Kerala High Court Weekly Round-Up: February 12 - February 18, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 106-119]Sanitha Saji v. Salimkumar, 2024 LiveLaw (Ker) 106Chandini CK v. The State of Kerala and ors., 2024 LiveLaw (Ker) 107In Re Bruno v Union of India, 2024 LiveLaw (Ker) 108Padma Conductors Pvt Ltd. v MIRC Electronics, 2024 LiveLaw (Ker) 109 Maheswari S & ors v. State of Kerala & ors.,2024 LiveLaw (Ker) 110Meena v Joint Regional Transport Officer, 2024 LiveLaw (Ker) 111V K Sankarankutty v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 112Romeo Victor & anr. v. Cheranaloor Grama Panchayath & ors., 2024 LiveLaw (Ker) 113Kumarthupady Shri Bhagavathy Temple v State of Kerala, 2024 LiveLaw (Ker) 114Sreedevi M v State Of Kerala ,2024 LiveLaw (Ker) 115Teresa Mary George v State of Kerala, 2024 LiveLaw (Ker) 116PM Gopi v. Union of India and ors., 2024 LiveLaw (Ker) 117Noel Joseph v State of Kerala, 2024 LiveLaw (Ker) 118Soby George v. State of Kerala & ors., 2024 LiveLaw (Ker) 119Judgments/Orders This WeekDefection | Withdrawal Of Earlier Petition Against Defection Sufficient Ground To Condone Delay In Filing Subsequent Petition: Kerala High CourtCase Title: Sanitha Saji v. SalimkumarCitation: 2024 LiveLaw (Ker) 106The Kerala High Court has held that if an election petition filed before the Election Commission within statutory period is withdrawn, the same will be sufficient cause for another person to seek condonation of delay in moving the subsequent election petition. "Once an original petition is filed before the Election Commission alleging defection within a statutory period and suppose the party or the person who filed the Election Petition is influenced by the elected person and he was able to withdraw the defection petition, the Election Commission is not helpless in such situation," Justice PV Kunhikrishnan observed.Kerala High Court Denies Plea For Non-Creamy Layer OBC Certificate, Says Engagement In Hereditary Occupation Needed For CertificationCase Title: Chandini CK v. The State of Kerala and ors.Citation: 2024 LiveLaw (Ker) 107The Kerala High Court rejected a plea for 'non-creamy layer' certification on the ground that the petitioner wouldn't qualify for the categorization as it only applies to individuals engaged in their hereditary occupation.A single judge bench of Justice Devan Ramachandran was hearing a matter where the petitioner was denied a non-creamy layer certificate by the Tahsildar and Sub-Collector.Wild Animals Strike Human Settlements Irrespective Of State-Borders: Kerala High Court Calls For Cooperation With Karnataka And TN GovtsCase Name: In Re Bruno v Union of IndiaCitation: 2024 LiveLaw (Ker) 108The Kerala High Court has urged the State governments of Kerala, Karnataka and Tamil Nadu, which share forest covered borders, to act in tandem against the rising issue of man-animal conflict,The bench of Justice AK Jayasankaran Nambiar and Justice Gopinath P was dealing with a suo motu case on the issue when an incident was brought to its notice whereby a Wayanad resident was attacked within the precincts of his home, by an elephant apparently collared by forest authorities in Karnataka. It thus called for a "purposive co-operation" among the states to fulfil the constitutional guarantees afforded to the citizens, irrespective of where they reside.[S.138 NI Act] Must Examine Those With Direct Knowledge Of Transaction To Prove Allegations Of Cheque Dishonour: Kerala High Court Sets Aside ConvictionCase number: Padma Conductors Pvt Ltd. v MIRC ElectronicsCitation: 2024 LiveLaw (Ker) 109The Kerala High Court has stated that the prosecution has to examine a witness who had direct knowledge regarding the transaction, issuance and execution of the cheque to prove dishonour of the cheque.The appellants approached the High Court with a criminal revision petition against the conviction in a cheque dishonor matter under Section 138 NI Act where the cheque was dishonoured for want of funds. Justice A. Badharudeen observed that the examination of a witness who had no direct knowledge regarding the transaction or issuance of the cheque would be insufficient to discharge the initial burden cast upon the complainant to prove their case.Kerala High Court Directs Thrissur Corporation To Pay Damages For Demolishing Licensed Bunk Shop Despite Interim Protection OrderCase Title: Maheswari S & ors v. State of Kerala & ors.Citation: 2024 LiveLaw (Ker) 110The Kerala High Court has ordered Thrissur Corporation to pay Rs. 50,000 damages to a woman whose deceased husband's licensed bunk shop was demolished despite interim protection orders passed by the Court.A single judge bench of Justice A Muhamed Mustaque said it cannot overlook the "high handed action" of the authority but awarded only nominal damages considering that an alternative shop was subsequently allotted to the woman.Pending Financial Liabilities, Non-Payment Of E-Challans Won't Prohibit Transfer Of Vehicle's Ownership To Wife After Husband's Death: Kerala HCCase title: Meena v Joint Regional...

Kerala High Court Weekly Round-Up: February 12 - February 18, 2024

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