Kerala High Court Weekly Round-Up: February 5 - February 11, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 88-105]Radhika v. Unnikrishnan 2024 LiveLaw (Ker) 88Deputy Commissioner (Works Contract), Kerala State Goods and Services Tax Department vs. National Company Law Tribunal 2024 LiveLaw (Ker) 89Shinoj Singh & Ors. v. State of Kerala 2024 LiveLaw (Ker) 90Sreeranj v State of Kerala 2024 LiveLaw (Ker) 91K. G. Mohandas v Central Bureau Of Investigation (CBI) 2024 LiveLaw (Ker) 92Sandeep v. State of Kerala 2024 LiveLaw (Ker) 93Deekshit VR v. The State of Kerala 2024 LiveLaw (Ker) 94Sanjay Oraon v State of Kerala 2024 LiveLaw (Ker) 95Joji Varghese v State of Kerala 2024 LiveLaw (Ker) 96S. Manimekhala v. State of Kerala & Ors. 2024 LiveLaw (Ker) 97 Union of India v. Udayachandran P 2024 LiveLaw (Ker) 98Bichitra Mohanty v. State of Kerala 2024 LiveLaw (Ker) 99Noushid P A v State of Kerala 2024 LiveLaw (Ker) 100Ratheesh K R v Director, Akshaya Project & Connected Case 2024 LiveLaw (Ker) 101Arun Joseph v Union of India 2024 LiveLaw (Ker) 102Jebin Joseph v. State of Kerala 2024 LiveLaw (Ker) 103Babu @Palraj v State of Kerala 2024 LiveLaw (Ker) 104AD v. B 2024 LiveLaw (Ker) 105Judgments/Orders this weekPreviously Instituted Suit Can't Be Stayed U/S 10 CPC On Ground That Subsequent Suit On Same Issue Is Pending Between Parties: Kerala High CourtCase Title: Meenakshi and ors. v. P Soman Nadar and ors.Citation: 2024 LiveLaw (Ker) 88The Kerala High Court has held that the obligation to engross the final decree on stamp paper lies with the appellate court which passed the final decree.A division bench comprising Justice Anil K Narendran and Justice PG Ajithkumar has held the decision in Brenda Barbara Francis v. Adrian Miranda 'Halcyon' Pakkattuvila, Kunnukuzhi (2016) to be per incuriam, observing that the obligation to engross the final decree on stamp paper is with the appellate court which passed the final decree.NCLT Kochi Order “Preposterous” And “Untenable” Exceeding Jurisdiction In Declaring Tax Assessment Order Void: Kerala High CourtCase Title: Deputy Commissioner (Works Contract), Kerala State Goods and Services Tax Department vs. National Company Law TribunalCitation: 2024 LiveLaw (Ker) 89While allowing a Writ Petition, the Kerala High Court bench of Justice Dinesh Kumar Singh recently observed that an Order passed by the National Company Law Tribunal ('NCLT') Kochi Bench was 'preposterous' and 'untenable'.NCLT Kochi had held an Assessment Order by Kerala Value Added Tax ('KVAT') Works Contract Authorities against Albana Engineering (India) Pvt. Ltd. (Respondent 2) to be void ab initio in violation of Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016.Until Charges Proven Beyond Reasonable Doubt, Question Of Punishing Accused Doesn't Arise Merely Due To Heinous Nature Of Crime: Kerala HCCase Title: Shinoj Singh & Ors. v. State of KeralaCitation: 2024 LiveLaw (Ker) 90 The Kerala High Court recently acquitted five RSS/BJP activists alleged of assaulting a CPI (M) worker due to political rivalry, on noting the absence of evidence to prove the identity of such persons beyond a reasonable doubt.The conviction of respondent no 1 was, however, upheld. The Single Judge Bench of Justice P.G. Ajithkumar relied upon the Apex Court decision in Ashish Batham v. State of Madhya Pradesh (2002), which laid down that the fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the accused.Ground Water Vulnerable, Regulations Should Focus On Sustainability And Care For Future Generations: Kerala High CourtCase title: Sreeranj v State of KeralaCitation: 2024 LiveLaw (Ker) 91Justice Devan Ramachandran stated that groundwater is an essential component of groundwater resources and a special type of mineral wealth and its uncontrolled usage can even affect ecosystems. “ Being so, ground water is vulnerable and limited, despite its replenishable nature and vast reserves, impelling unexpendable regulations in most parts of the world; especially since uncontrolled exploitation of aquifers by even small water users can affect the ecosystems,” stated the Court. It further stated that regulations on the usage of groundwater resources should not be dealt casually and as a mere formality. “This preface is to remind the statutory Regulators that when enforcing the Regulations qua ground water use, their focus ought to be on rationality, control, safety, sustainability and care for future generations,” added the Court.[Dr Vandana Das Murder Case] No Serious Flaws In Investigation: Kerala High Court Dismisses Plea For Transfer Of Probe To CBICase title: K. G. Mohandas v Central Bureau Of Investigation (CBI)Citation: 2024 LiveLaw (Ker) 92The Kerala High Court today dismissed the writ petition filed by Dr Vandana's parents seeking transfer of probe to the Central Bureau of Investigation (CBI).Dr. Vandana Das, the 23-year-old house surgeon was stabbed to death by an injured man who was brought to the government hospital by Pooyappally...

Kerala High Court Weekly Round-Up: February 5 - February 11, 2024

Rubayya Tasneem

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