Kerala High Court Monthly Digest: October 2023 [Citations: 531-613]

NBCC India Ltd. & Anr. v. Joshy Varghese and connected matter 2023 LiveLaw (Ker) 532

Mallika v. Sree Mutharamman Temple Trust & Anr. and connected matter 2023 LiveLaw (Ker) 533

Gugulloth Lakshman IPS v. State of Kerala & Anr. 2023 LiveLaw (Ker) 534

State of Kerala & Others v. Abhidev 2023 LiveLaw (Ker) 549

Noushad Flourish v. Akhila Noushad & Anr. 2023 LiveLaw (Ker) 550

XXX v State of Kerala 2023 LiveLaw (Ker) 551

K.C.C. Buildcon Pvt. Ltd. v. Govt. of Kerala & Ors. and connected matter 2023 LiveLaw (Ker) 552

K.M. Shaji v. State of Kerala 2023 LiveLaw (Ker) 553

Amith v. State of Kerala 2023 LiveLaw (Ker) 554

James A.C. v K.A. Sakthidharan 2023 LiveLaw (Ker) 555

XXX v. State of Kerala & Ors. 2023 LiveLaw (Ker) 556

Fathima Beevi v Abdul Rahman 2023 LiveLaw (Ker) 557

Nimmy Mathew v. State of Kerala & Anr. 2023 LiveLaw (Ker) 558

XXXX v State of Kerala 2023 LiveLaw (Ker) 559

Jyothi v State of Kerala 2023 LiveLaw (Ker) 560

Malanad Service Co-Operative Bank Ltd. v. Station House Officer & Ors. 2023 LiveLaw (Ker) 561

Ashiq Sulthan v. State of Kerala 2023 LiveLaw (Ker) 562

Raju J. Vylattu v. P.V. Alexander & Anr. and connected matter 2023 LiveLaw (Ker) 563

Ramla Kabeer v. State of Kerala 2023 LiveLaw (Ker) 564

Kakkovil Muliyarakkal Krishnan Children V Kakkovil Muliyarakkal Vilasini(Died) 2023 LiveLaw (Ker) 565

XX v. CBSE Regional Office & Anr. 2023 LiveLaw (Ker) 566

Sanath Roy v State of Kerala 2023 LiveLaw (Ker) 568

Narayanan v State of Kerala 2023 LiveLaw (Ker) 569

Sathar K.A. v. The Revenue Divisional Officer (RDO) & Ors. Citation: 2023 LiveLaw (Ker) 570

Niyas v. State of Kerala 2023 LiveLaw (Ker) 571

AT v Union of India 2023 LiveLaw (Ker) 573

PKV v AKA 2023 LiveLaw (Ker) 574

Siju K Bhanu v The District Collector & Maintenance Appellate Tribunal & Connected Case 2023 LiveLaw (Ker) 575

Sabu Johny v. State of Kerala & Ors. 2023 LiveLaw (Ker) 576

Thara Philip v. Federal Bank Ltd. & Anr. 2023 LiveLaw (Ker) 577

M/S Punarnava Ayurveda Hospital Pvt Ltd V The Arbitrator For Nh 66 & District Collector 2023 LiveLaw (Ker) 577

Dr. Sajeer v. Reserve Bank of India & Anr. and other connected matters 2023 LiveLaw (Ker) 578

K.T. Sukumaran v State of Kerala 2023 LiveLaw (Ker) 579

Muhammed Shafeek v. M/S Tasty Nut Industries & Ors. 2023 LiveLaw (Ker) 580

S v. D & connected matter 2023 LiveLaw (Ker) 581

Hema Anil v State of Kerala 2023 LiveLaw (Ker) 582

Ayub H.H. v State of Kerala 2023 LiveLaw (Ker) 583

K.R. Mahadevan v. Mattannur Municipality & Ors. 2023 LiveLaw (Ker) 584

Dr. Ciza Thomas v. State of Kerala 2023 LiveLaw (Ker) 585

Venugopalan v The Managing Partner 2023 LiveLaw (Ker) 586

New India Assurance Co. Ltd. v. Shymi & Ors. 2023 LiveLaw (Ker) 587

Jayaprakash A. v. Union Bank of India & Ors. 2023 LiveLaw (Ker) 588

Naseema Beevi v Ameer Shahul @ Ameer P.S. 2023 LiveLaw (Ker) 589

Kuthiralamuttam Saji v State of Kerala 2023 LiveLaw (Ker) 590

Kurien E. Kalathil v. Federal Bank Ltd. & Ors. 2023 LiveLaw (Ker) 591

Viju P Varghese v The Cochin Port Trust 2023 LiveLaw (Ker) 592

Shamsudheen v State of Kerala 2023 LiveLaw (Ker) 593

M/S Sama Rubbers & Ors. v. South Indian Bank Ltd. & Anr. 2023 LiveLaw (Ker) 594

Ex-Sub Inspector/Exe. Biju K.A. v Additional Director General CISF 2023 LiveLaw (Ker) 595

Philip Mathew v P Jayarajan & Connected Case 2023 LiveLaw (Ker) 596

Johnson Stephen v. Chinchumol & Anr. 2023 LiveLaw (Ker) 597

Mukesh v State of Kerala 2023 LiveLaw (Ker) 598

Justin O.S v The Kerala State Road Transport Corporation 2023 LiveLaw (Ker) 599

K. Babu v. State of Kerala 2023 LiveLaw (Ker) 600

D. Ieda Bhai & Ors. v. K. Ashokan & Ors. and connected matter 2023 LiveLaw (Ker) 601

M/S New India Assurance Company Ltd v Vijayan 2023 LiveLaw (Ker) 602

Ramachandran & Ors. v. Harrisons Malayalam Ltd. 2023 LiveLaw (Ker) 603

K.B. Ganesh Kumar v. State of Kerala 2023 LiveLaw (Ker) 604

K V Anilkumar v State of Kerala 2023 LiveLaw (Ker) 605

X & Anr. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 606

Vijay Kirgandur v State of Kerala & connected cases 2023 LiveLaw (Ker) 607

M/S. South Coast Spices Exports Pvt. Ltd Versus PCIT 2023 LiveLaw (Ker) 608

J.C. Daniel Foundation & Anr. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 609

Leela v M.K. Sukumaran 2023 LiveLaw (Ker) 610

Popular Motor Corporation v. State of Kerala & Anr. 2023 LiveLaw (Ker) 611

Rajan P v State of Kerala 2023 LiveLaw (Ker) 612

Mohamed v. Kunhalankutty & Ors. 2023 LiveLaw (Ker) 613

Case Title: The Ramapuram Regional Service Co-Operative Bank v State of Kerala

Citation: 2023 LiveLaw (Ker) 531

The Kerala High Court has held that newspaper publication of the proposed amendment to bye-laws of a cooperative society alone and not the existing provision of the bye-laws is mandatory for effecting registration of the amendment.

Justice Sathish Ninan observed that Rule 9(ii) of the Co-operative Societies Rules and circular No.25/2016 issued by the Registrar of Co-operative Societies mandate publication of the proposed amendment of the bye-laws and not the existing provisions. It noted that the Paper publication was intended for the purpose of intimating the members of the society when the members of the society exceeded five hundred in number,

“Therefore, on a proper understanding of Rule 9(ii) of the Rules and Circular No.25/2016, it could only be held that the intimation to the members with regard to the proposed amendment of the bye-laws of the Society, whether it be by personal service or by paper publication as the case may be, need only contain the proposed amendment in its entirety. Such intimation/ publication need not contain the existing provision of the bye-law sought to be amended.”

RERA Authority Can Award Statutory Interest Even If Allottee Withdrawing From Project Claims Lower Rate: Kerala High Court

Case Title: NBCC India Ltd. & Anr. v. Joshy Varghese and connected matter

Citation: 2023 LiveLaw (Ker) 532

The Kerala High Court recently ruled that interest rates payable to allottees withdrawing from a project should be as per Rule 18 of the Kerala Real Estate (Regulation and Development) Rules, 2018 while clarifying that claiming a lesser interest rate does not preclude allottees from receiving the statutory rate.

Justice A. Badharudeen added that while Rule 18 specifies the standard interest rate formula for both promoters and allottees, there can be a deviation from this rate, only when both parties mutually agree to it.

"...the legal position is no more res-integra and payment of interest by the promoter to the allottee or by the allottee to the promoter, as the case may be, shall be the State Bank of India's Benchmark Prime Lending Rate plus two percent interest and shall be computed as simple interest as provided under Rule 18 of the Kerala Real Estate (Regulation and Development) Rules, 2018. However, payment of interest by the allottee to the promoter as provided under Section 19(7) of the Kerala Real Estate (Regulation and Development) Act, 2016, can be one in deviation from the Rule 18 and the interest can be reduced when mutually agreed to between the promoter and the allottee and not in any other manner".

Legal Advice Received After Expiry Of Statutory Appeal Period Not Ground To Condone Delay: Kerala High Court

Case Title: Mallika v. Sree Mutharamman Temple Trust & Anr. and connected matter

Citation: 2023 LiveLaw (Ker) 533

The Kerala High Court while dismissing a rent control revision petition stated that subsequent legal advice given to a party cannot be accepted as a ground for condonation of delay to prefer an appeal.

