Nominal Index [Citations: 2023 LiveLaw (Ker) 211-230]Anoop v. State of Kerala, 2024 LiveLaw (Ker) 211K M Habeeb Muhammed v The Managing Director, 2024 LiveLaw (Ker) 212Sister Annamma Mathai v State of Kerala, 2024 LiveLaw (Ker) 213Aynikkal Plantations Pvt. Ltd v State of Kerala, 2024 LiveLaw (Ker) 214Sheela v. Abdul Gafoor, 2024 LiveLaw (Ker) 215Anil Kumar and ors. v. State of Kerala,...
Nominal Index [Citations: 2023 LiveLaw (Ker) 211-230]
Anoop v. State of Kerala, 2024 LiveLaw (Ker) 211
K M Habeeb Muhammed v The Managing Director, 2024 LiveLaw (Ker) 212
Sister Annamma Mathai v State of Kerala, 2024 LiveLaw (Ker) 213
Aynikkal Plantations Pvt. Ltd v State of Kerala, 2024 LiveLaw (Ker) 214
Sheela v. Abdul Gafoor, 2024 LiveLaw (Ker) 215
Anil Kumar and ors. v. State of Kerala, 2024 LiveLaw (Ker) 216
Eby @ Philip Ninan v. State of Kerala, 2024 LiveLaw (Ker) 217
Manaf Ali Hassan Versus The National Faceless Assessment Centre, 2024 LiveLaw (Ker) 218
M/S Sree Narayana Guru Memorial Educational And Cultural Trust Versus The Assistant Commissioner Of Income Tax, 2024 LiveLaw (Ker) 219
Shyju v. State of Kerala, 2024 LiveLaw (Ker) 220
State Bank of India v Jespin Raju, 2024 LiveLaw (Ker) 221
The Income Tax Officer Ward Versus Vazhakkulam Block Rural Co-Operative Society Ltd., 2024 LiveLaw (Ker) 222
Anwar Sadique K v State of Kerala, 2024 LiveLaw (Ker) 223
R. Krishnaprasad Versus Commissioner of Customs, 2024 LiveLaw (Ker) 224
Nilesh Ramachandra Japthap v. State of Kerala and ors.,2024 LiveLaw (Ker) 225
St. Antony's Forane Church v District Police Chief (Rural), 2024 LiveLaw (Ker) 226
N. Swaminathan and ors. v. State of Kerala and ors., 2024 LiveLaw (Ker) 227
Carnival Films Pvt. Ltd. v State of Kerala, 2024 LiveLaw (Ker) 228
The Principal Commissioner Of Income Tax Versus Gracy Babu, 2024 LiveLaw (Ker) 229
Mini Muthoottu Credit India (P) Ltd. Versus Commissioner Of Income Tax, 2024 LiveLaw (Ker) 230
Judgments/Orders This Week
Case Title: Anoop v. State of Kerala
Case Citation: 2024 LiveLaw (Ker) 211
The Kerala High Court has directed the State to form a committee of experts to design a curriculum to impart age-appropriate prevention-oriented programmes on sexual abuse.
“At times the sexual acts are committed with the belief that the consent of both partners is sufficient to absolve them from the crime. By the time they realize their assumptions to be mistaken notions, it is too late in the day, and the situation becomes destructive, leading to very inconvenient results and beyond any remedial measures,” stated Justice Bechu Kurian Thomas
Case title: K M Habeeb Muhammed v The Managing Director
Citation: 2024 LiveLaw (Ker) 212
The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities.
The Court was considering a writ petition filed by a workman of the State Bank of Travancore who was removed from service pursuant to departmental enquiry for fraud committed on the bank.
Justice P.V. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel (1964) to state that the writ jurisdiction of the High Court cannot be invoked to consider sufficiency or adequacy of evidence to arrive at a particular conclusion in an enquiry by the disciplinary authorities.
Case title: Sister Annamma Mathai v State of Kerala
Citation: 2024 LiveLaw (Ker) 213
The manager of an unaided school functioning under the provisions of the Kerala Education Act and Rules thereunder with the name 'Little Flower Girls Higher Secondary School' approached the Kerala High Court against orders issued by authorities to remove the term 'Girls' from its name.
The order was issued by the Kerala State Commission For Protection Of Child Rights.
Justice P.V.Kunhikrishnan observed that the school was not heard before decisions were taken regarding changing its name. It stated that the school need not change its name based on the orders issued by the Kerala State Commission For Protection Of Child Rights since it would create confusion.
