Madras High Court Weekly Round-Up: May 08 to May 14

A weekly round-up of important cases from the Madras High Court and its subordinate courts. Citations: 2023 LiveLaw (Mad) 138 To 2023 LiveLaw (Mad) 142 NOMINAL INDEX Vaishnavi Jayakumar v The State of Tamil Nadu and others, 2023 LiveLaw (Mad) 138 M/s. Apollo Hospitals Enterprises Ltd. Versus Union of India, 2023 LiveLaw (Mad) 139 Dr. R Pavithra v The Commissioner of Police and others, 2023 LiveLaw (Mad) 140 S.Periyaraja v. The Principal Secretary and others, 2023 LiveLaw (Mad) 141 P Ayyakannu v. The Government of Tamil Nadu and others, 2023 LiveLaw (Mad) 142 REPORT 'World Is Theirs Too': Madras High Court Issues Directions To Make Public Transport Disabled Friendly Case Title: Vaishnavi Jayakumar v The State of Tamil Nadu and others Citation: 2023 LiveLaw (Mad) 138 In an attempt to make public transport in the state accessible to all including persons with disabilities, aged persons, pregnant women, and children, the Madras High Court has issued a slew of directions to the State, particularly the transport department. The court also modified a tender floated by the transport department to ensure that more low-floor buses are procured by the State. Madras High Court Upholds The Cancellation Of Customs Duty Exemption Certificate Issued To Apollo Hospitals Case Title: M/s. Apollo Hospitals Enterprises Ltd. Versus Union of India Citation: 2023 LiveLaw (Mad) 139 The Madras High Court has cancelled the cancellation of the customs duty exemption certificate (CDEC) issued to the Apollo Hospitals. The bench of Justice S.M. Subramaniam has observed that the petitioner hospital has failed to establish that they have treated 40% of their outdoor patients in the hospital, where the imported medical equipment is installed. The petitioner hospital has also failed to establish that 10% of all the hospital beds are reserved for such patients who have received free treatment in the hospital where the imported medical equipment was installed. Madras High Court Holds PayTM Liable For Unauthorised Debit From Customer’s Account, Asks RBI To Ensure Its Guidelines Are Followed Case Title: Dr. R Pavithra v The Commissioner of Police and others Citation: 2023 LiveLaw (Mad) 140 The Madras High Court recently came to the rescue of a post-graduate medical student, Dr R Pavithra who had lost around 3 lakh rupees from her account due to fraudulent unauthorized transactions on Paytm. She had approached the court after the City Union Bank failed to reverse the loss suffered by her and instead allegedly attempted to shift the blame on her. Justice RN Manjula after hearing in detail the submissions of the City Union Bank, Paytm, and the Reserve Bank of India, held that the payments bank, ie, Paytm was liable for the transactions and not the petitioner’s bank. Madras High Court Imposes Rs 25000 Cost On Lawyer For Challenging Private School's Vacation Classes Case Title: S.Periyaraja v. The Principal Secretary and others Citation: 2023 LiveLaw (Mad) 141 The Madras High Court recently imposed a cost of Rs. 25000 on a lawyer for filing a “motivated petition” challenging the special classes being conducted for students of Class X and XII by a private school. The court said that the amount be paid to the Corporation Girls Higher Secondary School in Tirunelveli and be used for the construction of a toilet or purchasing Napkin Vending Machine for the school. Finding that the petitioner S Periyaraja was not an aggrieved person, the bench of Justice M Dhandapani and Justice R Vijayakumar noted that the petition had been filed specifically against a particular school when there were several other schools that were conducting special classes all over Tamil Nadu. The court also noted how several coaching centers were also conducting classes for 12th-standard students to train them for competitive exams like NEET, JEE, CLAT, etc. Essential Commodities Act Is One Of Primary Reasons For Existence Of Our Democracy: Madras High Court Case Title: P Ayyakannu v. The Government of Tamil Nadu and others Citation: 2023 LiveLaw (Mad) 142 The Madras High Court has observed that the Essential Commodities Act ,1955, is one of the "primary reasons of the very existence of our democracy" and that both central and state governments are extremely sensitive and careful when it comes to food and that is why, the people of this country "worship their leaders". The division bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy also observed that the Fair and Remunerative Price, which is the minimum price that sugar mills must pay farmers and fixed by the Central Government, is in reality not a fair market price. The court added that the actual expenses involved by the farmer are more than 80% of the FRP. The court also encouraged the State Governments to take into account the actual market...

Madras High Court Weekly Round-Up: May 08 to May 14

Upasana Sajeev

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