Kerala High Court Weekly Round-Up: December 4 - December 10, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 703-718]Jeevan Ramesh v. Mahatma Gandhi University 2023 LiveLaw (Ker) 703T.O.Souriyar v. Muttom Abdulla Kanjirathinkal House 2023 LiveLaw (Ker) 704Athul Sundar v. Bar Council of India 2023 LiveLaw (Ker) 705Satheesh Kumar S. v. Transport Commissioner 2023 LiveLaw (Ker) 706Kiran Kurian Mathew v. Ashly Mathew & Anr. 2023 LiveLaw (Ker) 707Vishnu Sajanan v. State of Kerala 2023 LiveLaw (Ker) 708XXXXX v. Union Of India 2023 LiveLaw (Ker) 709Pinchu Chandran v Arya J 2023 LiveLaw (Ker) 710Suo Moto High Court of Kerala v. State of Kerala and Anr. 2023 LiveLaw (Ker) 711Baiju v. State of Kerala 2023 LiveLaw (Ker) 712XXX v. State of Kerala 2023 LiveLaw (Ker) 713Kerala Infrastructure Investment Fund Board (KIIFB) v. Director, Directorate of Enforcement and connected matter 2023 LiveLaw (Ker) 714Adarsh Thinkal T.S v. State of Kerala and Anr. 2023 LiveLaw (Ker) 715Suo Moto v. State of Kerala and Ors. 2023 LiveLaw (Ker) 716Jagadesh Ramachandran v. The Maintenance Tribunal, Thiruvananthapuram 2023 LiveLaw (Ker) 717Artech Realtors Versus Intelligence Officer 2023 LiveLaw (Ker) 718Orders/Judgments This WeekNDPS Act | Kerala High Court Sets Aside LLB Student's Show Cause Notice, Says College Had Decided His Guilt While Trial Was Still OngoingCase Title: Jeevan Ramesh v. Mahatma Gandhi UniversityCitation: 2023 LiveLaw (Ker) 703The Kerala High Court recently set aside a show cause notice issued to a final year LLB student of MG University for being named as an accused in an NDPS Case. The student who was suspended when an FIR had been lodged against him in the aforesaid case, was asked to show cause as to why a compulsory transfer certificate should not be issued to him.In allowing the student's plea for setting aside the impugned show cause notice, Justice T.R. Ravi observed that the impugned notice would show that the college had already concluded that the student was guilty of possession and sale of narcotic drugs when the trial was not even completed.Issuing Cheque After Voluntarily Closing Bank Account Tantamounts To Offence Of Cheating Under IPC: Kerala High CourtCase Title: T.O.Souriyar v Muttom Abdulla Kanjirathinkal House Citation: 2023 LiveLaw (Ker) 704The Kerala High Court has held that a person commits the offence of cheating under Sections 415, 417 and 420 IPC when he issues a cheque to another person for discharging his pecuniary liabilities after the closure of his bank account. The Court noted that issuance of the cheque with the knowledge that it would be dishonoured would show the presence of mens rea, that is, fraudulent or dishonest intention of the drawer to deceive the payee.In allowing the present revision petition Justice G. Girish quashed the order of the appellate court exonerating the accused, and observed: “It seems from the judgment of the appellate court that the learned Additional Sessions Judge was carried away by the impression that if a person issues a cheque after the closure of his account, in respect of an antecedent liability, and the said cheque happens to be dishonoured due to that reason, the above act of that person will not come within the purview of cheating as defined under Section 415 I.P.C. The above conclusion of the learned Additional Sessions Judge, in my view, is patently wrong.”Kerala High Court Dismisses Candidate's Plea For Postponement Of Either AIBE Or AILET Due To Clashing TimingsCase Title: Athul Sundar v Bar Council of India Citation: 2023 LiveLaw (Ker) 705The Kerala High Court refused to issue a direction to postpone the 18th All India Bar Examination, 2024 (AIBE) or All India Law Entrance Test, 2024 (AILET). Justice T.R. Ravi observed that it cannot direct the authorities to postpone the examination at the instance of one candidate who wishes to attend both examinations.“The Court cannot direct the examinations to be postponed at the instance of one of the candidates who wishes to take the examinations. The learned counsel for the 1st respondent submitted that the candidate can take another chance for the All India Bar examination and the fee paid will be adjusted towards that chance.”Kerala MV Taxation Act | Goods Vehicles Fitted With Construction Equipment Can Be Taxed As Construction Equipment Vehicles: High CourtCase Title: Satheesh Kumar S. v Transport Commissioner Citation: 2023 LiveLaw (Ker) 706The Kerala High Court has made it clear that vehicles registered as good carriage vehicles, but fitted with construction equipment and used for construction purposes can be levied with the motor vehicle tax applicable to construction equipment vehicles. “It is further the definition as provided under clause 10(iii) of the schedule enumerated any other equipment vehicle which is exclusively used for construction purposes is to be considered as construction equipment liable for the purposes of levy of the tax for such vehicles. Considering the use of the petitioner's vehicles only for the construction purposes, I am of...

Kerala High Court Weekly Round-Up: December 4 - December 10, 2023

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