Kerala High Court Weekly Round-Up: December 12 To December 18, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 644- 657]Sajeevan v. State of Kerala 2022 LiveLaw (Ker) 644Neetha Lukose v. State of Kerala & Ors. 2022 LiveLaw (Ker) 645 G. S. Sreekumar v. State of Kerala and Others 2022 LiveLaw(Ker) 646All Kerala Private Bankers' Association v. The Commissioner of State Tax & Ors. 2022 LiveLaw (Ker) 647P.T. Prasannakumar & Ors. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 648 Kiran Kumar S v. State of Kerala & Anr. 2022 LiveLaw (Ker) 649X v. State of Kerala & Anr. 2022 LiveLaw(Ker) 650Gauri Sajit v. State of Kerala & Ors. 2022 LiveLaw (Ker) 651X v. State of Kerala & Ors. 2022 LiveLaw (Ker) 652 Muhammed Ajmal v. State of Kerala 2022 LiveLaw(Ker) 653 M.K. Gheevarghese v. Mariam Gheevarghese 2022 LiveLaw (Ker) 654 K.G. Sunilkrishnan v. K.G. Premsankar 2022 LiveLaw (Ker) 655 Vineeth v. State of Kerala 2022 LiveLaw (Ker) 656Suresh B @ Vava Suresh v. State of Kerala & Anr 2022 LiveLaw(Ker) 657Orders/Judgments This WeekInquiry U/S 340 CrPC Mandatory, Failure Renders Entire Proceedings Conducted Thereafter Non-Est: Kerala High CourtCase Title: Sajeevan v. State of KeralaCitation: 2022 LiveLaw (Ker) 644The Kerala High Court recently reiterated that the inquiry envisaged under Section 340 of Cr.P.C is mandatory in nature and such an enquiry should be conducted before proceeding further in cases involving allegation of commission of offences under Sections 192, 193 and 195 of IPC.Justice A. Badharudeen observed that, the inquiry envisaged under Section 340 of Cr.P.C is mandatory in nature and such an enquiry should be conducted before proceeding further, in cases involving allegation of commission of offences under Sections 192, 193 and 195 of IPC. Here, evidently, no such enquiry was conducted and therefore, the entire proceedings, thereafter, are non-est.[Kerala Education Rules] Service Against Two Different Vacancies Not 'Continuous' To Be Reckoned For Vacation Salary: High CourtCase Title: Neetha Lukose v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 645The Kerala High Court on Wednesday held that for the purposes of claiming vacation salary, the teacher should have a continuous service of eight months in the vacancy (not permanent) which extends over summer vacation, as per Rule 49 of Chapter XIV-A of the Kerala Education Rules.The Court arrived at this finding while answering the pointed query as to whether service under two different appointments against two different vacancies which are not permanent could be reckoned for the purpose of claiming vacation salary.The Division Bench comprising Justice P.B. Sureshkumar and Justice C.S. Sudha observed, that "the expression "vacancies" has been used in the provision, as there would be different types of vacancies which are not permanent and the purpose of the Rule is to confer on all those who are appointed in such vacancies, the benefit of vacation salary, provided the conditions stipulated in the provision are duly satisfied. If the provision is understood in the said fashion, there cannot be any doubt to the fact that the expression 'continuous service' has been used in the context of those vacancies which extend over summer vacation in which the teacher is appointed".Kerala High Court Dismisses Plea Seeking CBI Probe Into Thiruvananthapuram Mayor's 'Letter' Over Jobs For CPI(M) WorkersCase Title: G. S. Sreekumar v. State of Kerala and OthersCitation: 2022 LiveLaw(Ker) 646The Kerala High Court on Friday dismissed the plea moved by an ex-councillor of Thiruvananthapuram Municipal Corporation for CBI or judicial investigation into Thiruvananthapuram Mayor Arya Rajendran's purported letter seeking a list of CPI(M) party members for appointment to various posts on a contract basis in the Health Division of the Municipal Corporation.Justice K. Babu dismissed the plea.High Court Dismisses Writ By Kerala Private Bankers' Assn Against RBI's Insistence Requiring Small Financiers To Not Describe Themselves As 'Bank'Case Title: All Kerala Private Bankers' Association v. The Commissioner of State Tax & Ors.Citation: 2022 LiveLaw (Ker) 647The Kerala High Court recently dismissed a writ petition filed by All Kerala Private Bankers' Association against RBI's insistence requiring small financiers to not use the word 'Bank' as part of their names.The Association, comprised of small financiers and unincorporated bodies registered under the Kerala Money Lenders Act, had also sought renewal of its members' licenses.Justice V.G. Arun held that a writ petition by the Association would not be maintainable since the Association is not conducting money lending business on its own, and thus, could not amount to an 'aggrieved person'.Sitting On Business License Renewal Applications For Long Can Pave Way For Corrupt Practices: Kerala High CourtCase Title: P.T. Prasannakumar & Ors. v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 648The Kerala High Court has expressed concern over the tendency of state authorities to sit on business renewal license...

Kerala High Court Weekly Round-Up: December 12 To December 18, 2022

Athira Prasad

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