Kerala High Court Weekly Round-Up: May 29 To June 4

Nominal Index [Citation: 2023 LiveLaw (Ker) 238-249]Santhosh Kumar v. The High Court of Kerala & Ors. 2023 LiveLaw (Ker) 238Mohandas P.D V. The District Geologist 2023 LiveLaw (Ker) 239D. Babu v. C. Shaji & Anr. 2023 LiveLaw (Ker) 240Jimmy Thomas V. Indian Bank 2023 LiveLaw (Ker) 241Zonal Manager, Life Insurance Corporation of India & Ors. v. Rosamma Varkey 2023 LiveLaw (Ker) 242P Nanikutty V. K U Kalpakadevi 2023 LiveLaw (Ker) 243Joseph Thomas V State of Kerala 2023 LiveLaw (Ker)...

Kerala High Court Asks Man To Approach Child Welfare Committee For Discharge Of Minor Daughter Impregnated By Her Brother

The Kerala High Court on Friday said that the father of a minor girl, who gave birth to a child after being impregnated by her brother, is free to submit an application to the Child Welfare Committee for her restoration in accordance with Section 40 of Juvenile Justice (Care and Protection of Children) Act, 2015.A single bench of Justice P V Kunhikrishnan directed the Child Welfare Committee to consider the application, if it is filed, within a week after consultation with doctors. The order of...

Kerala High Court Monthly Digest - May 2023 [Citations: 210 - 245]

Nominal Index Citations [2023 LiveLaw (Ker) 210-245]P.T. Sheejish v. Union of India & Ors. 2023 LiveLaw (Ker) 210 State of Kerala v. Sanith Jan and State of Kerala v. Arun 2023 LiveLaw (Ker) 211St. Mary's Orthodox Church & Anr. v. State of Kerala & Ors. and other connected matters 2023 LiveLaw (Ker) 212Kerala Public Service Commission v. State Disability Commissioner & Ors....

Kantara Plagiarism Row: Kerala High Court Stays Magistrate Order Directing Seizure Of Materials Related To "Varaharoopam" Song

The Kerala High Court recently stayed the order of the Chief Judicial Magistrate, Kozhikode that had directed the investigating officer to seize agreements/contracts related to the allegedly plagiarised song "Varaharoopam" from the Kannada movie “Kantara”. Further proceedings pursuant to the order of the Magistrate was stayed by a single bench of Justice Raja Vijayaraghavan in a plea filed by Producer of ‘Kantara’ Vijay Kirgandur and Music Director, B L Ajaneesh. The order was passed by the...

Kerala High Court Takes Exception To State’s Rejection Of Proposal On Enhancing Retirement Age Of HC’s Meritorious Staff, Orders Fresh Decision

Taking exception to the State's rejection of a proposal on the enhancement of retirement age of high court staff from 56 to 58, the Kerala High Court on Thursday remitted the matter back to the state government for a fresh decision on the proposal of the Chief Justice for enhancement of the retirement age of the meritorious employees.The Registrar General of the High Court on October 25, 2022 had forwarded the proposal of the Chief Justice for enhancement of the age of superannuation of the...

Kerala High Court Orders Kollam Police To Probe Alleged Forgery Of NEET Score Card By Candidate

The Kerala High Court on Wednesday directed the District Police Chief, Kollam, to conduct an enquiry in the matter of alleged manipulation in the National Eligibility Cum Entrance Test (NEET) scorecard of a candidate. Justice P.V. Kunhikrishnan declared that if any criminal offence is found in the matter, the Police authorities would be free to register a case and investigate the same in accordance with law, without waiting for any further order from the Court. The candidate had filed...

Delegation Of Quasi-Judicial Functions By SEBI To Its Members Is Permissible: Kerala High Court

The Kerala High Court recently held that the Securities and Exchange Board Of India (SEBI) can delegate the quasi-judicial functions of the Board to its members if the statute permits such delegation. The court noted that Section 19 of the SEBI Act permits delegation of the function and power of the Board to its members, except the powers under under Section 29, being the rule making power of the Board.A single bench of Justice V G Arun observed that: “In the Indian context, delegation of...

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court

The Kerala High Court on Monday held that a detention order issued against a person can be quashed on the basis of unexplained delay in issuing the order of detention after the last prejudicial activity of the detenu, as per the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter, 'KAAPA'). The Division Bench comprising Justice P.B. Sureshkumar and Justice C.S. Sudha observed, "It is trite that there has to be a live link between the prejudicial activity and the...

Kerala High Court Raps Kochi Corporation For Inaction Against Street Food Stalls Dumping Waste Into Stormwater Canals

The Kerala High Court recently came down heavily on the Kochi Corporation for not taking stringent action against hotels, particularly “thattukadas” (street side food stalls) for dumping waste into stormwater canals. The High Court in an order last year had directed the Kochi Corporation to act against citizens, commercial establishments dumping plastic/ garbage in stormwater drains.A single bench of Justice Devan Ramachandran observed: “I fail to understand why the Corporation takes the...

[Kerala Rent Control Act] Interim Orders Appealable U/S 18 Only If It Affects Rights & Liabilities Of Party: Kerala High Court

The Kerala High Court recently held that interim orders passed under the Kerala Buildings (Lease and Rent Control) Act, 1965 are appealable under Section 18 of the Act only if it affects the rights and liabilities of the concerned party.A division bench of Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen while dismissing a petition filed challenging the order of the Rent Control Appellate Authority, that dismissed an appeal against interim orders of the Rent Control Court, held that ad...

Plea In Kerala High Court Challenges Special Court's Order Directing State To Produce Documents In Brewery License Case

A plea has been filed in the Kerala High Court for quashing the order issued by the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram seeking the production of documents by the State Government, in relation to the brewery allotment corruption case.The case pertains to the alleged graft in the issuance of brewery licenses by the previous administration of the ruling party. Approvals for breweries were allegedly given to three distilleries but it was revoked after the opposition...

'Why Can’t You Take It As Patient Hearing?' : Kerala High Court Asks Petitioner Who Alleged Sitting Judge Hears Limited Number Of Cases

The Kerala High Court on Wednesday reserved for order the petition filed by Advocate Yeshwanth Shenoy alleging that Justice Mary Joseph of the High Court has curtailed the number of cases listed before her bench to only 20 matters a day, when other judges have 100 matters or more listed before them everyday. When the matter came up for hearing before Justice PV Kunhikrishnan today, he asked the Petitioner, “Why can’t you take it as patient hearing by a judge? Some judges may dispose the case...