Kerala High Court Weekly Round Up : May 30 To June 4, 2022
Hannah M Varghese
5 Jun 2022 9:44 AM IST
Nominal Index [Citations: 2022 LiveLaw (Ker) 248 - 258]SNDP Yogam & Anr v. G. Krishnamoorthy & Ors, 2022 LiveLaw (Ker) 248Dr. Vikas R.S v. State of Kerala & Ors, 2022 LiveLaw (Ker) 249Vijay Babu v. State of Kerala & Anr, 2022 LiveLaw (Ker) 250Adhila v Commissioner of Police & Ors, 2022 LiveLaw (Ker) 251Vijith Vijayan v. Union of India, 2022 LiveLaw (Ker) 252Aboobacker...
Nominal Index [Citations: 2022 LiveLaw (Ker) 248 - 258]
SNDP Yogam & Anr v. G. Krishnamoorthy & Ors, 2022 LiveLaw (Ker) 248
Dr. Vikas R.S v. State of Kerala & Ors, 2022 LiveLaw (Ker) 249
Vijay Babu v. State of Kerala & Anr, 2022 LiveLaw (Ker) 250
Adhila v Commissioner of Police & Ors, 2022 LiveLaw (Ker) 251
Vijith Vijayan v. Union of India, 2022 LiveLaw (Ker) 252
Aboobacker K.A & Ors v. Joint Regional Transport Officer, 2022 LiveLaw (Ker) 253
Mannam Sugar Mills Cooperative Ltd v. Deputy Superintendent of Police, 2022 LiveLaw (Ker) 254
R. Baji & Ors. v. KSRTC & Ors, 2022 LiveLaw (Ker) 255
State of Kerala & Anr. v. P. Gopalakrishnan alias Dileep, 2022 LiveLaw (Ker) 256
T.A Ansad v. Sanjay Kumar Thunjhunwala & Ors, 2022 LiveLaw (Ker) 257
Abdul Gafoor @ Kunhumon v. Asst. Director, Directorate of Enforcement & Ors, 2022 LiveLaw (Ker) 258
Judgments This Week
Case Title: SNDP Yogam & Anr v. G. Krishnamoorthy & Ors
Citation: 2022 LiveLaw (Ker) 248
The Kerala High Court has upheld the order of the Ernakulam District Court that a scheme for the administration of the Sree Narayana Dharma Paripalana (SNDP) Yogam shall be framed in accordance with the provisions of the Companies Act. A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha dismissed the appeal filed by SNDP Yogam, its general secretary Vellappally Natesan and a few others finding no infirmity in the decision of the district court.
Case Title: Dr. Vikas R.S v. State of Kerala & Ors.
Citation: 2022 LiveLaw (Ker) 249
The Kerala High Court has dismissed a batch of appeals that assailed the NEET- PG medical prospectus on the ground of incongruity with the Medical Council of India (MCI) Regulations regarding the incentives given to in-service candidates and a connected appeal seeking weightage to service candidates in the open merit quota. Chief Justice S. Manikumar and Justice Shaji P Chaly observed that this was a policy decision of the Government to regulate and meet up with the requirements in the respective departments so as to cater for the needs of the public at large and that the appellants had failed to make out any case of arbitrariness, unfairness, malafides or any other legal infirmities susceptible to have been interfered with by the court.
3. Kerala High Court Grants Interim Pre-Arrest Bail To Actor-Producer Vijay Babu In Rape Case
Case Title: Vijay Babu v. State of Kerala & Anr.
Citation: 2022 LiveLaw (Ker) 250
The Kerala High Court granted interim pre-arrest bail until the next posting of the case to Malayalam actor-producer Vijay Babu's plea for anticipatory bail in the case where an actress accused him of sexually exploiting her. Justice Bechu Kurian Thomas directed so after noting that the actor was willing to submit himself before the jurisdiction of the Court and that he was apprehending immediate arrest from the airport.
Also Read: Vijay Babu Back In India, Interrogation Going On: State Informs Kerala High Court
4. Kerala High Court Reunites Lesbian Couple Forcibly Separated By Parents
Case Title: Adhila v Commissioner of Police & Ors.
Citation: 2022 LiveLaw (Ker) 251
The Kerala High Court came to the rescue of a lesbian couple by reuniting them after they were forcibly separated by their parents and family members. A Division Bench of Justice K Vinod Chandran and Justice C Jayachandran allowed the habeas corpus plea moved by Adhila after her partner, Fathima Noora was taken away by her parents.
5. UAPA Case| Kerala High Court Refuses Bail To 4th Accused Over Alleged Maoist Links
Case Title: Vijith Vijayan v. Union of India
Citation: 2022 LiveLaw (Ker) 252
The Kerala High Court has rejected the bail plea of ​​Vijith Vijayan, the fourth accused in the UAPA case over alleged Maoist links finding that there was prima facie evidence to suggest his involvement in the terror case. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran observed that the general purport of the secret documents in his handwriting prima facie establishes his active participation of the accused in the organizational development and propagation of ideology, both running contrary to the established administrative machinery controlled by an elected Government.
6. Can't Adopt Rule Of Convenience: Kerala High Court Issues Traffic Directions For Private Transport Buses And Autorickshaws
Case Title: Aboobacker K.A & Ors v. Joint Regional Transport Officer
Citation: 2022 LiveLaw (Ker) 253
The Kerala High Court directed the Police Commissioner and the Regional Transport Authority in Kochi to immediately issue orders prohibiting private transport buses from using horns in city limits and to ensure that they ply only on the extreme left side of city roads. Justice Amit Rawal notified a set of traffic directions for private buses and auto-rickshaws in the Ernakulam district.