Justice P.B. Suresh Kumar and Justice P.G. Ajithkumar observed that if delay was condoned based on subsequent legal advice received by a party, then that would defeat the purpose of Limitation Act.

“Subsequent legal advice cannot be accepted as a cause, much less any sufficient cause, to condone the delay in instituting a proceedings in terms of Section 5 of the Limitation Act, for if the subsequent legal advice is accepted as the cause to condone the delay in instituting a proceedings, the same would defeat the very object of the Limitation Act, viz, that every remedy should remain alive only till the expiry of the period fixed by the legislature which is a principle founded on public policy.”

Fake Antiquities Case: Kerala HC Lets Suspended IG Gugulloth Lakshman Withdraw Quashing Plea But Disbelieves His Counsel Acted Without Instructions

Case Title: Gugulloth Lakshman IPS v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 534

The Kerala High Court has permitted Gugulloth Lakshman, Inspector General of Kerala Police (now suspended), to withdraw his plea seeking to quash the case registered against him for his alleged involvement in Monson Mavunkal cheating case.

However, Justice P.V. Kunhikrishnan asked him to pay Rs. 10,000 as cost and disbelieved the suspended IG's claim that his counsel had moved the plea without instructions.

"There is a presumption that a lawyer prepared a brief and field before this Court. The averments in the brief is as instructed by his client. Absolutely no evidence is produced before this court to show that lawyer filed this Crl. M.C. without getting instructions from the petitioner. Now this petitioner is blaming the lawyer saying that it was filed without his instruction. The petitioner is an IG of police and he is not an ordinary person... But, he has not filed any complaint before the Bar Council against the counsel for making such a serious allegation in a Crl. M.C. Case. That itself shows that what the petitioner has stated in the affidavit itself is not correct," the bench said.

Proliferation Of Crime In Election Process Affects Democracy, Can't Let MPs To Continue In Office Despite Conviction: Kerala High Court

Case Title: Sayed Mohammed Noorul Ameer and Ors. v. U.T. Administration of Lakshadweep

Citation: 2023 LiveLaw (Ker) 535

Criminalisation of election process is of grave concern to democracy and if persons with criminal antecedents are permitted to continue as Members of Parliament / Legislatures even after conviction by a competent court, that would only send wrong signals to public at large, the Kerala High Court said.

The observations were made while refusing to suspend the conviction of Lakshadweep MP Mohammed Faizal in a case of attempt to murder. The plea was moved to prevent his disqualification as a sitting Member of Parliament.

Justice N. Nagaresh observed that there are materials prima facie evidencing the criminal acts on the part of Faizal. It remarked,

"Criminalisation of election process is of grave concern in our democratic polity. The tentacles of political crimes and criminalisation of election process have started grappling free and fair elections. Incidents of criminal acts being committed even during meeting of legislative bodies are surfacing. Proliferation of crime in election process could garner momentum to cripple Indian democracy, if men with criminal background are allowed to continue to be part of the democratic system. If persons with criminal antecedents are permitted to continue as Members of Parliament / Legislatures even after conviction by a competent court, that would only send wrong signals to public at large."

Kerala High Court Comes To Aid Of Interfaith Couple, Both Employed With Govt

Case Title: Arjun Rajasekhar v. Director General of Police (Law & Order) & Ors.

Citation: 2023 LiveLaw (Ker) 536

The Kerala High Court came to the aid of a Lance Naik in the Indian Army and an employee of the Indian Railways, seeking to marry each other. Their interfaith relationship was being opposed by the woman's family.

The Division Bench comprising Justice Anu Sivaraman and Justice Viju Abraham ordered that the woman could not be detained against her will, and thereby directed her release. The man's family said it would take necessary steps for ensuring the safety of the detenue.

Kerala High Court Calls For Amendments To Criminal Practice Rules For Adopting Electronic Tracking System, Digitization Of Records

Case title: Suo Moto v State of Kerala

Citation: 2023 LiveLaw (Ker) 537

In a recent suo moto case on missing properties from court custody, the Kerala High Court noted that Rule 184 of Criminal Rules of Practice, 1982 dealing with maintenance of property registers was not in consonance with the technological advancements of present times.

Justice V.G Arun noted that amendments have to be made in Rule 184 for introducing recent technological advancements including digitizing records and registers.

“In my opinion, Rule 184 ought to be amended and provision should also made for digitizing the registers and records, in consonance with the recent developments. Digitization of the registers and introduction of electronic tracking system will help in preventing the stalemate of cases due to the missing, pilferage or damage of properties produced in court. I am expressing this opinion, being conscious of the fact that the case at hand is not an isolated instance of the missing of properties produced in court.”

Attachment Order Comes To End When Absconder Surrenders, No Hindrance On Sale Of Property Thereafter: Kerala High Court

Case Title: Shaheena v. Tahsildar & Anr.

Citation: 2023 LiveLaw (Ker) 538

The Kerala High Court recently reiterated that the purpose of attachment of a property would come to an end when the absconder to whom the property belongs, surrenders before the Court. It added that there would thus not be any attachment order in force hindering payment of tax in respect of the property when it is subsequently sold to another.

While passing the order, Justice Murali Purushothaman, relied upon the decisions in Vimalaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel & Ors. (2008), and Abdul Khadar v. State of Kerala (2015), which had laid down that once the person, against whom the proclamation was issued and whose property was attached, surrenders before the Court and the standing warrants are cancelled, he is no longer an absconder and the purpose of attachment of the property would thus come to an end.

Kerala High Court Allows Parole For Life Convict To Undergo IVF Treatment, Says He Has Every Right To A Decent Life

Case Title: Abhaya V. Venu v. State of Kerala & Ors.

Citation: 2023 LiveLaw (Ker) 539

The Kerala High Court has granted leave to a life convict undergoing incarceration at Central Prison & Correctional Home, Viyyur for undergoing IVF/ICSI treatment.

The convict's wife had approached the Court seeking parole for her husband who had been undergoing imprisonment for the past 7 years, so that he could complete the treatment procedure to have a child, via IVF/ICSI (In Vitro Fertilization / Intracytoplasmic Sperm Injection) Procedure.

Wondering how the Court could turn a blind eye to such genuine requests merely on technicalities, the Single Judge Bench of Justice P.V. Kunhikrishnan observed,

"...when a wife comes before this Court with a request that she wants a child in the relationship with her husband who is undergoing imprisonment in Central Jail, this Court cannot ignore the same on technicalities. Conviction and sentence in criminal cases is mainly to reform and rehabilitate the offenders. The state and society want to see the convict coming out of jail after rejuvenation as a reformed man/woman who will be part of our society. A person who has undergone a sentence in a criminal case need not be treated as a different person when he comes out. He has every right to lead a decent life just like any other citizen".

Kerala Co-operative Societies Rules | Transfer Beyond Society's Territorial Limits Valid Ground To Revoke An Individual's Membership: High Court

Case Title: Rajan K v. Joint Registrar Of Co-Operative Societies

Citation: 2023 LiveLaw (Ker) 540

The Kerala High Court has held that a person who was living beyond the territorial limit of the Society due to a transfer or change in residence becomes ineligible to continue as a member of the Society as per Rule 16 of the Co-operative Societies Rules and Clause 11 of the bye-laws.

Justice Sathish Ninan observed that while the bye-laws did not mention transfer as a ground for ceasing membership, one's transfer beyond the Society's operational area affected their eligibility for membership.

“The Society is formed to cater the needs of the employees within its area of operation - Trivandrum District. When a member is transferred beyond the territorial jurisdiction of the Society, he ceases to satisfy the eligibility criteria to be a member that is, he no more fulfills the requirement in the bye-law to be a member of the Society.”

Court Cannot Itself Indulge In Reading Book To Determine 'Obscenity' When Prosecution Fails To Discharge Initial Onus Of Proof: Kerala High Court

Case Title: Dawood v. State of Kerala

Citation: 2023 LiveLaw (Ker) 541

The Kerala High Court has set aside the conviction of a person accused of displaying obscene books for sale in a shop room on the ground that the prosecution had failed to prove that the books were obscene or that the accused was in possession of the shop room from where the books were seized.

The Single Judge Bench of Justice C.S. Dias noted that the material prosecution witnesses, i.e. the police officers who conducted the search, had neither stated that the books were obscene nor had they proved ingredients for the offence under Section 292(2)(a) IPC ('Sale of obscene books, etc.') against the accused.

"The prosecution having failed to state anything on the contents in the books and no incriminating circumstances being put to the accused under Section 313 Cr.P.C., the action of the courts below in scrolling through the books and then concluding that they are obscene is erroneous and unjustifiable. The action of the courts below has caused prejudice to the accused, because he has been denied an opportunity to explain the exercise carried out by the courts below. Hence, this Court is of the view, there is a total failure of justice in the courts below holding that the books are obscene and, therefore, the accused is guilty of committing the offence," Justice Dias declared.

Unreasonable To Expect Documentary Evidence For Money Exchanged Between Parties At Time Of Marriage: Kerala High Court

Case Title: Fousiya v Shamsudheen Pokkadan

Citation: 2023 LiveLaw (Ker) 542

The Kerala High Court has ordered the return of patrimony amount given by a woman's family to her husband at the time of their marriage, irrespective of the fact that there was no documentary evidence to prove the source of money or the handing over of money.

