Kerala High Court Weekly Round-Up: May 01 To May 07

Nominal Index [Citation: 2023 LiveLaw (Ker) 209-213]M/S De-Fab V Priya Varma 2023 LiveLaw (Ker) 209P.T. Sheejish v. Union of India & Ors. 2023 LiveLaw (Ker) 210State of Kerala v. Sanith Jan and State of Kerala v. Arun 2023 LiveLaw (Ker) 211St. Mary's Orthodox Church & Anr. v. State of Kerala & Ors. and other connected matters 2023 LiveLaw (Ker) 212Kerala Public Service Commission v. State Disability Commissioner & Ors. 2023 LiveLaw (Ker) 213Judgments/Order This WeekSection 220 CrPC | Trial Court Has Discretion To Decide Whether Or Not To Order Joint Trial: Kerala High CourtCase Title: M/S De-Fab V Priya Varma Citation: 2023 LiveLaw (Ker) 209The Kerala High Court recently held that it is not obligatory for the court to conduct a joint trial under Section 220 of the CrPC as it is the discretion of the court to allow a joint trial or not. A single bench of Justice V G Arun was considering a matter pertaining to certain disputes that arose between partners of a firm. The Court had referred the parties to mediation and the matter was settled on the term that one of the partners (2nd Petitioner) would pay Rs. 2 Crores to the Respondent as full and final settlement in 32 instalments.Railway Stops Not To Be Provided On Personal Demands Or Vested Interests For High Speed Express Trains Like 'Vande Bharat': Kerala High CourtCase Title: P.T. Sheejish v. Union of India & Ors. Citation: 2023 LiveLaw (Ker) 210The Kerala High Court dismissed a plea by a lawyer seeking a direction to be issued to the Southern Railways for permitting a stop for the 'Vande Bharat Train Service' at Tirur Railway Station at Malappuram District. It was alleged by the petitioner that despite Malappuram being a densely populated area, with a large number of people depending on train services for travel, a stop had not been allotted for the district. It was also averred that an earlier proposal to allot a stop at Tirur did not fructify, without any specific reason.Dismissing the plea which alleged that the failure to allot a stop at Tirur Railway Station was an injustice to the people of Malappuram District, the Division Bench comprising Justice Bechu Kurian Thomas and Justice C. Jayachandran observed that there was no public interest espoused in the present writ petition. 'Bond' Not Sufficient Security For Releasing Accident Vehicle Not Having Third Party Insurance: Kerala High Court Explains Motor Vehicle RulesCase Title: State of Kerala v. Sanith Jan and State of Kerala v. Arun Citation: 2023 LiveLaw (Ker) 211The Kerala High Court recently elaborated upon the nature of security contemplated under Rule 391A of the Kerala Motor Vehicle Rules, 1989 (hereinafter 'Rules, 1989') for the purposes of releasing a vehicle involved in an accident if it was not covered by a valid policy of insurance against third party risks at the time of the accident. Justice Bechu Kurian Thomas held that,"the word 'sufficient security' in Rule 391A of the Rules means a security from which the amount, when awarded, can easily be recovered, that too without any further litigation".Elaborating on the same further, the single Judge added, "Ideally, a cash deposit or a bank guarantee or fixed deposit receipts or other modes of security from which the amount when awarded, can easily be recovered, should be the nature of security to be furnished under Rule 391A. Executing a bond for the amount directed cannot, in the circumstances, be treated as sufficient security".Church Feud: Kerala High Court Grants Police Protection To Orthodox Vicars Against Jacobite Faction, For Performing Rites In Six ChurchesCase Title: St. Mary's Orthodox Church & Anr. v. State of Kerala & Ors. and other connected matters Citation: 2023 LiveLaw (Ker) 212The Kerala High Court has ordered adequate protection for vicars and parishioners of the Orthodox faction in a batch of petitions filed by them over hindrance caused by the Jacobite faction and their agents in the various kurisupallies under the respective Churches in performing the religious rites. The Court was considering petitions filed by the Vicar and Parishioners of different Orthodox Churches - namely, the St. Thomas Orthodox Syrian Church, Mazhuvanoor; the St.Mary's Orthodox Syrian Church, Odakkali; the St. Mary's Orthodox Syrian Church, Poothrikka; the St. John’s Besphage Orthodox Church, Pulinthanam; St. Thomas Bethel Orthodox Church, Karikode; and the St. Mary's Orthodox Syrian Church, Attinkunnu, Kakkoor. It has passed separate orders in all the petitions.State Disability Commissioner Cannot Adjudicate Upon Service Matters Or Direct Appointment To Civil Services: Kerala High CourtCase Title: Kerala Public Service Commission v. State Disability Commissioner & Ors. Citation: 2023 LiveLaw (Ker) 213The Kerala High Court held that the State Commissioner for Persons with Disabilities cannot make an adjudication on a service matter or direct appointment of a person to civil services of the Central Government or the State Government. ...

Kerala High Court Weekly Round-Up: May 01 To May 07

Navya Benny

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