Madras High Court Weekly Round-Up: March 27 to April 2, 2023

A weekly round-up of important cases from the Madras High Court: Citations: 2023 LiveLaw (Mad) 103 To 2023 LiveLaw (Mad) 108 NOMINAL INDEX Paul Manoj Pandian @ PH Manoj Pandian v. All India Anna Dravida Munnetra Kazhagam and others, 2023 LiveLaw (Mad) 103 Deepa Traders Versus Principal Chief Commissioner of GST & Central Excise, 2023 LiveLaw (Mad) 104 S Salma v. State of Tamil Nadu and others, 2023 LiveLaw (Mad) 105 Vetriselvi and another v. The Member Secretary and others, 2023 LiveLaw (Mad) 106 Angappan v Secretary to the State of Tamil Nadu and others, 2023 LiveLaw (Mad) 107 LK Charles Alexander v. Secretary to Government and others, 2023 LiveLaw (Mad) 108 REPORTS EPS vs OPS: Madras High Court Rejects Applications By Expelled AIADMK Leaders For Stay Of General Council Resolutions Case Title: Paul Manoj Pandian @ PH Manoj Pandian v. All India Anna Dravida Munnetra Kazhagam and others Citation: 2023 LiveLaw (Mad) 103 The Madras High Court has rejected the applications filed by expelled AIADMK leaders seeking a stay on the operation of the General Council resolutions by which they were dismissed from the party. The court also rejected the applications filed by the leaders seeking a stay on the General Council elections. Justice Kumaresh Babu passed the orders on pleas by expelled leaders of the AIADMK party - O. Panneerselvam, P.H. Manoj Pandian, R. Vaithilingam and J.C.D. Prabhakhar challenging the party resolution dated July 11 2022 by which they were removed. The single judge noted that the Supreme Court, in its order dated 23.02.2023 had already held that the convening of the General Council was valid. That being so, the unanimous decision taken by the members of the General Council, which had the powers to amend the party bye-laws was valid. Errors Committed Are Inadvertent, Rectification Would Enable Proper Reporting Of The Turnover And ITC: Madras High Court Case Title: Deepa Traders Versus Principal Chief Commissioner of GST & Central Excise Citation: 2023 LiveLaw (Mad) 104 The Madras High Court has held that errors committed are inadvertent and, the rectification would, in fact, enable proper reporting of the turnover and input tax credit (ITC) to enable claims to be made in an appropriate fashion by the assessees. The single bench of Justice Anita Sumanth has observed that the petitioners must be permitted the benefit of rectification of errors where there are no malafides attributed to the assesses. Section 46(4) CrPC: Madras High Court Directs State To Frame Guidelines For Obtaining 'Prior Permission' Of Magistrate To Arrest Women At Night Case Title: S Salma v. State of Tamil Nadu and others Citation: 2023 LiveLaw (Mad) 105 The Madras High Court has directed the State government to ensure compliance with Section 46 of the Criminal Procedure Code (CrPC) and frame guidelines for obtaining 'prior permission' of Judicial Magistrate to arrest women at night in exceptional circumstances. Justice Anita Sumanth noted that the provision is mandatory; legislature took a restrictive approach in the construction of Section 46(4), perhaps in the face of possibilities for abuse in case of police discretion. However, since even the Supreme Court has noted the procedural difficulties with respect to obtaining prior sanction, the court thought it fit to direct framing of appropriate guidelines for arrest of women in such exceptional circumstances and obtaining of prior permission from Magistrate. “Degree In Medicine” Should Be Understood Expansively: Madras High Court Permits Siddha And BDS Graduates To Apply For Food Safety Officer Case Title: Vetriselvi and another v. The Member Secretary and others Citation: 2023 LiveLaw (Mad) 106 The Madras High Court has recently held that a “Degree In Medicine” which has been specified as a qualification for appointment to the post of Food Safety Officer should be understood expansively. The court thus noted that the term “medicine” would include Siddha and BDS system of medicine also. Emphasizing the importance of the Siddha system of medicine, Justice GR Swaminathan of the Madurai bench noted that the system was ancient and unique to Tamil Nadu. Further, even when dengue struck or during the Covid crisis, the Government has promoted Siddha medicine. Thus, disqualifying Siddha medicine amounted to branding the system as un-modern. Alteration In Vehicle For Persons With Disability Exempted From Payment Of Tax, Vehicle Need Not Be Driven By Such Person: Madras High Court Case Title: Angappan v Secretary to the State of Tamil Nadu and others Citation: 2023 LiveLaw (Mad) 107 The Madras High Court recently noted that under the GO by Government of Tamil Nadu Home (Transport -T) Department exempting payment of tax on all motor vehicles specially designed or adapted for the use of physically handicapped...

Madras High Court Weekly Round-Up: March 27 to April 2, 2023

Upasana Sajeev

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