Kerala High Court Weekly Round-Up: August 19 -25, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 536 – 547]Sham P S v State Bank of India, 2024 LiveLaw (Ker) 536Mary Queens Mission Hospital Versus The Commissioner Of Income Tax (Exemption), 2024 LiveLaw (Ker) 537P.C. Varghese Muthalali v State of Kerala, 2024 LiveLaw (Ker) 538Mary Baby v State of Kerala, 2024 LiveLaw (Ker) 539Ibnu Shijil v State of Kerala, 2024 LiveLaw (Ker) 540P V Jeevesh (Advocate) v Union of India, 2024 LiveLaw (Ker) 541Abdul Jaleel v State of Kerala and Another, 2024 LiveLaw (Ker) 542Amal Babu v State of Kerala and Others, 2024 LiveLaw (Ker) 543Nazeer K. T. v The Manager Federal Bank and Another, 2024 LiveLaw (Ker) 544xxx v State of Kerala, 2024 LiveLaw (Ker) 545Ankitha Joy v Joy Augustine @ Augusthy, 2024 LiveLaw (Ker) 546G.Gopan @ Gopakumar v State of Kerala, 2024 Live Law (Ker) 547Judgments/ Orders This WeekOTS Benefit Can't Be Denied After Accepting Delayed Installment: Kerala High Court Asks SBI To Release Title DeedsCase Title: Sham P S v State Bank of IndiaCitation: 2024 LiveLaw (Ker) 536The Kerala High Court has directed the State Bank of India to release the title deeds of a residential property mortgaged by a petitioner on payment of outstanding debts under the One Time Settlement (OTS) Scheme.The Bank did not confer the benefit of the OTS Scheme to the petitioner, citing a delay in payment of the second instalment within the stipulated time. Justice Dinesh Kumar Singh observed that the Bank did not raise an objection saying that the petitioner delayed the payments of the second instalment or that the OTS Scheme had lapsed. The Court thus observed that the Bank accepted the second instalment paid by the petitioner under the OTS Scheme, even if it was made with some delay. Applications For Condonation Of Delay, Should Not Be Too Hyper-Technical: Kerala High CourtCase Title: Mary Queens Mission Hospital Versus The Commissioner Of Income Tax (Exemption)Citation: 2024 LiveLaw (Ker) 537The Kerala High Court has held that the applications for condonation of delay should have been considered without being too hyper-technical and in a judicious manner.The bench of Justice Gopinath P. has observed that the delay in filing the audit report in Form-10B can at best be 30 days, as the law only requires that the audit report be uploaded at least a month before the due date for filing returns. The Commissioner exercised his jurisdiction under Section 119(2)(b) of the Income Tax Act, 1961, to condone the delay instead of taking a strict view of the matter.[POCSO] Accused's Culpable Mental State Cannot Be Considered At Pre-Trial Stage: Kerala High Court Dismisses Discharge PleaCase Title: P.C. Varghese Muthalali v State of KeralaCitation: 2024 LiveLaw (Ker) 538The Kerala High Court has held that the culpable mental state of the accused cannot be considered at the pre-trial stage when the prosecution makes out a prima facie case.The Court was considering whether culpable mental state under the POCSO Act could be considered at the time of discharge or quashment of the proceedings against the accused. Kerala Govt Land Assignment Act | Assignee Bound By Restrictions & Limitations Prescribed In 'Patta' Or Other Assignment Documents: High Court Case Title: Mary Baby v State of Kerala Citation: 2024 LiveLaw (Ker) 539The Kerala High Court held that the assignee of Government land is bound by restrictions, limitations and conditions prescribed in the patta or other documents of assignment as per the provisions of the Land Assignment Act and rules made thereunder.A Person Cannot Be Prosecuted For Consumption Of Narcotic Drug On The Basis Of Smell Of His Breath: Kerala High CourtCase Title: Ibnu Shijil v State of KeralaCitation: 2024 LiveLaw (Ker) 540Kerala High Court has held that a person cannot be booked for consuming narcotic drug on the basis that the investigation officer smelt the substance from his breath. The Court observed that if it is allowed, a situation will arise where the investigating officer can prosecute anyone as an accused under Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act). It was noted that since sensory perceptions are subjective, reliance cannot be placed on it to identify a substance."No Fundamental Right To Demand Laws Titled In Familiar Languages": Kerala HC On 'Hindi' Names Of New Criminal LawsCase Title: P V Jeevesh (Advocate) v Union of IndiaCitation: 2024 LiveLaw (Ker) 541The Kerala High Court dismissed a Public Interest Litigation filed by a lawyer challenging the Hindi titles given to the new criminal laws, The Bharatiya Nagarik Suraksha Sanhita, The Bharatiya Nyaya Sanhita and The Bharathiya Sakshya Adhiniyam.The Division Bench comprising Acting Chief Justice A Muhamed Mustaque and Justice S Manu observed that citizens have no fundamental right to demand that the title of enactments should be in a familiar language. The Court stated that nothing prevents Parliament from giving Hindi names as the title of an enactment.Agreement To Withdraw Prosecution In...

Kerala High Court Weekly Round-Up: August 19 -25, 2024

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