Kerala High Court Weekly Round-Up: April 24 To April 30, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 201-208]XXX V State of Kerala, 2023 LiveLaw (Ker) 201Dr. Shyly S. Raju v. State of Kerala & Ors.,2023 LiveLaw (Ker) 202M/S. Nileshwar Rangekallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Versus The Commissioner Of Income Tax, 2023 LiveLaw (Ker) 203Dhisha v. State of Kerala & Ors., 2023 LiveLaw (Ker) 204 Nishad H. v. State of Kerala & Ors., 2023 LiveLaw (Ker) 205Jijendran C.M. v. State of Kerala, 2023 LiveLaw (Ker) 206Indo-Asian News Channel Pvt. Ltd. & Anr. v. State of Kerala & Ors., 2023 LiveLaw (Ker) 207Fasil V State of Kerala, 2023 LiveLaw (Ker) 208Judgments/Order This WeekIf Unmarried Muslim Daughter Is Not Entitled To Maintenance U/S 125 CrPC, Family Court Can Consider Claim Under Muslim Personal Law: Kerala High CourtCase Title: XXX V State of KeralaCitation: 2023 LiveLaw (Ker) 201The Kerala High Court recently held that if a claim for maintenance under Section 125 of the CrPC made by an unmarried muslim daughter, who has attained majority, is not valid, the same claim can be made under Muslim Personal Law and the Family Court can consider it to prevent multiplicity of proceedings. A division bench of Justice Alexander Thomas and Justice Ziyad Rahman observed that:“We would hold that, for a major unmarried Muslim daughter, who is not suffering from any physical or mental abnormality or injury, as envisaged in clause (c) of sub-section 1 of Sec.125 of the Cr.P.C., a claim made before the Family Court under Sec.125 of the Cr.P.C., will not be maintainable. However, in case the claimant appears to be otherwise eligible for maintenance, in terms of Muslim Personal Law, then the Family Court need not drive the litigant to file a fresh claim and with the wholesome objective of avoidance of multiplicity of proceedings in maintenance claims, the Family Court can entertain the maintenance plea, under Muslim Personal Law.”Eligibility Criteria In Prospectus Can Be Amended When There Is Discrimination Between Similarly Situated Candidates: Kerala High CourtCase Title: Dr. Shyly S. Raju v. State of Kerala & Ors. and other connected mattersCitation: 2023 LiveLaw (Ker) 202The Kerala High Court recently considered the question as to whether pursuant to the publication of the final list of candidates in the service quota for Medical Officers, for admission to the Post Graduate Ayurveda courses 2022, one of the eligibility criteria mentioned in the prospectus could be changed.While the Division Bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen took note of the precedents in Jayakumar E.K. v. Director of Education & Ors. (2003), Anushka Rengunthwar v. Union of India (2023), and other cases, to quip that a new claim could not be admitted in the prospectus before the last date of submitting applications for admission, since the prospectus settles the criteria and gives a level playing field for candidates, it however went on to observe,"Amendment to the prospectus stands totally in a different perspective when there is a hostile discrimination between or among different classes standing on the same footing. If the prospectus fixes an eligibility criteria which offends Article 14, it cannot be said it will hold good for everyone to participate in the same manner as provided under the prospectus without amendment. The right to challenge cannot be taken away merely because there is a timeline fixed in the prospectus".Claim Of Deduction Under Section 80P Is Conditional On Filing A Return Within The Due Date: Kerala High CourtCase Title: M/S. Nileshwar Rangekallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Versus The Commissioner Of Income TaxCitation: 2023 LiveLaw (Ker) 203The Kerala High Court has held that the pre-condition for claiming the deduction under Section 80P of the IT Act has now been made more stringent by reducing the time available to an assessee for making the claim.The bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. has observed that the claim for deduction under Section 80P is conditional on filing a return within the due date prescribed under Section 139(1) of the Income Tax Act.Is There Need To Continue Granting Community-Based Licenses For Cremation, Burial Grounds? Kerala High Court Asks State To ExamineCase Title: Dhisha v. State of Kerala & Ors.Citation: 2023 LiveLaw (Ker) 204The Kerala High Court recently asked the State to examine whether there was any need to continue granting separate licenses for burial or burning grounds for different communities, and whether such an action would violate Articles 14 and 21 of the Indian Constitution.The Division Bench comprising Chief Justice S. Manikumar and Justice Murali Purushothaman was considering a petition alleging denial of access to cremation in a public graveyard to members of the Chakkiliyan Community of Puthur Grama Panchayat of Palakkad District.The Bench perused various provisions of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998,...

Kerala High Court Weekly Round-Up: April 24 To April 30, 2023

Sheryl Sebastian

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