Kerala High Court Monthly Digest: January 2022

Judgments This Month1. Kerala High Court Upholds 10% EWS Reservation For Veterinary & Dental Courses Under KEAMCase Title: Vinay Shankar v. Union of India & Ors. Citation: 2022 LiveLaw (Ker) 1The Court upheld the 10% reservation earmarked for Economically Weaker Section (EWS) for Veterinary and Dental Courses under Kerala Engineering Architecture ad Medical (KEAM).Justice P.V. Kunhikrishnan closed the writ petition upon noticing that a Government Order dated 20.03.2020 had established the said reservation, and after the Government Pleader endorsed that it was a policy decision of the State. The Director of Medical Education also submitted an affidavit stating that as per the said Government Order, 10% of seats are set apart for candidates belonging to EWS.2. Section 138 NI Act - Cheque Bounce Case Can Be Closed If Convict Pays Fine Directly To Complainant: Kerala High CourtCase Title: Rajeswary vs State of KeralaCitation: 2022 LiveLaw (Ker) 2The Court observed that a convict in a cheque bounce case can pay the fine amount directly to the complainant. It is not necessary to deposit the fine amount in court. In this case, while disposing of the Criminal Revision Petition filed by the accused, the High Court had affirmed the conviction but modified the sentence of simple imprisonment as a sentence to pay fine of Rs.7,17,000/-. The accused was granted a period of six months to remit the amount of fine in the trial court.3. District Court Can Only Appoint Guardian For Minor's 'Property', Not 'Person'Case Title: K.S. Narayana Elayathu v. Sandhya Citation: 2022 LiveLaw (Ker) 3The Court ruled that while District Courts are empowered to appoint a guardian for a minor's property, only Family Court can appoint a guardian for the person of a minor.While partly allowing an appeal, a Division Bench comprising Justice A. Mohamed Mustaque and Justice Sophy Thomas set aside the proceedings of the District Court to the extent of appointing a guardian for the person of the minor.4. Sabarimala: Court Directs Devaswom Commissioner To Act Against Employees Who Skipped Special Duty During Pilgrimage SeasonCase Title: Suo Motu v. Travancore Devaswom BoardCitation: 2022 LiveLaw (Ker) 4The Court ordered the Devaswom Commissioner to institute disciplinary action against employees of the Travancore Devaswom Board who failed to report for special duty at Sabarimala, Pampa and Nilakkal. While issuing the directive, a Division Bench of Justice Anil K. Narendran and Justice P.G Ajithkumar recorded that it is the surplus income from the Sabarimala Temple that aids the functioning of over a thousand other temples under the Board.The Court also directed the Devaswom Commissioner to obtain the names and take action against the staff in the establishment wing and class-4 employees who failed to report for special duty, except on genuine medical grounds.5. Law Student's Suicide: Kerala High Court Denies Bail To Husband, Releases His ParentsCase Title: Mohammed Suhail & Ors v. State of Kerala & Anr Citation: 2022 LiveLaw (Ker) 5The Court refused bail to the accused husband of a 2nd year LLB student, Mofiya Parveen, who died by suicide citing domestic abuse and dowry harassment. However, his parents, who are co-accused in the case, were granted bail. During the proceedings, the de facto complainant (Mofiya's father) also brought to the fore that the accused husband was diagnosed with sexual perversion and personality disorders during a counselling session he had attended with the deceased. In her complaint, she had also mentioned her ordeals of having been forced to perform unnatural sexual acts by the accused husband.6. Reconstitution Of Board Of Studies At Kannur University Prima Facie Not In Accordance With Law: Kerala High CourtCase Title: Vijayakumar V. & Anr. v. Kannur University & Ors.Citation: 2022 LiveLaw (Ker) 6The Court observed that it is prima facie of the view that the notification issued by the Registrar in charge appointing a new board of studies at the Kannur University was not in consonance with the statutory provisions. A Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly also issued notice to the Registrar and Board Members on the appeal filed against a Single Bench's order. The Single Judge had dismissed their writ petition challenging the reconstitution of the board of studies.7. Satisfaction Of Court Cannot Be Substituted By Expert Opinion: Kerala HC Acquits Murder Accused Citing Lack Of Reliable EvidenceCase Title: Biju Kumar v. State of Kerala Citation: 2022 LiveLaw (Ker) 7While acquitting a man accused of murder on the ground of negligent evidence collection, the Court ruled that the satisfaction of the Court cannot be substituted by expert opinion. In the criminal appeal, the preliminary question before the Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran was whether there was sufficient material before the trial court to find the accused guilty.It was noted that the...

Kerala High Court Monthly Digest: January 2022

Hannah M Varghese

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