Kerala High Court Weekly Round-Up: November 18 – November 24, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 727 – 747]Nimija v State of Kerala, 2024 LiveLaw (Ker) 727Case Title: TNS India Pvt. Ltd. and Another v State of Kerala, 2024 LiveLaw (Ker) 728Aji v State of Kerala, 2024 LiveLaw (Ker) 729Visakh v State of Kerala and Another, 2024 LiveLaw (Ker) 730X v State of Kerala, 2024 LiveLaw (Ker) 731K K Damodaran & Co. v Union of India, 2024 LiveLaw (Ker) 732Unni K E v State of Kerala, 2024 LiveLaw (Ker) 733X. v Y, 2024 LiveLaw (Ker) 734Simil v State of Kerala , 2024 LiveLaw (Ker) 735Ajith Prasad Edacherry v State of Kerala, 2024 LiveLaw (Ker) 736P.S.Sreedharan Pillai v State of Kerala , 2024 LiveLaw (Ker) 737Adv. M. Baiju Noel v Additional Chief Secretary and Others, 2024 LiveLaw (Ker) 738Aloysius Alexander v S. Jayakumar @ Panambil S. Jayakumar and Others, 2024 LiveLaw (Ker) 739Chandrasekharan v State of Kerala, 2024 LiveLaw (Ker) 740Sheba Sam Benjamin v State of Kerala, 2024 LiveLaw (Ker) 741XXX v Union of India, 2024 LiveLaw (Ker) 742M/s Knowell Realtors India Pvt. Ltd. v. Assistant Commissioner of Income Tax, 2024 LiveLaw (Ker) 743Baiju George v. Commissioner Of Goods And Service Taxes Department, 2024 LiveLaw (Ker) 744The Assistant Commissioner Of State Tax v. Bhima Jewellery And Diamonds P. Ltd., 2024 LiveLaw (Ker) 745Suo Motu JPP initiated by the High Court, 2024 LiveLaw (Ker) 746Binumon KP v Kerala Public Service Commission and Another, 2024 LiveLaw (Ker) 747Judgments/ Orders This WeekBody Shaming By Sister-In-Law Is Prima Facie Wilful Conduct Affecting Mental Health Of Woman To Attract Cruelty U/S 498A IPC: Kerala HCCase Title: Nimija v State of KeralaCitation: 2024 LiveLaw (Ker) 727The Kerala High Court has stated that body shaming of a woman by her sister-in-law would prima facie amount to wilful conduct to cause injury to health of a woman to attract an offence of cruelty under Section 498A of the IPC.Justice A. Badharudeen stated that spouses of siblings who are residing in the matrimonial home would also come under the term relative in Section 498A.Kerala HC Asks Investigating Agency To Inform Centre About Foreign Agency's 'Suspicious' Survey Allegedly Hurting Feelings Of Muslim CommunityCase Title: TNS India Pvt. Ltd. and Another v State of KeralaCitation: 2024 LiveLaw (Ker) 728The Kerala High Court has asked investigating agency Internal Security Investigation Team (ISIT) to inform Central Government about the "suspicious" survey allegedly conducted by a foreign agency without sanction from it.The Internal Security Investigation Team (ISIT) after investigation alleged that the foreign agency, Princeton Survey Research Associates (PSRA) had conducted the survey with the intention to spoil the existing communal harmony and create emotional conflict among the Muslim Community. Justice P. V. Kunhikrishnan was hearing a plea moved by an Indian company–which had entered into a contract with PSRA to conduct the survey–seeking quashing of a criminal case registered against them for allegedly carrying out malicious acts to outrage religious feelings.Accused Has Right To View Digital Documents That Are Part Of Prosecution Records Without Affecting Victim's Privacy: Kerala High CourtCase Title: Aji v State of KeralaCitation: 2024 LiveLaw (Ker) 729The Kerala High Court stated that the accused right to access documents, including digital documents excluding those which affect the privacy of the victim.Justice A. Badharudeen stated that the accused cannot be denied the right to view the pen drive containing CCTV visuals which are part of prosecution records for defending his case, as part of his right to a fair trial.Condition To Not Get Involved In Any Other Crime Not Intended To Operate Throughout Trial: Kerala HC While Setting Aside Bail CancellationCase Title: Visakh v State of Kerala and AnotherCitation: 2024 LiveLaw (Ker) 730The Kerala High Court has set aside an order cancelling bail of a man booked under NDPS Act, observing that there is nothing to show that the accused interfered in the investigation or trial. The bail was cancelled by the Sessions Judge on the ground that the petitioner involved himself in another crime and thereby violated the bail condition.Justice K. Babu observed that there should be overwhelming reasons for cancelling a bail.Religious/Customary Marriage Has 'Colour Of Legal Marriage', Woman Can Seek Protection Against Cruelty U/S 498A IPC: Kerala High CourtCase Title: X v State of KeralaCitation: 2024 LiveLaw (Ker) 731 The Kerala High Court has held that a woman can seek protection against matrimonial cruelty under Section 498A of the Indian Penal Code when there is either "religious or customary" marriage between the parties which has the "colour of legal marriage", even if such marriage was later found to be invalid under law.Justice Sophy Thomas in its order observed that although there was no registration of marriage under Secular law, the Nikah of the girl who was originally Hindu was conducted with the first accused after she...

Kerala High Court Weekly Round-Up: November 18 – November 24, 2024

Manju Elsa Isac

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