Case Title: Mannam Sugar Mills Cooperative Ltd v. Deputy Superintendent of Police
Citation: 2022 LiveLaw (Ker) 254
The Kerala High Court asked the State to issue an additional circular or a clarificatory circular specifically communicating that the illegal erection of flag poles and advertisements in any public place or on pedestrian handrails that affects its use by the common man should be acted against. This direction was issued after Justice Devan Ramachandran was informed that the Additional Chief Secretary had issued a circular to all the local self-government institutions as directed by this Court against the illegal installation of any utilities that could block the traffic.
Case Title: R. Baji & Ors. v. KSRTC & Ors.
Citation: 2022 LiveLaw (Ker) 255
The Kerala High Court sought the response of the Kerala State Road Transport Corporation (KSRTC) and the State on a plea moved by the KSRTC employees alleging that they are not being paid salary promptly. Justice Devan Ramachandran took exception to this situation while finding it to be a 'serious predicament' if found to be true and asked KSRTC to explain how it plans to become self-reliant and take care of its employees.
Case Title: State of Kerala & Anr. v. P. Gopalakrishnan alias Dileep
Citation: 2022 LiveLaw (Ker) 256
The Kerala High Court on Friday granted the prosecution an extension till July 15 to conclude the further investigation in the 2017 sexual assault case. Justice Kauser Edappagath thereby allowed the plea moved by the Crime Branch. The prosecution had approached the Court on April 8 seeking an extension to wind up the probe claiming that certain voice clips are highly necessary for proper adjudication of the case to satisfy the Court of the necessity to extend the time frame to complete the further investigation.
Case Title: T.A Ansad v. Sanjay Kumar Thunjhunwala & Ors.
Citation: 2022 LiveLaw (Ker) 257
In an interesting development, the Kerala High Court has ruled that in accident cases where two vehicles are involved, contributory negligence cannot be found against the driver of the other vehicle involved in the accident solely relying on the recitals in the scene mahazar, ignoring the police charge which attributes negligence only against one driver. Justice A. Badharudeen thereby set aside the order of the Motor Accidents Claims Tribunal and allowed the appeal challenging the impugned award.
Case Title: Abdul Gafoor @ Kunhumon v. Asst. Director, Directorate of Enforcement & Ors.
Citation: 2022 LiveLaw (Ker) 258
The Kerala High Court has recently ruled that while considering a bail application under the Prevention of Money Laundering Act, the twin conditions specified in Section 45(1) of PMLA and the general principles governing the grant of bail under Section 439 of CrPC should be considered. After examining Sections 65 and 71 of the PMLA, Justice Kauser Edappagath found that PMLA has an overriding effect and the provisions of the CrPC would apply only if they are not inconsistent with the provisions of the said Act.
Other Developments
In a noteworthy development, the Kerala High Court orally remarked that the offence of rape should be made gender-neutral while adjudicating upon a matrimonial dispute moved by a divorced couple over custody of their child. Justice A Muhamed Mustaque made the observation when during the course of the case when the party brought up the fact that the husband in the case had once been accused in a rape case. However, the husband's counsel argued that he was currently released on bail and that the said allegation was based on unsubstantiated accusations of sex under a false promise of marriage.
Also Read: Kerala Bar Council To Protest Against Police Atrocities On Advocates
13. Kerala High Court Issues Precautionary Guidelines Amid Rising Covid-19 Cases Among Employees
The Kerala High Court has released an official memorandum with precautionary guidelines to be complied with by the employees in light of the rising number of Covid-19 cases reported at the Court, including wearing masks, maintaining social distancing and avoiding biometric scan for entry in case of employees displaying symptoms.
The Kerala High Court Advocates' Association has released a notice urging junior lawyers and law interns to stick to the dress code prescribed for lawyers by the Bar Council of India and the High Court and to maintain the decorum of the court. The Association in its notice has mentioned that several 'unsavoury' incidents had gone down in court halls since the physical hearings resumed due to recently enrolled junior lawyers and law interns not being accustomed to the 'decorum' of the courts.
15. Kerala High Court Issues Notice On Rape Survivor's Plea To Cancel Bail Of Tattoo Artist Sujeesh
Case Title: X v. State of Kerala & Anr.
The Kerala High Court has issued notice on a plea seeking to cancel the bail granted to tattoo artist Sujeesh P.S, who was accused of rape by multiple women. While admitting the plea moved by one of the survivors, Justice Kauser Edappagath issued notice to the State and Sujeesh. Sujeesh, who runs two tattoo studios in the State, had earlier made the front page for reportedly sexually abusing multiple women while tattooing them. There are currently at least 7 FIRs registered against Sujeesh, two for rape and the others for sexual assault under Section 354 of the Indian Penal Code.
Case Title: Muralikrishnan v. State of Kerala & connected matters
The Railway Board informed the Kerala High Court that sufficient details of the technical feasibility of the K-Rail Silverline were not available in the detailed project report (DPR) submitted by the State Railway Development Corporation Ltd. Justice Devan Ramachandran was also informed that the Railways had not concurred with the social impact assessment (SIA) study currently conducted by the State.
A petition has been filed before the Advocate General seeking permission to initiate contempt of court proceedings against dubbing artist and actor K. Bhagyalakshmi for her allegedly contemptuous remarks against the judiciary in the 2017 actor assault case. The plea moved by Kerala High Court Advocate M.R. Dhanil is in light of the fact that Bhagyalakshmi had made certain remarks about the ongoing trial of the actor assault case while speaking at a public function organised at Sahitya Akademi in Thrissur.
