Kerala High Court Weekly Round-Up: July 1 – July 7, 2024

Nominal Index {Citations 2024 LiveLaw (Ker) 397 – 417]Sali T. v Keezhmadu Service Co-operative Bank, 2024 LiveLaw (Ker) 397Arshad v State of Kerala, 2024 LiveLaw (Ker) 398Association of Clinical Microbiologists and Biochemists v Akhil James and Others, 2024 LiveLaw (Ker) 399Satish Motilal Bidri v Union Of India, 2024 LiveLaw (Ker) 400N S Gopakumar v The Oriental Insurance Company Ltd., 2024 LiveLaw (Ker) 401O. Abdul Rahiman v State Of Kerala & Ors., 2024 LiveLaw (Ker) 402Mohammed Mammunhi v State of Kerala and Others, 2024 LiveLaw (Ker) 403Mansoor Ali v State of Kerala, 2024 LiveLaw (Ker) 404Adithya Kiron v The Station House Officer and Others, 2024 LiveLaw (Ker) 405P. R. Ramachandran V The State Chief Information Commissioner, 2024 LiveLaw (Ker) 406Jomi v State of Kerala, 2024 LiveLaw (Ker) 407C Kappan v State of Kerala & Other, 2024 LiveLaw (Ker) 408Dr. Pramod John v State of Kerala, 2024 LiveLaw (Ker) 409Thomas Baby v Jojo V. Varghese and Others, 2024 LiveLaw (Ker) 410State of Kerala V Gireesh Kumar & Connected Matter, 2024 LiveLaw (Ker) 411Eldho Varghese v Liya Jose, 2024 LiveLaw (Ker) 412Jeffin Kuriakose v State of Kerala, 2024 LiveLaw (Ker) 413PVR Tourist Home Versus CIT, 2024 LiveLaw (Ker) 414The Meenachil Taluk Cooperative Employees Cooperative Society Limited Versus Commissioner Of Income Tax (Appeals), 2024 LiveLaw (Ker) 415Raju Sreedharan Versus The Superintendent, Central Tax & Central Excise, 2024 LiveLaw (Ker) 416Sandeep G V State of Kerala, 2024 LiveLaw (Ker) 417Judgments/ Orders this WeekKerala Co-Operative Societies Act | Impleadment Of Legal Representative In Execution Of Arbitral Award Is Not Hit By Limitation: Kerala High CourtCase Title: Sali T. v Keezhmadu Service Co-operative BankCitation: 2024 LiveLaw (Ker) 397The Kerala High Court held that that non – non-impleadment of legal representatives after the death of the judgment-debtor does not abate the execution proceedings with respect to an arbitral award. The requirement in Code of Civil Procedure requiring the legal representative to be impleaded within the limitation period will not apply for execution of arbitration proceedings under Kerala Co-operative Societies Act.[Kerala Protection Of River Banks & Regulation Of Removal Of Sand Act] Loading Stationary Vehicle With River Sand Constitutes 'Transport' U/S 23: High CourtCase Title: Arshad v State of KeralaCitation: 2024 LiveLaw (Ker) 398The Kerala High Court has held that the term 'transport' in Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereafter, Sand Act) cannot be interpreted to mean that the vehicle must be in motion.Justice Bechu Kurian Thomas stated that the term 'transports sand' would mean the removal of sand from the river bed to the lorry and from the lorry to any other place. The Court stated that even when a vehicle was loaded with river sand, it would constitute sand transport, regardless of whether the vehicle was in motion or not.'Policy Decision': Kerala High Court Dismisses Appeal Against Removal Of Biochemistry And Microbiology Streams From Paramedical CoursesCase Name: Association of Clinical Microbiologists and Biochemists v Akhil James and OthersCitation: 2024 LiveLaw (Ker) 399The Kerala High Court has dismissed an appeal filed by Association of Clinical Microbiologists and Biochemists against the removal of B.Sc. Medical Biochemistry and B.Sc. Medical Microbiology courses from the prospectus of professional degree courses and paramedical courses for the year 2018-19, saying that it is a policy decision of the Government.The Court however added that there are some cases where the policy decisions can be subjected to judicial review but that can be done only on well-defined grounds. In this case, there is no such grounds. No legal right or fundamental right of the petitioners are violated, it held.Properties Not Connected With 'Proceeds Of Crime' Cannot Be Subject To Attachment Under PMLA: Kerala High CourtCase Title: Satish Motilal Bidri v Union Of IndiaCitation: 2024 LiveLaw (Ker) 400The Kerala High Court has held that properties subject to attachment under the PMLA must be properties acquired through proceeds of crime. It stated that provisions of PMLA cannot be unfairly and unreasonably used to attach properties that are unrelated to any criminal activity.[Insurance Ombudsman Rules] Rule 17 Empowers Ombudsman To Grant Compensation But Gives No Power To Issue Directions Upon Insurer: Kerala HCCase Title: N S Gopakumar v The Oriental Insurance Company Ltd.Citation: 2024 LiveLaw (Ker) 401The Kerala High Court held that an Insurance Ombudsman was empowered to pass an Award granting compensation to the complainant but not empowered to issue directions to the Insurer as per Rule 17 of the Insurance Ombudsman Rules, 2017."No Intent To Harm Reputation": Kerala High Court Quashes Defamation Case Against Editor & Publisher Of Madhyamam NewspaperCase Title: O. Abdul Rahiman v State Of Kerala & OrsCitation: 2024...

Kerala High Court Weekly Round-Up: July 1 – July 7, 2024

Manju Elsa Isac

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