Kerala High Court Weekly Round-Up: August 15 To August 21, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 432-446] K.J. Varghese v. State of Kerala & Ors. 2022 LiveLaw (Ker) 432xxxxxxx v. xxxxxxxxxx 2022 LiveLaw(Ker) 433Basil George v. Shaji Salim & Ors. 2022 LiveLaw (Ker) 434 Gaurav Tewari v. Union of India 2022 LiveLaw (Ker) 435Abhilash Kumar R. & Ors. v. Kerala Books and Publication Society & Ors. 2022 LiveLaw (Ker) 436Salikuttan N. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 437Santhosh Kumar v. State of Kerala & Ors. 2022 LiveLaw (Ker) 438XXXXXXXXXX v. Union of India & Ors. 2022 LiveLaw (Ker) 439Swapna Prabha Suresh v. State of Kerala 2022 LiveLaw(Ker) 440Mathew Daniel v. Leena Mathew 2022 LiveLaw(Ker) 441Pauly Vadakkan v. Corporation of Cochin 2022 LiveLaw (Ker) 442Shybu B. v. Sajeev 2022 LiveLaw (Ker) 443Shibu & Anr v. Sreekumaran & Anr. 2022 LiveLaw (Ker) 444M. P. Chothy v. Registrar General & Ors. 2022 LiveLaw(Ker) 445Flemingo Duty Free Shop Private Ltd. versus Airports Authority of India 2022 LiveLaw(Ker) 446Judgements/Orders This WeekReservations For Differently Abled Should Be Implemented In Aided School Appointments: Kerala High CourtCase Title: K.J. Varghese v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 432The Kerala High Court recently held that the reservations earmarked for persons with disabilities should be enforced in educational institutions aided by the government during their recruitment process. The Court further held that appointments made post-2018 shall not be implemented unless such reservations were awarded.While clarifying that approval of appointments already granted shall not be unsettled, Justice Raja Vijayaraghavan V. added that the right of reservation in employment conferred to the disabled under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 and the Rights of Persons With Disabilities Act 2016 cannot be taken away by placing stumbling blocks.Preservation Of Unworkable Marriage Causes Great Misery, Marital Bond Should Be Severed On Irretrievable Breakdown : Kerala High CourtCase Title: xxxxxxx v. xxxxxxxxxxCitation: 2022 LiveLaw(Ker) 433The Kerala High Court recently, while dismissing a Matrimonial Appeal, observed that when a marriage has broken down beyond repair, the law should take notice of the fact as refusing to serve the legal tie of such marriages would be injurious to the interest of the parties as well as the society.Division Bench, Consisting of Justice Anil K Narendran and Justice C S Sudha observed that nothing is gained by trying to keep the parties tied for ever to a marriage that in fact has ceased to exist.Husband's Repeated Taunts, Comparisons With Other Women Qualify As Mental Cruelty: Kerala High Court Case Title: xxxxxxxx v. xxxxxxxxxxCitation: 2022 LiveLaw(Ker) 433The Kerala High Court recently observed that constant and repeated taunts of the husband that his wife did not meet his expectations and comparisons with other women would amount to mental cruelty as contemplated under Section 10(x) of the Divorce Act, 1869 for the purpose of dissolution of marriage.A Division Bench of Justice Anil K Narendran and Justice C. S. Sudha observed that for the conduct of a spouse to fall within the ground of cruelty, it should be 'grave and weighty' to the extent that the petitioner's spouse cannot be reasonably expected to live with the other spouse, and should be serious that "ordinary wear and tear of married life".Can An Elector Seek To Be Impleaded In An Election Petition? Kerala High Court AnswersCase Title: Basil George v. Shaji Salim & Ors.Citation: 2022 LiveLaw (Ker) 434The Kerala High Court last week ruled that an elector has a limited right to get impleaded in an election petition and that such right can only be exercised if all the relevant provisions under the Kerala Municipality Act are complied with.Upon analysing the provisions of the Municipality Act and the declaration of law by the Supreme Court, Justice C.S. Dias took the view that the ring is closed for a ranked outsider to get himself impleaded in an election petition if his aspiration is beyond the scheme of the Act.Kerala High Court Urges Authorities to Expedite Action To Mitigate Human-Wildlife ConflictsCase Title: Gaurav Tewari v. Union of IndiaCitation: 2022 LiveLaw (Ker) 435The Kerala High Court recently asked the concerned authorities to speed up the process of implementing the guidelines proposed to deal with human-animal conflict in the State.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that though proposals had already been introduced to deal with the issue, they were yet to be implemented in practice.Pension Is Deferred Salary, Right To Pension A Constitutional Right: Kerala High CourtCase Title: Abhilash Kumar R. & Ors. v. Kerala Books and Publication Society & Ors.Citation: 2022 LiveLaw (Ker) 436The Kerala High Court recently held that the right to pension is a constitutional right and that pensions cannot be paid to retired...

Kerala High Court Weekly Round-Up: August 15 To August 21, 2022

Athira Prasad

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