Kerala High Court Weekly Round-Up: September 26 - October 2, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 501 - 507]A.G. Dinesh v. KSEB Ltd. & Ors. 2022 LiveLaw (Ker) 501Sadasivan & Anr. v. Sadasivan Nair & Ors. 2022 LiveLaw (Ker) 502T. Sunil Kurera & Ors. v. Union of India & Ors. 2022 LiveLaw (Ker) 503Puthukkattu Pareekutty Aliyar v. State of Kerala & Anr. 2022 LiveLaw (Ker) 504Central University Kerala & Anr. v. Joshila J.U. 2022 LiveLaw (Ker) 505State of Kerala v. R. Baji 2022 LiveLaw (Ker) 506Secretary to Advocate General & Ors. v. State Information Commissioner & Anr. 2022 LiveLaw (Ker) 507Judgments/Orders This WeekWhether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HCCase Title: A.G. Dinesh v. KSEB Ltd. & Ors. Citation: 2022 LiveLaw (Ker) 501The Kerala High Court on Monday held that the decision as to whether a particular case where compulsory retirement is imposed warrants reduction in pension or gratuity or both is to be specifically considered by the authority imposing the punishment, at the time of such imposition itself.Justice Anu Sivaraman, while holding so, observed that if the same was not done, "...the entire exercise of appreciation of the factors which lead to the imposition of the penalty will have to be redone at a later point in time which, according to me, would be impermissible since that would amount to a re-appreciation of the facts involved and therefore to double jeopardy".Whether Suit Falls U/S 92 CPC Has To Be Decided Before Trial: Kerala High CourtCase Title: Sadasivan & Anr. v. Sadasivan Nair & Ors. Citation: 2022 LiveLaw (Ker) 502The Kerala High Court on Tuesday held that the question as to whether a suit falls under Section 92 of the Code of Civil Procedure (C.P.C.) would have to be decided before the trial.Justice A. Badharudeen reasoned that a suit under Section 92 can be prosecuted only with the leave of the court and if the parties are relegated till the finalisation of the trial and if ultimately it is found that the Suit requires leave, the entire exercise of trial will become futile, as the Suit itself becomes barred for want of leave.Sri Lankan Fishermen Apprehended On Suspicion Of Involvement In Drug Cartel Denied Bail By Kerala HCCase Title: T. Sunil Kurera & Ors. v. Union of India & Ors. Citation: 2022 LiveLaw (Ker) 503The Kerala High Court on Tuesday denied bail to six Sri Lankan fishermen who had been apprehended by the Indian Coast Guard officials on suspicion that they are part of international drug cartels and had been involved in transporting the same at the time of apprehension.Justice Viju Abraham observed that there was "considerable force" in Special Public Prosecutor's argument that petitioners being nationals of Sri Lanka, there is every chance for them to abscond and their presence cannot be secured at the time of trial.'Was Absconding For 12 Years': Kerala HC Denies Anticipatory Bail To 70-Yr-Old In Minor's Rape CaseCase Title: Puthukkattu Pareekutty Aliyar v. State of Kerala & Anr. Citation: 2022 LiveLaw(Ker) 504The Kerala High Court on Wednesday dismissed the anticipatory bail application of a 70-year-old accused in a rape case who has been absconding for 12 years.Justice Bechu Kurain Thomas rejected the contention raised by the petitioner that he was unaware of the crime registered against him. "The investigation against the petitioner was stalled for the last 12 years due to the absence of the petitioner in the country. It cannot be believed that the petitioner was unaware of the crime registered against him. He was thus absconding for the last 12 years and more".Possession Of Higher Qualification Presupposes Acquisition Of Lower Qualification Unless Recruiter Stipulates Otherwise: Kerala HCCase Title: Central University Kerala & Anr. v. Joshila J.U. Citation: 2022 LiveLaw (Ker) 505The Kerala High Court on Wednesday held that possession of higher qualifications by a candidate in a selection process presupposes the acquisition of the lower qualification for the said post.The Division Bench comprising Justice P.B. Suresh Kumar and Justice C.S. Sudha while holding so, observed that where the candidate does not hold the essential qualification, i.e., a Diploma, but higher qualification, the same could not be taken to disqualify the candidate. "...It is trite that a higher qualification, in order to become eligible for selection to a post for which a lower qualification has been prescribed, must presuppose the acquisition of the lower qualification. It is also trite that if one holds a higher qualification in the same faculty, the same can certainly be stated to presuppose the acquisition of the lower qualification", the Court reiterated.State's Appeal Against Order Directing It To Release Funds To KSRTC Infructuous: Kerala High CourtCase Title: State of Kerala v. R. Baji Citation: 2020 LiveLaw(Ker) 506The Kerala High Court on Wednesday dismissed the state government's appeals against an order directing it to release requisite funds to...

Kerala High Court Weekly Round-Up: September 26 - October 2, 2022

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Kerala High Court Weekly Round-Up: September 26 - October 2, 2022

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