Case title: Aynikkal Plantations Pvt. Ltd v State of Kerala
Citation: 2024 LiveLaw (Ker) 214
The Kerala High Court has held that land utilized for the cultivation of cardamom should be retained for cardamom cultivation itself and any violation would result in resumption of land with the Government.
The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen stated that land utilized for cardamom cultivation under the Kerala Land Utilisation Order (KLUO) 1967 shall not be used for cultivation of any food crop or any other purpose except under the written permission given by the Collector.
Case title: Sheela v. Abdul Gafoor
Citation: 2024 LiveLaw (Ker) 215
The Kerala High Court has clarified that a lease deed for less than 12 months cannot be rejected for want of registration under Section 107 of the Transfer of Property Act.
“A mere reading of Section 107 of the Transfer of Property Act, will make it clear that the requirement of compulsory registration of lease deed is applicable only in respect of a lease from year to year or for any term exceeding one year, or reserving an yearly rent” observed Justices Anil K. Narendran and G. Girish.
Case Title: Anil Kumar and Ors. v. State of Kerala
Citation: 2024 LiveLaw (Ker) 216
The Kerala High Court has directed the Kerala Legal Services Authority to conduct an Adalat to address the grievances of those affected by the Puthiyakavu Temple blast in Tripunithara.
Justice CS Dias was hearing a bail application of the accused in the Puthiyakavu Bhagavathy Temple fireworks explosion matter. The Court rejected the bail plea and said: “The investigation in the case is only at its nascent stage and the reasonable apprehension projected by the prosecution that the petitioners are not entitled to be enlarged on bail. If the petitioners are enlarged on bail, it would have a deleterious impact on the society and justice would be thwarted.”
Case Title: Eby @ Philip Ninan v. State of Kerala
Case Citation: 2024 LiveLaw (Ker) 217
The Kerala High Court has stated that a dying declaration provided by the victim can be the sole basis of conviction if made in fit state of mind, adding that it is for the court to determine whether the individual was in the fit state of mind from the evidence available on record.
“The other circumstances highlighted by the prosecution from the remaining part of the evidence of PW4 and also from the evidence of PW1 and PW2 are not at all sufficient to prove the guilt of the appellant on on analysing the said evidence noticing the principles that have to guide us in appreciating the circumstantial evidence” observed Justice AK Jayasankaran Nambiar and Justice Kauser Edappagath.
Case Title: Manaf Ali Hassan Versus The National Faceless Assessment Centre
Citation: 2024 LiveLaw (Ker) 218
The Kerala High Court has held that the writ petition challenging orders of Tamil Nadu assessing authority is not maintainable merely for having a bank account in Kerala.
The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V. M. has observed that merely because the appellant has a bank account within the State of Kerala, he cannot maintain a Writ Petition challenging the orders passed by an assessing authority who is situated in Tamilnadu, more so when the orders in question are issued in connection with the business carried out by the appellant in Tamilnadu.
Case Title: M/S Sree Narayana Guru Memorial Educational And Cultural Trust Versus The Assistant Commissioner Of Income Tax
Case Citation: 2024 LiveLaw (Ker) 219
The Kerala High Court has held that assessments can be reopened based on audit objections under a new reassessment regime.
The bench of Justice Dinesh Kumar Singh has observed that the provisions have been drastically changed with effect from April 1, 2022, and the audit objection is one of the reasons for re-opening the assessment. If the revenue audit raises an objection that the assessment was not completed in accordance with the provisions of the Act, it cannot be treated as a change of opinion because this is the statutory prescription and statutory ground for re-opening the assessment.
Case Title: Shyju v. State of Kerala
Case Citation: 2024 LiveLaw (Ker) 220
The Kerala High Court has stated that a document can be submitted as evidence under Section 311 of the Code of Criminal Procedure, 1973, which was not procured during investigation nor produced along with the final report.
“The contention that the document was not seized earlier or that it was not part of the final report, is not a relevant consideration in a proceeding of this nature” observed Justice Bechu Kurian Thomas.
Case title: State Bank of India v Jespin Raju
Citation: 2024 LiveLaw (Ker) 221
The Kerala High Court has held that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 being a central legislation will have primacy over the Kerala State Fishermen Debt Relief Commission Act, 2008.
The Court was considering the validity of an order issued by the Kerala State Fishermen Debt Relief Commission interdicting the powers of the State Bank Of India in initiating recovery proceedings under the Securitisation Act.
