Kerala High Court Weekly Round-Up: August 19 -25, 2024

Sham P S v State Bank of India, 2024 LiveLaw (Ker) 536

Mary Queens Mission Hospital Versus The Commissioner Of Income Tax (Exemption), 2024 LiveLaw (Ker) 537

P.C. Varghese Muthalali v State of Kerala, 2024 LiveLaw (Ker) 538

Mary Baby v State of Kerala, 2024 LiveLaw (Ker) 539

Ibnu Shijil v State of Kerala, 2024 LiveLaw (Ker) 540

P V Jeevesh (Advocate) v Union of India, 2024 LiveLaw (Ker) 541

Abdul Jaleel v State of Kerala and Another, 2024 LiveLaw (Ker) 542

Amal Babu v State of Kerala and Others, 2024 LiveLaw (Ker) 543

Nazeer K. T. v The Manager Federal Bank and Another, 2024 LiveLaw (Ker) 544

xxx v State of Kerala, 2024 LiveLaw (Ker) 545

Ankitha Joy v Joy Augustine @ Augusthy, 2024 LiveLaw (Ker) 546

G.Gopan @ Gopakumar v State of Kerala, 2024 Live Law (Ker) 547

Judgments/ Orders This Week

OTS Benefit Can't Be Denied After Accepting Delayed Installment: Kerala High Court Asks SBI To Release Title Deeds

Case Title: Sham P S v State Bank of India

Citation: 2024 LiveLaw (Ker) 536

The Kerala High Court has directed the State Bank of India to release the title deeds of a residential property mortgaged by a petitioner on payment of outstanding debts under the One Time Settlement (OTS) Scheme.

The Bank did not confer the benefit of the OTS Scheme to the petitioner, citing a delay in payment of the second instalment within the stipulated time. 

Justice Dinesh Kumar Singh observed that the Bank did not raise an objection saying that the petitioner delayed the payments of the second instalment or that the OTS Scheme had lapsed. The Court thus observed that the Bank accepted the second instalment paid by the petitioner under the OTS Scheme, even if it was made with some delay. 

Applications For Condonation Of Delay, Should Not Be Too Hyper-Technical: Kerala High Court

Case Title: Mary Queens Mission Hospital Versus The Commissioner Of Income Tax (Exemption)

Citation: 2024 LiveLaw (Ker) 537

The Kerala High Court has held that the applications for condonation of delay should have been considered without being too hyper-technical and in a judicious manner.

The bench of Justice Gopinath P. has observed that the delay in filing the audit report in Form-10B can at best be 30 days, as the law only requires that the audit report be uploaded at least a month before the due date for filing returns. The Commissioner exercised his jurisdiction under Section 119(2)(b) of the Income Tax Act, 1961, to condone the delay instead of taking a strict view of the matter.

[POCSO] Accused's Culpable Mental State Cannot Be Considered At Pre-Trial Stage: Kerala High Court Dismisses Discharge Plea

Case Title: P.C. Varghese Muthalali v State of Kerala

Citation: 2024 LiveLaw (Ker) 538

The Kerala High Court has held that the culpable mental state of the accused cannot be considered at the pre-trial stage when the prosecution makes out a prima facie case.The Court was considering whether culpable mental state under the POCSO Act could be considered at the time of discharge or quashment of the proceedings against the accused. 

Kerala Govt Land Assignment Act | Assignee Bound By Restrictions & Limitations Prescribed In 'Patta' Or Other Assignment Documents: High Court

Case Title: Mary Baby v State of Kerala 

Citation: 2024 LiveLaw (Ker) 539

The Kerala High Court held that the assignee of Government land is bound by restrictions, limitations and conditions prescribed in the patta or other documents of assignment as per the provisions of the Land Assignment Act and rules made thereunder.

A Person Cannot Be Prosecuted For Consumption Of Narcotic Drug On The Basis Of Smell Of His Breath: Kerala High Court

Case Title: Ibnu Shijil v State of Kerala

Citation: 2024 LiveLaw (Ker) 540

Kerala High Court has held that a person cannot be booked for consuming narcotic drug on the basis that the investigation officer smelt the substance from his breath. 

The Court observed that if it is allowed, a situation will arise where the investigating officer can prosecute anyone as an accused under Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act). It was noted that since sensory perceptions are subjective, reliance cannot be placed on it to identify a substance.

