Madras High Court Weekly Round-Up: March 21 To March 27, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.Citations: 2022 LiveLaw (Mad) 108 To 2022 LiveLaw (Mad) 121NOMINAL INDEXDr. Esther, MBBS, DGO v. State of Tamil Nadu & Ors, 2022 LiveLaw (Mad) 108L. Ponnammal v. Union of India, 2022 LiveLaw (Mad) 109Maxworth Orchards (India) Limited & Anr. v, T. Mohan & Ors., 2022 LiveLaw (Mad) 110P. Subburaj v. The Principal Secretary, Housing & Urban Development Department & Anr., 2022 LiveLaw (Mad) 111Meenava Thanthai K.R.Selvaraj Kumar Meenavar Nala Sangam v. National Green Tribunal, Principal Bench & Anr., 2022 LiveLaw (Mad) 112R.R Saravana Balagursamy v. The Superintendent of Police and Ors, 2022 LIveLaw (Mad) 113The Divisional Manager, TATA AIG General Insurance Company Limited v. A.C. Jagadeesann & Anr, 2022 LiveLaw (Mad) 114SC Raja Rajeshwari v. The State of Tamil Nadu and Ors, 2022 LiveLaw (Mad) 115S. Ganeshan v. State represented by Inspector of Police, 2022 LiveLaw (Mad) 116Krishnamoorthy v. State Represented by Inspector of Police & Connected Matters, 2022 LiveLaw (Mad) 117Malliga v. P. Kumaran, 2022 LiveLaw (Mad) 118Arulmighu Palapattarai Mariamman Tirukoil v. Pappayee & Ors., 2022 LiveLaw (Mad) 119K. Umadevi v. Government of Tamil Nadu & Ors, 2022 LiveLaw (Mad) 120State rep by The Deputy Superintendent of Police, CB CID v. A Sivakumar & Ors., 2022 LiveLaw (Mad) 1211. State Not Bound By Prison Authority's Recommendation For Premature Release Of Convicts: Madras High CourtCase Title: Dr. Esther, MBBS, DGO v. State of Tamil Nadu & OrsCitation: 2022 LiveLaw (Mad) 108Madras High Court has observed that the Governor alone can execrcise the power conferred for granting premature release of a prisoner under Article Article 161 of the Constitution, upon advice rendered by the State Cabinet.A bench of Justices P.N. Prakash and A.A. Nakkiran refused to reconsider the plea made by Dr Esther, mother of the John David, convicted prisoner in the 1996 infamous murder of Pon Navarasu, for premature release. John David was the prime accused in the murder of Pon Navarasu, a first-year MBBS Student in Annamalai University and the son of Madras University's former Vice-Chancellor. The public outcry after the heinous murder paved way for the first state legislation criminalising ragging in educational institutions, i.e, Tamil Nadu Prohibition of Ragging Act, 1997."The State Level Committee which is composed of the Inspector General of Prisons and the Deputy Inspector General of Prisons (Headquarters) can only recommend a case to the State Government and cannot exercise the power under Article 161 of the Constitution of India. The Governor of the State would exercise the power under Article 161, ibid., on the recommendation of the Cabinet. Thus, the Cabinet has the authority to accept or reject the recommendation of the State Level Committee and accordingly, give their advice to the Governor."The court also observed that it cannot interfere with the Government Order under Article 226 since it does have any powers under Article 142, like the Supreme Court.2. 'LIC IPO To Bring About Rs 70K Crores For Nation's Development' : Madras High Court Dismisses Policyholder's Challenge Against 5% DisinvestmentCase Title: L. Ponnammal v. Union of IndiaCitation: 2022 LiveLaw (Mad) 109The Madras High Court has dismissed a lea challenging the amendments brought in by the Finance Act 2021 and the subsequent amendments made in the LIC Act 1956 which provided for the disinvestment of the Life Insurance Corporation.The bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy held that the challenge was made to the amendments by way of Article 110 of the constitution without challenging the certificate issued by the Speaker of the House. Further, the procedure for certifying the Finance Bill as a money bill have been duly complied with and therefore there is no constitutional illegality.The court also highlighted that the word "only" used in the definition of Money Bill has to be read along with Article 110(1) (g) of the constitution which provides for any matter incidental to any of the matters specified in (a) to (f) of Article 110(1) and therefore should not be given a narrow meaning."The intrusion or inference to the implementation of a public interest policy by way of legislation should be eschewed, as it directly impacts the economic growth of the country and interference therein may have far reaching consequences, because the receipt of money into the Consolidated Fund of India is to be used for the development of the country." the court added.3. 'Insufficient Evidence To Decide Title In Summary Proceedings': Madras HC Directs Maxworth Orchards & Alleged Purchasers To Undergo Trial ProcessCase Title: Maxworth Orchards (India) Limited & Anr. v. T. Mohan & OrsCitation: 2022 LiveLaw (Mad) 110in a matter pertaining to th ewinding up of Maxworth Orchards (India) Limited, the Madras High Court has ordered an absolute interim injunction on ...

Madras High Court Weekly Round-Up: March 21 To March 27, 2022

Upasana Sajeev

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