Nominal Index [Citations: 2023 LiveLaw (Ker) 21-40]

Angels Nair v Union of India, 2024 LiveLaw (Ker) 21

Suresh Gopi V State Of Kerala, 2024 LiveLaw (Ker) 22

Premakumari R. v. O.K. Sivasankara Pillai & Ors. 2024 LiveLaw (Ker) 23

Sabu George & Ors. v. James George & Ors. 2024 LiveLaw (Ker) 25 

Jins Francis V State Of Kerala 2024 LiveLaw (Ker) 26

Rohith Giri v State of Kerala 2024 LiveLaw (Ker) 27

XXX v State of Kerala 2024 LiveLaw (Ker) 28

Jaseer SM v. State of Kerala 2024 LiveLaw (Ker) 29

Central Board Of Trustees v Bake N Joy Hot Bakery 2024 LiveLaw (Ker) 30

Narayanankutty K v Cochin Devaswom Board 2024 LiveLaw (Ker) 31

Hemalatha S. Nair v. State of Kerala & Ors. 2024 LiveLaw (Ker) 32

State of Kerala v Dr Praveen Kumar T K 2024 LiveLaw (Ker) 33

Yadhu Krishnan and ors. v. State of Kerala 2024 LiveLaw (Ker) 34

C Lajith and Ors. v. State of Kerala and ors.  2024 LiveLaw (Ker) 35

Manoj TK v. State of Kerala 2024 LiveLaw (Ker) 36

Kaleshkumar KK v. State of Kerala & ors.  2024 LiveLaw (Ker) 37

Sangha Erectors Pvt. Ltd. v. Laxmi Cranes and Trailers Pvt. Ltd.  2024 LiveLaw (Ker) 38

M/S. Professional Copier Services India (Pvt) Ltd Versus State Of Kerala 2024 LiveLaw (Ker) 40

Judgments/ Orders This Week

Leopard Gives Birth In Human Habitat, Kerala HC Reminds Forest Officials To Follow SOP On Stray Wild Animals

Case title: Angels Nair v Union of India

Citation: 2024 LiveLaw (Ker) 21

The Kerala High Court made it clear that forest officials have to follow the Standard Operating Procedure (SOP) issued by the National Tiger Conservation Authority (NTCA) and the provisions of the Wildlife (Protection) Act, 1972 while handling wild animals straying in human habitats.

The SOP provides the suggested field actions to be followed by forest officials in dealing with wild carnivores like the tiger and leopard.

Kerala High Court Grants Anticipatory Bail To Actor-Politician Suresh Gopi In Case Over Alleged Misbehaviour With Female Reporter

Case title: Suresh Gopi V State Of Kerala

Citation: 2024 LiveLaw (Ker) 22

The Kerala High Court allowed the anticipatory bail application moved by actor and politician Suresh Gopi, in connection with a case for alleged misbehaviour with a female reporter in front of the public and media. 

A crime was registered against him under Section 354 IPC (assault or criminal force with intent to outrage the modesty of women) and Section 119 (punishment for atrocities against women) of the Kerala Police Act.

High Degree Of Evidence Required To Challenge Genuineness Of Will On Grounds Of Fraud, Undue Influence And Coercion: Kerala High Court

Case Title: Premakumari R. v. O.K. Sivasankara Pillai & Ors. 

Citation: 2024 LiveLaw (Ker) 23

The Kerala High Court categorically laid down that allegations of fraud, undue influence and coercion cannot be made in a 'sweeping manner' merely on the ground of suspicion or conjecture, to dispute the genuineness of a Will. 

It thus underscored that suspicion regarding an individual factor could not act as a circumstance to doubt the genuineness of a Will.

'Abusive Vocatives' Against Advocate By Police: High Court Directs Appearance Of Kerala Police Chief To Ensure 'Civilized Police Behaviour'

Case title: Mahesh v Anilkant

Case number: Contempt Case(C) No. 869 OF 2023(S) In WP(C) 11880/2021

The Kerala High Court today issued an order directing the State Police Chief to appear before it online on January 18, 2024, at 1.45 PM to address the 'uncivilized behaviour' exhibited by police officers towards citizens.

