Kerala High Court Weekly Round-Up: December 2 - 8, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 766 – 781]C. Alavi v The State of Kerala and Another, 2024 LiveLaw (Ker) 766T. N. Mukundan v State of Kerala and Others, 2024 LiveLaw (Ker) 767Motorsigns India v State of Kerala & Connected Matters, 2024 LiveLaw (Ker) 768Nizar v State of Kerala , 2024 LiveLaw (Ker) 769Aravindakshan P. R. v Assistant Director, ED and Another, 2024 LiveLaw (Ker) 770M/S Inkel Ltd V The Federal Bank Limited, 2024 LiveLaw (Ker) 771Mrs. Ameera M V The Maintenance Tribunal, Kozhikode, 2024 LiveLaw (Ker) 772The Muppathadam Service Co-Operative Bank Ltd. V The State Chief Information Commissioner, 2024 LiveLaw (Ker) 773XXX v State of Kerala, 2024 LiveLaw (Ker) 774XXX v State of Kerala, 2024 LiveLaw (Ker) 775The Kerala Public Service Commission V Aboobacker Mattayi, 2024 LiveLaw (Ker) 776Ismail Valumathige v Union Territory of Lakshadweep and Another, 2024 LiveLaw (Ker) 777The Principal Commissioner of Income Tax Kochi v. M/s Dewa Projects Pvt. Ltd., 2024 LiveLaw (Ker) 778Braddock Infotech Private Limited v. Joint Director General Of Foreign Trade, 2024 LiveLaw (Ker) 779Ameen Akbarali. U V Kerala Veterinary And Animal Sciences University, 2024 LiveLaw (Ker) 780Aneesh K. Thankachan v Union of India, 2024 LiveLaw (Ker) 781Judgments/ Orders This Week'Torture' Not Part Of Police's Official Duty, No Sanction Required To Prosecute For Such Acts: Kerala High CourtCase Title: C. Alavi v The State of Kerala and AnotherCitation: 2024 LiveLaw (Ker) 766The Kerala High Court has held that a Magistrate Court can take cognizance in case of custodial torture by police office, without prior sanction of the State Government under Section 197(1) of CrPC. Justice K. Babu reasoned that a Police Officer torturing a man in a police station cannot be treated as part of official duty, thus not requiring sanction to prosecute.Kerala High Court Asks State To Transfer ₹1510 Crore Paddy Land Conversion Fee To Agricultural Promotion Fund In Next 12 MonthsCase Title: T. N. Mukundan v State of Kerala and OthersCitation: 2024 LiveLaw (Ker) 767The Kerala High Court has ordered the State to remit the entire amount it collected as application fee for conversion of paddy land since the enactment of Kerala Conservation of Paddy Land and Wetland Act, 2008 to the Agricultural Promotion Funds (APF) in the next 12 months.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu ordered for this entire amount is to be transferred to the Agricultural Promotion Funds.Kerala HC Quashes Notification To Set Up High-Security Number Plate Manufacturing Plants, Calls For Fair Tender ProcessCase Title: Motorsigns India v State of Kerala & Connected MattersCitation: 2024 LiveLaw (Ker) 768The Kerala High Court has quashed the notification issued by the state government dated July 30, 2024, permitting Regional Transport Officers in the State to set up plants for the production of high-security registration number plates (HSRP) and to obtain Technical Approval Certificates (TAC) for the implementation of the HSRP scheme.The government introduced the HSRP scheme, which provides standardised registration plates and chromium-based holograms to vehicles for enhanced security, facilitates their identification, and reduces motor vehicle-related offences.The single bench of Justice D K Singh also rejected the permission to license plate manufacturers and their dealers, who have a Type Approval Certificate from the central agency, to affix HSRP plates without further approval or selection by the State Government since that would affect the integrity and object behind implementation of the HSRP scheme.Modesty Of Woman Is Outraged When Action Of Offender Could Be Perceived As Being Capable Of Shocking Her Sense Of Decency: Kerala High CourtCase Title: Nizar v State of Kerala Citation: 2024 LiveLaw (Ker) 769The Kerala High Court has held that an offence of outraging the modesty of a woman under Section 354 of the IPC is attracted when the offender's action is such that it would be perceived as capable of shocking a woman's sense of decency.In this case, the President of the Parent Teachers Association (PTA) of an upper primary school was accused of using obscene language and outraging the modesty of the school headmistress. It was alleged that during the PTA meeting, he grabbed both of her hands and pulled her towards his body.Justice Muralee Krishna S. while quashing conviction under Section 354 of the IPC found that the revision petitioner might have acted in a heat of passion during the PTA meeting when he was being decided to be expelled out of the PTA.Kerala High Court Grants Bail To Former CPI (M) Municipal Councillor, Another In Alleged Karuvannur Bank 'Scam' CaseCase Title: Aravindakshan P. R. v Assistant Director, ED and AnotherCitation: 2024 LiveLaw (Ker) 770The Kerala High Court on Monday (December 2) granted bail to the former CPI(M) Municipal Councillor of Vadakkanchery Municipality Aravindakshan P. R. accused in the Karuvannur...

Kerala High Court Weekly Round-Up: December 2 - 8, 2024

Manju Elsa Isac

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