8 To August 14, 2022

A weekly round-up of important cases from Madras High Court. Citations: 2022 LiveLaw (Mad) 339 To 2022 LiveLaw (Mad) 349 NOMINAL INDEX Karthika Agencies Export House v. The Commissioner of Police and others, 2022 LiveLaw (Mad) 339 C Jagadeesan v. Additional Director General of Police and another, 2022 LiveLaw (Mad) 340 Kannan v. State rep. by the Deputy Superintendent of Police and others, 2022 LiveLaw (Mad) 341 J Thennarasu v. Anita Nalliah (and other connected cases), 2022 LiveLaw (Mad) 342 Aravinth and others v. State, 2022 LiveLaw (Mad) 343 Natchal vs. V Chokkalingam, 2022 LiveLaw (Mad) 344 R.Silambarasan v. Chief Secretary and others, 2022 LiveLaw (Mad) 345 M/s. Chennai Water Desalination Ltd. versus Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB), 2022 Livelaw (Mad) 346 TJ Gnanavel and another v. The State and another, 2022 LiveLaw (Mad) 347 A. Viswanathan v. State of Tamil Nadu and others, 2022 LiveLaw (Mad) 348 P Mihiran v. The Managing Director (TASMAC) and others, 2022 LiveLaw (Mad) 349 REPORT 1. S.102(3) CrPC | Info Regarding Freezing Of Bank Account Must Be Given To Jurisdictional Magistrate: Madras High Court Case Title: Karthika Agencies Export House v. The Commissioner of Police and others Citation: 2022 LiveLaw (Mad) 339 While ordering de-freezing of an account seized pursuant to investigation into a loan fraud, the Madras High Court held that it was an essential requirement of Section 102(3) of CrPC that information of the seizure should be duly reported to the Magistrate. Justice GK Ilanthiraiyan observed that in the case on hand, the information regarding the seizure was made after considerable delay. As this necessary procedure of law was not complied with, the court deemed it fit to set aside the order of seizure of the bank account. 2. Disciplinary Proceedings Cannot Be Initiated For Absence When The Period Of Absence Is Regularised By Competent Authority: Madras High Court Case Title: C Jagadeesan v. Additional Director General of Police and another Citation: 2022 LiveLaw (Mad) 340 Coming to the rescue of a dismissed Police Officer, the Madras High Court recently observed that once the competent authority has regularized a period of medical leave, no further disciplinary proceedings for misconduct would sustain. In the present case, though the petitioner was said to be absent from service for over three years, the court held that the same was condoned by the regularisation of his absence. A bench of Justice SM Subramaniam held that though normally such a lengthy period of absence was not condoned by the authorities, especially if the Police Personnel is a chronic absentee or habitual absentee, however, once the authorities have accepted the reasons for absence, the misconduct is condoned. 3. [Statutory Bail] Bail Court Has No Jurisdiction To Go Into Merits Of The Case U/S 167(2) CrPC: Madras High Court Case Title: Kannan v. State rep. by the Deputy Superintendent of Police and others Citation: 2022 LiveLaw (Mad) 341 The Madras High Court recently reiterated that a bail court, while considering an application under Section 167(2) CrPC was not concerned with going into the merits of the case. The court had to consider such an application for default bail by considering whether the statutory period for filing a charge sheet or challan had expires, whether the charge sheet or challan had been filed and whether the accused was prepared to and had furnished bail. Justice Murali Shankar, while setting aside the decision of the lower court, also criticized the order passed by the Sessions Judge. The court expressed shock over the manner in which the impugned order was passed and the personal liberty of the accused was handled by the Judicial Officer. 4. TN Rent Control | Cross-Examination Not A Right, Discretion Must Ensure "Fairness" In Judicial Proceedings: Madras High Court Case Title: J Thennarasu v. Anita Nalliah (and other connected cases) Citation: 2022 LiveLaw (Mad) 342 The Madras High Court recently held that cross examination of a party in Rent control proceedings in the state is not a "right" and the Court's discretion to allow or disallow the same must be based on a plane of fairness in judicial proceedings. Justice N Seshasayee also observed that though the court has been given discretion, the legislative thrust is on adherence to the principles of natural justice. Hence, even if the Rent Court can regulate its own proceeding, the same has to be in conformity with the principles of natural justice. 5. Mere Gathering Of More Than 5 Persons Not "Unlawful Assembly": Madras HC Quashes Case Against Law Students Protesting Against Srilankan Govt Case Title: Aravinth and others v. State Citation: 2022 LiveLaw (Mad) 343 The Madras High Court recently quashed criminal proceedings against 11 law students...

Madras High Court Weekly Round-Up: August 8 To August 14, 2022

Upasana Sajeev

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