Kerala High Court Weekly Round-Up: January 23 To 29 January, 2023

Nominal Index [Citation: 2023 LiveLaw(Ker) 39-47]Fasaludheen A. & Anr. v. State of Kerala & Anr. and other connected matters 2023 LiveLaw (Ker) 39Firozalavi T.V. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 40Kerala State United Nurses Association v. State of Kerala 2023 LiveLaw (Ker) 41Sayed Mohammed Noorul Ameer and Ors. v. U.T. Administration of Lakshadweep 2023 LiveLaw(Ker) 42Jeby James v. State of Kerala 2023 LiveLaw (Ker) 43 RB. v. AB. 2023 LiveLaw (Ker) 44Clint Johnson v. State of Kerala & Anr.2023 LiveLaw (Ker) 45Gireesh Kumar N v. Rajani K V and Anr. 2023 LiveLaw (Ker) 46Babu T. v. Byju Sebastian and Ors. 2023 LiveLaw(Ker) 47Orders/Judgments This WeekSection 113 (3) Motor Vehicles Act | Owners Also Liable When Vehicle Driven With Excess Weight: Kerala High CourtCase Title: Fasaludheen A. & Anr. v. State of Kerala & Anr. and other connected mattersCitation: 2023 LiveLaw (Ker) 39The Kerala High Court observed that owners of the vehicles are also liable to be prosecuted under Section 113(3) of the Motor Vehicles Act, 1988 in case they have permitted the vehicle to be driven with excess weight.Hearing a batch of petitions challenging the proceedings initiated under Sections 113(3)(b) r/w. Section 194(1) of the Motor Vehicles Act, the court said the complaints raise specific allegations against the registered owners of the vehicles that they had permitted the vehicle to be driven with excess weight.Justice Ziyad Rahman A.A. took note of the 'presumption' stipulated under Section 113(4) that when the driver or person in charge of the vehicle being driven in contravention to the stipulations of the provision is not the owner, the Court may "presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer".NDPS Act | Vehicle Piloting Another Vehicle Carrying Contraband Is Not Vehicle Used As Conveyance; Cannot Be Confiscated: Kerala High CourtCase Title: Firozalavi T.V. v. State of Kerala & Ors.Citation: 2023 LiveLaw (Ker) 40The Kerala High Court considered the question as to whether a vehicle piloting or accompanying another vehicle, which is transporting Narcotic Drug and Psychotropic Substances could be held as vehicle used as conveyance in carrying the contraband so as to confiscate the same under Section 52-A of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), and answered the same in the negative.The Single Judge Bench of Justice A. Badharudeen observed that to hold that the vehicle accompanying or piloting another vehicle carrying the contraband, also as a vehicle carrying the contraband, and to treat the same also as conveyance is beyond the statutory intent of Section 60(3) of NDPS Act.Kerala High Court Directs State To Revise Minimum Wages Of Nurses In Private SectorCase Title: Kerala State United Nurses Association v. State of KeralaCitation: 2023 LiveLaw (Ker) 41The Kerala High Court has directed the State government to revise the minimum wage of nurses working in the private sector in the State.The Single Judge Bench of Justice Amit Rawal has directed that the said exercise ought to be undertaken within a period of 3 months. The Court has added that the said decision has to be taken after hearing the submissions of the hospital Management and the nurses.Kerala High Court Suspends Conviction Of Lakshadweep MP Mohammed Faizal In Attempt To Murder CaseCase Title: Sayed Mohammed Noorul Ameer and Ors. v. U.T. Administration of LakshadweepCitation: 2023 LiveLaw(Ker) 42The Kerala High Court on Wednesday suspended the conviction and sentence of Lakshadweep MP Mohammed Faizal and three others in a case of attempt to murder.Lakshadweep MP Mohammed Faizal had moved an appeal challenging the decision of the Court of Session, Kavaratti to convict and sentence him and three others to 10 years in jail in a case of attempt to murder.Indulging In Similar/Other Criminal Activities Reason For Bail Cancellation When Such Condition Imposed In Bail Order: Kerala HC ReiteratesCase Title: Jeby James v. State of KeralaCitation: 2023 LiveLaw (Ker) 43The Kerala High Court reiterated that indulging in similar or other criminal activities would be a reason for cancellation of the bail, particularly, when there is such a condition imposed in the initial bail order.The Single Judge Bench of Justice A. Badharudeen, while dismissing a petition seeking the bail cancellation order passed by the court below to be set aside, observed,"Since the law is settled that indulging in similar or other criminal activities is a reason for cancellation of the bail, particularly, when a condition imposed in the initial bail order is to that effect, involvement of the accused in a similar offence by itself is a reason to cancel the bail granted, cancellation of bail on the said finding is to be justified".Can't Browbeat Judges To Get Things Done Your Way: Kerala High Court To Woman On Allegations Of Bias Against Family Court In Divorce CaseCase Title: RB. v....

Kerala High Court Weekly Round-Up: January 23 To 29 January, 2023

Athira Prasad

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