Kerala High Court Weekly Round-Up: March 18- March 24, 2024

Nominal Index [Citations: 2024LiveLaw (Ker) 183-200]Sudha V Mohan v The Authorized Officer, 2024 LiveLaw (Ker) 184Jomet and ors. v. State of Kerala and anr., 2024 LiveLaw (Ker) 185 Dr. Laxmy Rajmohan and ors. v. State of Kerala and ors., 2024 LiveLaw (Ker) 186Anilkumar V State Of Kerala, 2024 LiveLaw (Ker) 187N Prakash v P Jayarajan and Anr., 2024 LiveLaw (Ker) 188 Gware Margret Sebina v Union Of India, 2024 LiveLaw (Ker) 189XXX v Union of India, 2024 LiveLaw (Ker) 190The Principal & Others v Dr. Ruwise E A & Others, 2024 LiveLaw (Ker) 191MD. Kamirul Islam v CBI, 2024 LiveLaw (Ker) 192Vineeth V V v Kerala State Electricity Board Ltd., 2024 LiveLaw (Ker) 193Case Title: Muhammed C K Versus Assistant Commissioner Of Income Tax, 2024 LiveLaw (Ker) 194 Rajachandrasekharan @ Babu v. State of Kerala, 2024 LiveLaw (Ker) 195 Dr. Radhika Kapahtia v State of Kerala, 2024 LiveLaw (Ker) 196Rajesh v. Sub-Divisional Magistrate, Fort Kochi and ors, 2024 LiveLaw (Ker) 197PG Manu v. State of Kerala, 2024 LiveLaw (Ker) 198Renjith Kumar V K v State Of Kerala, 2024 LiveLaw (Ker) 199 YYY v State of Kerala, 2024 LiveLaw (Ker) 200Judgment/Orders This Week No Break In Service Merely Because Initial Appointment Was Made Against Leave Vacancy Followed By Appointment To Regular Vacancy: Kerala High CourtCase title: The Manager v State of Kerala & Connected CaseCitation: 2024 LiveLaw (Ker) 183The Kerala High Court stated that there was no break in service merely because the initial appointment was made in leave vacancy followed by an appointment in regular vacancy. The dispute in the writ appeal was in connection with the appointment of a teacher (5th respondent) as headmistress in an aided school. Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen dismissed the appeal filed by the Manager of the school and other teachers who were appointed as headmistress stated that the 5th respondent was eligible to be appointed as headmistress since she served without any break for 12 years even though her initial appointment was made in a leave vacancy.[SARFAESI Act] Kerala High Court Takes Humanitarian Approach, Defers Recovery Proceedings Against Comatose Entrepreneur In Wife's PleaCase title: Sudha V Mohan v The Authorized OfficerCitation: 2024 LiveLaw (Ker) 184The Kerala High Court took a humanitarian approach by directing the bank officials to defer coercive proceedings against the petitioner's husband and his assets, who is now in a vegetative state.The court has also directed the Sub Divisional Magistrate/Revenue Divisional Officer to decide to grant limited guardianship under Section 14 of the Rights of Persons with Disabilities Act, 2016 to the petitioner-wife for disposing of her husband's property for clearing his liabilities.Justice N Nagaresh stated that a humanitarian approach has to be taken since the petitioner's husband is now in a comatose state under the care of his wife and children.Prima Facie Offence Not Attracted: Kerala High Court Grants Anticipatory Bail To Two Accused In Kerala University Arts Festival Bribery ScandalCase Title: Jomet and ors. v. State of Kerala and anr.Case Citation: 2024 LiveLaw (Ker) 185The Kerala High Court recently allowed the anticipatory bail application of the two accused in the cheating scandal at the Kerala University Arts Festival, stating that prima facie the offences alleged are not attracted against them. “On an appreciation of the facts, the rival submissions made across the Bar, the materials placed on record and the findings rendered above, this Court is prima facie of the opinion that the offence attributed against the petitioners may not be attracted. Furthermore, I find that the petitioners' custodial interrogation is unnecessary,” observed Justice CS Dias while allowing the bail application.Kerala High Court Dismisses Plea Challenging Amendment Mandating Gynaecologists As Sole Specialists To Conduct Medical Examination Of Sexual Assault SurvivorsCase Title: Dr. Laxmy Rajmohan and ors. v. State of Kerala and ors.Case Citation: 2024 LiveLaw (Ker) 186The Kerala High Court has dismissed the petition challenging clause 6 of the Kerala Medico-Legal Protocol for Examination of Survivors of Sexual Offences 2019 which mandates that gynaecologists be the sole specialists to conduct medical examination of survivors of sexual offence. The court accepted the respondent's arguments and noted that the amendment applies to only one category of sexual assault survivors which is woman/child survivors of vaginal penetrative sexual assault."In the case of a woman or a girl, they're trying to give the best possible care" remarked Justice Devan Ramachandran orally.No Offence Of Criminal Trespass Is Attracted When Accused Enters Property Which Is In His Joint Possession: Kerala High CourtCase title: Anilkumar V State Of KeralaCitation: 2024 LiveLaw (Ker) 187The Kerala High Court stated that a person cannot be convicted for an offence of house trespass if the 'property in question' was under his...

Kerala High Court Weekly Round-Up: March 18- March 24, 2024

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