The order has been passed in connection with a recent incident in Alathur Police Station in Palakkad district where a police officer used abusive vocatives against an advocate.

Justice Devan Ramachandran stated that it is distressing to be reminded time and again that police officers have to behave in a civilized manner to the citizens.

Arbitration Act | Section 9 Order By Subordinate Judge Acting As Commercial Court Appealable Before Commercial Appellate Court, Not HC: Kerala HC

Case Title: Sabu George & Ors. v. James George & Ors. 

Citation: 2024 LiveLaw (Ker) 25 

The Kerala High Court held that an order passed by a Subordinate Judge's Court acting as a Commercial Court under a Government notification, would be appealable only before the concerned Commercial Appellate Court as per Section 13 of the Commercial Courts Act, and not before the High Court, as per the Arbitration & Conciliation Act, 1996 ('Act, 1996). 

The Court in this case was seized of an appeal against an order passed by the Subordinate Court under Section 9 of the Act, 1996. Section 9 of the Act states interim measures to be taken by the Court

Healthcare Personnel Need Protection To Fearlessly Discharge Functions: Kerala HC Refuses Pre-Arrest Bail To Man Booked For Assaulting Doctor, Nurses

Case title: Jins Francis V State Of Kerala

Citation: 2024 LiveLaw (Ker) 26

The Kerala High Court dismissed the bail application filed by a 37-year-old man accused of assaulting a female doctor and staff nurses who examined and treated him at the hospital.

A crime was registered against him under Sections 341 (punishment for wrongful restraint), 323 (punishment for voluntarily causing hurt), 506 (punishment for criminal intimidation) IPC and Section 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012

Writ Jurisdiction Cannot Be Invoked Seeking 'Blanket Direction' To Restrain Police From Registering Complaints: Kerala High Court

Citation: 2024 LiveLaw (Ker) 27

Case title: Rohith Giri v State of Kerala

The Kerala High Court  held that the writ jurisdiction of the Court under Article 226 cannot be invoked seeking blanket general directions against the police for the prevention of registration of crimes. 

“Jurisdiction under Article 226 of the Constitution of India cannot be invoked to issue blanket directions against registration of a crime. Time and again, the Supreme Court as well as this Court have deprecated the practice of issuing general directions, especially with respect to investigation and registration of FIRs. Each FIR will have to be appreciated on the basis of the allegations therein” , stated Justice Bechu Kurian Thomas.

Kerala High Court Dismisses Plea Seeking Action Against Magistrate, Says Inadvertent Mistake Cannot Lead To Prosecution Under S.228A IPC

Citation: 2024 LiveLaw (Ker) 28

Case title: XXX v State of Kerala 

The Kerala High Court upheld the order passed by a single judge in the writ petition stating that a Magistrate cannot be prosecuted under 228-A IPC on an inadvertent omission to anonymize the name and details of the victims.

Dismissing the writ appeal, the Division Bench comprising Chief Justice A.J. Desai and V.G. Arun observed that an inadvertent mistake on the part of the Magistrate cannot lead to prosecution under Section 228A IPC.

S.37 NDPS Act | Long Incarceration No Ground To Grant Bail In NDPS Cases When Commercial Quantity Involved: Kerala High Court

Case Title: Jaseer SM v. State of Kerala

Citation: 2024 LiveLaw (Ker) 29

In a judgement denying bail to two accused under the NDPS Act, the Kerala High Court clarified that “Section 37 of the NDPS Act does not lay down any stipulation that the accused in entitled to be released on bail if the trial does not commence within a particular period and additionally, the accused has to satisfy the twin conditions under Section 37 in addition to Section 439 of the Code to be released on bail.”

