Kerala High Court Weekly Round-Up: May 27 – June 02, 2024

Citations: 2024 LiveLaw (Ker) 305 To 2024 Livelaw (Ker) 325Nominal Index Musthafa & Others v State of Kerala & Others, 2024 LiveLaw Ker 305Dr Rema M v The Director Of Collegiate Education And Others & Connected Matter, 2024 LiveLaw Ker 306Sobhin Sunny v State of Kerala, 2024 LiveLaw Ker 307Bharat Raj Meena v Central Bureau of Investigation, 2024 LiveLaw Ker 308Abu @Abdulla v State of Kerala, 2024 LiveLaw Ker 309Dr Haritha H S v The State Police Chief, Joseph Chacko v State of Kerala, 2024 LiveLaw Ker 310P. A. Jose Versus UOI, 2024 LiveLaw Ker 311Hotel Allied Trades Pvt. Ltd Versus The Additional Commissioner Of Income-Tax, 2024 LiveLaw Ker 312Lekha Komath V Harikrishnan Gopikarnakar, 2024 LiveLaw Ker 313Chandra Mouli v State of Kerala, 2024 LiveLaw Ker 314T Jacob Armory v State of Kerala, 2024 LiveLaw Ker 315Social Justice Vigilance Forum v State of Kerala, 2024 LiveLaw Ker 316The Plantation Corporation Of Kerala Limited v State of Kerala ,2024 LiveLaw Ker 317Abdul Jabbar v State of Kerala, 2024 LiveLaw Ker 318Pradeep @ Kannan v State of Kerala, Babu and Another v State of Kerala, 2024 LiveLaw Ker 319Shyamala Bhasker v State of Kerala, 2024 LiveLaw Ker 320Ajitha V. S. v The Deputy Director, 2024 LiveLaw Ker 321Akash S D v State of Kerala & Connected Cases, 2024 LiveLaw Ker 322A. Sivalingappa Gowder @ Sivaraj Gowder and Others v M. A. Anidas and Another, 2024 LiveLaw Ker 323Union of India and Others v Sunny Joseph, 2024 LiveLaw Ker 324C. Girishdas v Government of Kerala and Others, 2024 LiveLaw Ker 325Judgments/Orders This WeekTrees Can't Be Cut Merely Because They Obstruct Commercial Activities Or Shade Nearby Building: Kerala High CourtCase Title: Musthafa & Others v State of Kerala & OthersCitation: 2024 LiveLaw Ker 305Kerala High Court ordered that State of Kerala should not permit any request to cut and remove trees on the roadsides without sufficient reasons. The Court directed the State to issue necessary orders to see that no trees on the roadsides of the State are cut and removed merely for the reason that it obstructs commercial activities or shade adjacent building. Trees can be cut only if it is in a damaged condition and it's dangerous to life of people. This should be decided by the committee constituted by an earlier government order, Court said.Kerala High Court Quashes Disciplinary Proceedings Against Fmr Kasargod College Principal, Cites Extraneous One-Sided Inquiry & Indiscipline Of SFI StudentsCase title: Dr Rema M v The Director Of Collegiate Education And Others & Connected MatterCitation: 2024 LiveLaw Ker 306The Kerala High Court quashed the disciplinary proceedings initiated against Dr. Rema, the former Principal in charge of Government College, Kasargod against whom proceedings were initiated for allegedly misbehaving with students belonging to SFI Union.A disciplinary inquiry was initiated against the petitioner alleging that she spoke about the immoral conduct of girls, drug use amongst students and illegal activities of students belonging to SFI Union in an interview given to Marunadan Malayali Channel. She received show cause notice from the Director of Collegiate Education alleging that her statements during the channel interview lowered the dignity and reputation of the college. The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen observed the petitioner has not violated Government Servants' Conduct Rules because no allegations were made against the government nor about the relationship between government and people in the interview.Violation Of Bail Conditions Akin To Abusing Liberty Granted By Court: Kerala High Court Upholds Order Cancelling BailCase Title: Sobhin Sunny v State of KeralaCitation: 2024 LiveLaw Ker 307The Kerala High Court held that violation of bail condition by the accused was akin to misusing the liberty bestowed upon him by the court and was a ground for cancellation of the bail.Referring to Apex Court decisions, Justice A. Badharudeen held that the Court granting bail after imposing conditions has the power to cancel the bail order if any of those bail conditions are violated.One Accomplice Cannot Corroborate Another: Kerala High CourtCitation: 2024 LiveLaw Ker 308Case Title: Bharat Raj Meena v Central Bureau of InvestigationThe Kerala High Court has held that the court as a matter of practice requires corroboration in material particulars for conviction of an accused on the testimony of an accomplice. The nature and extent of the corroboration required will vary with the circumstances of each case and particular circumstances of the offence alleged in each case.The Court also deliberated on the requirement of sanction under Section 19(1) of Prevention of Corruption Act to take cognizance of an offence punishable under Section 7, 10, 11, 13 and 15.The grant of sanction is not a mere formality but a solemn act which affords protection to the government servant against frivolous prosecution. All the relevant records and...

Kerala High Court Weekly Round-Up: May 27 – June 02, 2024

Manju Elsa Isac

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