Kerala High Court Weekly Round-Up: June 10 - June 16, 2024

Citations: 2024 LiveLaw (Ker) 342 – 361Nominal IndexBindulal V. S. & Others v State of Kerala and Others, 2024 LiveLaw (Ker) 342xxx v Director General of Police , 2024 LiveLaw (Ker) 343The Assistant Commissioner v Anis Mohammed Hussain, 2024 LiveLaw (Ker) 344Althaf J. Muhammed v The District Police Chief and Others, 2024 LiveLaw (Ker) 345Sathyabhama v State of Kerala, 2024 LiveLaw (Ker) 346Limjith K J v Union of India, 2024 LiveLaw (Ker) 347xxx v Superintendent of Police, CBI, 2023 LiveLaw (Ker) 348Jomon Sebastian & Ors vs. Assistant Labour Officer & Ors, 2024 LiveLaw (Ker) 349Snigdha Sreenath (Minor) v Travancore Devaswom Board, 2024 LiveLaw (Ker) 350Aswathy K. P. @ Aswathy v State of Kerala, 2024 LiveLaw (Ker) 351Athul v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 352N. Ansari v State of Kerala, 2024 LiveLaw Ker 353K K Joshwa v State of Kerala, 2024 LiveLaw (Ker) 354Elsy Abraham v State of Kerala and Others, 2024 LiveLaw Ker 355Travancore Rural Development Producer Company Ltd. Vs Divya Lakshmi Sanal And Ors, 2024 Live Law Ker 356XXX v Union Of India, 2024 LiveLaw (Ker) 357Darvin Dominic v State Of Kerala, 2024 LiveLaw (Ker) 358Shilpa v K K Rajeevan, 2024 LiveLaw (Ker) 359Joji Joseph v State of Kerala & Connected Matters, 2024 LiveLaw (Ker) 360Raju K. J. v Deepak T. V. and Others, 2024 LiveLaw (Ker)361Judgments/Orders This WeekS.17A Prevention Of Corruption Act | Lack Of Sanction Not Bar When Constitutional Court Orders Enquiry Against Public Servant: Kerala High CourtCase Title: Bindulal V. S. & Others v State of Kerala and OthersCitation: 2024 LiveLaw (Ker) 342The Kerala High Court has reiterated that when a Constitutional Court passes an order to conduct enquiry or investigation into an offence under the Prevention of Corruption Act, Section 17A of the Act does not operate as a bar.The Court observed that prior approval under Section 17A is only required when the alleged offence is relatable to any recommendation made or decision taken by a public servant in discharge of his public duty. It referred to Shankara Bhat and Others v State of Kerala and Others which held that any offence, acts which on the face of it constitutes an offence or demand of illegal consideration cannot be treated as offence related to any recommendation made or decision taken by a public servant. The Court held that it cannot hold that the allegations are related to any recommendations made or decision taken by a public servant.Right Of Choice: Kerala High Court Refuses To Put "Fetters" On Adult Woman's Decision To Live Separately From ParentsCase Title: xxx v Director General of Police Citation: 2024 LiveLaw (Ker) 343The Kerala High Court has held that it has to recognize the right of 'choice' of an adult woman and no fetters can be placed on her decision to live her life in the manner she desires. It stated that the court or family members cannot substitute their opinions and preferences for those of an adult.The father of the woman in this case had filed a habeas corpus petition for her release from alleged unauthorized custody of the 5th and 6th respondent women.As such, the Court stated that no restrictions could be imposed upon the daughter regarding her choice or the place where she should stay.S.77 Customs Act Mandates Declaration Of Contents Of Not Just Baggage, But Also Posts And Couriers: Kerala High CourtCase Title: The Assistant Commissioner v Anis Mohammed HussainCitation: 2024 LiveLaw (Ker) 344The Kerala High Court has held that Section 77 of the Customs Act, which obliges every owner of a baggage to make a declaration of its contents to the customs officer for the purpose of clearing it, deals with the declaration of contents of not just baggage but also posts and couriers.The Court stated that the respondents did not mention in the pass that the article they brought was Dexamethasone. It stated that Dexamethasone is a dutiable item as per the Customs Tariff Act of 1975. Thus, the Court held that respondents would have complied with Section 77 of the Customs Act if they had informed customs officer that they carried Dexamethasone.Parental Love Or Concern Can't Fluster An Adult's Right To Choose The Person She Wants To Marry: Kerala High CourtCase Title: Althaf J. Muhammed v The District Police Chief and OthersCitation: 2024 LiveLaw (Ker) 345“Parental love or concern cannot be allowed to fluster the right of choice of an adult in choosing a man to whom she gets married,” the Kerala High Court has observed.The Division Bench comprising Justice Vijayaraghavan V. and Justice P. M. Manoj made the observation while deciding a habeas corpus petition filed by the woman's partner.The Court referred to Supreme Court judgment, Shafin Jahan v Asokan K. M. and observed that the role of the Court is to see that the detenu is produced before it, find about his/her independent choice and see to it that the person is released from illegal restraint. The choice of an individual should be conferred with the status that...

Kerala High Court Weekly Round-Up: June 10 - June 16, 2024

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