Kerala High Court Weekly Round-Up: June 27 To July 3 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 304-319]Rev. T.G. Johnson v. State of Kerala & Ors, 2022 LiveLaw (Ker) 304Anu Mathew v. State of Kerala, 2022 LiveLaw (Ker) 305Zerita Ashlen Rocha & Anr v. Ann Mary Varghese, 2022 LiveLaw (Ker) 306Amir & Anr v. State of Kerala, 2022 LiveLaw (Ker) 307Gopika Jayan & Anr v. Faisal M.A, 2022 LiveLaw (Ker) 308Suo Motu v. The Managing Committee & Ors, 2022 LiveLaw (Ker) 309K.B. Rasheed v. State of Kerala, 2022 LiveLaw (Ker) 310X v. State, 2022 LiveLaw (Ker) 311Jose Kuruvinakkunnel v. Union of India & Ors, 2022 LiveLaw (Ker) 312Jayachandran v. State of Kerala & Ors, 2022 LiveLaw (Ker) 313Bharat Petroleum Corporation & Anr v. Saju A.R & Ors, 2022 LiveLaw (Ker) 314Southern Railway v. M/s Cherian Varkey Construction Co. Pvt Ltd, 2022 LiveLaw (Ker) 315Abdul Jaleel v. Cabinet Principal Secretary & Ors, 2022 LiveLaw (Ker) 316R. Baji v. Kerala State Road Transport Corporation Ltd, 2022 LiveLaw (Ker) 317Saritha S. Nair v. Union of India & Anr, 2022 LiveLaw (Ker) 318K.V Shiraz v. Binny Emmatty, 2022 LiveLaw (Ker) 319Judgments/Orders This Week:Kerala Education Rules | Only State-Authorised Officer Empowered To Extend Higher Secondary School Teachers' Suspension Beyond 15 Days: High CourtCase Title: Rev. T.G. Johnson v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 304The High Court recently observed that according to the proviso to Rule 67(7) of Chapter XIVA of Kerala Education Rules (KER), sanction to extend the period of suspension of a teacher in Higher Secondary School can only be granted by the officer authorised by the Government, and not by the Director of General Education (DGE). Justice Bechu Kurian Thomas added that though the power of suspension is only with the school Manager and for the first 15 days the said power is absolute, the subsequent power to extend the period of suspension is a regulated power.Can Anticipatory Bail Plea Of Accused Who Went Abroad After Registration of Crime Be Entertained? Kerala HC Doubts "Vijay Babu" JudgmentCase Title: Anu Mathew v. State of KeralaCitation: 2022 LiveLaw (Ker) 305Justice P.V Kunhikrishnan differed from the law laid down by the High Court's coordinate bench last week wherein it was held that Section 438 of the Code of Criminal Procedure has no restrictive mandate that a person outside India cannot file an application seeking anticipatory bail. While granting anticipatory bail to actor-producer Vijay Babu in a rape case, Justice Bechu Kurian Thomas had held that a person who is outside India can very well file an anticipatory bail application, as long as before the final hearing, the accused is in India. Courts Should Make Every Endeavour To Dispose A Case On Merits Rather Than On Default: Kerala High CourtCase Title: Zerita Ashlen Rocha & Anr v. Ann Mary VargheseCitation: 2022 LiveLaw (Ker) 306The High Court has ruled that courts should attempt to dispose of matters on merit rather than on default and avoid utilising a hypertechnical approach when presented with a case. Justice C.S Dias held so after observing that a trial court had overlooked the timely submission of a written statement in a money suit merely because it contained certain formal defects.Trial Courts Should Pass Speaking Orders In Main Case & Counter-Case, Refrain From Dismissing Counter Cases On Flimsy Grounds: Kerala High CourtCase Title: Amir & Anr v. State of KeralaCitation: 2022 LiveLaw (Ker) 307The High Court has laid down the procedure to be adopted when there is a case and a counter case and the trial court is of the opinion that the counter case is to be discharged. Justice P.V Kunhikrishnan opined that trial courts should refrain from taking shortcuts by dismissing the counter-case on flimsy grounds through non-speaking orders.Arrest In Breach Of "Arnesh Kumar" Guidelines : Kerala High Court Seeks Explanation From Judicial Magistrate For Remanding AccusedCase Title: Gopika Jayan & Anr v. Faisal M.ACitation: 2022 LiveLaw (Ker) 308The Court recently sought an explanation from a Judicial Magistrate for remanding an accused without satisfying if the arrest has been carried out in compliance with the principles laid down by the Supreme Court in Arnesh Kumar v State of Bihar. A Division Bench of Justice Alexander Thomas and Justice Shoba Annamma Eapen also issued a contempt notice to the Police Officer who carried out the arrest while condemning the lack of response from his side in the proceedings.Right To Worship Is A Civil Right Subject To Restrictions Imposed By Temple's Managing Committee: Kerala High CourtCase Title: Suo Motu v. The Managing Committee & Ors.Citation: 2022 LiveLaw (Ker) 309The High Court recently directed the Guruvayur Devaswom Managing Committee to ensure that any entry restrictions imposed into the Nalambalam of Guruvayur Sree Krishna Temple are strictly complied with and are not flouted by any individual, including its members, Administrators or former officers. The Division Bench of Justice Anil K. Narendran and Justice...

Kerala High Court Weekly Round-Up: June 27 To July 3 2022

Hannah M Varghese

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