Kerala High Court Weekly Round-Up: September 04 - September 10, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 447-462]Vijay Philip v. Narcotic Control Bureau 2023 LiveLaw (Ker) 447Hindustan Organic Chemicals Ltd. V Lissiama James 2023 LiveLaw (Ker) 448Kerala State Horticultural Products Development Corporation Limited V Sunil Kumar S 2023 LiveLaw (Ker) 449Umesh v. State of Kerala 2023 LiveLaw (Ker) 450M/S Anantham Online Pvt. Ltd. v. Senior Divisional Commercial Manager, Southern Railway, Thiruvananthapuram 2023 LiveLaw (Ker) 451V V Jaya v. M P Rajeswaran Nair 2023 LiveLaw (Ker) 452Sandesh S V The Kerala Water Authority 2023 LiveLaw (Ker) 453Adv. Richard Rajesh Kumar V Union of India 2023 LiveLaw (Ker) 454K. Muraleedharan Nair & Anr. v. Union of India & Ors. 2023 LiveLaw (Ker) 455Radhakrishnan K. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 456Sanjeesh S.S. v. State of Kerala & Ors. and other connected cases 2023 LiveLaw (Ker) 457Nafeesath Beevi V The Chief Executive Officer Kerala State Wakf Board 2023 LiveLaw (Ker) 458Mohammed Moideen v. Maben Nidhi Ltd. 2023 LiveLaw (Ker) 459State of Kerala V P M Kunhappan 2023 LiveLaw (Ker) 460Sunil Kumar V State of Kerala 2023 LiveLaw (Ker) 461 Yeshwanth Shenoy v. The Chief Justice, High Court of Kerala & Ors 2023 LiveLaw (Ker) 462Judgments/Orders This WeekUse Of Technology For 'Secretive' Drug-Related Transactions Relevant Consideration While Deciding Bail Plea U/S 37 NDPS Act: Kerala High CourtCase Title: Vijay Philip v. Narcotic Control Bureau Citation: 2023 LiveLaw (Ker) 447The Kerala High Court has criticised the use of modern technology for carrying out 'secretive transactions' for obtaining contraband articles and has held that such actions constitute a relevant consideration while deciding applications for bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act ('NDPS Act'). Single Bench of Justice Ziyad Rahman A.A. noted that through the use of Apps such as Wickr App and Binance App, the petitioner-accused in this case sought to ensure that the transactions carried out by him remained untraced."The eagerness to maintain secrecy is something very crucial at this stage and relevant for considering the 'reasonable grounds' as contemplated under section 37 of the NDPS Act ('Offences to be cognizable and non-bailable'). The dependence of the petitioner upon the Apps that enabled him to have transactions without any trace and silence maintained by him as to the purposes of such transactions is one of the crucial circumstances," the Court observed while refusing bail.Award Under Workmen's Compensation Act Doesn't Preclude Reliefs Under Disabilities Act: Kerala High CourtCase title: Hindustan Organic Chemicals Ltd. V Lissiama James Citation: 2023 LiveLaw (Ker) 448The Kerala High Court recently upheld the order of the Central Administrative Tribunal granting relief to an employee who suffered serious burns during the course of his employment. The Court observed the Chief Commissioner under the PWD cannot finally adjudicate upon the right of the employee to claim compensation. The Court also stated that the employers cannot deny the benefits to an employee under the Persons with Disability Act, 1995 (PWD) stating that compensation has already been granted under the Workmen’s Compensation Act.A division bench comprising of Justice Alexander Thomas and Justice C. Jayachandran held thus: “That apart, the Workmen's Compensation Act provides compensation for injury caused by an accident arising out of or during the course of employment, whereas PWD Act affords protection of rights and full participation of persons with disabilities. Both occupies different fields and the remedy availed in one cannot preclude the remedy under the other enactment.”Daily Wage Workers Entitled To Claim Subsistence Allowance During Suspension: Kerala High CourtCase name: Kerala State Horticultural Products Development Corporation Limited V Sunil Kumar S Citation: 2023 LiveLaw (Ker) 449The Kerala High Court has held that under the Kerala Payment of Subsistence Allowance Act 1972, a daily wage employee is entitled to subsistence allowance during suspension. Justice Murali Purushothaman observed thus,“Section 2(a) does not exclude a daily wage employee for the purpose of payment of subsistence allowance...Accordingly, I hold that the 1st respondent, a daily wage driver, is an employee as defined under Section 2(a) of the Kerala Payment of Subsistence Allowance Act, 1972, and is entitled to subsistence allowance during suspension.”WhatsApp Chat Shows Sex Was Consensual, Woman Received 5K After Alleged Incident: Kerala High Court Grants Anticipatory Bail To Rape AccusedCase Title: Umesh v. State of Kerala Citation: 2023 LiveLaw (Ker) 450The Kerala High Court granted anticipatory bail to a 46-year old, who was accused of committing gang rape on a woman and transmitting her sexually explicit video online, on finding that the intercourse was consensual in nature, and an amount of Rs. 5,000/- was also paid to the woman after the alleged...

Kerala High Court Weekly Round-Up: September 04 - September 10, 2023

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