Kerala High Court Weekly Round-Up: July 31 - August 06

Nominal Index [Citations: 2023 LiveLaw (Ker) 361-376]Punjab National Bank & Anr. v. Central Bureau of Investigation & Ors. 2023 LiveLaw (Ker) 361The Oriental Insurance Company Ltd v. Abdul Khader 2023 LiveLaw (Ker) 362S. Surendran v. State of Kerala and K. Sudhakaran v. State of Kerala 2023 LiveLaw (Ker) 363R.S. Sasikumar v. State of Kerala 2023 LiveLaw (Ker) 364Mohandas v. State of Kerala 2023 LiveLaw (Ker) 365Kerala State Legal Services Authority v. State of Kerala 2023 LiveLaw (Ker) 366Dotty Shiby v. State of Kerala & Anr. 2023 LiveLaw (Ker) 367Shaju A.N v Rahoof P.K and connected matters 2023 LiveLaw (Ker) 368M/S. Elite Green Pvt Ltd Versus Under Secretary 2023 LiveLaw (Ker) 369Suresh K M v. State of Kerala 2023 LiveLaw (Ker) 370Suo Motu v. State of Kerala 2023 LiveLaw (Ker) 371P.K.Abdul Salam v. Abdul Jabbar (Deceased) 2023 LiveLaw (Ker) 372Amod Mathew v. A.P.M Mathew & Ors 2023 LiveLaw (Ker) 373Nirmala & Ors v. Sundaresan & Ors 2023 LiveLaw (Ker) 374Bhaskaran KP v Kerala State Electricity Board Ltd. 2023 LiveLaw (Ker) 375State of Kerala & Ors. v. Moushmi Ann Jacob 2023 LiveLaw (Ker) 376Judgments/Orders This WeekKerala High Court Orders CBI Probe Into Alleged Embezzlement Of ₹12.5 Crore By PNB's Former Senior ManagerCase Title: Punjab National Bank & Anr. v. Central Bureau of Investigation & Ors. Citation: 2023 LiveLaw (Ker) 361The Kerala High Court has directed the Central Bureau of Investigation (CBI) to take over the investigation of a case involving Punjab National Bank's former senior Manager, accused of cheating and defrauding the Bank of an amount of more than twelve and a half crore rupees. The present case was registered at the instance of the current Senior Manager of the Bank alleging the commission of offences under Sections 409 ('Criminal breach of trust by public servant, or by banker, merchant or agent') and 420 ('Cheating and dishonestly inducing delivery of property') of IPC against the former official.Justice Bechu Kurian Thomas relied upon Clause 6.1 of the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions, 2016, while issuing the above direction.Multiplier Method For Compensation Not Restricted To Motor Accident Deaths, Also Applicable To Serious Injuries: Kerala High CourtCase Title: The Oriental Insurance Company Ltd v. Abdul Khader Citation: 2023 LiveLaw (Ker) 362The Kerala High Court recently held that while computing compensation in motor accident cases, the multiplier method proposed by the Supreme Court in Sarla Verma v. Delhi Transport Corporation remains applicable even if the accident resulted in serious injuries instead of death. Justice C. Jayachandran clarified that the purpose of adopting the multiplier method was to achieve uniformity and consistency in compensation assessments, regardless of the nature of the injury."The very purpose of adopting the multiplier method in Sarla Verma (supra) is to do away with the considerable variation and inconsistency in assessing compensation and also to bring uniformity and consistency....the Honourable Supreme Court (has) opined that following the multiplier method will subserve the cause of justice, avoiding unnecessary contentions before the Tribunals and Courts. If this be the logic for adopting the multiplier method, can any change in the legal position be conceded for the reason that the result of the accident is an injury - especially in cases of serious injuries - instead of a death? The answer to the above question is surely negative, in the estimation of this Court, having regard to the logic and purpose behind adopting the multiplier method."Monson Mavunkal Case: Kerala High Court Allows Anticipatory Bail Plea Filed By Congress MP K.Sudhakaran, Ex-DIG S. SurendranCase Title: S. Surendran v. State of Kerala and K. Sudhakaran v. State of Kerala Citation: 2023 LiveLaw (Ker) 363The Kerala High Court allowed the anticipatory bail applications filed by former DIG S Surendran and MP, President of Kerala Pradesh Congress Committee K. Sudhakaran, in the case pertaining to their alleged involvement in the cheating case involving controversial antique dealer Monson Mavunkal. The Single Judge Bench of Justice Ziyad Rahman A.A. made its interim order granting them anticipatory bail absolute.CMDRF Misappropriation: Kerala High Court Refuses To Interfere With Lokayukta's Decision Referring Complaint Against CM, Others To Full BenchCase Title: R.S. Sasikumar v. State of Kerala Citation: 2023 LiveLaw (Ker) 364The Kerala High Court dismissed the plea against order of the Lok Ayukta referring the case against Chief Minister Pinarayi Vijayan and the former Ministers for alleged misuse of Chief Minister Disaster Relief Fund (CMDRF), to a Full Bench comprising the Lok Ayukta and both the Upa-Lok Ayuktas. The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun observed that considering that a difference of opinion had arisen between the Lok Ayuktha and Upa...

Kerala High Court Weekly Round-Up: July 31 - August 06

Navya Benny

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