Justice Easwaran S. stated that the Securitisation Act enacted by the Parliament under Article 246 of the Constitution will predominate over the Kerala State Fishermen Debt Relief Commission Act, 2008. It also stated that Section 35 of the Securitisation Act gave an overriding effect to it over other laws.
Case Title: The Income Tax Officer Ward Versus Vazhakkulam Block Rural Co-Operative Society Ltd.
Case Citation: 2024 LiveLaw (Ker) 222
The Kerala High Court has held that affording a personal hearing to the assessee is mandatory in an inquiry under Section 148A(b) of the Income Tax Act.
The bench of Justice A.K. Jayasankaran Nambiar and Justice Kauser Edappagath has relied on the decision of the division bench in the case of Income Tax Officer v. Asamannoor Service Co-operative Bank Limited, in which it was held that the express provisions of Section 148A of the Income Tax Act contemplate that the assessee should be granted an opportunity of being heard, and the question arising in the appeal is only whether that opportunity to be effective must include a right to a personal hearing as well.
Case title: Anwar Sadique K v State of Kerala
Citation: 2024 LiveLaw (Ker) 223
The Kerala High Court has refused anticipatory bail to a 31 years old Malappuram resident booked for attacking an Advocate Commissioner appointed by the Court to carry out local investigation.
Justice A. Badharudeen remarked that an attack against courts and its officials cannot be taken lightly and should be dealt with seriously as it amounts to an attack against the judiciary.
Case Title: R. Krishnaprasad Versus Commissioner of Customs
Case Citation: 2024 LiveLaw (Ker) 224
The Kerala High Court directed that the referral laboratory, namely the Central Fertilizer Quality Control Unit, Faridabad, shall ensure that the analysis of the urea sample is done expeditiously and that the report thereof reaches the Kochi Customs Authority within a month from the date of receipt of the sample at the said laboratory.
The bench of Justice A.K. Jayasankaran Nambiar and Justice Kauser Edappagath has observed that the respondents/department shall, jointly with the appellant, draw samples from the consignment of the urea imported by the appellant, which is the subject matter of these proceedings, and after giving one sample to the appellant, send the other samples to the referral laboratory for analysis and for a test report on the biuret content in the said sample as to whether or not it conforms to the specifications for technical grade urea as per IS 1781:1975, RA 2021.
Case Title: Nilesh Ramachandra Japthap v. State of Kerala and ors.
Case Citation: 2024 LiveLaw (Ker) 225
The Kerala High Court has quashed proceedings against the individual accused of impersonating a police officer to enter the residence of cricketer S Sreesanth.
A single bench consisting of Justice Bechu Kurian Thomas heard the plea.
The court reasoned that mere impersonation does not qualify for an offence under Section 419 for cheating by personation, adding that the offence is only attracted when, along with the impersonation, the accused inflicts damage or harm to body, mind, reputation, or property.
Case title: St. Antony's Forane Church v District Police Chief (Rural)
Citation: 2024 LiveLaw (Ker) 226
The Kerala High Court has stated that the Writ Court cannot intervene in the manner of conducting rituals in church under Article 226 of the Constitution especially when civil proceedings were pending between the parties.
“It is thus obvious that, on issues relating to the conduct of rituals in the Church, this Court cannot intervene, while acting under Article 226 of the Constitution of India, particularly when the parties are already litigating it before the competent Civil Court”, stated Justice Devan Ramachandran
Case Title: N. Swaminathan and ors. v. State of Kerala and ors.
Case Citation: 2024 LiveLaw (Ker) 227
The Kerala High Court has dismissed a plea requesting that the Kerala State Co-operative Employees' Pension Board be directed to not use the pension funds for any other purpose since it was likely to be transferred to the State Treasury. The court remarked that it was implausible for an investment of the 'Corpus Fund' to be transferred into the 'State Treasury'.
“Prima facie, I cannot find favour with the petitioners for another reason, namely that it is incomprehensible how an investment of the 'Corpus Fund' can be made by its transfer into the 'State Treasury', since this does not appear to be authorised by the Schemes; nor can it be normally seen to be 'investment', to obtain growth” observed Justice Devan Ramachandran.
[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
Case title: Carnival Films Pvt. Ltd. v State of Kerala
Citation: 2024 LiveLaw (Ker) 228
The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record.
Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack of an affidavit on record would vitiate the process.
Case Title: The Principal Commissioner Of Income Tax Versus Gracy Babu
Citation: 2024 LiveLaw (Ker) 229
The Kerala High Court has held that consideration received by trustees for such relinquishment of trusteeship cannot be treated as a capital receipt for the purposes of assessing it under the head of capital gains; the consideration will have to be treated as the individual income of the assessees and assessed accordingly under the appropriate head.