Justice Anil K Narendran and Justice Sophy Thomas observed that in matrimonial cases, documentary evidence cannot be insisted upon to prove every transaction taken place during a marriage. The Court relied upon the oral testimony given by the wife’s father and brother regarding the patrimony amount. It held thus:

“It is true that no documentary evidence is there to prove the source of money or to prove the handing over of money at the time of marriage. But the oral testimony of PWs 1 and 2 is clear and cogent enough to come to a conclusion that Rs.1,50,000/- was handed over to the respondent at the time of marriage as patrimony of the appellant.”

'Why Channel's Equipments Seized By Police?' Kerala High Court Orders Return Of Devices Of 'Marunadan Malayali' Channel

Case Title: Sojan Scaria v. State of Kerala & Ors.

Citation: 2023 LiveLaw (Ker) 543

The Kerala High Court directed the Ernakulam Sessions Court to return the electronic equipment of Marunadan Malayali Channel, that was seized in connection with a case against its Editor.

The equipment were seized by the police in connection with a case pertaining to the broadcast of a news item against MLA Sreenijin, alleging mal-administration of Sports Hostel at the instance of the MLA in his capacity as the Chairman, District Sports Council.

"This case is to be proved mainly based on oral evidence. I do not know why the entire equipments of this channel are seized by the Police in connection with this case," Justice P.V. Kunhikrishnan remarked.

Kerala High Court Asks Lawyers To Attach Order Passed In First Instance With Revision Petitions, Asks Registry To Be Vigilant

Case Title: Secretary v Muhammed Rasheed

Citation: 2023 LiveLaw (Ker) 544

The Kerala High Court has held that filing revision petitions without attaching the order passed in first instance is in total violation of the High Court's Practice Rules.

It has ordered all lawyers and litigants to ensure that when Revisions, Criminal Revision Petitions, Original Petitions are filed, it must also contain the certified copy of orders passed in the first instance.

A Division Bench comprising Justice Amit Rawal and Justice C.S. Sudha said the Registry has not been raising objection on this issue and hence it is constrained to pass a judicial order directing "all lawyers/litigants to attach the copy of the orders passed in the first instance, in cases of Revisions, CRPs and OPs. Practice of not attaching the order, is totally in deviation to the High Court Rules.”

Kerala HC Acquits 4 BJP Activists Convicted For CPI(M) Worker's Murder In Jail, Criticises Housing Of Prisoners Based On Political Allegiance

Case Title: A.C. Pavithran & Ors. v. State of Kerala and Connected cases

Citation: 2023 LiveLaw (Ker) 545

The Kerala High Court has acquitted four of nine BJP activists who were convicted for committing the murder of a CPI(M) worker due to political rivalry, while they were all lodged in Central Prison at Kannur, serving their sentences in a different case.

The bench of Justice P.B. Suresh Kumar and Justice P.G. Ajith Kumar observed that prisons are meant for reformation of detainees and not for indulging in factionalism or political activities. It quoted Mahatma Gandhi and stated, "Crime is the outcome of a diseased mind and jails must have an environment of hospital for treatment and care."

Court said prison is no place for factionalism and questioned the prison authorities over housing prisoners in different blocks based on their political allegiance.

“We fail to understand how the authorities of the Central Prison, Kannur could house prisoners in different blocks based on their political allegiance. That, in fact, leads to incidents like the instant one. Like prison officers, prisoners also shall not indulge into any political activity inside the four walls of prisons.”

Govt May Conduct Own Enquiry To Determine Suitability Of Character For Public Employment Despite Acquittal In Criminal Case: Kerala High Court

Case Title: State of Kerala v Durgadas

Citation: 2023 LiveLaw (Ker) 546

The Kerala High Court observed that despite acquittals in criminal cases, when the government was unable to form an opinion regarding the character and antecedents of a person, then it can conduct an independent and separate enquiry to assess the character of the candidate.

Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen observed that the government cannot disqualify a candidate from acquiring an employment in public service merely because a criminal case was registered against him. It stated that the government can consider the allegations along with materials against the candidate in the criminal case independently to assess the character and integrity of the candidate to see whether he was suitable for entering the service or not.

“The Government cannot merely restate the allegations in the prosecution and hold that the character is bad to make him unsuitable for the post. Thus, we make it clear that in criminal cases where the prosecution cases end up in acquittal if the Government cannot form an opinion based on the prosecution allegations and other materials including the finding entered by the criminal court as to the character of the person, the Government is bound to conduct separate enquiry as to the character antecedents of the person. Thus, mere registration of the criminal case will not enable the Government to disqualify such a person from becoming a member of service.”

Vehicle Cannot Be Seized Under Kerala Conservation Of Paddy Land Act Without Specific Allegation Of Use For Contravention: High Court

Case Title: Siraj v. The District Collector & Anr.

Citation: 2023 LiveLaw (Ker) 547

The Kerala High Court recently laid down that as per Section 19 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter, 'the Act, 2008'), a vehicle could be seized only when it is used or deemed to have been used for any activity in contravention of the provisions of the Act.

Justice Bechu Kurian Thomas, explained that this was because seizure is a drastic power which could be exercised only when conferred by the statute.

"Seizure of a vehicle interferes with the right of an owner to use his property in the manner he likes, subject, of course, to law. Since seizure interferes with proprietary rights, provisions conferring the power of seizure must be interpreted strictly. The safeguards and the stipulations provided by the statute for the exercise of such a power must also be strictly complied with," the Bench observed.

Case Title: James A.C. v K.A. Sakthidharan

Citation: 2023 LiveLaw (Ker) 555

The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint.

Justice C.S. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court observed thus:

“It is far too well settled that the power of the Magistrate under Sec.256 Cr.P.C to acquit an accused should be exercised judicially, based on a definite conclusion that the complainant no longer desires to prosecute the complaint. The power is not to be indiscriminately exercised whimsically and mechanically for the statistical purposes of removing a docket from its rack as it undermines the cause of justice. Instead, the judicious course would be to direct the complaint to appear for the hearing, if it is imperative, and decide whether the drastic step of acquittal is to be passed in case he fails to appear.”

Kerala High Court Sets Aside Bail Granted To POCSO Accused Over Delayed Reporting, Points Typo In Date Of Crime Mentioned In FIR

Case Title: XXX v. State of Kerala & Ors.

Citation: 2023 LiveLaw (Ker) 556

The Kerala High Court recently set aside a Sessions Court order granting anticipatory bail to 57 years old man accused of sexually assaulting a minor aged 7 years, on the ground that the alleged delay in registering the crime was on account of a typographical error in the FIR qua the date of commission of the offence.

Justice Gopinath P. thereby directed the Sessions Court to reconsider the the bail application of the accused afresh, after affording an opportunity of hearing to both parties.

"The finding in Annexure-A2 order (impugned order of Sessions Court) that there was considerable delay in registering the complaint seems to be on the basis that, in column No-12 of the FIR, on account of some typographical error, it was noted that the offence alleged was in the month of May 2022, while it was actually in the month of May 2023. A reading of Annexure-A2 order shows that the only reason which compelled the Sessions Court to grant anticipatory bail to the accused/2nd respondent is that there was considerable delay in lodging the complaint. This is obviously a mistake of fact owing to the typographical error in the FIR," the Court observed.

For Annulment Of Sale Deed, Executant Must Seek Its Cancellation Whereas Non-Executant Must Seek Declaration Of Its Invalidity: Kerala High Court

Case Title: Fathima Beevi v Abdul Rahman

Citation: 2023 LiveLaw (Ker) 557

The Kerala High Court held that when a sale deed has to be annulled by an executant to a sale deed, he must seek cancellation of the deed. And when a non-executant to sale deed wants to get it annulled, he must seek a declaration that the deed was invalid, non-est in law, illegal or not binding on him.

Justice A. Badharudeen observed thus:

“Thus, the legal position emerges is that, when there is a sale deed, if the executant wanted to annul the same, he had to seek cancellation of the said deed or the relief to set aside the deed. If a non-executant seeks annulment of a deed, he had to seek a declaration that the deed is invalid, or non- est or, illegal or that the deed is not binding upon him.”

Courts To Pass Speaking Orders While Rejecting Discharge Application U/S 239 CrPC: Kerala High Court

Case Title: Nimmy Mathew v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 558

The Kerala High Court laid down that a speaking order would have to be passed by the Court which considers and rejects an application for discharge under Section 239 of Cr.P.C.

Justice N. Nagaresh, relied upon the Apex Court decision in Ghulam Hassan Beigh v. Mohammad Maqbool Magrey (2022), wherein the Court had observed that all that is required at the time of framing of charge is that the Court ought to be satisfied that the evidence collected by the prosecution is sufficient to presume that the accused has committed an offence. The Court added that while rejecting a discharge application, the reasons for the same also ought to be disclosed.

Can't Grant Anticipatory Bail To Rape Accused Merely Because He Was Aged Only 18 Yrs When Alleged Offence Was Committed: Kerala High Court

Case Title: XXXX v State of Kerala

Citation: 2023 LiveLaw (Ker) 559

The Kerala High Court has rejected the plea moved by a man accused of committing rape on his disabled cousin sister, seeking anticipatory bail on the ground that he was only 18 years old when the alleged offence was committed.

