Kerala High Court Weekly Round-Up: November 11-November 17, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 708-726]Yasar Arafath v State of Kerala, 2024 LiveLaw (Ker) 708Suseelan v State of Kerala & Another, 2024 LiveLaw (Ker) 709Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 710K Sukumaran v Kerala State Waqf Board, 2024 LiveLaw (Ker) 711Amjith v State of Kerala, 2024 LiveLaw (Ker) 712Union Territory of Lakshadweep and Othes v Salimkoya K,. and Another, 2024 LiveLaw (Ker) 713xxx v xxx , 2024 LiveLaw (Ker) 714Sabeer A v State of Kerala, 2024 LiveLaw (Ker) 715Niyas v Mohana, 2024 LiveLaw (Ker) 716Hindustan Coca Cola Beverages (P) Ltd. and Another v The Controller of Legal Metrology and Others, 2024 LiveLaw (Ker) 717In Re Captive Elephants v Union of India, 2024 LiveLaw (Ker) 718Shani v Muhammed Kunji, 2024 LiveLaw (Ker) 719Vinod Valiyatoor v XXX and Others, 2024 LiveLaw (Ker) 720Anup V H & Ors. v Pramod A D & Ors. and Connected Case, 2024 LiveLaw (Ker) 721X v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 722Charuvila Philipose Sundaran Pillai and Another v P. N. Sivadasan and Others, 2024 LiveLaw (Ker) 723K. T. Mujeeb v State of Kerala and Others, 2024 LiveLaw (Ker) 724Kings Infra Ventures Ltd. v. The Assistant Commissioner of Income Tax, 2024 LiveLaw (Ker) 725Manjoo and Company v. The Assistant Commissioner of Income Tax Central Circle, 2024 LiveLaw (Ker) 726Judgments/OrdersNeed To Invoke Kerala Anti-Social Activities Act Must Be Assessed If Proceedings For Peace Keeping U/S 107 CrPC Already Initiated: High CourtCase Title: Yasar Arafath v State of KeralaCitation: 2024 LiveLaw (Ker) 708The Kerala High Court has held that when proceedings under Section 107 of the CrPC have already been initiated against an individual, the competent authority must assess whether it was necessary to initiate proceedings under the Kerala Anti-Social Activities (Prevention) Act, 2007 as well to preventively detain or extern the individual.Section 107 of CrPC is initiated for taking security for keeping peace and public tranquillity.The Division Bench of Justice Raja Vijayaraghavan V and Justice Jobin Sebastian observed that if authorities are convinced that proceedings under the KAAPA Act also have to be initiated against an individual to prevent him from engaging in anti-social activities, then they may initiate such actions, even if proceedings have already been taken under Section 107 CrPC.Over Speed & High Speed Are Relative Terms, Driving At High Speed By Itself Doesn't Mean Accused Was Rash Or Negligent: Kerala High CourtCase Title: Suseelan v State of Kerala & AnotherCitation: 2024 LiveLaw (Ker) 709The Kerala High Court upheld the conviction imposed upon an accused under Section 304 Part II of the IPC for causing the death of a motor bike rider by driving his car on the wrong side of the road after consuming alcohol beyond the permissible limit.Section 304 defines culpable homicide not amounting to murder. A person is convicted under Section 304 Part II of the IPC when he does an act with the 'knowledge' that such an act is likely to cause death.Justice C S Sudha observed that the accused was not speeding his car but he drove the car after consuming alcohol beyond the permissible limit. It observed that the accused was unable to manage or control the car and drove on the wrong side of the car with the presumption of knowledge that if he hit pedestrians or people travelling in vehicles, death would be caused.Dolly Workers With Police Verification Certificate, Health Cards To Carry Pilgrims To Sabarimala: Kerala High Court Issues DirectionsCase Title: Suo Moto v State of KeralaCitation: 2024 LiveLaw (Ker) 710The Kerala High Court has recently issued directions to ensure the fitness of 'dollies' (cane chairs) that are used to carry devotees at Sabarimala.The court said that the Travancore Devaswom Board shall ensure the fitness of the dollies used for carrying pilgrims through the trekking path before the commencement of each Maasapooja and Mandala-Makaravilakku festival season.For context, a dolly is a reclining bamboo cane chair used for carrying pilgrims who are unable to walk the trekking path from Pamba to Sannidhanam. Four workers carry the dolly, which is tied to the poles using plastic and coir ropes.A division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar passed the order based on the report of the Sabarimala Special Commissioner about a 59-year-old devotee falling from the dolly and sustaining injuries.No Prosecution For Possessing Waqf Property Without Sanction From Waqf Board If Possession Was Before Insertion Of S.52A Waqf Act: Kerala HCCase Title: K Sukumaran v Kerala State Waqf BoardCitation: 2024 LiveLaw (Ker) 711The Kerala High Court held that there cannot be a prosecution under Section 52A of the Waqf Act for taking possession of Waqf property without prior sanction of the Waqf Board if there was prior possession of the property, that is before the insertion of Section 52A in 2013.Section 52A of the Waqf Act provides rigorous imprisonment up ...

Kerala High Court Weekly Round-Up: November 11-November 17, 2024

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