Kerala High Court Weekly Round-Up: March 27 To April 2, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 158-167]A.P. Nazeer v. Union Territory of Lakshadweep & Ors., 2023 LiveLaw (Ker) 158The Additional Chief Secretary (Revenue) & Ors. v. Kerala Lok Ayukta & Ors., 2023 LiveLaw (Ker) 159Nithinram R.S. v. State of Kerala, 2023 LiveLaw (Ker) 160Rajan V State of Kerala, 2023 LiveLaw (Ker) 161Non-Religious Citizens (N.R.C) V Union Of India, 2023 LiveLaw (Ker) 162Rithu Maria Joy V Shejoy Varghese, 2023 LiveLaw (Ker) 163Suo Motu V Union of India, 2023 LiveLaw (Ker) 164Varghese Abraham & Ors. v. Shinu P. & Anr. and other connected matters, 2023 LiveLaw (Ker) 165Hisham Transports V Food Safety Standards Authority Of India, 2023 LiveLaw (Ker) 166Niyas V The District Collector Palakkad, 2023 LiveLaw (Ker) 167No Data Regarding Exact Population: Kerala High Court Holds Notifications Declaring Lakshadweep's Gram Panchayat Constituencies Ultra ViresCase Title: A.P. Nazeer v. Union Territory of Lakshadweep & Ors.Citation: 2023 LiveLaw (Ker) 158The Kerala High Court held the notifications declaring the local area comprising villages; the number of wards; and calling for objections to the proposed delimitation of Gram Panchayat constituencies/ wards, issued by the Lakshadweep Administrator and the Election Commission (EC) for the Lakshadweep Village (Dweep) Panchayat elections, as premature and ultra vires the provisions of Part IX of the Constitution of India and the Lakshadweep Panchayat Regulations, 2022.Tax Arrears | Lok Ayukta Can't Entertain Plea Against Rejection Of Application Opting For Amnesty Scheme: Kerala High CourtCase Title: The Additional Chief Secretary (Revenue) & Ors. v. Kerala Lok Ayukta & Ors.Citation: 2023 LiveLaw (Ker) 159The Kerala High Court deliberated as to whether the Lok Ayukta could adjudicate upon the correctness of an order passed by the assessing authority rejecting the option for settling arrears of sales tax under the Amnesty Scheme, and answered the same in the negative.The Division Bench comprising Chief Justice S. Manikumar and Justice Murali Purushothaman observed,"If orders passed by quasi-judicial functionaries exercising powers under a statute are for any reason untenable in law, resort must be had to the remedies under the statute and the complainants cannot bypass the procedure and approach the Lok Ayukta. The Lok Ayukta is a creation of the statute and has no inherent jurisdiction. It cannot assume any jurisdiction otherwise confirmed by the Lok Ayukta Act".Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPCCase Title: Nithinram R.S. v. State of KeralaCitation: 2023 LiveLaw (Ker) 160The Kerala High Court remanded a bail application in a POCSO case for fresh consideration by the trial Court, while exercising its jurisdiction under Section 482 Cr.P.C.The Single Judge Bench of Justice K. Babu directed the Trial Court to consider the entitlement of the petitioner for regular bail before March 30, 2023.The petitioner is accused of offences punishable under Sections 450, 376(2)(n), 361 r/w Section 363, 342, 354-A (1)(i) of IPC and Section 5(I) r/w Section 6, Section 7 r/w Section 8 of the POCSO Act. He had been in judicial custody since March 7, 2023.21 Yrs Have Elapsed: Kerala High Court Quashes Perjury Case Against Hostile Witness In ‘Kalluvaathukkal Liquor Tragedy' Case Case Title: Rajan V State of KeralaCitation: 2023 LiveLaw (Ker) 161The Kerala High Court quashed proceedings against a witness who had turned hostile in the ‘Kalluvaathukkal liquor tragedy' case.The court was of the view that since the main accused persons were convicted in the trial and the evidence of the hostile witness did not have any impact on the case, prosecuting the witness 21 years after giving evidence, would be an abuse of the process of the court.Kerala High Court Dismisses PIL Seeking Ban On Non-Therapeutic CircumcisionsCase Title: Non-Religious Citizens (N.R.C) V Union Of IndiaCitation: 2023 LiveLaw (Ker) 162The Kerala High Court recently dismissed a Public Interest Litigation filed by Non-Religious Citizens (NRC), a cultural organisation based in Kerala, seeking to declare the practice of non-therapeutic circumcision illegal.A division bench of Chief Justice S Manikumar and Justice Murali Purushothaman observed that the petitioners relied on newspaper reports to support their contentions and such a writ petition was not maintainable.Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High CourtCase Title: Rithu Maria Joy V Shejoy VargheseCitation: 2023 LiveLaw (Ker) 163he Kerala High Court held that before initiating prosecution for perjury, the court must be convinced that it is expedient in the interest of justice to enquire into the offence.A division bench comprising of Justice Alexander Thomas and Justice C.S. Sudha observed that :“in order to initiate prosecution for perjury, the Court must prima facie reach a conclusion that there has been a...

Kerala High Court Weekly Round-Up: March 27 To April 2, 2023

Sheryl Sebastian

Tags