Kerala High Court Weekly Round-Up: April 3 To April 9

Nominal Index [Citation: 2023 LiveLaw (Ker) 168-177]Sukumaran v. R.C. Ibrahim & Ors., 2023 LiveLaw (Ker) 168Suni @ Sunil V State of Kerala, 2023 LiveLaw (Ker) 169Priyesh B Kartha V. The Deputy Superintendent Of Police, 2023 LiveLaw (Ker) 170Dr. P K Asokan V State of Kerala, 2023 LiveLaw (Ker) 171Asif Azad v. Union of India & Ors.,2023 LiveLaw (Ker) 172All India Digital Cable Federation & Anr. v. Telecom Regulatory Authority of India & Anr., 2023 LiveLaw (Ker) 173Noushad A. v. State of Kerala & Ors. and Nazeer A. v. State of Kerala & Ors., 2023 LiveLaw (Ker) 174Anand Mahadevan V State Of Kerala, 2023 LiveLaw (Ker) 175State of Kerala V Shefy Joseph, 2023 (Ker) LiveLaw 176In Re Bruno v. Union of India & Ors., 2023 (Ker) LiveLaw 177Judgments/OrderS.163A MV Act | Accident Can Be Said To Have Arisen 'Out Of Use Of Vehicle' That Was Stationary: Kerala High CourtCase Title: Sukumaran v. R.C. Ibrahim & Ors.Citation: 2023 LiveLaw (Ker) 168The Kerala High Court recently held that an accident could be said to have arisen 'out of the use of' a vehicle that had been stationary at the relevant time, in order to prove a claim under Section 163A of the Motor Vehicles Act, 1988 (hereinafter, 'MV Act, 1988').Although the Single Judge Bench of Justice Sophy Thomas dismissed the appeal against the order of the Motor Accidents Claims Tribunal, Irinjalakuda, finding that the appellant does not fall within the ambit of the low income group under Section 163A of the MV Act with maximum annual income up to Rs.40,000/- , the Court relied upon precedents to observe that under the said provision, the appellant would not have to plead or establish any wrongful act or negligence or default of the owner of the vehicle or any other person.Cognizance Taken By Police For Offence U/S 195A IPC Bad In Law, Only Court Can Consider Matters Relating To False Evidence: Kerala High CourtCase Title: Suni @ Sunil V State of KeralaCitation: 2023 LiveLaw (Ker) 169The Kerala High Court held that the police is not competent to register an offence under Section 195A (threatening any person to give false evidence) of the Indian Penal Code and that only a court is competent to consider an offence in relation to false evidence.A single bench of Justice A. Badharudeen observed that“When the threat dealt in Section 195 of IPC is giving false evidence, that is a matter to be considered by the court and in view of the matter, it has to be held that a police officer cannot register a crime in relation to an offence under Section 195 A of IPC and for which procedure under Section 195 read with 340 of Cr.P.C. should have been followed.”Can’t Use Municipality-Owned Shopping Complex’s Parking Space For Dharna Or Public Meeting Without Official Permission: Kerala High CourtCase Title: Priyesh B Kartha V. The Deputy Superintendent Of PoliceCitation: 2023 LiveLaw (Ker) 170The Kerala High Court recently held that the open space designated for parking vehicles of customers and shop licensees in front of a shopping complex, even when it is owned by the municipality, could not be considered a public space for the purpose of freely conducting public gatherings, without the permission of the municipality.A single bench of Justice N Nagaresh observed:“Though every citizen has a right to access to the Shops in the building, the open space is intended for parking of the vehicles of the customers only. Therefore, such spaces can have a status of semi-public space only. No organisation or group of citizens can claim a right to organise Dharna or public meeting in such places, without the permission of the Municipality.”Casual Approach Of Courts In Dealing With Attacks On Health Personnel Also Contributes To Tendency Of Resorting To Such Violence: Kerala High CourtCause Title: Dr. P K Asokan V State of KeralaCitation: 2023 LiveLaw (Ker) 171The Kerala High Court recently set aside the bail granted by a sessions court to two persons who allegedly a attacked a doctor after a woman gave birth to a still-born child at the hospital.A single bench of Justice Bechu Kurian Thomas expressing concern about the continued attacks on doctors observed:“Doctors continue to face threats, when a mishap occurs to a patient. Even for the slightest provocation, health personnel are attacked. Despite legislation prevailing in the State of Kerala and the repeated court orders to treat attacks on health personnel as a serious crime, violence against them recur. The casual approach adopted by the courts while dealing with instances of attacks on health personnel also contribute to the tendency to resort to such violence.”Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting MaterialCase Title: Asif Azad v. Union of India & Ors.Citation: 2023 LiveLaw (Ker) 172The Kerala High Court came down heavily upon the practice of filing writ petitions without any basis and thereby 'threatening the system into ridicule'.Justice Bechu Kurian...

Kerala High Court Weekly Round-Up: April 3 To April 9

Sheryl Sebastian

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