Kerala High Court Weekly Roundup: January 31 To February 6, 2022

Judgments This Week1. Law Student's Suicide: Kerala High Court Grants Bail To Accused HusbandCase Title: Mohammed Suhail v. State of Kerala & AnrCitation: 2022 LiveLaw (Ker) 46The Court granted bail to Suhail, the husband of a 2nd year LLB student, Mofiya Parveen, who died by suicide citing domestic abuse and dowry harassment. Justice Gopinath P. was inclined to grant bail with conditions since according to him, continued detention may not be necessary considering that he had already spent more than 65 days in jail and because the final report had been filed in the matter.2. CLAT Clearance Mandate For NTPC Law Officer Appointment Prima Facie DiscriminatoryCase Title: Aishwarya Mohan v. Union of India & OrsCitation: 2022 LiveLaw (Ker) 47The Court found merits in the contentions raised by the petitioner who had sought to quash the condition mandating applicants to clear CLAT to apply to the post of Assistant Law Officer in National Thermal Power Corporation Limited (NTPC). Finding the condition prima facie discriminatory, Justice V.G. Arun observed that there was no rationale for precluding candidates like the petitioner from the post.3. Actor Assault Case: Kerala High Court Grants Prosecution 10 More Days To Complete Witness ExaminationCase Title: State of Kerala v. Sunil N.S & OrsCitation: 2022 LiveLaw (Ker) 48The Court granted the prosecution 10 more days from January 27 to complete the examination of witnesses before the trial court in the sensational 2017 actor sexual assault case. Earlier, the Court had partly allowed the application filed by the State, permitting it to summon 5 additional witnesses. In this order, the Court had directed a new Special Public Prosecutor be deputed to conduct the case and to complete the examination of the witnesses within ten days. Justice Kauser Edappagath was inclined to grant the extension upon being informed that out of the five witnesses, three had already been examined.4. Kerala High Court Temporarily Defers Centre's Ban On News Channel MediaOneCase Title: Madhyamam Broadcasting Limited v. Union of IndiaCitation: 2022 LiveLaw (Ker) 49The Court deferred the order issued to popular Malayalam news channel MediaOne by the Ministry of Information and Broadcasting revoking its license to broadcast till the next hearing date. Justice N. Nagaresh posted the matter to be considered on Wednesday and issued notice to Planetcast Media Services Ltd, the third respondent.Also Read: 'Did Not Involve In Any Anti-National Activity': News Channel MediaOne Moves Kerala High Court Against Centre's Ban5. Parties To Litigation Entitled To Be Informed Of Reasons For Denial Of Their Claim : Kerala High CourtCase Title: Jiji C. Senan & Anr. v. State of Kerala & Anr Citation: 2022 LiveLaw (Ker) 50The Court observed that a party to litigation is entitled to be informed of the reasons behind the denial of their claims. Thus, setting aside a non-speaking order passed by the Family Court, Justice Mary Joseph observed that although there is no rule that all reliefs sought for should be allowed, a party is qualified to know why their relief was denied. The impugned order directed the respondent-husband to pay Rs.6,000/- as interim maintenance allowance to the child till disposal of the plea. However, the wife was denied any interim maintenance allowance without assigning any reasons.6. Abkari Act| Notice Of Confiscation Proceedings Need Not Be Served Upon Person From Whom Property Is Seized If Already Issued To Its Owner: Kerala HCCase Title: State of Kerala v. Navaru Swapna ReddyCitation: 2022 LiveLaw (Ker) 51The Court recently held that the authorised officer exercising power under Section 67B(2) of the Abkari Act need not issue a notice of confiscation proceedings to the person from whom the property has been seized before ordering the confiscation if he is not the owner of the property. A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha observed that the Act does not provide for notice to the person from whom the property sought to be confiscated has been seized if he is neither the de facto nor the de jure owner of the property.7. Reimbursement Of Medical Expenses By State: Kerala High Court Grants Relief To Govt Employee's Father Undergoing Treatment At Private HospitalCase Title: Dr. George Thomas & Anr v. State of Kerala & Ors. Citation: 2022 LiveLaw (Ker) 52The Court ruled that under the Kerala Government Servants Medical Attendance Rules, the State was obliged to reimburse the government servants if they or their family undergoes medical treatment in recognised hospitals, either private or government. While setting aside a Government communication rejecting the petitioner's claim for reimbursement, Justice Murali Purushothaman observed that the respondents were not permitted to reject such claims under Article 21 and the aforesaid Rules.8. Temporary Shift In Residence Not A Foundation To Transfer Matters Pending Before Competent Jurisdiction : Kerala High Court...

Kerala High Court Weekly Roundup: January 31 To February 6, 2022

Hannah M Varghese

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