Madras High Court Weekly Round-Up: March 13 to March 19, 2023

A weekly round-up of important cases from the Madras High Court: Citations: 2023 LiveLaw (Mad) 85 To 2023 LiveLaw (Mad) 92 NOMINAL INDEX Kowsalya v. State, 2023 LiveLaw (Mad) 85 P Sathish @ Sathish Kumar v. State and another, 2023 LiveLaw (Mad) 86 Surajlal v. Pradeep Stainless India Pvt. Ltd and others, 2023 LiveLaw (Mad) 87 S Murugesan v. The Commissioner HR&CE and others, 2023 LiveLaw (Mad) 88 R Balasundaram v. The Tamil Nadu State Level Scrutiny Committee-III and others, 2023 LiveLaw (Mad) 89 S Nithya v. The District Collector and others, 2023 LiveLaw (Mad) 90 G Sundararajan v The Secretary and others, 2023 LiveLaw (Mad) 91 S Manoharan v. Reserve Bank of India and others, 2023 LiveLaw (Mad) 92 REPORTS [Udumalai Sankar Honour Killing] Madras High Court Permits Wife To Conduct Honorary Meeting To Raise Awareness About Inter-Caste Marriages Case Title: Kowsalya v. State Citation: 2023 LiveLaw (Mad) 85 The Madras High Court has permitted Kowsalya, wife of Sankar who was hacked to death for marrying from a different caste, to conduct a meeting in memory of Sankar. Kowsalya had approached the court after State denied permission for the meeting citing law and order problems. Justice G Chandrasekharan noted that the offense of Honour killing was increasing every day and that honour killing was not eradicated in Tamil Nadu. In such a situation, the court noted that the scope of starting the Sankar Social Justice Trust and organising a meeting to disseminate information against honour killing and promoting inter caste marriage was laudable. The court added that such object should not be prevented and prohibited by the court. Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds Case Title: P Sathish @ Sathish Kumar v. State and another Citation: 2023 LiveLaw (Mad) 86 The Madras High Court has held that appointing Deputy Commissioners of Police as Executive Magistrate is violative of the Constitution and the District Police Act. A bench of Justice N Satish Kumar and Justice Anand Venkatesh thus declared two Government Orders as unconstitutional, which gave Deputy Commissioners the powers of an Executive Magistrate while dealing with bonds for keeping peace. The court added that if the police were allowed to continue with such powers, it would lead to anarchy as the entire process of investigation, prosecution and adjudication will be done by one branch of the executive - the police. Order Of High Court Granting Leave To Institute Commercial Suit Will Be An Order Passed Under Commercial Courts Act: Madras High Court Full Bench Case Title: Surajlal v. Pradeep Stainless India Pvt. Ltd and others Citation: 2023 LiveLaw (Mad) 87 The Madras High Court has recently held that an order passed by the High Court granting leave to institute commercial suit will be an order passed under the Commercial Courts Act. The full bench of Justice R Subramanian, Justice RMT Teeka Raman and Justice Bhavani Subbaroyan thus noted that an order granting leave or refusing to revoke the leave granted is not appealable. While Students Appearing For Board Exams Should Not Be Inconvenienced, Stopping Temple Festival Not The Solution: Madras High Court Case Title: S Murugesan v. The Commissioner HR&CE and others Citation: 2023 LiveLaw (Mad) 88 The Madras High Court has dismissed a public interest litigation filed by a man seeking postponement of Panguni festival celebrations in light of the public examination. The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy held that while it was important not to cause any inconvenience to the students preparing for the exam, stopping an annual temple festival was not the solution. The court however directed the concerned village authorities not to use loudspeakers on the days of the examination. Reservation Is A Matter Of Pride For Diversity, Its Exploitation Or Misuse Even If Detected Late Cannot Be Justified: Madras High Court Case Title: R Balasundaram v. The Tamil Nadu State Level Scrutiny Committee-III and others Citation: 2023 LiveLaw (Mad) 89 While criticizing a retired Upper Division Clerk for fabricating a false community certificate, the Madras High Court held that reservation policy was a matter of great pride and its exploitation could not be justified even if it was detected late. Justice VM Velumani and Justice R Hemalatha added that at present there were systems for determining the genuineness of a person’s SC/ST lineage which did not exist earlier. Thus, when a vigilance committee had clearly established with sufficient proof that the person in question did not belong to the ST community as claimed by him at the time of employment, the court had no reason to sit in judgment or examine the full-fledged report. ...

Madras High Court Weekly Round-Up: March 13 to March 19, 2023

Upasana Sajeev

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