Kerala High Court Weekly Round-Up: August 22 - August 28, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 447-457]Sri Sivabalan Transports & Ors v. Hindustan Petroleum Corporation Ltd & Ors. 2022 LiveLaw (Ker) 447Mohammed Kasim H.K. v. Union Territory of Lakshadweep & Anr. 2022 LiveLaw (Ker) 448Sooraj V. Kumar v. State of Kerala 2022 LiveLaw(Ker) 449Vidya Gopan & Anr v. High Court of Kerala & Ors. 2022 LiveLaw (Ker) 450Anuvarudeen v. Sabina 2022 LiveLaw(Ker) 451Usha Bai & Ors v. Pandikasalya Niyas & Ors. 2022 LiveLaw (Ker) 452Madeswari v. K. Manickam 2022 LiveLaw (Ker) 453Anoop v. State of Kerala & Ors. 2022 LiveLaw(Ker) 454Nisha Vellapan Nair v. The Mahatma Gandhi University & Anr. and Reka Raj v. Nisha Vellapan Nair & Anr. 2022 LiveLaw(Ker) 455Sanskruthi Motors v. The Joint Commissioner (Appeals) II 2022 LiveLaw(Ker) 456Noorul Islam Samskarika Sangham v. The District Collector, Malappuram & Ors. 2022 LiveLaw (Ker) 457Judgements/Orders This WeekTransportation Of LPG Cylinders A Public Utility Service: Kerala High Court Restrains StrikeCase Title: Sri Sivabalan Transports & Ors v. Hindustan Petroleum Corporation Ltd & Ors.Citation: 2022 LiveLaw (Ker) 447The Kerala High Court on Friday, while declaring the transportation of LPG Cylinders to be a 'public utility service' as defined in Section 2(n) of the Industrial Disputes Act, 1947, restrained a proposed strike by members of Kannur District Fuel Employees Union. It held that no person employed in such public utility service can go on strike during the pendency of conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings.Justice Murali Purushothaman, while observing that since conciliation proceedings were pending in the instant case, and since Section 22 prohibits strikes and lockouts during the pendency of any such conciliation proceedings, issued an interim order restraining the proposed strike on 22nd and 23rd of August, 2022, or any subsequent day during the pendency of the aforementioned proceedings.Kerala High Court Grants Anticipatory Bail To BJP General Secretary Of Lakshadweep Accused Of Holding National Flag With 'Saffron Down'Case Title: Mohammed Kasim H.K. v. Union Territory of Lakshadweep & Anr.Citation: 2022 LiveLaw (Ker) 448The Kerala High Court on Friday granted anticipatory bail to the BJP State General Secretary of Lakshadweep accused of insulting the national flag by holding it with 'saffron down'. Mohammed Kasim HK had been booked under Section 2 of the Prevention of Insults to National Honours Act, 1971.Justice Viju Abraham granted pre-arrest bail on noting that custodial interrogation of the petitioner may not be necessary, considering the nature of allegations.'Lower Court Was More Concerned With Societal Impact, Not Purpose Of Custody': Kerala HC Grants Bail To YouTuber Accused Of Insulting ST WomanCase Title: Sooraj V. Kumar v. State of Kerala Citation: 2022 LiveLaw(Ker) 449The Kerala High Court on Tuesday allowed the Criminal Appeal filed by a YouTuber, who allegedly insulted a woman belonging to a Scheduled Tribe through an interview published on social media, and enlarged him on bail. Earlier this month, a Sessions Court in Kerala had dismissed his bail plea on the ground that he had intentionally telecasted the video to humiliate the woman and enlarging him on bail would send a wrong message to society.Justice Mary Joseph, while granting bail, observed that the Lower Court was more concerned with the impact on society rather than on the purpose served by prolonging the custody.Kerala High Court Directs Regularization Of Its Court Managers As One-Time MeasureCase Title: Vidya Gopan & Anr v. High Court of Kerala & Ors. Citation: 2022 LiveLaw (Ker) 450The Kerala High Court on Monday held that there can be no discrimination between the appointment of Court Managers in the High Court and the District Court, particularly when the same selection procedure is being followed for both. A Division Bench comprising Justices SV Bhatti and Basant Balaji, while holding so, observed that merely because notifications were different for the two and the selection to the High Court was under Article 229 of the Constitution, it could not be said that selection process is different. The appellants were held to be entitled to regularization of their posts as Court Managers in the High Court as a one-time measure, accordingly.Talaq/Bigamy-Courts Have No Role In Restraining Parties From Invoking Their Personal Law Remedies: Kerala High CourtCase Title: Anuvarudeen v. Sabina Citation: 2022 LiveLaw(Ker) 451The Kerala High Court recently, while setting aside two orders restraining a Muslim man from invoking irrevocable Talaq and from conducting a second marriage, held that the Courts have no role in restraining the parties from invoking their personal law remedies as otherwise, it would be violative of their rights protected under Article 25 of the Constitution of India. Division Bench consisting of Justice A. Muhamed Mustaque and Justice Sophy Thomas observed...

Kerala High Court Weekly Round-Up: August 22 - August 28, 2022

Navya Benny

Tags