[EPF ACT] S.14 B Does Not Mandate Imposition Of 100 % Damages On Employer As Penalty: Kerala High Court Upholds Order Reducing Penalty To 50%

Case title: Central Board Of Trustees v Bake N Joy Hot Bakery

Citation: 2024 LiveLaw (Ker) 30

The Kerala High Court has upheld the order of a Central Government Industrial Tribunal-Cum-Labour Court (Tribunal) which reduced the amount of damages from 100% to 50% stating that Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act (EPF) Act does not mandatorily prescribe that 100% amount of damages has to be imposed as penalty.

Kerala High Court Asks Cochin Devaswom Board To File Appeal Seeking Directions For Solid Waste Management During Thrissur Pooram

Case title: Narayanankutty K v Cochin Devaswom Board

Citation: 2024 LiveLaw (Ker) 31

The Kerala High Court  directed the Cochin Devaswom Board to file a Devsawom Board Appeal (DBA) seeking specific directions regarding solid waste management in connection with the disposal of plastic, biodegradable and non-biodegradable waste that will be generated during the Thrissur Pooram in 2024

Subsequent Overruling Judgment Doesn't Disturb Conclusiveness Of Inter-Parte Order That Attained Finality: Kerala High Court

Case Title: Hemalatha S. Nair v. State of Kerala & Ors. 

Citation: 2024 LiveLaw (Ker) 32

The Kerala High Court has reiterated that a subsequent overruling judgment cannot disturb the conclusiveness of an inter parte order that has attained finality. 

Justice K. Babu made the above observation in a writ petition filed by the complainant seeking further investigation of her case. Significant to note that her application for further investigation was dismissed by the Magistrate in 2014 and the revision petition against it was also dismissed by the High Court in 2018. At the time, Supreme Court's decision in Amrutbhai Shambhubhai Patel v. Sumanbhai Kantibhai Patel & Ors. (2017) held field as per which, after Magistrate takes cognizance of the offences, a further investigation can be done only on application of the Investigating Officer.

Commercial Courts Act | Section 13(2) Contains Non-Obstante Clause Which Does Not Provide For Second Appeals: Kerala High Court

Case title: State of Kerala v Dr Praveen Kumar T K

Citation: 2024 LiveLaw (Ker) 33

The Kerala High Court  considered the maintainability of a second appeal filed under the Commercial Courts Act. The issue before the Court was, “whether second appeal is provided from the appellate decree and judgment passed by a Commercial Appellate Court?”

Justice A. Badharudeen, dismissing the second appeal as not maintainable observed thus: 

“..If so, Commercial Courts Act does not provide second appeal. Therefore, it has to be held that the present second appeal filed, challenging the decree and judgment of the Commercial Appellate Court, is not maintainable and the same deserves dismissal.”

Kerala High Court Grants Bail To Students Accused Of Obstructing Governor Arif Khan's Convoy

Case Title: Yadhu Krishnan and ors. v. State of Kerala

Citation: 2024 LiveLaw (Ker) 34

The Kerala High Court has granted bail to 7 students who were accused of obstructing Governor Arif Khan's convoy.

A single judge bench of Justice CS Dias heard the matter today. 

The incident occurred on December 11^th, 2023, when the governor's convoy was impeded in Palayam by the accused who disobeyed orders of the police, and detained the Governor whilst shouting slogans, thereby causing a loss of Rs. 76, 357/- to the public exchequer.

LARR Act, 2013 | Kerala High Court Directs State To Lay Down Procedure For Hearing In Cases Of Land Acquisition Under Section 15 Of Act

Case Title: C Lajith and Ors. v. State of Kerala and ors. 

Citation: 2024 LiveLaw (Ker) 35

In a judgment regarding the Land Acquisition and Rehabilitation and Resettlement Act, 2013 (LARR), the Kerala High Court directed the state to “actively consider the laying down of a procedure for hearing as contemplated in Section 15 of the Act, which stipulates 60 days from the date of publication of the preliminary inspection under Section 11, for submission of objections.

The court maintained that the 2013 Act provides for a “humane, participative, informed, and transparent process" for land acquisition, as the preamble to the new Act suggested.

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court

Case Title: Manoj TK v. State of Kerala

Citation: 2024 LiveLaw (Ker) 36

In a decision by the Kerala High Court, a single judge bench of Justice Gopinath clarified that “evidence of witnesses can be recorded in the presence of the counsel for the accused even in situations where the court grants exemption from personal appearance to the accused even of a day”.

