Kerala High Court Weekly Round-Up: August 14 - August 20, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 398-417] Sajith N.K. v. Jishabai Puthukudi & Anr. 2023 LiveLaw (Ker) 398Mattanur Co-operative Rural Bank Ltd. v The Co-operative Arbitration Court 2023 LiveLaw (Ker) 399Adv. Hasna Mol N.S. v. Secretary, Kerala Public Service Commission & Ors. 2023 LiveLaw (Ker) 400Managing Director, KSRTC & Anr. v. S.A. Suneesh Kumar & Ors. 2023 LiveLaw (Ker) 401Pauly v State of Kerala 2023 LiveLaw (Ker) 402Ciby George v. Kochi Metro Rail Ltd. 2023 LiveLaw (Ker) 403Gopi v State of Kerala 2023 LiveLaw (Ker) 404Lijeesh M.J. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 405M A Mohanan Nair v State of Kerala 2023 LiveLaw (Ker) 406Dr. Reddys Laboratories Ltd. Versus The Commissioner Of Commercial Taxes 2023 LiveLaw (Ker) 407Prameela L. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 408 Usha Kumari v Santha Kumari 2023 LiveLaw (Ker) 409B.K. Shyamala Kumari v. Ragi Rajendran & Ors. 2023 LiveLaw (Ker) 410X v. State of Kerala 2023 LiveLaw (Ker) 411Minimol v. State of Kerala & Ors. 2023 LiveLaw (Ker) 412Saiby Jose Kidangoor v. State of Kerala & Ors. 2023 LiveLaw (Ker) 413Jagankumar K. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 414Nandakumar N v State of Kerala 2023 LiveLaw (Ker) 415Faziludeen v. Union of India & Ors. 2023 LiveLaw (Ker) 416Rejis Thomas @Vayalar V State of Kerala 2023 LiveLaw (Ker) 417Judgments/Orders This Week Party Seeking Action For Perjury May Approach Forum Where False Evidence Given, No Private Complaint To Jurisdictional Magistrate: Kerala HC Case Title: Sajith N.K. v. Jishabai Puthukudi & Anr. Citation: 2023 LiveLaw (Ker) 398The Kerala High Court recently considered the question as to whether an aggrieved party can file a private complaint under Section 200 Cr.P.C. before the jurisdictional Magistrate in relation to offence of perjury (enumerated in Section 195(1)(b) Cr.P.C.) and answered the same in the negative. Thus in this case where the aggrieved party approached the Magistrate Court with a private complaint under Section 200 of CrPC, instead of approaching the Family Court where the false evidence had been given, the Single Judge Bench of Justice Kauser Edappagath, observed,"A party who is aggrieved by the inaction on the part of the court, where offences enumerated in Clause (b) of Sub Section (1) of Section 195 Cr.P.C. was committed, in initiating action under Section 340 of Cr.P.C. ('Perjury') can only move to such court with an application under Section 340(1). He cannot directly move the jurisdictional Magistrate Court with a private complaint under Section 200 of Cr.P.C".Rule 198 Kerala Co-operative Societies Rules | Managing Committee Not Exclusive Authority To Issue Memo Of Charge: Kerala HC Full BenchCase title: Mattanur Co-operative Rural Bank Ltd. v The Co-operative Arbitration Court Citation: 2023 LiveLaw (Ker) 399The Kerala High Court overruled the decision of the division bench in Kodanchery Service Co-operative Bank Ltd. v. Joshy Varghese (2020), which dealt with the interpretation of Rule 198 of the Kerala Co-operative Societies (KCS) Rules. A Full Bench comprising Justice Alexander Thomas, Justice C Jayachandran and Justice Shoba Annamma Eapen thus revised the interpretation of Rule 198 and held that appointing authority is not the sole and exclusive authority for framing and issuing memo of charges to the delinquent employees.“...it is to be held that the view taken by the Division Bench in Kodanchery's case supra [2020 (4) KLT 129], as if the appointing authority (Managing Committee) is the sole and exclusive authority for framing and issuing memo of charges to the delinquent employees, covered by Rule 198 of the KCS Rules, does not reflect the correct legal position.”Merely Because PSC Issued Hall Ticket Unaware Of Defective Application, Candidate Has No Right To Appear For Exam : Kerala High CourtCase Title: Adv. Hasna Mol N.S. v. Secretary, Kerala Public Service Commission & Ors. Citation: 2023 LiveLaw (Ker) 400The Kerala High Court dismissed the plea by a candidate who sought to be appointed to the post of Assistant Public Prosecutor, and had also been issued a Hall-Ticket by the Kerala Public Service Commission (PSC) aspirant but was denied the opportunity to take the examination at the examination hall on the ground of her original application being defective. Justice Devan Ramachandran observed that since the petitioner herself had conceded that her application did not contain her name or the date on which it was taken, it was thus legally defective."The said application, therefore, is legally defective and could never have been acted upon by the PSC; and hence merely because the petitioner was issued a Hall Ticket based on the same by the PSC, being unaware of the said defect, it would not obtain to her any right to write the examination," the Court observed. KSRTC Can't Use Employees' Pension Contributions To Meet Its Financial Obligations: Kerala High Court Upholds Single Bench DecisionCase Title: Managing Director, KSRTC &...

Kerala High Court Weekly Round-Up: August 14 - August 20, 2023

Navya Benny

Tags