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Actor Vijay Rolls Royce case: Madras High Court expunges single judge bench’s remarks

While Vijay later paid the tax, he had challenged the orders of the single judge and sought to expunge the remarks.

Vijay had approached the court seeking an exemption of Entry Tax on the Rolls Royce Ghost car that he imported from England in 2012 after paying the import duty as per the Customs Act. (Photo: Vijay's Twitter)

The Madras High Court has ordered to expunge the scathing remarks that were made by a single judge bench against actor Vijay last July in the case related to tax exemption for his Rolls Royce car. The court’s order was passed by a Division Bench of Justices Pushpa Sathyanarayana and Mohammed Shaffiq that had earlier allowed a writ petition filed by actor Vijay challenging the single judge’s remarks.

Appearing for the actor, his counsel V Narayan said that the adverse remarks were not at all necessary for the disposal of the writ petition. He contended that the ‘undeserving’ remarks breached the principles of natural justice and sought to expunge them. Narayan added that the castigating remarks against actor Vijay were ‘unsustainable and bad in law’ and would affect the appellant’s future career.

Expunging the remarks, the Division Bench said, that the order of the learned Single Judge appears to be ‘unwarranted’ “…to impute motives to a litigant or castigating him for taking a particular legal position or exercising his constitutional right under Article 226 is unwarranted,” said the court. The High Court also noted it is difficult to say that Vijay acted with malafide and deliberate intention.

Vijay had approached the court seeking an exemption of Entry Tax on the Rolls Royce Ghost car that he imported from England in 2012 after paying the import duty as per the Customs Act. Hearing the case, the single judge bench headed by Justice Subramaniam had dismissed his plea while making several scathing remarks including describing his petition for tax relief as an anti-national habit.

While Vijay later paid the tax, he had challenged the orders of the single judge and sought to expunge the remarks.

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