'Residential Area' Designated As Per Local Law Cannot Be Interpreted To Mean 'Residential House': Kerala High Court

Case Title: Kaleshkumar KK v. State of Kerala & ors. 

Citation: 2024 LiveLaw (Ker) 37

In a recent decision by the Kerala High Court, a single judge bench of Justice Bechu Kurian Thomas noted that “the term 'residential area designated as per local laws' cannot be interpreted to mean a 'residential house'. 

The Court was seized of pleas challenging the permission granted for establishing a Bharat Petroleum Corporation Ltd. petroleum retail outlet, which were dismissed for want of merit.

Unilateral Affirmation By One Party, Without Being Specifically Accepted By Other Party Doesn't Confer Exclusive Jurisdiction: Kerala High Court

Case Title: Sangha Erectors Pvt. Ltd. v. Laxmi Cranes and Trailers Pvt. Ltd. 

Citation: 2024 LiveLaw (Ker) 38

In a significant judgment, the Kerala High Court held that a unilateral affirmation by a party to a contract, without being specifically accepted by the other party, doesn't confer exclusive jurisdiction, since the ouster of jurisdiction of courts cannot be lightly assumed or presumed.

The Single Judge Bench of Justice V.G. Arun found that a unilateral affirmation by one of the parties to the contract, without the same being specifically accepted by the other party, will not confer exclusive jurisdiction on any court by overlooking the conferment of jurisdiction as stipulated in Section 20(c) of the Code of Civil Procedure (CPC).

Re-Sellers Of Machine Adopted Same Classification As Seller: Kerala High Court Quashes Penalty Under KVAT Act

Case Title: M/S. Professional Copier Services India (Pvt) Ltd Versus State Of Kerala

Citation: 2024 LiveLaw (Ker) 40

The Kerala High Court has quashed the penalty under the Kerala Value Added Tax (KVAT) Act and held that re-sellers of machines have not wilfully classified machines under the wrong head and have adopted the same classification as the seller.

The bench of Justice Dinesh Kumar Singh has observed that penalty proceedings have to be initiated when there is a willful or contumacious act on the part of the assessee to evade payment of the correct tax. The petitioners had reason to adopt the classification as 'Digital Multifunctional Devices', as they being re-sellers could not have classified the machines to a different classification.

Other Significant Developments This Week

CMDRF Misappropriation Case: Kerala High Court Issues 'Letter' To Chief Minister, Notice To Former Ministers

Case title: R.S. Sasikumar v State of Kerala

Case number: WP(C) 497/2024

The Kerala High Court has admitted a plea challenging the order of Lok Ayukta and Upa Lok Ayuktas rejecting a complaint filed against Chief Minister Pinarayi Vijayan and certain former Ministers, alleging misuse of funds in the Chief Minister Disaster Relief Fund (CMDRF).

"We will admit it and consider everything," said the Division Bench comprising Chief Justice A J Desai and Justice V G Arun while admitting the plea filed by RS Sasikumar.

Kerala Resident Moves High Court Against Ombudsman For Local Self-Govt Institutions, Invokes Legal Maxim 'Boni Judicis Est Ampliare Jurisdictionem'

Case title: Vijukumar v Secretary & Others

Case number: WP(C) 526/2024

A plea has been moved before the Kerala High Court against alleged inaction of the Ombudsman for the Local Self Government Institutions (LSGI) in discharging his legal and statutory duties for the prevention and demolition of illegal constructions.

Relying upon the legal maxim, 'Boni Judicis Est Ampliare Jurisdictionem' the plea has been filed seeking a direction to the Ombudsman and the Gram Panchayat Secretary to stop alleged illegal construction adjacent to petitioner's property. The legal maxim means 'Good justice is Broad Jurisdiction' which envisages for amplification of legal remedies, without usurping the jurisdiction and applying rules for the advancement of justice

[Disaster Management] With High Court's Intervention, Kerala Govt Issues Circular For 'Risk Awareness' Of Development Projects At Planning Stage

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

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

The Kerala government has informed the High Court that in compliance with Court's directions, it has issued a circular to all its departments and local self-governments instructing them to comply with the report of the State Disaster Management Authority (KSDMA) for considering the risks involved in an infrastructural development project at the planning stage itself.

