Madras High Court Weekly Round-Up: October 2 to October 8, 2023

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 296 To 2023 LiveLaw (Mad) 306 NOMINAL INDEX The Director General of Police v D Jayakumar, 2023 LiveLaw (Mad) 296 The Justice Basheer Ahmed Sayeed College for Women (Autonomous) v The State of Tamil Nadu, 2023 LiveLaw (Mad) 297 Major General AK Gupta v State, 2023 LiveLaw (Mad) 298 Selva Muthukumar and Others v State, 2023 LiveLaw (Mad) 299 AS Shanmugha Rajan v Tamil Nadu Cricket Association and Others, 2023 LiveLaw (Mad) 300 S Gurumurthy v S Doraisamy, 2023 LiveLaw (Mad) 301 Feeback Infra Pvt Ltd v. MSEF Council, Chennai – W.P. No. 25062 of 2023, 2023 LiveLaw (Mad) 302 SRM Engineering Construction Corporation Limited v. The Assistant Commissioner (ST) (FAC), 2023 LiveLaw (Mad) 303 TTF Vasan @ Vauikunthavasan v Inspector of Police, 2023 LiveLaw (Mad) 304 M/s.Kaleeshwari Refinery Private Limited v Akshay A, 2023 LiveLaw (Mad) 305 G Moorthi v The Recovery Officer, 2023 LiveLaw (Mad) 306 REPORT Employee’s Suspension Cannot Extend Endelssly Without Disciplinary Proceedings Merely Due To Pendency Of Criminal Case: Madras High Court Case Title: The Director General of Police v D Jayakumar Citation: 2023 LiveLaw (Mad) 296 The Madras High Court has recently observed that in cases where employees were suspended from service in connection with a crime, the suspension cannot continue endlessly without initiating disciplinary proceedings merely due to pendency of criminal case. The bench of Justice R Suresh Kumar and Justice K Kumaresh Babu observed that the employers could not continuously take a stand that it is not conducive to revoke the suspension of the employee while pendency of the criminal case. The court added that in every quarter of the year, the employer is to review the necessity for extending the suspension. SC/ST/OBC Reservation Does Not Apply To Minority Educational Institution, But Intake Of Minority Students Cannot Exceed 50%: Madras High Court Case Title: The Justice Basheer Ahmed Sayeed College for Women (Autonomous) v The State of Tamil Nadu Citation: 2023 LiveLaw (Mad) 297 The Madras High Court recently observed that the policy of reservation for the Scheduled Castes, Scheduled Tribes, and Other Backward Classes cannot be implemented in Minority educational institutions. The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu relied on the precedents laid down by the Supreme Court and reiterated that the exclusion of Minority Institutions from the ambit of Article 15(5), which empowers the state to make provisions for the advancement of socially and educationally backward communities, is not violative of Article 14 as minority institutions are a separate class. Madras High Court Sets Aside Conviction Of Major General For Alleged Corruption In Supplies For Indian Peace Keeping Force At Srilanka In 1987 Case Title: Major General AK Gupta v State Citation: 2023 LiveLaw (Mad) 298 The Madras High Court has set aside the conviction of Major General AK Gupta for allegedly procuring supply/ration items during “Operation Pawan” of Indian Peace Keeping Force (IPKF) troops in Srilanka in 1987, in violation of the prescribed procedures, rules, and regulations and thus causing heavy loss to the State. Justice G Jayachandran observed that the Investigating officer had filed the final report with truncated material and without scrutinising the materials in its entirety. The court also observed that the officer escaping from custody while being sent to face General court martial and thus getting the court martial proceeding time-barred had also weighed in the mind of the trial court. Thus, the court opined that benefit of doubt had to be extended to the officer. Madras High Court Grants Anticipatory Bail To Students Booked For Violence In School, Asks Them To Make Hand-Written Notes On Non-Violence Case Title: Selva Muthukumar and Others v State Citation: 2023 LiveLaw (Mad) 299 While granting anticipatory bail to a group of students, the Madras High Court directed them to clean the classrooms for a week and to prepare handwritten notes on non-violence from the excerpts of Mahatma Gandhi, educational schemes promoted by former Chief Minister K Kamraj and dream and vision of Dr. Abdul Kalam. Justice RMT Teeka Raman specifically directed the students to not prepare the articles using copy-paste from Google and asked the articles to be handed over to the School Principal of Montfort Anglo Indian Higher Secondary School, Yercaud who shall then host the articles on the school website for one year. Madras High Court Closes PIL Alleging Exorbitant Pricing At Chepauk Stadium, Cites SC Judgment Permitting Levy Of Service Charge Above MRP Case Title: AS Shanmugha Rajan v Tamil Nadu Cricket Association and Others Citation: 2023 ...

Madras High Court Weekly Round-Up: October 2 to October 8, 2023

Upasana Sajeev

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