Nominal Index [Citations: 2024 LiveLaw (Ker) 506 – 522]Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 506Bar Council of Kerala and Others v Unnikrishnan H. and Others, 2024 LiveLaw (Ker) 507K. S. Sivarajan v State of Kerala and Others, 2024 LiveLaw (Ker) 508Indian Space Research Organization V M/S.Roopam Engineers And Contractors Private Ltd, 2024 LiveLaw (Ker) 509P. M. Kurian v Deepa...
Nominal Index [Citations: 2024 LiveLaw (Ker) 506 – 522]
Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 506
Bar Council of Kerala and Others v Unnikrishnan H. and Others, 2024 LiveLaw (Ker) 507
K. S. Sivarajan v State of Kerala and Others, 2024 LiveLaw (Ker) 508
Indian Space Research Organization V M/S.Roopam Engineers And Contractors Private Ltd, 2024 LiveLaw (Ker) 509
P. M. Kurian v Deepa Mohanan and Others, 2024 LiveLaw (Ker) 510
XXX v State of Kerala, 2024 LiveLaw (Ker) 511
Joel Joji v State of Kerala, 2024 LiveLaw (Ker) 512
Chandra Babu v Vidya Pushpan and Others, 2024 LiveLaw (Ker) 513
Union of India v Colonel Shashi Thomas, 2024 LiveLaw (Ker) 514
State of Kerala v Anil Kumar @ Jacky and Others, 2024 LiveLaw (Ker) 515
Salim and Others v State of Kerala and Others, 2024 LiveLaw (Ker) 516
C. Shukkur v The State of Kerala, 2024 LiveLaw (Ker) 517
XXX v State of Kerala, 2024 LiveLaw (Ker) 518
Suhail M A v State of Kerala, 2024 LiveLaw (Ker) 519
The Managing Director, Quatro Investments v Joy Mathew, 2024 LiveLaw (Ker) 520
Smt. Pathminim Legal Heir Of Mr. Mattummel Kunhiraman Versus State Of Kerala, 2024 LiveLaw (Ker) 521
Global Distributors Versus The Assistant Commissioner, 2024 LiveLaw (Ker) 522
Judgments/ Orders This Week
Case Title: Suo Moto v State of Kerala
Citation: 2024 LiveLaw (Ker) 506
The Kerala High Court has stated that it will not be feasible to direct the Travancore Devaswom Board to shift 15 bio toilet units kept at Sabarimala to relief camps at Wayanad due to the anticipated large number of pilgrims for Chingamasapooja from August 16, 2024.
Case Title: Bar Council of Kerala and Others v Unnikrishnan H. and Others
Citation: 2024 LiveLaw (Ker) 507
The Kerala High Court held that it cannot interfere with the timeline fixed by the Bar Council of Kerala for enrollment. The Court noticed that the Bar Council fixed the timeline based on the instructions of the Bar Council of India and the Court should not interfere with it.
Case Title: K. S. Sivarajan v State of Kerala and Others
Citation: 2024 LiveLaw (Ker) 508
The Kerala High Court has allowed a plea to quash the final report and stay further proceedings in a case of rape. The Court observed that the complainant being a social worker ought to have raised a complaint against the alleged sexual assault without much delay. Reportedly, there was a delay of three and a half months in filing the F.I.R.
Case Title: Indian Space Research Organization V M/S.Roopam Engineers And Contractors Private Ltd
Citation: 2024 LiveLaw (Ker) 509
The Kerala High Court has held that the Writ Court does not always lack jurisdiction to address disputes involving a 'State' entity under Article 12 when it enters into a purely contractual relationship with a private party.
Case Title: P. M. Kurian v Deepa Mohanan and Others
Citation: 2024 LiveLaw (Ker) 510
The Kerala High Court has imposed an exemplary cost of Rs. 1 Lakh on an advocate who filed a 'frivolous' contempt petition against a judicial officer. The contempt petition was filed alleging that the judicial officer colluded with an advocate and parties in disobeying the directions of the High Court in a case being contested by the contempt applicant.