Justice Gopinath P. observed thus:

“Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the opinion that the petitioner cannot be granted anticipatory bail. Though the petitioner is stated to have been only 18 years of age at the time when the offence was committed, that by itself cannot be a ground to grant anticipatory bail to the petitioner, especially considering the nature of the offence involved.”

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court

Case Title: Jyothi v State of Kerala

Citation: 2023 LiveLaw (Ker) 560

The Kerala High Court has reiterated that the Limitation Act does not prescribe any statutory period for the victim to prefer an appeal against conviction under the proviso to Section 372 CrPC.

Justice C.S. Dias relied upon the Division Bench decision in Sobhanakumari K. vs. Santhosh @ Pallan Shaji (2018) and observed thus:

“In Sobhanakumari K. vs. Santhosh @ Pallan Shaji [2018 (1) KHC 195], a Division Bench of this Court has held that there is no time period stipulated under the Limitation Act to file an appeal by a victim under the proviso to Section 372 of the Code. If at all an appeal is filed beyond the time period of 30/60 days, only an affidavit explaining the reason for the delay is to be filed by the victim with the appeal.”

Co-operative Arbitration Court Has Exclusive Jurisdiction To Adjudicate Election Disputes Of Co-operative Society: Kerala HC Dismisses Writ Appeal

Case Title: Malanad Service Co-Operative Bank Ltd. v. Station House Officer & Ors.

Citation: 2023 LiveLaw (Ker) 561

The Kerala High Court has held that Co-operative Arbitration Court constituted under Section 70A of the Kerala Co-operative Societies Act, 1969 has the exclusive jurisdiction to deal with the procedure for adjudication of any dispute regarding election to the Board of Management of Society and not a writ court under Article 226 of the Constitution.

Justice Anil K. Narendran and Justice Sophy Thomas observed that a writ court cannot exercise its writ jurisdiction to appoint an Advocate Commissioner to oversee the process of polling and counting in election to the Board of Management of Society. The Court observed thus:

Case title: Naseema Beevi v Ameer Shahul @ Ameer P.S.

Citation: 2023 LiveLaw (Ker) 589

The Kerala High Court recently held that a Sub Court in Kerala has the territorial jurisdiction to try a suit for compensating for a wrong committed in Delhi, since as per the broader interpretation of "wrong done" under Section 19 of CPC, the effects of the wrong justified establishing jurisdiction in Kerala, where the plaintiff resided.

Justice Basant Balaji observed that though the death of the woman took place within the jurisdiction of Courts in Delhi, the effect of that death was felt by the appellant-mother in Kerala who lost her daughter and only earning member of their family.

“In a suit for compensation for wrong done, mere injury or wrong done without anything more would not suffice to sustain claim of compensation. The wrong done cannot be interpreted in a narrow sense but has to be understood in the broader amplitude. It takes in both the act and effect to put it differently, the death of the plaintiff's daughter might have happened in Delhi, but its effect is felt by the plaintiff within the local jurisdiction of the Sub-Court, Nedumangad.”

[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court

Case title: Kuthiralamuttam Saji v State of Kerala

Citation: 2023 LiveLaw (Ker) 590

The Kerala High Court has held that power under Section 323 CrPC to commit a case to the Sessions Court after commencement of inquiry/ trial may be invoked by the Magistrate only after recording its reasons by way of a speaking order.

Justice P.V. Kunhikrishnan observed,

“Since the words “it appears to him at any stage ..............” is used in Section 323 CrPC, it is clear that when a Magistrate invokes the powers under Section 323 CrPC, the reason for the same should be recorded. In other words, the Magistrate is required to give reason for thinking that the case ought to be tried by the Sessions Court, while invoking Section 323 CrPC. Therefore, according to me, a speaking order is necessary before invoking the powers under Section 323 CrPC.

RBI To Determine Bank's Knowledge Of Borrower's Account Balances, Application Of 'Right Of Recompense': Kerala High Court

Case Title: Kurien E. Kalathil v. Federal Bank Ltd. & Ors.

Citation: 2023 LiveLaw (Ker) 591

The Kerala High Court recently held that the determination of whether the bank had knowledge of the amount remaining in the borrower's account at the time of granting the One Time Settlement, and whether the bank could therefore exercise the 'Right of Recompense,' is a matter to be decided by the bank itself.

‘Right of Recompense’ is a tool used by banks and financial institutions to recover the sacrifice they make on the debts for stressed assets.

Justice Devan Ramachandran observed that any decision to be arrived at by the respondent Federal Bank would have to be edificed on proven factual circumstances, including, whether the Reserve Bank of India (RBI), was aware of the amount in question remaining in credit in the account of the petitioner at the time when One Time Settlement, and if not, whether it was kept away from their information by the latter through covert means.

"This is crucial because, the Right of Recompense can be exercised only in certain specific circumstances, as is well established in law; and until the 3rd respondent assesses these, a decision, akin to the one recorded in Ext.P14, could not have been taken, especially because it concludes that no 'regulatory intervention' by the Reserve Bank is warranted," the Court observed.

Central Civil Rules | Unauthorised Absence From Work Considered 'Non-Duty' For All Purposes Except Pension, Including Seniority: Kerala High Court

Case title: Viju P Varghese v The Cochin Port Trust

Citation: 2023 LiveLaw (Ker) 592

The Kerala High Court recently observed that the unauthorized absence of an employee will be counted as non-duty for all purposes, except for the purposes of pension.

Justice Anu Sivaraman added that the treatment of unauthorised absence as "non-duty for all purposes except pension" has a clear implication: it cannot be counted for seniority.

“Ext.P3 order was passed on 08.02.2016 and it was found that the 5th respondent was unauthorisedly absent from 01.05.2015 to 18.05.2015 and penalty of censure was also imposed on the 5th respondent. Further, his absence for that period was found to be unauthorised and treated as “non-duty for all purposes other than pension”.

S.256 CrPC | Power To Acquit Accused Can't Be Invoked By Executive, Sub-Divisional Or District Magistrate U/S 133: Kerala High Court

Case title: Shamsudheen v State of Kerala

Citation: 2023 LiveLaw (Ker) 593

The Kerala High Court has recently held that the Executive Magistrate, Sub-Divisional Magistrate or District Magistrate cannot acquit an accused under Section 256 CrPC while invoking powers under Section 133 to 138 of CrPC by issuing conditional orders for the prevention of nuisance.

Justice P.V. Kunhikrishnan also clarified that the Section 133 proceeding empowered the District, Sub-divisional or Executive Magistrate to issue a conditional order for the removal of nuisance based on a police report or other information, but not based on a complaint.

“In such circumstances, I am of the considered opinion that Section 256 of the Code cannot be invoked by an Executive Magistrate or Sub Divisional Magistrate or District Magistrate, while invoking the powers under Sections 133 to 138 of the Code. The upshot of the above discussion is that Annexure-A7 order passed by the Executive Magistrate closing the case invoking the powers under Section 256 of the Code is unsustainable.”

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court

Case Title: M/S Sama Rubbers & Ors. v. South Indian Bank Ltd. & Anr.

Citation: 2023 LiveLaw (Ker) 594

The Kerala High Court recently held that an order passed in an interim application is appealable before the Appellate Tribunal, under Section 18 of the SARFAESI Act ('Appeal to Appellate Tribunal').

It thus proceeded to declare that Article 227 of the Constitution cannot be invoked by the High Court, when the Tribunal had considered the matter before it in the proper perspective.

Justice K. Babu, reminded that the power under Article 227 of the Constitution could be exercised only when there is grave injustice or failure of justice and when (i) the Court or the Tribunal has assumed a jurisdiction which it does not have (ii) has failed to exercise a jurisdiction which it does have, such failure occasioning a failure of justice and (iii) the jurisdiction though available is being exercised in a manner which tantamounts to overstepping the limits of jurisdiction.

"It is trite that whenever the Tribunal has considered the matter in its proper perspective and where the impugned order shows the application of mind by the Tribunal, this Court will not entertain a petition under Article 227 merely because another view could have been taken," the Court observed.

Kerala High Court Allows CISF Personnel To Rejoin Duty After Reporting Late Due To Covid-19 Home Quarantine

Case title: Ex-Sub Inspector/Exe. Biju K.A. v Additional Director General CISF

Citation: 2023 LiveLaw (Ker) 595

The Kerala High Court recently permitted a CISF personnel who could not report for duty to rejoin duty at ASG Ranchi within ten days since he was in home quarantine after his parents tested positive for COVID-19.

Justice Raja Vijayaraghavan V observed that the respondents had not applied their minds while rejecting the application of the petitioner and that he was in an unusual situation because of which he could not report for duty.

Justice K. Babu, reminded that the power under Article 227 of the Constitution could be exercised only when there is grave injustice or failure of justice and when (i) the Court or the Tribunal has assumed a jurisdiction which it does not have (ii) has failed to exercise a jurisdiction which it does have, such failure occasioning a failure of justice and (iii) the jurisdiction though available is being exercised in a manner which tantamounts to overstepping the limits of jurisdiction.