The bench of Justice A.K. Jayasankaran Nambiar has observed that a perusal of the trust deed in the instant cases does not indicate that any power was conferred on the trustees to relinquish their position as trustees en banc. A person who is appointed as trustee is not bound to accept the trust, but having once entered upon the trust, he cannot renounce the duties and liabilities except with the permission of the court, with the consent of the beneficiaries, or by the authority of the trust deed itself.
Case Title: Mini Muthoottu Credit India (P) Ltd. Versus Commissioner Of Income Tax
Citation: 2024 LiveLaw (Ker) 230
The Kerala High Court has held that the land in question was used for agricultural purposes, which yielded agricultural income, which in turn was exempt from income tax under Section 10(1) of the Income Tax Act.
The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that there is no material produced by the appellant that would clearly suggest that the loan amount availed by it during the assessment year in question had been used for purchasing an asset, which it had used for the purposes of its business as a provider of asset management services. The evidence that was available before the authorities below clearly pointed to the acquisition of agricultural land valued at Rs. 5,91,52,500 and the earning of agricultural income through the sale of tapioca to the tune of Rs. 1,93,540.
Other Significant Developments This Week
Case title: Biju Antony Aloor @ B.A. Aloor v State of Kerala
Case number: B. A. No. 1634 of 2024
The Kerala High Court granted anticipatory bail to Advocate B A Aloor for allegedly sexually assaulting a minor child child. The specific allegation was that Advocate Aloor sexually assaulted the minor child who met him along with her mother to avail loan for a business transaction.
“Having noticed the facts of this case in the above line, directing the petitioner to subject himself for interrogation, the petition can be allowed by imposing necessary conditions”, stated Justice A. Badharudeen.
[Madrasa Teacher Murder] State Govt Moves Kerala High Court Against Acquittal Of Accused RSS Workers
Case Title: State of Kerala v Ajeesh @ Appu & Ors.
Case Number: CRL.A 657/2024
The State Government has moved an appeal before the Kerala High Court challenging the acquittal of three RSS workers Ajesh (accused 1), Nidhin Kumar (accused 2) and Akhilesh (accused 3) in the murder of Madrasa Teacher Muhammad Riyas.
In appeal, the State Government submitted that the accused should not have been acquitted since the prosecution produced conclusive and sufficient evidence including scientific and digital evidence to unshakingly prove the guilt of the accused by establishing the chain of events leading to the death of Riyas.
Kerala High Court Stays GST Recovery Proceedings Against Bar Council Of Kerala
Case title: Bar Council of Kerala v The Additional Commissioner
Case number: WP(C) 13133/2024
The Kerala High Court stayed the proceedings initiated by the Additional Commissioner, Central Board of Indirect Tax and Customs for recovery of service tax, penalty and interest from the Bar Council of Kerala.
Justice Dinesh Kumar Singh ordered that no coercive steps shall be taken against the Bar Council of Kerala.
Case title: Kerala Infrastructure Investment Fund Board V Director, Thomas Issac v Deputy Director
Case number: WPC 1377/2024 & WPC 3719/2024
The Kerala High Court stated that the Enforcement Directorate (ED) has to convince the Court regarding the specific allegations raised by it to prove illegality in the conduct of Former Finance Minister Dr Thomas Isaac showing his involvement in the masala bonds case.
“Atleast to convince myself that there is something involved in it… Without being convinced on that, I don't want to enter into it,”, orally stated Justice T R Ravi while adjourning the matter to Tuesday for the ED to convince the Court.
Case title: K G Suraj v Election Commission of India
Case number: WP (C) No. 14379/2024
The Kerala High Court today refrained from passing any orders against airing 'The Kerala Story' on Doordarshan on April 05, 2024 at 8.00 PM. (today).
Justice T R Ravi declined to pass any orders since the petitioner had only emailed representations to the Election Commission of India, Director General, Doordarshan and Director General, Prasar Bharati to prohibit airing the movie on April 04, 2024. The Court stated that the authorities should have been given time to decide on the grievances alleged by the petitioner.
Case title: Jayaprakash T v Union Of India & Ors.
Case number: WP (Crl) 377/2024
Jayaprakash T, father of deceased Sidharthan J S, second year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad district moves the Kerala High Court seeking a direction from the Union Government to entrust the investigation with the CBI based on a government order issued by the State Government.
