Madras High Court Weekly Round-Up: August 29 2022 To September 04 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 374 To 2022 LiveLaw (Mad) 383 NOMINAL INDEX Kiruthika Jayaraj and others v. State, 2022 LiveLaw (Mad) 374 M/s Gupta Hair Products (P) Ltd. Versus The Deputy Director General of Foreign Trade, 2022 LiveLaw (Mad) 375 V Kannan v State, 2022 LiveLaw (Mad) 376 Woodlands Theatres v. State of Tamil Nadu, 2022 LiveLaw (Mad) 377 Dr. P R Subaschandran v. State and others, 2022 LiveLaw (Mad) 378 E Palaniswamy v. O Paneerselvam, 2022 LiveLaw (Mad) 379 K. Samad & Anr. versus Reliance Capital Limited, 2022 LiveLaw (Mad) 380 S. Annapoorni v. K Vijay, 2022 LiveLaw (Mad) 381 The Assistant Commissioner of GST & Central Excise Versus M/s.Ganges International Private Limited, 2022 LiveLaw (Mad) 382 M/s. Sunwin Papers versus M/s. Sivadarshini Papers Pvt. Ltd., 2022 LiveLaw (Mad) 383 REPORT 1. [Kallakurichi Student Death] Unfortunate That Teachers Are Being Arrested For Asking Students To Study Well: Madras High Court Case Title: Kiruthika Jayaraj and others v. State Citation: 2022 LiveLaw (Mad) 374 The Madras High Court recently granted bail to two teachers, school principal, school management correspondent and secretary in connection with the death of a XIIth standard student in Kallakurichi. Justice GK Ilanthiraiyan observed that there was no evidence to show that the girl had been tortured before her death. Even going by the suicide note, there was no evidence to implicate the teachers as they had merely asked the student to study well. Regretting the recent events, the court also opined that teachers asking the students to study well and directing them to tell the equations was part and parcel of teaching and would not amount to abetment to suicide. 2. Exporter Can't Be Deprived Of MEIS Benefits Due To Technical Error In Electronic System: Madras High Court Case Title: M/s Gupta Hair Products (P) Ltd. Versus The Deputy Director General of Foreign Trade Citation: 2022 LiveLaw (Mad) 375 The Madras High Court has held that due to technical error or lacunae in the electronic system, the petitioner/exporter cannot be deprived of its benefit/incentive under the Merchandise Export from India Scheme (MEIS). The single bench of Justice Abdul Quddhose has directed the department to consider the petitioner's representation seeking to get the benefit under the MEIS for the subject shipping bill and pass orders within a period of six weeks. 3. "It Has Become A Fashion To Make Such Comments": Madras HC Grants Conditional Bail To Stunt Master Kanal Kannan Case Title: V Kannan v State Citation: 2022 LiveLaw (Mad) 376 The Madras High Court on Thursday granted conditional bail to Hindu Munnani office bearer and stunt master Kanal Kannan for his remarks seeking to demolish the statur of Periyar outside Srirangam temple. The court while granting bail, however, criticised the recent trend of making such remarks. The court stated that it had become a fashion to make such comments. Justice GK Ilanthiraiyan granted him bail on condition that he shall file an affidavit before the Egmore Court guaranteeing that he will not make any such statements in the future. He has also been directed to appear before the police two times for a period of four weeks. 4. TN Govt Prescribed "Very Low" Parking Fees In Cinema Theaters: High Court Quashes GO Case Title: Woodlands Theatres v. State of Tamil Nadu Citation: 2022 LiveLaw (Mad) 377 The Madras High Court recently found that the charges fixed by Tamil Nadu government for parking in cinema theaters is "very low" and directed the State to re-fix the same, keeping in view the fees levied by Municipal Corporations and Railway authorities. Rule 91(B) of Tamil Nadu Cinemas Regulation Rules 1957 to empower states to fix parking charges for the vehicles parked in the cinema theatres in the state. The petitioner theatre had challenged the fee fixation claiming that parking rates for all other places except cinema theatre was higher. 5. Sports & Physical Activities Integral To Education, All Schools Must Have Playgrounds: Madras High Court Case Title: Dr. P R Subaschandran v. State and others Citation: 2022 LiveLaw (Mad) 378 While disposing of a petition seeking to frame a set of guidelines for proper instruction of physical education in public and private schools, the Madras High Court stressed on the need for physical education in schools. The court directed the state to constitute a committee to monitor and ensure that physical education is given due importance and requisite infrastructure in all schools is made available. The committee shall be constituted by the Government within one month and shall be headed by the Secretary to the Government, School Education Department. The committee shall...

Madras High Court Weekly Round-Up: August 29 2022 To September 04 2022

Upasana Sajeev

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