Case Title: XXX v State of Kerala
Citation: 2024 LiveLaw (Ker) 511
The Kerala High Court held that when prosecution allegations make out prime facie case, then whether a sexual relationship took place after obtaining consent on the misconception of fact on the promise of marriage has to be decided during evidence.
Case Title: Joel Joji v State of Kerala
Citation: 2024 LiveLaw (Ker) 512
The Kerala High Court has held that the criminal antecedents of the accused would not stand in the way of compounding an offence that is otherwise compoundable under the Indian Penal Code.
Case Title: Chandra Babu v Vidya Pushpan and Others
Citation: 2024 LiveLaw (Ker) 513
Kerala High Court held that a couple who did a marriage ceremony when their previous marriages were subsisting and lived together for a considerable period of time cannot be said to have a 'relationship in the nature of marriage' as mentioned in the definition of 'domestic relation' in Section 2(f) of Protection of Women From Domestic Violence Act (PWDV Act).
Case Title: Union of India v Colonel Shashi Thomas
Citation: 2024 LiveLaw (Ker) 514
The Kerala High Court has held that war injury pension and disability pension claims are not a bounty but a right available to eligible military personnel. The Court held that provisions of Pension Regulations for military personnel must receive beneficial interpretation.
Case Title: State of Kerala v Anil Kumar @ Jacky and Others
Citation: 2024 LiveLaw (Ker) 515
The Kerala High Court has acquitted 7 convicts in the murder of gangster Santhosh, also known as Jet Santhosh. Two of the convicts were sentenced to death and others were sentenced to life imprisonment by the Additional Sessions Judge – I, Trivandrum.
The Division Bench of Justice A. K. Jayasankaran and Justice Syam Kumar V. passed the order after finding the approver, on whom the prosecution case was heavily based, was not reliable.
Case Title: Salim and Others v State of Kerala and Others
Citation: 2024 LiveLaw (Ker) 516
The High Court held that the principle of compounding of offence applicable for Section 320(8) of the Code of Criminal Procedure (Cr.P.C) is also applicable to the compounding of offences under Section 67A of the Abkari Act. Section 320(8) of the CrPC says that compounding will have the effect of acquittal.
Case Title: C. Shukkur v The State of Kerala
Citation: 2024 LiveLaw (Ker) 517
The Kerala High Court came down heavily on a lawyer who approached the Court with a Public Interest Litigation requesting the establishment of a centralized system for collecting and managing the disaster relief funds meant to aid landslide victims in Wayanad. The petitioner alleged that the funds being collected for the relief of the Wayanad landslide victims, were not reaching the intended beneficiaries.
Case Title: XXX v State of Kerala
Citation: 2024 LiveLaw (Ker) 518
The Kerala High Court has allowed the bail applications moved by two boys aged 19 and 20 years old, cousins of a 17-year-old girl who lodged a false POCSO case against them for objecting to her love affair.
Case Title: Suhail M A v State of Kerala
Citation: 2024 LiveLaw (Ker) 519
The Kerala High Court has directed that stringent conditions, at least in the form of a bank guarantee must be imposed while directing the release of vehicles dumping waste onto public property.
Case Title: The Managing Director, Quatro Investments v Joy Mathew
Citation: 2024 LiveLaw (Ker) 520
A single judge bench of the Kerala High Court, comprising Justice N. Nagaresh, while deciding a petition, held that an employee is entitled to arrears of salary because the employer could not produce enough evidence to prove that employee was engaged in dual employment.
Case Title: Smt. Pathminim Legal Heir Of Mr. Mattummel Kunhiraman Versus State Of Kerala
Citation: 2024 LiveLaw (Ker) 521
The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act.
The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has granted the liberty to the appellant to prefer a statutory revision before the District Collector against the order, by which the First Appellate Authority affirmed the assessment order of the Tahsildar, assessing the buildings belonging to the appellant to building tax.
