Madras High Court Weekly Round-Up: December 3 to December 10, 2023

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 380 To 2023 LiveLaw (Mad) 388 NOMINAL INDEX S Muthu Kumar v The Cabinet Secretary and Others, 2023 LiveLaw (Mad) 380 M Palani v The State and Others, 2023 LiveLaw (Mad) 381 All India Anna Dravida Munnetra Kazhagam and Another v All India Anna Dravida Munnetra Kazhagam and Others, 2023 LiveLaw (Mad) 382 S Jagathrakshakan and Others v The Special Director, 2023 LiveLaw (Mad) 383 K Krishna and Another v The Managing Director and Others, 2023 LiveLaw (Mad) 384 P.Maheswari v The Secretary to Government and Others, 2023 LiveLaw (Mad) 385 S. Panneerselvam v. The Principal Secretary to Government and Others, 2023 LiveLaw (Mad) 386 State v RS Rajesh, 2023 LiveLaw (Mad) 387 Thol Thirumaavalan v The Principal Secretary, 2023 LiveLaw (Mad) 388 REPORT Tamil Nadu A Pioneer In Implementing Welfare Measures For Third Gender Persons: State Tells High Court In Plea To Implement NALSA Judgement Case Title: S Muthu Kumar v The Cabinet Secretary and Others Citation: 2023 LiveLaw (Mad) 380 The Government of Tamil Nadu recently informed the Madras High Court of the various schemes implemented in the State in compliance with the judgment of the Apex Court in National Legal Services Authority vs. Union of India. The submissions were made before the bench of Chief Justice SV Gangapurwala and Justice KK Ramakrishnan in response to a plea seeking the authorities to implement the NALSA judgment. In its counter affidavit, the State informed the court that the Government has initiated many innovative steps for the welfare of the Third Gender such as Mobile Apps, Awards, Training programs etc. It was informed that the mobile app, created at a cost of ten lakh rupees was inclusive of information, education and communication activities for the welfare of the persons belonging to the third gender. Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court Case Title: M Palani v The State and Others Citation: 2023 LiveLaw (Mad) 381 The Madras High Court recently observed that the orders passed under Section 194 of the Code of Criminal Procedure are purely administrative in nature and cannot be challenged unless they are apparently illegal and passed without any application of mind. Justice G Ilangovan of the Madurai bench dismissed a plea preferred by an accused seeking for transfer of his trial from one court to another, upon court pointing out that the impugned order was one passed by the Principal Sessions Judge in the ordinary course of business and there was no reason to interfere with the same. Madras High Court Rejects VK Sasikala's Plea Against Removal From Post Of AIADMK General Secretary Case Title: All India Anna Dravida Munnetra Kazhagam and Another v All India Anna Dravida Munnetra Kazhagam and Others Citation: 2023 LiveLaw (Mad) 382 The Madras High Court rejected an appeal preferred by VK Sasikala against an order upholding her removal as AIADMK General Secretary. Justice R Subramanian and Justice N Senthilkumar rejected Sasikala's appeal to be recognised as the interim General Secretary of the party. Sasikala was appointed as the interim General Secretary of the party in December 2016, after the death of former Chief Minister and then General Secretary of the party J Jayalalitha. However, following her conviction and imprisonment in February 2017 in a disproportionate assets case, disputes arose in the party. Following this, a general council meeting was held and the council decided to remove Sasikala as the interim General Secretary of the party. The council instead created two new posts- Coordinator and Joint Coordinator and appointed O Paneerselvam and Edappadi K Palaniswami to these posts respectively. Madras High Court Refuses To Set Aside ED's Show Cause Notice To DMK MP S. Jagathrakshakan Over FEMA Violations Case Title: S Jagathrakshakan and Others v The Special Director Citation: 2023 LiveLaw (Mad) 383 The Madras High Court recently dismissed a plea by DMK MP S. Jagathrakshakan challenging the proceedings initiated against him and his family under the Foreign Exchange Management Act, 1999 ("FEMA"). Justice N Seshasayee observed that the objections raised by Jagathrakshakan could not be considered at the present stage, and allowed taking of all the defenses before the Adjudicating authority. The allegation against Jagathrakshakan (and other petitioners) was that he had subscribed to 70 lakh shares in a Singapore-based company and later transferred those shares to his wife and two children outside India in violation of Section 4 of FEMA. Following this, the Authorised Officer (Adjudicating Authority of ED) moved the Commissioner of Customs under Section 37A of the Act for seizure of...

Madras High Court Weekly Round-Up: December 3 to December 10, 2023

Upasana Sajeev

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