Madras High Court Weekly Round-Up: October 30 to November 5, 2023

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 332 To 2023 LiveLaw (Mad) 338 NOMINAL INDEX Dr.Pradeep Vasudevan v The State of Tamil Nadu, 2023 LiveLaw (Mad) 332 Enforcement Directorate v TTV Dinakaran, 2023 LiveLaw (Mad) 333 The Additional Commissioner of Customs Versus M/s.N.C.Alexander, 2023 LiveLaw (Mad) 334 ML Ravi v The Secretary and Others, 2023 LiveLaw (Mad) 335 Capt.Dr.VRC.Pandiyan v The Chairman and Managing Director, 2023 LiveLaw (Mad) 336 BR Aravindakshan v The Chief Secretary and Others, 2023 LiveLaw (Mad) 337 Magesh Karthikeyan v The Commissioner of Police, 2023 LiveLaw (Mad) 338 REPORT Quarantine Days During Covid-19 Duty Rendered By Medical PG Students Part Of Bond Service: Madras High Court Case Title: Dr.Pradeep Vasudevan v The State of Tamil nadu Citation: 2023 LiveLaw (Mad) 332 The Madras High Court recently observed that the period of quarantine during the covid duty rendered by post graduate medical students will be considered to be a part of the bond period. Justice Anita Sumanth observed that the quarantine period was nothing but an extension of the covid duty itself and thus gave relief to a student who wanted his quarantine period of 150 days during the covid duty to be included in the mandatory bond period. Penalty In Nature Of Recovery Under FERA Gives Rise To 'Enforceable Debt' Under Presidency Town Insolvency Act: Madras High Court Case Title: Enforcement Directorate v TTV Dinakaran Citation: 2023 LiveLaw (Mad) 333 The Madras High Court recently observed that the term 'decree' or 'order' used in the Presidency Town Insolvency Act 1909, is not limited to a decree of the civil court but would include an order passed by an empowered authority under a statute after following the adjudicatory process. Justice R Subramanian and Justice R Kalaimathi were hearing an appeal preferred by the Enforcement Directorate against an order of a single judge setting aside an insolvency notice issued to former Tamil Nadu MLA TTV Dinakaran. The court also observed that the order passed under the Foreign Exchange Regulation Act was one passed after proper adjudication and thus, the same would be an order/decree under the Insolvency Act giving rise to an enforceable debt. Madras High Court Directs Customs Dept. To Release Fresh Apples Imported From New Zealand On Furnishing Of Bank Guarantee Towards Differential Duty Case Title: The Additional Commissioner of Customs Versus M/s.N.C.Alexander Citation: 2023 LiveLaw (Mad) 334 The Madras High Court has directed the customs department to release fresh apples imported from New Zealand on the furnishing of bank guarantees towards differential duty. The Madras High Court has directed the customs department to release fresh apples imported from New Zealand on the furnishing of bank guarantees towards differential duty. The bench of Justice R. Mahadevan and Justice Mohammed Shaffiq has observed that the nature of the subject goods, viz., fresh apples, which are perishable in nature and are meant for human consumption, made the court find it appropriate to order the release of the goods, however, subject to the condition that the assessee or respondent shall furnish a bank guarantee to the value of differential duty to be determined by the authority in order to safeguard the interests of the department. "Political Parties Have A Right To Agitate": Madras High Court In Plea Against Signature Campaign Launched By DMK Against NEET Case Title: ML Ravi v The Secretary and Others Citation: 2023 LiveLaw (Mad) 335 While hearing a public interest litigation filed against the signature campaign launched by the Dravida Munnetra Kazhagam (DMK) party against the NEET exam, the Madras High Court remarked that every political party has a right to agitate against something and the same could be interfered with only if it was against the public policy. The bench of Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy was hearing a public interest litigation filed by Advocate ML Ravi. "A person may launch a campaign against anything. How can you oppose that. If a particular party wants to agitate against something, they have the right to do that. You can't have a problem with that. But if a decision is taken, which according to you is against the public policy then you can challenge that. There should be a limit to filing these petitions," the court orally remarked. The court questioned Ravi on how he was affected with a political party carrying out a campaign. The court then directed Ravi to deposit one lakh rupees after which Ravi informed the court that he'll withdraw the plea. Madras High Court Orders CBI Probe After Litigant Produces "Suspicious" Notification Claiming He Is Additional Judge Of Punjab & Haryana HC Case Title:...

Madras High Court Weekly Round-Up: October 30 to November 5, 2023

Upasana Sajeev

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