"It is trite that whenever the Tribunal has considered the matter in its proper perspective and where the impugned order shows the application of mind by the Tribunal, this Court will not entertain a petition under Article 227 merely because another view could have been taken," the Court observed.

People's Representative Expressing Concern Over Murder Probe, Asking Govt To Take Strict Action Not Defamation: Kerala High Court

Case Title: Philip Mathew v P Jayarajan & Connected Case

Citation: 2023 LiveLaw (Ker) 596

The Kerala High Court while quashing the criminal complaint filed against Ex-MLA from Azhikode Constituency KM Shaji for alleged defamatory statements in connection with the Ariyil Shukoor murder case observed that a people's representative merely expressing concern over the conduct of probe cannot be said to be defamation.

The complaint filed two-time member of the Kerala Legislative Assembly and the Kannur District Committee Secretary of CPI(M) P. Jayarajan also named Malayala Manorama Daily's Managing Editor and Publisher for carrying Shaji's statements.

Justice C.S. Dias observed KM Shaji has not made defamatory statements against P. Jayarajan but, being a representative of the people, has only appealed to the Government for a comprehensive investigation into death of Sarish, who was the accused in Ariyil Shukoor murder case. The bench observed,

“...Annexures 2 and 3 news items prima facie substantiate that the first accused [Shaji] had only demanded the Government to conduct a comprehensive investigation into the purported suicide of one Sarish, an accused in a murder case, and seriously look into the increasing numbers of murders occurring in Kannur, and he expressed his concern in the accused in such cases, including the complainant, being charged with minor offences. It is to be remembered that the first accused was an elected representative (MLA) of the people of Azhikode constituency , one of the assembly constituencies in Kannur District. Being a representative of the people of his constituency, he appealed to the Government, for and on behalf of the masses, to take strict action against the perpetrators, to deter such persons from indulging in gruesome murders.”

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court

Case Title: Johnson Stephen v. Chinchumol & Anr.

Citation: 2023 LiveLaw (Ker) 597

The Kerala High Court laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.

Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section (1), certain offences have been listed which can be compounded without the permission of the Court. Under Sub-section (2), certain offences are listed, which can be compounded only with the permission of the Court.

The judge explained that composition of a compoundable offence under Section 320(1) Cr.P.C. would be complete as soon as the Court accepts it upon being satisfied that the composition is voluntary, genuine and true. The same would have the effect of acquittal of the accused even if the person by whom offence may be compounded later resiled from the composition.

However, as regards the offences which are compoundable only with the permission of the Court, as under Section 320(2), the composition would not have any effect unless and until the Court grants such composition.

Kerala High Court Grants Bail To Man Booked Under Explosives Act For Attacking Woman Who Rejected Marriage Proposal, Cites Prolonged Incarceration

Case title: Mukesh v State of Kerala

Citation: 2023 LiveLaw (Ker) 598

Citing prolonged incarceration of over a year, the Kerala High Court has granted bail to a man who allegedly attacked a woman for rejecting his marriage proposal by using a chopper and explosives, leading to loss of her four fingers.

Justice Bechu Kurian Thomas granted bail to the accused who has been in jail since June 28, 2022 and observed that further detention would amount to conviction without trial.

“Petitioner was arrested on 28.06.2022 and has been in jail since then. Though the allegations are serious in nature and the petitioner has a history of having absconded earlier, I am of the view that, considering the long period of detention already undergone, further detention would amount to conviction without trial. Since, it is submitted that, the case is already pending before the Sessions Court and is posted for hearing of the charge on 15.11.2023, I am of the view that, further detention ought not to be permitted.”

'Tourism Major Source Of Revenue In Kerala': High Court Dismisses Plea Against KSRTC Tour Packages, Says Its Buses Have Special Area Permits

Case title: Justin O.S v The Kerala State Road Transport Corporation

Citation: 2023 LiveLaw (Ker) 599

The Kerala High Court has dismissed the plea moved by a private contract carriage operator against the Tour package services offered by the Kerala State Road Transport Corporation using its stage carriages.

Justice Dinesh Kumar Singh said these buses have special area permits to run and operate tour packages under the superclass scheme which was formulated by the state government by notification dated July 16, 2013 for promoting tourism in the State. The bench observed,

“It is not in dispute that the KSRTC buses which are employed for conducting the tour packages had special area permits under the scheme. The petitioner cannot be granted a permit under the scheme for the services for which the scheme has been promulgated, and the exclusive right is of the KSRTC to offer special services under the scheme. Under the area permit, the KSRTC employs its buses for conducting the tour packages. The area permits are special permits as provided under subsection (8) of Section 88 of the MV Act.”

Admitting Into Evidence Confessional Statements Made To Police U/S 25, 26 Evidence Act Vitiate Trial: Kerala High Court

Case Title: K. Babu v. State of Kerala

Citation: 2023 LiveLaw (Ker) 600

The Kerala High Court categorically held that admission of confessional statements made by accused to the Police, which are hit by bar under Sections 25 (Confession to police officer not to be proved) and 26 (Confession by accused while in custody of police not to be proved against him) of the Evidence Act, can vitiate a trial and lead to the acquittal of the accused.

The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Dr. Justice Kauser Edappagath criticized the practice of trial courts in continuing to accept entire confession statements of the accused, despite several Supreme Court precedents discouraging this practice.

"The breach of a statutory provision that is designed to protect a citizen from self incrimination and arbitrary deprivation of life and personal liberty must necessarily have serious consequences for the prosecution. Constitutional safeguards cannot be rendered a teasing illusion by the very State that is obliged to uphold them," the Bench observed.

Any Claim For Promotion In Former Service To Be Raised At The Time Of Integration Of Service: Kerala High Court

Case Title: D. Ieda Bhai & Ors. v. K. Ashokan & Ors. and connected matter

Citation: 2023 LiveLaw (Ker) 601

The Kerala High Court has laid down that employees cannot claim promotion in his former service for the purpose of reckoning seniority long after the integration of service.

The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen were of the considered view that any claim regarding promotion in the former service ought to be raised at the time of integration of service, and cannot be done after the same.

"If the process of integration did not provide any room for raising such a claim, the employee cannot sleep over the right to claim and thereafter wake up from the sleep to raise such claim indirectly through another door of his former service. Whatever the claim the employee had at the time of integration ought to have been raised when he entered into the new integrated service. Baggage left in the former service cannot be retrieved through a backdoor entry to open a new door in integrated service. If the claim is not made at the time of integration in relation to any right available in the former service, that right is forgone and foreclosed," the Bench observed.

Mentally Dejected Motor Accident Victim Dies Of Suicide; Kerala High Court Upholds Award Granting Compensation To Children

Case title: M/S New India Assurance Company Ltd v Vijayan

Citation: 2023 LiveLaw (Ker) 602

The Kerala High Court recently upheld a Motor Accident Claims Tribunal award, granting compensation of Rs.3,18,700 and interest to the children of the deceased mother who died by suicide following a motor accident.

Justice Mary Joseph observed that the deceased suffered head injuries from the accident and was undergoing disappointment and mental dejection since she felt she would not recover from her physical condition.

“Based on the medical evidence discussed above and the records with reference to the criminal case registered, it can safely be concluded that the victim committed suicide due to her mental dejection and disappointment resulted from the serious injuries sustained in the motor accident. Or in otherwords, the ultimate cause of death of Mrs.Santha can be taken as the motor accident met with by her.”

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal

Case Title: Ramachandran & Ors. v. Harrisons Malayalam Ltd.

Citation: 2023 LiveLaw (Ker) 603

The Kerala High Court recently refused to condone a delay of 3,366 days in filing an appeal against the judgment and decree passed by a Munsiff Court in a civil suit.

Justice A. Badharudeen, refused the condonation of delay on taking note that no sufficient reasons had been adduced warranting the same.

"It is true that 'sufficient cause' is the decisive factor while condoning the delay. Though it has been settled that liberal view should be taken while condoning delay, it is equally settled that when the delay sought to be condoned on account of any dilatory tactics without bonafides, with deliberate inaction or negligence, such a concession also is not possible," the Court observed.

Kerala High Court Dismisses MLA Ganesh Kumar's Plea To Quash Case For Alleged Conspiracy Against Deceased Former CM Oommen Chandy

Case Title: K.B. Ganesh Kumar v. State of Kerala

Citation: 2023 LiveLaw (Ker) 604

The Kerala High Court dismissed the plea filed by MLA K.B. Ganesh Kumar seeking to quash the case against him in connection with alleged conspiracy involved in naming late Congress leader and former Chief Minister of the State, Oommen Chandy, in the solar sexual assault case.

The case is pending before court of Judicial First Class Magistrate (JFCM) at Kottarakkara.

"Serious allegations are raised against the petitioner who is a Member of the Legislative Assembly by the 2nd respondent in which conspiracy is also alleged stating that the petitioner hatched a conspiracy with the 1st accused to implicate the former Chief Minister of Kerala Sri.Oommen Chandi. The former Chief Minister has passed away. Such an allegation should not be in the air because his soul will not forgive the same. The continuation of this case is necessary not only for the soul of the former Chief Minister and his bereaved family, but also to prove the integrity of the petitioner too, Justice P.V. Kunhikrishnan observed.

