Kerala High Court Weekly Round-Up: October 7 – October 13, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 617 – 633]Shastra Sharman Namboothiripad and Others v State of Kerala, 2024 LiveLaw (Ker) 617Santhosh K S v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 618Suo Motu Proceedings Initiated by High Court v State of Kerala and Others, 2024 LiveLaw (Ker) 619Abdul Noushad @ Noushad Ahsani v State of Kerala, 2024 LiveLaw (Ker) 620Navas P K v State of Kerala, 2024 Live Law (Ker) 621Kerala Public Service Commission v Johnraj P & Others, 2024 LiveLaw (Ker) 622Fr. Jose Mathai Myladath v State of Kerala, 2024 LiveLaw (Ker) 623M/s R. K. Ventures v The District Superintendent of Police and Others, 2024 LiveLaw (Ker) 624Anson I. J. and Others v State of Kerala and Others, 2024 LiveLaw (Ker) 625Mrs. Fareeda Sukha Rafiq v Union of India, 2024 LiveLaw (Ker) 626M/s. T. P. Metals & Roofings v Assistant Tax Officer and Others, 2024 LiveLaw (Ker) 627Thottungal Padmanabha Das Sujith v. The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/Income Tax Officer, Assistant, 2024 LiveLaw (Ker) 628Dr P K Baby v State of Kerala, 2024 LiveLaw (Ker) 629Adv Dheeraj Ravi v State Police Chief, 2024 LiveLaw (Ker) 630Smt. Celin Thomas v. The Income Tax Officer, 2024 LiveLaw (Ker) 631Ayyappan Pillai v. The State Tax Officer, 2024 LiveLaw (Ker) 632P.K. Jayan Vs State Of Kerala, 2024 LiveLaw (Ker) 633Judgments/ Orders This WeekKerala High Court Criticizes Magistrate For Taking Cognizance Against Unauthorised Use Of Elephant Under 'Non-Existing Provision'Case Title: Shastra Sharman Namboothiripad and Others v State of KeralaCitation: 2024 LiveLaw (Ker) 617While hearing a matter on use of elephants in a festival without permission, the Kerala High Court said that taking cognizance of an offence is not a mechanical process but a "solemn function", adding that the court taking cognizance is not a rubber stamp of the investigating agency. A single judge bench of Justice P. V. Kunhikrishnan noted that this shows that the Magistrate "mechanically recorded the provisions" contained in the chargesheet without even verifying it."Leads To Unending Process": Kerala High Court Flags Attempts By Accused To Delay Trial In Cheque Dishonour CasesCase Title: Santhosh K S v State of Kerala & Connected CasesCitation: 2024 LiveLaw (Ker) 618The Kerala High Court has cautioned against the delaying tactics used by the accused to prolong the proceedings under Section 138 of the Negotiable Instruments Act such as seeking forensic examination of the cheque and seeking expert opinions by summoning and examining private handwriting experts.Failure To Mention That Person Seeking Anticipatory Bail Is Abroad At Time Of Making Application Is "Suppression Of Materials Fact": Kerala HCCase Title: Suo Motu Proceedings Initiated by High Court v State of Kerala and OthersCitation: 2024 LiveLaw (Ker) 619The Kerala High Court has held that a person apprehending arrest should mention whether he is in India or abroad, while filing an anticipatory bail plea. The direction was given by the Division Bench comprising Justice Anil K. Narendran and Justice P. G. Ajithkumar .'Can't Impose One's Religious Belief On Another': Kerala High Court Refuses To Quash Case Against Man For Criticizing Muslim Girl's HandshakeCase Title: Abdul Noushad @ Noushad Ahsani v State of KeralaCitation: 2024 LiveLaw (Ker) 620The Kerala High Court has refused to quash proceedings initiated against a man under Section 153 of the IPC (giving provocation with intent to cause riot) and Section 119 (a) (punishment for atrocities against women) of the Kerala Police Act, who made allegations against a Muslim girl that she committed adultery and violated Shariat Law by shaking hands with the former Finance Minister of the State.Justice P.V.Kunhikrishnan stated that the Constitution guarantees every citizen the right to follow religious practices in their own way and it is their personal choice. The Court stated that there are no compulsions in religion, especially in Islam. The Court further stated that one person cannot impose or compel another person to follow religious practices.Kerala High Court Quashes Criminal Case Against State President Of Muslim Students Federation For 'Insulting Women'Case Title: Navas P K v State of KeralaCitation: 2024 Live Law (Ker) 621The Kerala High Court has quashed criminal proceedings against the Muslim Students Federation (MSF) State President, Navas P K for allegedly making derogatory remarks against former leaders of Haritha which is the girl's wing of the MSF.Justice A. Badharudeen quashed the FIR, Final Report and further proceedings against Navas pending before the Judicial First Class Magistrate -IV of Kozhikode noting that the matter has been amicably settled between the parties.Forest Driver Recruitment: Kerala HC Declines Fresh Test In Vehicle 'Suitable' For 6Ft. Tall Applicant, Says No Denial Of Employment OpportunityCase Title: Kerala Public Service Commission v Johnraj P & OthersCitation: 2024 LiveLaw (Ker) 622The ...

Kerala High Court Weekly Round-Up: October 7 – October 13, 2024

Manju Elsa Isac

Tags