Kerala High Court Weekly Round-Up: January 15 – January 21, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 49-58]Sabu Varghese v. Viju P. Varghese & Ors., 2024 LiveLaw (Ker) 42Dr. Annie Mareena Issac V Employees State Insurance Corporation, 2024 LiveLaw (Ker) 43XXX & Ors. v. State of Kerala & Connected case, 2024 LiveLaw (Ker) 44Lekshmi M V Sudhamony Amma, 2024 LiveLaw (Ker) 45Anwer Hussain T v. Union Territory of Lakshadweep, 2024 LiveLaw (Ker) 46Neyan Veettil Behsana V Local Registrar For Births And Deaths & Marriages, 2024 LiveLaw (Ker) 47K Sekharan v. State of Kerala & Ors., 2024 LiveLaw (Ker) 48Sasidharan A v Vijayan Unnithan, 2024 LiveLaw (Ker) 49Renjith Raj v State, Represented By CI of Police, 2024 LiveLaw (Ker) 50Azharudheen v. State of Kerala, 2024 LiveLaw (Ker) 52Sivaprakashan v State of Kerala, 2024 LiveLaw (Ker) 53T. Rema & Ors. v. AK Radhamani & Anr., 2024 LiveLaw (Ker) 54Mohammed Manath Ibrahim v Thrikkakara Municipality, 2024 LiveLaw (Ker) 55Joseph A U v Princy P J, 2024 LiveLaw (Ker) 56C. Surendranath v State of Kerala, 2024 LiveLaw (Ker) 57Karuvangadan Mukthar @ Muthu v The Superintendent, 2024 LiveLaw (Ker) 58Judgments/Orders This WeekVariations In Evidence Due To Normal Errors Of Observation Or Memory Are Not Material Discrepancies Touching Core Of Case: Kerala High CourtCase Title: Thapas Berman v. State of KeralaCitation: 2024 LiveLaw (Ker) 39The Kerala High Court held that variations in the evidence only due to normal errors of observation and memory due to the lapse of time will always be there and the same cannot be accepted as material discrepancies touching the core of the case.A division bench of Justice P B Suresh Kumar and Justice Johnson John was hearing the case.Kerala High Court Quashes False Sexual Assault & Rape Case Filed By Minor Girl Against Father For Objecting To Her RelationshipCase title: XXX v State of KeralaCitation: 2024 LiveLaw (Ker) 41The Kerala High Court quashed a sexual assault and rape complaint filed by a minor daughter under various provisions of the IPC & POCSO Act against her father on finding that it was a false complaint.The Court found that the daughter had raised false allegations against her father since he objected to her relationship with a boy.Justice Gopinath P quashed the criminal proceedings against the father by relying upon the mother's affidavit and a report submitted by the Victim Rights Centre that it was a false complaint.Absence After Expiry Of Authorised Leave Is 'Non-Duty' For All Purposes Other Than Pension: Kerala HC Upholds Order Setting Aside PromotionCase Title: Sabu Varghese v. Viju P. Varghese & Ors.Citation: 2024 LiveLaw (Ker) 42The Kerala High Court upheld a Single Bench order that set aside the promotion of an employee due to a break in his service, after the expiry of his authorized leave, which was treated as unauthorized and non-duty for all purposes other than pension.Perusing Fundamental Rule 17A and Central Civil Services (Pension) Rule 27, the Division Bench comprising Justice Amit Rawal and Justice C.S. Sudha, observed, "On juxtaposing of the aforementioned Rules, interruption or break in service has been clarified in Rule 27 in respect of employees who had remained absent after the expiry of authorized leave whereas Fundamental Rule 17A deals with absence out of nowhere and that absence has also been considered to be a break and interruption".Transfer Of Working Women Should Be Considered Sympathetically, They Play Major Role In Taking Care Of Children, Aged Parents: Kerala HCCase Title: Dr. Annie Mareena Issac V Employees State Insurance CorporationCitation: 2024 LiveLaw (Ker) 43The Kerala High Court has asked employers to exhibit open-mindedness and empathy when issuing transfer orders to 'working women'.A Division Bench comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen observed that working women play major roles in taking care of their children and aged parents and thus, they may find it difficult to maintain a work-life balance in an unfamiliar environment.Kerala High Court Directs IG (Registrations) To Consider Validity Of NGO's Registration For Making Derogatory Remarks Against Transgender CommunityCase Title: XXX & Ors. v. State of Kerala & Connected caseCitation: 2024 LiveLaw (Ker) 44The Kerala High Court directed the Inspector General of Registration, to consider the validity of the registration of an NGO 'Youth Enrichment Society' accused of making remarks with the intent to cause harm against the transgender communityThe plea was before a bench of Justice Devan Ramachandran. The petitioners had filed the writ petition seeking cancellation of registration of the 6th respondent NGO for making remarks against the transgender community with the intent to cause them harm.[Indian Succession Act] Can Courts Grant/Revoke Probates Or Letters Of Administration Without Govt Notificiation? Kerala HC Refers To Division BenchCase title: Lekshmi M V Sudhamony AmmaCitation: 2024 LiveLaw (Ker) 45The Kerala High Court has referred the decision of a single judge ...

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024

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