Madras High Court Weekly Round-Up: December 18 to December 24, 2023

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 396 To 2023 LiveLaw (Mad) 406 NOMINAL INDEX CSI College of Dental Sciences and Research v The State of Tamil Nadu, 2023 LiveLaw (Mad) 396 Mohamed Rifas @ Mohamed Rigbas v Union of India, 2023 LiveLaw (Mad) 397 State v K Ponmudi and Others, 2023 LiveLaw (Mad) 398 C Alagappan v The State, 2023 LiveLaw (Mad) 399 Ankit Tiwari v State, 2023 LiveLaw (Mad) 400 Eicher Motors Ltd v Nitin Service Point and Automobiles, 2023 LiveLaw (Mad) 401 P Mohanraj v The District Collector and Others, 2023 LiveLaw (Mad) 402 VBR Menon v The Additional Chief Secretary to Government and Others, 2023 LiveLaw (Mad) 403 Mansoor Ali Khan v Trisha Krishnan and Others, 2023 LiveLaw (Mad) 404 C.Chellamuthu Versus The Principal Commissioner, 2023 LiveLaw (Mad) 405 The Chennimalai Siragiri Murugan Primary Handloom Weaver's Cooperative Society Ltd v Income Tax Officer, 2023 LiveLaw (Mad) 406 REPORT Can State Insist On Fixing Quota For Seat Sharing In Self-Financing Minority Educational Institutions? Madras HC Refers Matter To Full Bench Case Title: CSI College of Dental Sciences and Research v The State of Tamil Nadu Citation: 2023 LiveLaw (Mad) 396 The Madras High Court has referred to the full bench the issue of whether the Government Order insisting on Minority Self Financing Education Institutions to fill up 50% of the seats based on the merit list prepared by the competent authority in light of the judgment of the Supreme Court in TMA Pai Foundation case. Justice Anand Venkatesh opined that the recent judgment of a division bench of the Madras High Court which had upheld the seat-sharing power of the State had not fully considered the judgment in PA Inamdhar's case, which, taking into consideration the judgment in TMA Pai, the Apex court had taken away the power of the State to fix quota for seat sharing. S.43D UAPA | In Extraordinary Circumstances, High Courts Have Discretion To Grant Bail To A Person Who Is Not An Indian Citizen: Madras HC Case Title: Mohamed Rifas @ Mohamed Rigbas v Union of India Citation: 2023 LiveLaw (Mad) 397 The Madras High Court recently observed that in extraordinary circumstances, the High Courts had discretion to grant bail even to a person who is not an Indian Citizen. The bench of Justice SS Sundar and Justice Sunder Mohan was hearing appeals preferred by persons whose bail was canceled by the Special Court under the National Investigation Agency Act 2008. The court noted that bail was canceled for one of the appellants, Mohamed Rifas, alleging that he had suppressed his nationality and had obtained bail. The court noted that even assuming Rifas was a Sri Lankan national, his liberty could not have been curtailed after 4 years merely because of an FIR. The court also noted the prosecution had not filed a petition for cancelling the bail immediately after the registration of FIR but had filed the application after 3 years without explaining the reasons for the delay. Madras High Court Sentences TN Minister Ponmudi To 3 Year Imprisonment In Disproportionate Asset Case Case Title: State v K Ponmudi and Others Citation: 2023 LiveLaw (Mad) 398 The Madras High Court has sentenced Tamil Nadu Minister Ponmudi and his wife Visalakshi to three year simple imprisonment and 50 lakh fine each in a disproportionate asset case. Justice G Jayachandran gave 30 days to the parties to surrender and added that the parties could work out their remedies before the Supreme Court during this time. The court also said that any decision on an extension of the time would be considered later if the couple could not work out their remedies before the Apex Court. The court also remarked that if it was any other ministry the matter would have been different but the Minister had committed the offence being in charge of the Ministry of Higher Education which affected the future generation also. On Tuesday, the court had set aside the acquittal of the Minister and his wife finding them guilty of offences under the Prevention of Corruption Act. With this order convicting the Minister under the Prevention of Corruption Act, Ponmudi will be disqualified as a legislator under Section 8 of the Representation of People Act 1951. “Intention To Cheat Damsel Already In Distress”: Madras High Court Refuses Bail To Producer Accused In Property Fraud By Actress Gautami Case Title: C Alagappan v The State Citation: 2023 LiveLaw (Mad) 399 The Madras High Court recently refused to grant anticipatory bail to producer Alagappan and his family in a cheating case registered by Actress Gauthami. Noting that there was prima facie material, Justice CV Karthikeyan observed that the facts not only revealed cheating but also misappropriation and siphoning of funds for personal gains. The court...

Madras High Court Weekly Round-Up: December 18 to December 24, 2023

Upasana Sajeev

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