S.26 Juvenile Justice Act Not Made Out: Kerala High Court Quashes Proceedings For Allegedly Employing 14-Yr-Old In Railway Construction Work

Case title: K V Anilkumar v State of Kerala

Citation: 2023 LiveLaw (Ker) 605

The Kerala High Court quashed the criminal proceedings against a petitioner for allegedly employing a 14-year-old child for construction work of a railway platform at Ettumanoor Railway Station.

Justice K. Babu observed that an offence under Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 can be made out only when the prosecution has proved that the juvenile was procured for hazardous employment and that he was kept in bondage without paying him adequate wages or salary.

“In the present case, the prosecution has failed to bring forth those ingredients. The resultant conclusion is that the prosecution failed to make out the offence under Sec.26 of the Act. Therefore, the entire proceedings pursuant to the registration of FIR No. 48/2013 of Railway Police Station, Kottayam, which is now pending before the Judicial Magistrate of First class-I, Ettumanoor as C.C No. 2597/2017, are liable to be quashed. I order so.”

Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Sexually Abusing Client

Case Title: X & Anr. v. State of Kerala & Ors.

Citation: 2023 LiveLaw (Ker) 606

The Kerala High Court recently granted anticipatory bail to two lawyers accused of raping and sexually abusing their client on multiple occasions.

Justice Gopinath P. passed the order, on taking note of the fact that while the victim/de facto complainant averred that she had been sexually abused from the moment she had first approached the 1st petitioner to entrust her case, the complaint in this regard had been filed only in June, 2023.

"A cumulative reading of all the complaints preferred by the de facto complainant / victim would indicate that she was abused right from the time she had first approached the 1st petitioner seeking his professional help. However, the first complaint seems to have been filed only on 30-06-2023. While this itself may not be fatal to the prosecution case, it lends credence to the argument of the learned counsel for the petitioners that the de facto complainant / victim had actually filed a complaint being aggrieved by the fact that she had not received sufficient compensation in the proceedings before the Family Court," the Court observed.

'Varaharoopam' Copyright Row : Kerala High Court Quashes Criminal Case Against 'Kantara' Makers Based On Settlement Between Parties

Case title: Vijay Kirgandur v State of Kerala & connected cases

Citation: 2023 LiveLaw (Ker) 607

The Kerala High Court has quashed the criminal case registered against the producer, direcotr, distributor and music director of the Kannada superhit film "Kantara" under the Copyright Act over the alleged plagiarism of 'Navarasam' song of Thykkudam Bridge band as "Varaharoopam" song in the movie.

The High Court quashed FIR registered under Section 63 of the Copyright Act, 1957 in view of the settlement between the petitioners (Kantara makers) and Mathrubhumi Printing and Publishing Ltd., the complainant in the case who holds the copyright over the "Navarasam" song.

Justice P.V.Kunhikrishnan quashed all the criminal proceedings against the producer of the film, Vijay Kirgandur; director of the film, Rishabh Shetty; distributor of the film in Kerala, Prithviraj Sukumaran and composer of the song, Ajaneesh Loknath as all the disputes were settled between the parties based on a settlement agreement.

No Requirement To Have A DIN Number In Satisfaction Note Recorded By Assessing Authority: Kerala High Court Upholds Section 153C Proceedings

Case Title: M/S. South Coast Spices Exports Pvt. Ltd Versus PCIT

Citation: 2023 LiveLaw (Ker) 608

The Kerala High Court has upheld the proceedings under Section 153C of the Income Tax Act and noted that there is no requirement to have a DIN number in the satisfaction note recorded by the Assessing Authority.

The bench of Justice Dinesh Kumar Singh has dismissed the writ petition and stated, “It cannot be said that the impugned notices and assessment orders are without jurisdiction as submitted by the learned counsel for the petitioner.”

Kerala HC Suggests To Maintain Database Of Societies Under Travancore-Cochin Literary Societies Registration Act To Avoid Duplicity Of Names

Case Title: Kerala Pradesh School Teachers' Association & Ors. v. State of Kerala & Anr.

Case Number: W.P.(C) 29565/ 2023

The Kerala High Court issued specific directions to the State to ensure that the pending amount of Rs. 54 Crores proposed to be released by it as arrears of payments to government and aided schools under the 'Noon-Meal Scheme', shall be made available to the schools by October 5, 2023.

The Single Judge Bench of Justice T.R. Ravi observed that although the State Government had undertaken to release the arrears of payments soon, in light of the issues between the Centre and the State with respect to the funds having been resolved, it was not fully done, and only an amount of Rs. 10,02,55,650 had been released as arrears for the months of June, July, and 10 days of August.

Kollam Doctor Murder: Kerala High Court Asks Police Chief To Redress Grievance Of Bereaved Parents Regarding Probe

Case Title: K.G. Mohandas & Anr. v. Central Bureau of Investigation & Ors.

Case Number: WP(Crl.) 641/ 2023

The Kerala High Court asked the State's Police Chief to meet the parents of Dr. Vandana Das, a 23-year-old house surgeon who was murdered while on duty, and redress their grievances with respect to the probe.

The direction was made by Justice Kunhikrishnan while hearing the parents' plea for transfer of probe to the CBI. The parents alleged that involvement of certain police officials in the matter was not being properly investigated, and the chargesheet was filed in favour of the accused. The bench orally expressed its qualm on transferring the probe at a stage when the Police investigation is over.

The young doctor was brutally killed during the wee hours of the morning on May 10, while she was on duty. She was stabbed multiple times by Sandeep, a school teacher, using dressing room scissors. The attacker had been brought to the Kottarakkara Taluk Hospital by the police for treatment of his injuries.

"This is a case which affected the conscience of the society...In such situation, according to me, the State Police Chief should summon the case diary in this case and hear the petitioners and redress the grievance of the petitioners and submit a report before this Court," the Court observed.

Kerala High Court Stays Summons Issued To Lakeshore Hospital, Doctors Over Alleged Illegal Liver Transplant

Case Title: Lakeshore Hospital and Research Centre Pvt. Ltd. & Ors. v. State of Kerala & Anr.

Case Number: Crl. M.C. 8070/ 2023

The Kerala High Court has stayed the order of the Judicial First Class Magistrate Court issuing summons to Lakeshore Hospital and 8 of its doctors accused of transplanting the liver and kidneys of an 18-year-old, in violation of the provisions of the Transplantation of Human Organs Act (THOA), 1994.

Justice P.V. Kunhikrishnan passed the Order, staying the summons for a period of 6 months.

Kerala High Court Orders Action Against Vloggers Found Promoting Use Of Modified Vehicles

Case title: Suo Moto v State of Kerala

Case number: SSCR 20/2021

The Kerala High Court has asked the State Police as well as the Enforcement Officers in the Motor Vehicles Department to initiate appropriate action against some vloggers who it noted were promoting the use of modified vehicles, including buses with modified LED lights, by posting vlogs on YouTube and other online media.

The division bench comprising Justice Anil K. Narendran and Justice P.G Ajithkumar further ordered action against owners and drivers of such vehicles. It ordered,

"Take stringent action against vehicles, including Government vehicles, which are being used in a public place without complying with the safety standards in AIS-008. Stringent action shall be taken against the use of altered vehicles in public places, including vehicles brought through Carnet...The vehicles in the screenshots reproduced hereinbefore at paragraph 27 shall also be proceeded against, strictly in terms of the above directions. Appropriate proceedings shall be initiated against the owner and driver of such vehicles and also the vloggers who promote the use of such vehicles by posting vlogs on YouTube and other online media."

[Attack Against Lawyer] Bar Council Of Kerala Declares Oct. 5, 2023 As Protest Day

The Bar Council of Kerala has declared October 5, 2023, as a Protest Day, against the brutal attack on Adv. B.S. Prakash at Nedumangad Court complex yesterday.

As per news reports, Advocate Prakash was assaulted by a man who had come as a witness in a case. Pursuant to the case being adjourned to another date, the attacker, Shajahan, proceeded to assault his lawyer, Advocate Prakash.

CBI Probe 'Not Full Proof', Must Determine If There Was Any Conspiracy: Kerala HC Orders Further Investigation Into Violinist Balabhaskar’s Death

Case title: K.C. Unni v Central Bureau Of Investigation, Soby George v Central Bureau Of Investigation,

Case number: Crl.Rev.Pet 608/ 2022, Crl.Rev.Pet 268/ 2023

The Kerala High Court ordered further investigation into the death of Violinist Balabhaskar. Justice Bechu Kurian Thomas expressing dissatisfaction at the investigation conducted by the CBI, directed thus:

“ In view of the above discussion, this Court is of the view that the investigation conducted by the CBI has not been full proof and the circumstances arising in the case need to be probed further…..”

Kerala HC Directs State To Forthwith Ensure Basic Facilities To Nilambur Tribals After Petitioners Claim Only 1 Toilet Provided For 300 Families

Case Title: Aryadan Shouketh & Anr. v. Union of India & Ors.

Case Number: WP(C) NO. 24828 OF 2023

The Kerala High Court directed the State to forthwith provide adequate number of toilets and drinking water facilities to the tribal families in Pothugal, Vazhikadavu, and Karulai villages in Nilambur Taluk, that were disconnected from mainland following 2018-19 floods.

