Kerala High Court Weekly Round-Up: January 23 To 29 January, 2023

Nominal Index [Citation: 2023 LiveLaw(Ker) 39-47]

Fasaludheen A. & Anr. v. State of Kerala & Anr. and other connected matters 2023 LiveLaw (Ker) 39

Firozalavi T.V. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 40

Kerala State United Nurses Association v. State of Kerala 2023 LiveLaw (Ker) 41

Sayed Mohammed Noorul Ameer and Ors. v. U.T. Administration of Lakshadweep 2023 LiveLaw(Ker) 42

Jeby James v. State of Kerala  2023 LiveLaw (Ker) 43

 RB. v. AB. 2023 LiveLaw (Ker) 44

Clint Johnson v. State of Kerala & Anr.2023 LiveLaw (Ker) 45

Gireesh Kumar N v. Rajani K V and Anr. 2023 LiveLaw (Ker) 46

Babu T. v. Byju Sebastian and Ors. 2023 LiveLaw(Ker) 47

Orders/Judgments This Week

Section 113 (3) Motor Vehicles Act | Owners Also Liable When Vehicle Driven With Excess Weight: Kerala High Court

Case Title: Fasaludheen A. & Anr. v. State of Kerala & Anr. and other connected matters

Citation: 2023 LiveLaw (Ker) 39

The Kerala High Court observed that owners of the vehicles are also liable to be prosecuted under Section 113(3) of the Motor Vehicles Act, 1988 in case they have permitted the vehicle to be driven with excess weight.

Hearing a batch of petitions challenging the proceedings initiated under Sections 113(3)(b) r/w. Section 194(1) of the Motor Vehicles Act, the court said the complaints raise specific allegations against the registered owners of the vehicles that they had permitted the vehicle to be driven with excess weight.

Justice Ziyad Rahman A.A. took note of the 'presumption' stipulated under Section 113(4) that when the driver or person in charge of the vehicle being driven in contravention to the stipulations of the provision is not the owner, the Court may "presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer".

NDPS Act | Vehicle Piloting Another Vehicle Carrying Contraband Is Not Vehicle Used As Conveyance; Cannot Be Confiscated: Kerala High Court

Case Title: Firozalavi T.V. v. State of Kerala & Ors.

Citation: 2023 LiveLaw (Ker) 40

The Kerala High Court considered the question as to whether a vehicle piloting or accompanying another vehicle, which is transporting Narcotic Drug and Psychotropic Substances could be held as vehicle used as conveyance in carrying the contraband so as to confiscate the same under Section 52-A of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), and answered the same in the negative.

The Single Judge Bench of Justice A. Badharudeen observed that to hold that the vehicle accompanying or piloting another vehicle carrying the contraband, also as a vehicle carrying the contraband, and to treat the same also as conveyance is beyond the statutory intent of Section 60(3) of NDPS Act.

Kerala High Court Directs State To Revise Minimum Wages Of Nurses In Private Sector

Case Title: Kerala State United Nurses Association v. State of Kerala

Citation: 2023 LiveLaw (Ker) 41

The Kerala High Court has directed the State government to revise the minimum wage of nurses working in the private sector in the State.

The Single Judge Bench of Justice Amit Rawal has directed that the said exercise ought to be undertaken within a period of 3 months. The Court has added that the said decision has to be taken after hearing the submissions of the hospital Management and the nurses.

Kerala High Court Suspends Conviction Of Lakshadweep MP Mohammed Faizal In Attempt To Murder Case

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

Citation: 2023 LiveLaw(Ker) 42

The Kerala High Court on Wednesday suspended the conviction and sentence of Lakshadweep MP Mohammed Faizal and three others in a case of attempt to murder.

Lakshadweep MP Mohammed Faizal had moved an appeal challenging the decision of the Court of Session, Kavaratti to convict and sentence him and three others to 10 years in jail in a case of attempt to murder.

Indulging In Similar/Other Criminal Activities Reason For Bail Cancellation When Such Condition Imposed In Bail Order: Kerala HC Reiterates

Case Title: Jeby James v. State of Kerala

Citation: 2023 LiveLaw (Ker) 43

The Kerala High Court reiterated that indulging in similar or other criminal activities would be a reason for cancellation of the bail, particularly, when there is such a condition imposed in the initial bail order.

The Single Judge Bench of Justice A. Badharudeen, while dismissing a petition seeking the bail cancellation order passed by the court below to be set aside, observed,

"Since the law is settled that indulging in similar or other criminal activities is a reason for cancellation of the bail, particularly, when a condition imposed in the initial bail order is to that effect, involvement of the accused in a similar offence by itself is a reason to cancel the bail granted, cancellation of bail on the said finding is to be justified".

Can't Browbeat Judges To Get Things Done Your Way: Kerala High Court To Woman On Allegations Of Bias Against Family Court In Divorce Case

Case Title: RB. v. AB.

Citation: 2023 LiveLaw (Ker) 44

The Kerala High Court recently dismissed a woman's petition seeking transfer of a divorce case on the ground of alleged bias and favouritism by the Family Court Judge. The divorce case has been filed by her husband.