The plea was filed alleging delay on the part of the State Government in forwarding the essential documents to the Union Government for taking further action for entrusting the investigation with the CBI.
Case title: Jayaprakash T v Union Of India & Ors.
Case number: WP (Crl) 377/2024
The Kerala High Court today stated that delay can defeat the ends of justice and affect the entire investigation and called upon the Union Government to issue notification under Section 5 of the Delhi Special Police Establishment Act without delay for entrusting the investigation into the death of Sidharthan with the CBI.
The Court observed that once notification was issued by the State Government under Section 6 of the Delhi Special Police Establishment Act giving sanction to CBI investigation, there should not be a further delay on the part of the Union Government directing CBI investigation under Section 6 of the Delhi Special Police Establishment Act.
Case title: Suo Moto v State of Kerala
Case number: DBP NO. 25 OF 2024
The Kerala High Court is set to consider the feasibility of allowing wheelchairs inside the Nalambalam of Temples under the Travancore, Cochin, Malabar and Guruvayoor Devaswoms for facilitating differently abled devotees to have darshan inside the Temples in Kerala.
The Division Bench comprising Justice Anil K. Narendran and Justice Harisankar V. Menon appointed Advocate V. Ramkumar Nambiar as Amicus Curiae to assist the Court. The Court has also directed the State Government and Standing Counsels of Travancore, Cochin, Malabar and Guruvayoor Devaswoms to get instructions in this matter and to submit their suggestions, if any.
Kerala High Court Calls For Transparency In Appointments Of Non-Hereditary Trustees In Temples
Case Title: Manikandan MP v. State of Kerala
Case Number: WP(C) NO. 7713 of 2024
The Kerala High Court has directed that the information relating to appointments of non-hereditary trustees of temples should be published and displayed in public places so that the devotees are informed of such developments.
“We deem it appropriate to direct the 2nd respondent Malabar Devaswom Board to give wide publicity to the notifications issued for making appointments to the post of non-hereditary trustees in the temples, which are controlled institutions under the Board” stated division bench of Justice Anil K Narendran and Justice Harishankar V Menon.
[Veterinary Student Death] Kerala High Court Declines To Grant Stay On Suspension Of Vice-Chancellor
Case title: Dr. M. R. Saseendranath V State of Kerala
Case number: WP(C) 9022/ 2024
The Kerala High Court declined to grant a stay on the suspension order, pending an enquiry issued by the Governor against Dr. M. R. Saseendranath, Vice Chancellor of Kerala Veterinary and Animal Science University.
Dr Saseendranath was suspended pending enquiry on grounds of dereliction of duty and lack of sincerity over the suicide of Sidharthan J S, a second-year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad district. It is alleged that Sidharthan committed suicide on February 18, 2024, in the hostel room of his college because of ragging and brutal assault from a group of students in the college.
Case title: Dr. M. R. Saseendranath V State of Kerala
Case number: WP(C) 9022/ 2024
Jayaprakash T, father of deceased Sidharthan J S, second year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad district has moved the Kerala High Court seeking permission to be impleaded as the 4th respondent in a petition challenging the University Vice Chancellor's suspension.
Dr. M. R. Saseendranath, Vice Chancellor of Kerala Veterinary and Animal Science University was suspended pending enquiry by the Governor over the suicide of Sidharthan. The Court was not inclined to grant a stay against the suspension order.
Case title: Usha P E v State of Kerala
Case number: WP(CRL.) NO. 368 OF 2024
The Kerala High Court appointed Advocate John S Ralph as amicus curiae in a plea seeking vigilance enquiry into circumstances that led to the suicide of Assistant Public Prosecutor Aneeshya in January 2024.
Aneeshya was working as an Assistant Public Prosecutor (APP) at Munisff Magistrate Court in Kollam and it is alleged that she committed suicide due to continuous mental harassment and torture from her superiors at work.
Justice K Babu held thus, “ Advocate Sri.John S.Ralph is appointed as Amicus Curiae”.
Case title: Megharaj P S @ Megha Renjith V State of Kerala
Case number: WPC 11210/2024
The Kerala High Court last week admitted a plea moved by an Indian Youth Congress (IYC) worker seeking compensation for head and neck injuries allegedly sustained in a police lathi charge during a peaceful protest march held to the Alappuzha Collectorate on January 15.
The IYC had organized the protest march against alleged police harassment of IYC Kerala President and congress workers during Nava Kerala Sadas.
Justice T R Ravi admitted the plea and directed the Government Pleader to file a statement.