The Division Bench comprising Chief Justice A. J. Desai and Justice V.G. Arun passed the direction on being informed that its previous order dated August 17, 2023, directing State authorities to provide an adequate number of bio-toilets and drinking water facilities had not been fully complied with.

"Quite unfortunately, one e-toilet facility has been installed there without any water, for 300 families," Petitioners' counsel informed the Court today.

'General Hospitals Mainstay For Citizens, To Be Maintained As Centres Of Excellence': Kerala HC In Plea Seeking Permanent Team Of Cardiac Surgeons

Case Title: Human Rights Foundation & Anr. v. State of Kerala & Ors.

Case Number: WP(C) NO. 31662 OF 2023(G)

A plea has been moved in the Kerala High Court seeking directions to be issued to the State authorities to appoint a proficient Cardiac Surgeon team to lead the cardiac surgery department at General Hospital, Ernakulam, and to take prompt measures to appoint a skilled team of cardiac doctors on a permanent basis.

When the matter came up before Justice Devan Ramachandran, the Court remarked that General Hospitals should be maintained as 'centres of excellence'.

"The General Hospitals are the mainstay of the medical requirements of ordinary citizens; and surely, therefore, are require to be maintained as splendid centres of excellence," the Court observed.

Roads Flooded Due To Unabated Garbage Dumping In Drains: Kerala High Court Calls For 'Strictest Possible Action' Against Errant Entities

Case Title: Treesa K.J. v State of Kerala

Case number: WP(C)Nos.23911/2018 & Connected matters

The Kerala High Court asked the Kochi Municipal Corporation and the Public Works Department to take strictest possible action against those found blocking drains by dumping waste, ultimately leading to flooding of roads in the city.

The bench of Justice Devan Ramachandran had taken cognizance of the recent flooding incidents on Saturday, after Amicus curiae Govind Padmanabhan submitted a report in this regard, during hearing of a petition filed in 2018 over blockage of a canal in the area.

What Action Can Be Taken Against Persons Deliberately Posting Bad Reviews Of Films? Kerala High Court Asks Police Chief

Case Title: Mubeen Rauf v. Union of India & Ors.

Case Number: WP(C) NO. 32733 OF 2023

The Kerala High Court sought inputs from the State Police Chief (SPC) on how individuals associated with a movie could file complaints against activities aimed towards denigrating and tarnishing a movie, so as to trigger a proper investigation.

The bench also sought to know the consequences flowing therefrom, both under penal law, as well as under the laws relating to cyber activities.

The Court issued the above direction while considering the plea filed by the director of 'Aromalinte Adyathe Pranayam', seeking a gag order to ensure that social media influencers and film reviewing vloggers do not publish any reviews of the film for at least 7 days following its release.

Terming movies as intellectual properties involving the 'reputations, sweat and blood, and aspirations' of several people associated with it, Justice Devan Ramachandran observed:

"While the right of free speech is inherent and constitutionally guaranteed, it certainly has to be tempered with reason and restraint, as are constitutionally required under Article 19(2). A fair criticism of an intellectual property, be that a movie or otherwise, and a pernicious attempt to blackmail, and extort, are two different aspects, which have to be clearly seen through and dealt with distinctly. Just as an attack on a property is a criminal offence, a pestilential review deliberately done with the afore intent is no less, because eventually, both are attacks on tangible properties".

Kerala High Court Seeks State's Response On Medical Aspirant's Plea Declared Unfit Due To Locomotor Disability

Case Title: Aiswarya S. v. Union of India & Ors.

Case Number: WP(C) NO. 29080 OF 2023(I)

The Kerala High Court has sought response from State government on the plea moved by a 19-yr-old medical aspirant with locomotor disability, denied admission to pursue MBBS Course.

"It must be borne in mind that, what we are dealing with is the life of a person, whose ambitions will be killed, solely because she is found to be ‘disabled’. It requires empathy and concern before a person can be declared as being 'disabled' and incapable of pursuing medical studies," Justice Devan Ramachandran observed.

Kerala High Court Allows Life Convict To Pursue LLB Course; Permits Admission Through Online Mode

Case Title: Pattakka Suresh Babu v. State of Kerala

Case Number: CRL.M.APPL.NO.3/2023 IN CRL.A NO.740 OF 2018

The Kerala High Court directed the authorities of the KMCT Law College to complete the admission process to the 3-Year LL.B. Course in online mode, for a convict serving life imprisonment at Open Prison and Correctional Home, Cheemeni, Kannur.

The Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Dr. Justice Kauser Edappagath directed the wife of the convict to be physically present at the College at 12.00 noon today, with all the necessary documents, and to render the fees. The Court further directed the petitioner to appear through video conferencing link, so as to complete the admission formalities within the stipulated time.

Case Title: XXX v. State of Kerala & Anr.

Case Number: CRL.M.APPL.NO.1/2023 IN CRL.MC NO. 8147 OF 2023

The Kerala High Court recently directed the State not to disclose the reports of DNA profiling done on a person, whose blood sample was collected without his consent or the permission of the jurisdictional court.

The petitioner, who is the brother of the victim girl, was alleged to have committed sexual assault on the latter, and thereby alleged to have committed under Sections 376 & 376(3) of IPC and Section 6(1) & 5j(ii) of POCSO Act.

53-Year-Old Uniform Of Kerala Women Judicial Officers Undergoes New Changes

The Kerala High Court has officially brought into effect a change in the dress code of women Judicial Officers.

Professional Film Reviews Different From Motivated Bad Film Reviews : Kerala High Court

Case Title: Mubeen Rauf v. Union of India & Ors.

Case Number: WP(C) NO. 32733 OF 2023

The Kerala High Court asked the State Police Chief to be mindful of professional reviews of a film while devising mechanism against motivated bad reviews that are solely aimed to blackmail the makers or to hamper film's success.

Justice Devan Ramachandran said there is a difference between a professional review of a product, including a movie, and a personal opinion about the same.

"It is one thing to say the movie is bad due to these reasons, and another to say that I did not like a movie due to certain reasons," the bench orally remarked.

Supreme Court Collegium Recommends Appointment Of Five Judicial Officers As Judges Of Kerala High Court

The Supreme Court Collegium headed by Chief Justice D.Y. Chandrachud, has recommended the names of five Judicial Officers for appointment as as Judges of the Kerala High Court.

In its resolution dated October 10, 2023, the Collegium stated that the Kerala High Court Chief Justice, had recommended the elevation of the five judicial officers, in consultation with his two senior-most colleagues, and that the Chief Minister and the Governor of the State had also concurred with the recommendation.

Kerala High Court Seeks State's Response On Plea Against Discontinuation Of Annual Grant To OBC Junior Advocates

Case title: Adv. Priyanka Sharma M R v State Of Kerala & Anr.

Case number: WP(C) 31882/2023

A plea has been moved in Kerala High Court against the non-issuance of notification to claim annual grant of twelve thousand rupees to the junior advocates belonging to the OBC category under the OBC Advocate Grant Scheme.

Justice Devan Ramachandran has sought response from the Government of Kerala and the Directorate of Backward Classes Development Department regarding the discontinuation of the scheme.

Child Born Without Lower Limbs & Hips: Kerala State Commission Directs St. Luke Hospital And Doctors To Pay Rs. 50 Lakh Compensation For Failure To Detect Abnormality

Case Title: Jayesh & Ors. v. St. Luke Hospital & Ors.

Case Number: C.C. No. 33/2015

The Kerala State Consumer Disputes Redressal Commission, presided by Mr. Ajith Kumar D. along with Mr. Radhakrishnan K.R. allowed a consumer complaint against St. Luke Hospital alleging medical negligence on their part. The complainants claimed that they were not given proper medical care during pregnancy, which resulted in their child being born without lower limbs and a hip. They argued that the medical professionals failed to detect the foetal abnormality through proper ultrasound scans and that timely information could have led to a different outcome.

Exorbitant Air Price Tickets To Gulf Countries: Kerala High Court Seeks Response Of Centre, Kerala Govt

Case Title: Zainul Abideen v. Union of India

Case Number: WPC 33488/2023

A plea has been moved in Kerala High Court by the Managing Director of Safari Group Of Companies challenging the exorbitant airfares to Gulf Countries.

Justice Devan Ramachandran has sought response from the Central and State Government regarding the exorbitant air ticket price hikes to Gulf countries. The Court also remarked that this was a serious issue requiring attention as it impacts the lives of many people who depend on air travel.

Window Seat Row: Man Accused Of Misbehaving With Malayalam Actress In Flight Moves Court For Anticipatory Bail

Case Title: Anto C.R. v. State of Kerala & Anr.

Case Number: Crl. M.C. No. 2972/ 2023

The man accused of harassing a renowned Malayalam actress onboard an Air India flight in a dispute over occupation of the window seat, has approached a Sessions Court in Ernakulam seeking anticipatory bail.

The petitioner, Anto C.R., is alleged to have misbehaved with the actress (the de facto complainant herein) while in transit from Mumbai to Cochin in an Air India flight.