Based on the order of Justice Devan Ramachandran, the KSDMA had recommended that all entities and beneficiaries fill a 'checklist for detailed disaster impact assessment', at the planning stage itself for risk awareness since it would aid them in 'informed decision making'

[Masala Bonds Case] KIIFB Moves Kerala High Court Against Summons Issued By ED To Former Chief Secretary

Case title: Kerala Infrastructure Investment Fund Board V Director

Case number: WPC 1377/2024

The Kerala Infrastructure Investment Fund Board (KIIFB) has moved the Kerala High Court against the summons issued to Dr Kandathil Mathew Abraham, (Chief Executive Officer, KIIFB) who was also the former Chief Secretary, by the Enforcement Directorate (ED) in relation to the masala bonds case. The summons was issued seeking the submission of documents and for taking oral evidence.

Today upon hearing the arguments of KIIFB and ED, Justice Devan Ramachandran directed the ED to submit a counter affidavit within a week.

MLA VD Satheesan Moves Kerala High Court Seeking Court Monitored Probe Into K-FON Project Alleging Favouritism & Corruption

Case Title: V D Satheesan M L A v State of Kerala & Ors

Case number: WPC No. 1479/2024

Leader of the Opposition of the Kerala Legislative Assembly and MLA V D Satheeshan has moved the Kerala High Court seeking a probe by a Central Investigating Agency (CBI) into the conception and execution of the Kerala Fibre Optic Network Project Ltd. (K-FON).

K-FON Project was the infrastructural project of the state government for removing the digital divide by providing universal basic internet facilities to all citizens. This was done by using a new optic fibre pathway created parallel to the state power network.

Shawarma Death Case: Kerala High Court Asks Food Safety Commissioner To Apprise Steps Taken To Ensure Safety Of Food Articles

Case Title: Prasanna E.V. v. State of Kerala & Ors.

Case Number: W.P. (C) No. 19941 of 2023

The Kerala High Court  asked the Food Safety Commissioner Afsana Parveen to appear before it on a date of her convenience and explain the steps taken by the authorities to ensure that the food articles being sold in the market are safe for consumption.

“….The food safety authority is still very vigilant with respect to the sale of food article in question….many steps have already been taken and that this will be explained to the Court by the Food Safety Commissioner herself who is willing to appear before the Court on….”, stated Justice Devan Ramachandran.

'Abusive Vocatives' Against Advocate By Police: High Court Directs Appearance Of Kerala Police Chief To Ensure 'Civilized Police Behaviour

Case title: Mahesh v Anilkant

Case number: Contempt Case(C) No. 869 OF 2023(S) In WP(C) 11880/2021

The Kerala High Court  issued an order directing the State Police Chief to appear before it online on January 18, 2024, at 1.45 PM to address the 'uncivilized behaviour' exhibited by police officers towards citizens.

The order has been passed in connection with a recent incident in Alathur Police Station in Palakkad district where a police officer used abusive vocatives against an advocate. 

Justice Devan Ramachandran stated that it is distressing to be reminded time and again that police officers have to behave in a civilized manner to the citizens.

Kerala High Court Orders Effective Implementation Of Plastic Ban In Sabarimala, Removal Of Unauthorized Hawkers

Case title: Suo Moto v State of Kerala

Case number: SSCR NO.2 OF 2024

The Kerala High Court directed the Travancore Devaswom Board and other regional authorities to take immediate steps for the prevention of sale of plastic bottles, packed drinking water in plastic bottles/PET bottles, plastic toys, and plastic utensils in and around Sabarimala. 

It also directed the police, district administration and panchayat to take steps for the removal of unauthorized hawkers selling plastic articles contrary to the directions of the Court