Kerala High Court Weekly Round-Up: October 10 To October 16, 2022

Nominal Index [Citation 2022 LiveLaw(Ker) 516-524] Muhammad Afreethi v. Mahatma Gandhi University & Anr. 2022 LiveLaw (Ker) 516 State of Kerala & Anr. v. Veluswamy & Ors. 2022 LiveLaw (Ker) 517Selvara A. & Ors. v. State of Kerala & Ors. and Walayar Milk Producers Cooperative Society Ltd. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 518The Kerala State Insurance Department v. P. Rajan & Ors. 2022 LiveLaw (Ker) 519Lalan P. R. & Anr v. Chief Registrar General of Marriages (Common) & Anr. 2022 LiveLaw (Ker) 520Sreenath Bhasi v. State of Kerala & Anr. 2022 LiveLaw (Ker) 521State of Kerala v. Civic Chandran and XXXXX v. State of Kerala 2022 LiveLaw (Ker) 522Prakash Karat & Ors. v. State of Kerala & Anr. 2022 LiveLaw(Ker) 523Solaman v. The State Police Chief and Ors. 2022 LiveLaw(Ker) 524Judgements/Orders This WeekCollege Can't Deny Admission Merely On 'Speculation' That Candidate Will Disrupt Discipline: Kerala High CourtCase Title: Muhammad Afreethi v. Mahatma Gandhi University & Anr.Citation: 2022 LiveLaw (Ker) 516The Kerala High Court on Friday directed Ilaha College of Arts and Science to admit a candidate who had been denied admission on the belief that he would disrupt the discipline of the College.Justice Devan Ramachandran, while issuing the direction, was of the view that the petitioner was being denied admission to the College based on 'speculative reasons'."...it is evident that the College is refusing admission to the petitioner based on certain speculative reasons. It may be true that there was an incident in the past, which led to a police complaint being filed against the petitioner, but this does not ipso facto mean that his attempt is to 'wreck vengeance'", the Court observed.Mere Testimony Of Party Seeking Exemption U/S 3(2) Kerala Private Forest Act Insufficient To Establish That Disputed Property Was Cultivated: High CourtCase Title: State of Kerala & Anr. v. Veluswamy & Ors.Citation: 2022 LiveLaw (Ker) 517The Kerala High Court on Thursday held that testimony alone, of an interested party seeking exemption under Section 3(2) of Kerala Private Forest (Vesting and Assignments) Act, 1971, is not sufficient to establish that the disputed property was cultivated during a particular time.The Act prescribes that the ownership and possession of all private forests in the state of Kerala shall stand transferred to and be vested in the Government. Section 3(2) however is an exemption clause for land comprised in private forests held by an owner under his personal cultivation.Provisions Of Kerala Co-operative Societies Act For Determining Continuance Of Membership Are Mandatory: High CourtCase Title: Selvara A. & Ors. v. State of Kerala & Ors. and Walayar Milk Producers Cooperative Society Ltd. v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 518The Kerala High Court on Friday declared that when specific provisions have been provided under the Kerala Co-operative Societies Act, 1969 for determining the continuance of a person as a member of Society, the same would have to be adhered to.Justice T.R. Ravi, while allowing the petition filed by members of the Walayar Milk Producers Cooperative Society, thus observed, "When specific provisions are set out in the Act, to deal with different situations regarding the continuance of a person as a member of Society, action can be taken only in accordance with the said provisions".Took Eight Years To Deny Issuance Of Policy For Vehicle, Claimant Suffered Serious Consequences': Kerala High Court Raps Insurance DepartmentCase Title: The Kerala State Insurance Department v. P. Rajan & Ors.Citation: 2022 LiveLaw (Ker) 519Setting aside the award directing the Kerala State Insurance Department to pay compensation in a road accident claim case, the Kerala High Court Friday said since the policy was not issued by it, the department cannot be charged with liability to pay compensation. However, the court added, since the department took more than eight years to deny the policy, the claimant deserves to be compensated.The department had challenged the award of the Additional Motor Accidents Claims Tribunal-II, Kozhikode dated 19.10.2005 in a case dating back to 1995. The sole ground was that since the vehicle in question was not even insured by it, the liability of compensation is illegal. The vehicle was instead insured with the Oriental Insurance Company, which was not even made a party before the tribunal.Religion Of Parties Not Relevant For Registering Marriage Under Kerala Registration Of Marriages (Common) Rules, 2008: High CourtCase Title: Lalan P. R. & Anr v. Chief Registrar General of Marriages (Common) & Anr.Citation: 2022 LiveLaw (Ker) 520In a significant order, the Kerala High Court on Wednesday held that the religion of the parties is not a consideration for registering marriages under the Kerala Registration of Marriages (Common) Rules, 2008.Justice P. V. Kunhikrishnan observed, "The only condition for the registration of the marriage as per Rule 6 of the...

Kerala High Court Weekly Round-Up: October 10 To October 16, 2022

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