Bengaluru-based think tank and research institution launched its seminal case study on 'Technological Transformation of Kerala High Court' on October 19, 2023, at the High Court Auditorium. The study shed light on how the Kerala High Court embraced technology to modernize its justice delivery platform and keep abreast with the changing times. DAKSH's study focused on how the Kerala High Court had been instrumental in utilizing technology in three phases, namely, E-Filing, Scrutiny, and Paperless Courts. The researchers also shed light on how the Case Management System (CMS) adopted by the High Court had become an efficient alternative to the Case Information System (CIS) that had been launched by the National Informatics Centre (NIC).

The discussion was led by the Panel comprising Kerala High Court Judges, Justice A. Muhamed Mustaque and Justice Raja Vijayaraghavan V.; Dean Development and Professor of Kerala Digital University Dr. Asharaf S., and Advocate Santhosh Mathew. The Research Director of DAKSH, Surya Prakash S. was the moderator for the event.

Centre Notifies Appointments Of 3 Judicial Officers As Additional Judges Of Kerala High Court

The Central Government has notified the appointment of three judicial officers as additiional judges of the Kerala High Court. They are : Johnshon John, Gopinathan U Girish, and C. Pratheepkumar.

Kerala High Court Stays Operation Of State Child Rights Commission’s Order Banning Tuition Classes At Night

Case title: Sujesh G.K. v State of Kerala

Case number: W.P(C).No. 33188 of 2023

A plea has been moved before the Kerala High Court challenging an order passed by the State Commission for Protection Of Child Rights banning recreational trips and night tuition classes conducted by tuition centers.

Justice T.R.Ravi issued notice to the respondents and directed that there will be an interim stay on the order passed by the State Child Rights Commission on the banning of tuition classes at night. Court observed: “There will be an interim stay of operation of Ext.P1 in so far it relates to the conduct of tuition during the night.”

Kerala High Court Warns Of Strict Action If Police Officers Fail To Provide Instructions In Criminal Trials

Case Title: Rajesh R. & Ors. v. State of Kerala & Ors.

Case Number: CRL.MC NO. 7623 OF 2023

The Kerala High Court has directed the State Police Chief to ensure there is no impediment faced by Public Prosecutors in getting instructions from police Stations.

Justice P.V. Kunhikrishnan was of the considered opinion that such a scenario creates a 'serious problem of piling up of cases'. It directed the State Police Chief to issue necessary directions to all the Police Stations in the State to submit reports called from the office of the Public Prosecutor immediately.

Kerala High Court Introduces Measures To Strengthen Security Within Its Premises

The Kerala High Court has imposed certain measures to strengthen the security arrangements within its premises in light of a few recent incidents of security breaches. The new protocol mandates all High Court Staff members, to wear their Identity Cards conspicuously while entering the premises of the Court. Advocates, not in their robes, are required to show their ID Cards at the entry points for identification, while verification of persons donning the Advocates' robes shall be done only in suspicious circumstances. Advocate Clerks' too are required to wear Identity Cards, on entering the High Court building.

It unequivocally stipulates that persons bringing weapons or such potentially hazardous objects shall be denied entry into the High Court building and that such articles shall be seized and reported to the local police or returned, depending on the nature of the object attempted to be brought in.

Rectify Or Face Action: Kerala High Court Warns PWD, Panchayat After 51-Yr-Old Complains Of Water Logging Due To Culvert Constructed By Them

Case Title: Syama M. v. State of Kerala & Ors.

Case Number: WP(C) NO. 41159 OF 2022 (T)

The Kerala High Court has warned of action against the Public Works Department (PWD), and the Panchayat, in case of any defect in rectifying the issue of water-logging of a private property, due to the construction of a culvert in an unscientific manner near the said property by the authorities.

Justice Devan Ramachandran took note of the Senior Government Pleader's submission that rectificatory steps had been taken to ensure no water-logging in the petitioner's house, which was being done in conjunction with the Panchayat, since the culvert constructed as well as drain blocked by the authority would have to be reconstructed or repaired.

Three Judicial Officers Take Oath As Additional Judges Of The Kerala High Court

Three judicial officers swore in as Additional Judges of the Kerala High Court on Wednesday.

Justices Johnson John, Gopinathan U Girish, and C. Pratheepkumar took oath as Additional Judges of the High Court during the swearing-in ceremony conducted at 10:15 A.M.

Lawyer’s Plea Alleging Police Harassment : Kerala High Court Passes Interim Order Restraining Police

Case Title: Jagadeesh P. v. State of Kerala

Case Number: WP(C) NO. 34594 OF 2023 (Y)

The Kerala High Court issued notice on a petition filed by a lawyer alleging manhandling by police officers earlier this month.

Justice N. Nagaresh passed an interim order directing the respondent police officials not to harass the petitioner pending disposal of his plea.

The petitioner, who is also an acute heart patient who had undergone Angioplasty, alleged that himself and his wife were molested and brutally manhandled by the police officers of Feroke Police Station, on two occasions.

[OBC Advocate Grant Scheme] We Need The Best Of Lawyers And Judges From OBC Category Also: Kerala High Court

Case title: Adv. Priyanka Sharma M R v State Of Kerala & Anr.

Case number: WP(C) 31882/2023

Kerala High Court remarked that the state has the duty to support junior lawyers belonging to OBC category.

High Court was hearing a plea moved against non-issuance of notification to claim annual grant of twelve thousand rupees to the junior advocates belonging to the OBC category under the OBC Advocate Grant Scheme for purchasing law books, gown and uniform.

Justice Devan Ramachandran remarked that the state has the duty to support junior lawyers belonging to OBC category.

“We have to support these people. We need the best of lawyers and judges from these people also.”

Review Bombing| Kerala High Court Calls For 'Close Watch' Of Online Platforms Against Anonymous & Malicious Film Reviews

Case Title: Mubeen Rauf v. Union of India & Ors. and connected matter

Case Number: WP(C) NO. 32733 OF 2023 and WP(C) NO. 33322 OF 2023

The Kerala High Court called for a 'close watch' on online platforms to ensure that that anonymous and mala fide reviews of films are not allowed to circulate on such platforms.

Justice Devan Ramachandran directed the concerned authorities to take necessary action under the Information Technology Act ('IT Act'), and implement the same scrupulously, against any such anonymous, malicious activities targeting films, or any others in the business sphere, with an intent to blackmail and to extort.

"A close watch on the online platforms shall be maintained to ensure that anonymous, mala fide content is not allowed to circulate, and necessary action under the IT Act shall be taken and implemented scrupulously without any delay," the Bench directed.

Kerala Court Denies Anticipatory Bail To Man Accused Of Misbehaving With Malayalam Actress Over Window Seat In Flight

Case Title: Anto C.R. v. State of Kerala & Anr.

Case Number: Crl. M.C. No. 2972 of 2023

The Sessions Judge Honey M. Varghese observed that,

"...if bail is granted, in the light of alarming number of offences and atrocities against the women and children, that will give wrong message to the society".

Tanur Drugs Case: Kerala High Court Asks DLSA Chairman To Submit Report On Allegations Of Jail Torture

Case title: Aboobacker K V v Director General of Prisons and Correctional Services

Case number: WP(Crl.) 882/2023

The Kerala High Court directed the Chairman of Legal Services Authority, Kozhikode or any officer deputed by him to file a report after investigating into alleged harassment in jail meted out to persons arrested in connection with the alleged possession of narcotic drugs in Tanur, Malappuram.

Justice P.V. Kunhikrishnan directed thus:

“I am of the considered opinion that the Chairman, Legal Services Authority Kozhikode or any officer deputed by him will visit the jail where the petitioner’s son was detained and take his statement. The Chairman, Legal Services Authority shall file the statement with his conclusions before this Court within three weeks.”

Solar Scam | Complainant Challenges MP KC Venugopal's Acquittal In Sexual Assault Case: Kerala High Court Admits Plea, Issues Notice

Case number: Crl.Rev.Pet 1073/ 2023

Case name: XXXXXX Vs K. C. VENUGOPAL

The Kerala High Court admitted a criminal revision petition filed by the complainant in the solar sexual assault case challenging Congress MP K.C. Venugopal's acquittal in the matter.

When the matter was taken up, Justice C.S. Dias issued notices to Venugopal, CBI and the State Government in the case.

'Significance Of Passengers' Time Undeniable': Kerala Consumer Forum Awards Rs. 60K Compensation To Passenger Affected By 13 Hrs Delay Of Train

Case Title: Karthik Mohan v. Ministry of Indian Railways & Ors.

Case Number: C.C. No. 248/ 2018

The Ernakulam District Consumer Disputes Redressal Commission recently ordered the Southern Railway to compensate a passenger for the inconvenience caused to him by the 13-hour delay of the Chennai-Alleppey Express.

The Bench comprising President D.B. Binu and Members Ramachandran V and Sreevidhia T.N observed that despite being a significant Public Sector Undertaking, the Indian Railways often fails to provide efficient services, and issues such as late trains and unavailability of reserved seats still persist.

"The significance of a passenger's time is undeniable. The unexpected delay caused substantial inconvenience and distress, particularly to the complainant who had a pivotal professional commitment. Although the purpose of the journey was not specified at the time of ticket booking, the railways, as a major Public Sector Undertaking, ought to prioritize timely and efficient service," the Bench noted.