Case Title: Global Distributors Versus The Assistant Commissioner
Citation: 2024 LiveLaw (Ker) 522
The petitioner/assessee has challenged the orders of assessment and summary of orders for the years July 2017 and August 2017 under the CGST/SGST Acts. The registration of the petitioner had been cancelled on 12.12.2021 with effect from 30.11.2019, and the petitioner was therefore unaware of the orders passed and did not get an opportunity to file returns.
The orders were uploaded on the portal, which had not been accessed by the petitioner since the registration had been cancelled and the petitioner was no longer continuing with the business.
The Kerala High Court has quashed the assessment orders and remanded the matter back on condition of remitting Rs. 10 lakhs towards the GST liabilities.
Other Important Developments This Week
Case Title: K. K. Abraham v Asst. Director, Directorate of Enforcement
Case No: Bail Application 3610/ 2024
The Kerala High Court has granted bail to K. K. Abraham, former general secretary of the Kerala Pradesh Congress Committee (KPCC). Justice C. S. Dias passed the order after considering the health issues of the accused. The Court has not passed any final orders on the bail application.
Case Name: Sajimon Parayil v State of Kerala and Others
Case Number: WP(C) 26497/ 2024
Malayalam film producer, Sajimon Parayil submitted before the Kerala High Court that there is no public interest involved in disclosing the contents of the Justice Hema Commission Report.
Case Name: Sajimon Parayil v State of Kerala and Others
Case Number: WP(C) 26497/ 2024
The Kerala High Court has reserved its judgment in the plea challenging the publication of the contents of Justice Hema Commission Report. Justice V G Arun reserved the judgment for August 13, 2024 (Tuesday).
Case Title: The Varappuzha Grama Panchayath v The National Highway Authority Of India
Case Number: WP(C) NO. 16539 OF 2024
The Kerala High Court observed that there must be consultation between the State Government and the National Highways Authority to find out a concrete solution to prevent water logging on the sides of National Highways, leading to hardships faced by those living near these highways which lacked a proper drainage mechanism.
Kerala High Court Dismisses Election Petition Filed By KPM Mustafa Against MLA Najeeb Kanthapuram
Case Title: K. P .Mohammed Musthafa v Najeeb Kanthapuram & others
Case No: El. Pet. 4/ 2021
Kerala High Court today dismissed the election petition filed by KP Mohammed Mustafa, the Left Democratic Front (LDF) candidate in 2021 Kerala Legislative Assembly Election from Perinthalmanna constituency.
Case Title: The Secretary v O D Thomas
Case Number: WA NO. 664 OF 2024
The Kerala High Court on the direction of Acting Chief Justice A. Muhammad Mustaque and in response to requests submitted to the Registry, has registered a suo moto case to prevent and manage natural disasters in Kerala.
The Court has listed the suo moto proceedings along with the writ appeals and connected cases concerning quarrying and construction activities in Wayanad District.
Case Title: C. Shukkur V The State Of Kerala
Case Number: WP(C) 28487/ 2024
The Kerala High Court will be considering a writ petition moved by a lawyer seeking measures from the State Government, Director General of Police, Wayanad District Collector to come up with a centralized mechanism for collection and management of disaster relief funds intended for assisting landslide victims in Wayanad.
Kerala High Court Stops Construction In Hilly Terrain With Steep Slopes
Case Title: S. Unnikrishnan v State of Kerala and Others
Case No: WP(C) 27562 of 2024
Kerala High Court has ordered interim stay on any construction in hilly terrain with steep slopes.The Division Bench of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu said there is no clarity in the rule allowing such construction. The order was passed keeping in mind the ecological imbalances created by such construction.
Case Title: Suo Moto v State of Kerala
Case Number: WP(C) 28509/ 2024 & Connected Cases
The Kerala High Court has appointed Senior Advocate Ranjith Thampan as Amicus Curiae to assist it in the suo moto case, initiated in the aftermath of devastating Wayanad landslides, to prevent and manage natural disasters in Kerala.
The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. noted that while there are numerous legislations and authorities involved, there must be effective coordination among them. It emphasized the need for a 'holistic approach' to prevent and manage natural disasters in the State.