Justice C.S. Dias said the petitioner, a woman lawyer, has made a "scathing attack" on the Family Court Judge by questioning his integrity, honesty and impartiality, on the sole reason that he had passed a string of orders against her.

'Mentally Retarded Persons' Also Eligible For Tax Exemption For Motor Cars Purchased Since April 1, 1998: Kerala High Court

Case Title: Clint Johnson v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 45

The Kerala High Court on Wednesday ruled that 'mentally retarded persons' are also entitled to tax exemption in purchase of motor cars, on par with the physically handicapped persons under the notification issued by the state government in 1998 under Section 22 of the Kerala Motor Vehicles Taxation Act, 1976.

Justice P.V. Kunhikrishnan said when both the Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and Rights of Persons With Disabilities Act, 2016 state that the person with disability includes 'mentally retarded persons' also, their exclusion from tax exemption and restricting the benefit to the physically handicapped persons - blinds, deaf and orthopedically handicapped persons, is discriminatory and is liable to be interfered by the court.

S.125 CrPC | Major Unmarried Daughter Not Entitled To Maintenance From Father Merely On Ground That She Is Unable To Maintain Herself: Kerala HC

Case Title: Gireesh Kumar N v. Rajani K V and Anr.

Citation: 2023 LiveLaw (Ker) 46

The Kerala High Court  reiterated that an unmarried daughter who attained majority cannot claim maintenance from her father under Section 125(1) CrPC, merely on the ground that she does not have means for her sustenance.

The Court observed that an unmarried daughter unable to maintain herself by reason of any physical, mental abnormality or injury is entitled to claiming maintenance under Section 125(1) CrPC, however, pleadings and evidence in this regard are mandatory.

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

Case Title: Babu T. v. Byju Sebastian and Ors.

Citation: 2023 LiveLaw(Ker) 47

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.

The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.

The Court observed that a notice to the victim is mandatory as contemplated under Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and if such a notice is not provided while passing a Bail Order, then it is liable to be recalled.

Other Significant Developments 

Three Additional Judges Of Kerala High Court Made Permanent

The Central Government has issued a notification appointing Justices Abdul Rahim Musaliar Badharudeen, Viju Abraham, and Mohammed Nias Chovvakkaran Puthiyapurayil, as permanent Judges of the Kerala High Court.

Justice A. Badharudeen, Justice Viju Abraham, and Justice Mohammed Nias were additional judges earlier.

The Supreme Court collegium on December 9, 2022, had approved the proposal for their appointment as Permanent Judges of the Kerala High Court.

'Was Only A Co-Passenger Of Sriram Venkitaraman; Have Not Abetted The Offence': Wafa Firoz Tells Kerala High Court

Case Title: Wafa Najim @ Wafa Firoz v. State of Kerala

The Kerala High Court heard the criminal revision petition filed by Wafa Firoz, the 2nd accused person in the 2019 rash driving case involving the IAS Officer, Sreeram Venkitaraman.

The matter is before Justice Bechu Kurian Thomas.

During the hearing, it was submitted by the counsels for the petitioner that the only offence against the petitioner was that under Section 188 of the Motor Vehicles Act, which provides for abetment of the offence under Section 184 and 185. However, the counsel pointed out that there was no record to indicate that the petitioner had abetted the commission of the offence by the 1st accused person.

PFI Hartal: Kerala High Court Directs Claims Commissioner To Commence Proceedings For Quantification Of Damages From Next Week

Case Title: Kerala Chamber of Commerce and Industry v. State of Kerala and Malayalavedi v. State of Kerala

The Kerala High Court  directed the Claims Commissioner to commence proceedings for quantification of the loss caused on account of Flash Hartal called by Popular Front of India (PFI) in September 2022, from next week onwards.

The Division Bench consisting of Justice A. K. Jayasankaran Nambiar and Justice Mohammed Nias C.P said:

"Claims Commissioner to commence proceedings for quantification of the loss caused on account of the overt acts on 23.09.2022 from next week onwards and the State of Kerala and its officials are hereby directed to afford such assistance required to the Claim Commissioner for commencing the proceedings."

Magician Gopinath Muthukad To Get Recognition Certificate From Kerala High Court For His Uplifting Work For Specially-Abled Children

The Kerala High Court  recognised the efforts being made by magician Gopinath Muthukad for upliftment of the differently-abled children, and asked the Registrar General to convey the appreciation of court to Muthukad and the entire team of Different Art Centre (DAC).

The court appreciated the famous magician in its decision on a petition challenging the exclusion of 'mentally retarded persons' from the government notification that grants exemption from taxation for motor cars of physically handicapped persons.

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties

The Kerala High Court in an Official Memorandum dated 24 January 2023 has directed for the implementation of a uniform procedure to be followed while impleading the legal heirs of deceased parties.

The OM issued by Registrar General reads that Chief Justice has ordered for the implementation of the Division Bench order in State of Kerala v. Govindan.