"No Fundamental Right To Demand Laws Titled In Familiar Languages": Kerala HC On 'Hindi' Names Of New Criminal Laws

Case Title: P V Jeevesh (Advocate) v Union of India

Citation: 2024 LiveLaw (Ker) 541

The Kerala High Court dismissed a Public Interest Litigation filed by a lawyer challenging the Hindi titles given to the new criminal laws, The Bharatiya Nagarik Suraksha Sanhita, The Bharatiya Nyaya Sanhita and The Bharathiya Sakshya Adhiniyam.

The Division Bench comprising Acting Chief Justice A Muhamed Mustaque and Justice S Manu observed that citizens have no fundamental right to demand that the title of enactments should be in a familiar language. The Court stated that nothing prevents Parliament from giving Hindi names as the title of an enactment.

Agreement To Withdraw Prosecution In Rape Case Is Opposed To Public Policy: Kerala High Court Declines To Quash Proceedings

Case Title: Abdul Jaleel v State of Kerala and Another

Citation: 2024 LiveLaw (Ker) 542

The Kerala High Court held that an agreement entered between the complainant and accused to withdraw prosecution in an offence of rape is void in the light of Section 23 of the Indian Contract Act.

As per Section 23 of the Contract, if the court regards that the object of an agreement is opposed to public policy, the agreement is void. Here the Court held that the agreement will stifle prosecution of public offence and it is opposed to public policy.

For Offences Relating To Marriage, Magistrate Can Only Take Cognizance On A Complaint By The Aggrieved Person: Kerala High Court

Case Title: Amal Babu v State of Kerala and Others

Citation: 2024 LiveLaw (Ker) 543

The Kerala High Court has recently held that for offences relating to marriage under the Indian Penal Code (IPC), the Magistrate if he intends to take cognizance, can do so only on the original complaint of the aggrieved person even if the police had filed a final report.For context under Section 198, Code of Criminal Procedure (CrPC), a Court can take cognizance of an offence under IPC Chapter XX–which pertains to offences relating to marriage–only on the complaint of a person who is aggrieved by such an offence.

Failure To Inform Jurisdictional Magistrate About Direction To Freeze/Seize Bank Account Can Invalidate It's Freezing: Kerala High Court

Case Title: Nazeer K. T. v The Manager Federal Bank and Another

Citation: 2024 LiveLaw (Ker) 544

The Kerala High Court has held that the failure to inform the Magistrate about the seizure/freezing of a person's bank account can have a negative impact on the validity of the seizure.The court made these observations while hearing a plea challenging the freezing of a person's bank account and directed the police to inform the concerned bank whether the requirements of Section 102 CrPC had been followed.

Kerala High Court Denies Bail To Accused Booked For Brutally Murdering 7-Yr-Old Boy, Says He Was Deliberately Protracting Trial

Case Title: xxx v State of Kerala 

Citation: 2024 LiveLaw (Ker) 545

The Kerala High Court ruled that the accused who was deliberately protracting the trial was not entitled to bail.The petitioner, who is accused of allegedly brutally attacking and murdering the 7-year-old minor son of the woman he was living with after her husband's death has approached the Court with a bail application.

Burden Of Proof To Establish Lack Of Means To Maintain Spouse Lies On Party Who Expresses Such Inability: Kerala High Court

Case Title: Ankitha Joy v Joy Augustine @ Augusthy

Citation: 2024 LiveLaw (Ker) 546

The Kerala High Court held that in a suit for maintenance, it is upon the respondent to prove that he does not have enough means to maintain the claimant. The Court observed that evidence to prove the means of a person will be within his exclusive knowledge and therefore, it is upon him to disprove the claim put by the petitioner.

Hearing Opportunity Must Be Given To Investigating Officer Before Making Adverse Remarks Against Him To Protect Future Career Prospects: Kerala HC

Case Title: G.Gopan @ Gopakumar v State of Kerala 

Citation: 2024 Live Law (Ker) 547

The Kerala High Court has reiterated that it is a basic requirement under the principles of natural justice to give an opportunity of hearing to an investigating officer before the Court making adverse remarks against him, especially when such remarks could affect his future career prospects.

Other Important Developments This Week

Resolve Private Disputes Through ADR Methods So That Courts Can Focus On Larger Public Issues: Justice Muhamed Mustaque

Acting Chief of the Kerala High Court, Justice A Muhamed Mustaque, said that the time and resources of Courts must be used for issues concerning larger public interest rather than addressing private disputes. He stated efforts should be taken to resolve private issues using other dispute resolution methods so that Courts can look at matters involving larger public interests.

Justice Mustaque was speaking at the inaugural function of the Arbitration Centre at the Kerala High Court.

