Kerala High Court Weekly Round Up: February 14 To February 19, 2022

Citations: 2022 LiveLaw (Ker) 78 - 2022 LiveLaw (Ker) 91Nominal IndexBeena M.S v. Shino G. Babu, 2022 LiveLaw (Ker) 78State of Kerala v. Binu Sebastian & Ors, 2022 LiveLaw (Ker) 79Anoop K.A & Anr. v K.R Jyothylal & Ors, 2022 LiveLaw (Ker) 80S. Surendran v. Director General of Central Industrial Security Force & Anr, 2022 LiveLaw (Ker) 81Devarajan v State of Kerala, 2022 LiveLaw (Ker) 82Joint Registrar (General) of Cooperative Societies & Anr. v. Charley Panthallookaran & Anr, 2022 LiveLaw (Ker) 83Smitha v. State of Kerala & Ors, 2022 LiveLaw (Ker) 84Abhijith v. State of Kerala, 2022 LiveLaw (Ker) 85J. Rajendran Pillai v. B. Bhasi & Ors, 2022 LiveLaw (Ker) 86Teena v State of Kerala, 2022 LiveLaw (Ker) 87HDFC Bank Ltd. v. Debts Recovery Tribunal & Ors, 2022 LiveLaw (Ker) 88Suo motu case, 2022 LiveLaw (Ker) 89Alli Noushad v. Rasheed & Anr, 2022 LiveLaw (Ker) 90X v. Y, 2022 LiveLaw (Ker) 91Judgments This Week1. Spouse Refusing To Accord Divorce On Mutual Consent Despite Being Convinced That Marriage Failed Amounts To Cruelty : Kerala High CourtCase Title: Beena M.S v. Shino G. BabuCitation: 2022 LiveLaw (Ker) 78The Court has held that if one of the spouses is refusing to accord divorce on mutual consent despite being convinced of the fact that the marriage has failed, it is nothing but cruelty to the other spouse.A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas noted that once the court is able to form an opinion that due to incompatibility, the marriage failed and one of the spouses was withholding consent for mutual separation, it can very well treat that conduct itself as cruelty.2. K-Rail Silverline Project | Kerala High Court Sets Aside Single Judge Order Staying Land SurveyCase Title: State of Kerala v. Binu Sebastian & OrsCitation: 2022 LiveLaw (Ker) 79The Court set aside an interim order issued by a Single Judge directing the State to defer steps for the survey taken in furtherance of its K-Rail Silver Line project of the writ petitioners' properties until the matters are considered again in February. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly allowed a batch of appeals filed by the State noting that Social Impact Assessment cannot be seen as an empty formality and that the public is entitled to know the adverse impact and consequences they are likely to suffer.3. Kerala High Court Directs State Police, Motor Vehicle Dept. To Take Strict Action Against Overloading, Misuse Of Govt Boards On VehiclesCase Title: Anoop K.A & Anr. v K.R Jyothylal & Ors.Citation: 2022 LiveLaw (Ker) 80The Court has directed the State Police and Enforcement Officials of the Motor Vehicles Department to initiate stringent measures against vehicle drivers/owners found disregarding the Road Safety Policy guidelines, particularly against those who overload their vehicles or use a government nameplate without the requisite authorisation. Justice Anil K Narendran issued certain directions to reinforce the strict implementation of the Road Safety Policy, Motor Vehicles Act and the Motor Vehicles (Driving) Regulations in the State as directed by the Supreme Court Committee on Road Safety.4. Wife & Children Being Employed Not A Ground To Disregard Special Consideration For Compassionate Allowance : Kerala High CourtCase Title: S. Surendran v. Director General of Central Industrial Security Force & Anr. Citation: 2022 LiveLaw (Ker) 81The Court recently ruled that a government servant who was dismissed from service may not be denied special consideration for compassionate allowance merely for the reason that his wife and children are employed. While allowing a writ petition, Justice V.G. Arun found that although a government servant removed from service is not entitled to pension/ gratuity, the competent authority can sanction compassionate allowance in cases deserving special consideration.5. Kerala High Court Issues Directions To Be Followed By Trial Courts While SentencingCase Title: Devarajan v State of KeralaCitation: 2022 LiveLaw (Ker) 82The Court has recently issued a set of recommendations to be observed by trial courts while sentencing the accused in criminal matters. The guidelines were issued by a Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran while allowing a criminal appeal, thereby reversing the conviction and sentence imposed by a Sessions Judge on the appellant for murder.6. Kerala Co-operative Societies Act | Section 68(1) Includes Inquiry Conducted By Vigilance Officer : High CourtCase Title: Joint Registrar (General) of Cooperative Societies & Anr. v. Charley Panthallookaran & Anr.Citation: 2022 LiveLaw (Ker) 83The Court recently held that an inquiry under Section 68(1) of the Kerala Co-operative Societies Act includes the inquiry conducted by the Vigilance Officer appointed under Section 68A of the Act, and that it does not have to be necessarily be done by the Joint Registrar (General) of Cooperative Societies himself. Justice P.B....

Kerala High Court Weekly Round Up: February 14 To February 19, 2022

Hannah M Varghese

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