Hema Commission Report : Kerala High Court Declines Actor Ranjini's Third Party Appeal, Allows Her To File Fresh Writ Petition

Case Title: Sasha Selvaraj @ Renjini v State of Kerala and Others

Case No: WA 1240/ 2024

The Kerala High Court today dismissed the writ appeal filed by actor Ranjini challenging the decision of a single bench of the Court allowing the publication of Justice Hema Committee Report on the conditions faced by women in the Malayalam film industry.

Noting that Ranjini was not a party to the writ petition filed by Producer Sajimon Parayil (in which the impugned judgment was delivered), the division bench comprising Justice A Muhamed Musatqueand Justice S Manu allowed her to file a fresh writ petition raising her grievances. The Court stated that it will direct the registry to number the writ petition, if it is being filed today to place it before the Single Judge.

Kerala High Court Stays Proceedings Against Woman Booked For Facebook Post Criticizing CM Distress Relief Fund For Wayanad Landslide

Case Title: Shobha v State of Kerala & Another

Case Number: Crl MC 6978/2024

The Kerala High Court today stayed the proceedings initiated against a woman for allegedly posting a Facebook post criticizing the Chief Minister Distress Relief Fund collected for the victims of the Wayanad landslides.

On July 03, 2024, Mathrubhumi published a picture showing that Chief Minister Pinarayi Vijayan's grandson donated money towards the Chief Minister Distress Relief Fund in connection with the Wayanad landslides. It is alleged that the picture of CM and his grandson was shared by the petitioner on her Facebook page CM along with a caption criticizing the Disaster Relief Fund Collection.

Kerala High Court Allows Wife To Extract And Cryopreserve Critically-Ill, Hospitalised Husband's Gametes

Case Title: A N Anu v Union of India

Case Number: WP(C) NO. 29231 OF 2024

The Kerala High Court recently passed an interim order permitting the wife to extract and cryopreserve gametes of her husband who is unable to give written informed consent and is hospitalized in critical condition.

PIL In Kerala HC Seeks Criminal Proceedings Against Those Accused Of Sexual Offences Against Actresses Based On Justice Hema Committee Report

Case Title: Navas A @ Paichira Navas v State of Kerala

Case Number: WP(C) 29846/ 2024

A public interest litigation has been filed before the Kerala High Court seeking a direction to the Director General of Police to initiate criminal proceedings against the offenders who committed sexual offences against women in the film industry based on the Justice Hema Committee Report.

Kerala HC Calls For Forest Officials' Report On Measures To Ensure National Parks, Wildlife Sanctuaries And Tiger Reserves Are Plastic-Free

Case Title: Adv. Sunil Kumar A. G. v State of Kerala and Others

Case Number: WP(C) No 22966 of 2024

The Kerala High Court has sought a detailed report from the forest officials regarding the requirement to ban the use of plastic in forests, national parks, wildlife sanctuaries and tiger reserves in the State. The report should also contain measures which can be taken to ensure that these areas remain non-plastic zones to protect the flora and fauna.

Kerala HC Directs State To Place Entire Justice Hema Committee Report Before It In Sealed Cover, Suo Moto Impleads Women's Commission

Case Title: Navas A @ Paichira Navas v State of Kerala

Case Number: WP(C) 29846/ 2024

The Kerala High Court has directed the State Government to make available the entire Justice Hema Committee Report, including the redacted portions before the Court in a sealed cover. The Court also suo moto impleaded the Kerala State Women's Commission.

The Court passed the above order while considering a Public Interest Litigation seeking to initiate criminal proceedings against offenders who committed sexual crimes against women in the Malayalam film industry. The Justice Hema Committee was constituted by the Government in 2017 and was tasked to study issues faced by women in the Malayalam film industry. The report was published on August 19, 2024.

Luxury Cars Tax Evasion Case: Kerala High Court Exempts Union Minister Suresh Gopi From Personal Appearance

Case Title: Suresh Gopi v State of Kerala and Another

Case No: Crl. Rev. Pet 882 & 883 of 2024

The Kerala High Court has exempted actor and Union Minister Suresh Gopi from personal appearance before the trial court until further orders in the luxury cars tax evasion case . The Additional Chief Judicial Magistrate for MP/ MLA Courts had ordered the actor to appear before the Court for framing of charges. The stay order was passed today by Justice C. Jayachandran.

Kerala High Court Expresses Dismay Over Banks Deducting Loan Instalments From Relief Fund Of Wayanad Landslide Victims

Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of Kerala

Case Number: WP(C) 28509/ 2024 & Connected Cases

The Kerala High Court has expressed its "distress" over banks deducting monthly loan instalments from the funds deposited into the Wayanad Landslide victims' accounts from the Chief Minister Distress Relief Funds.