Kerala High Court Weekly Round-Up: March 21 To March 27, 2022

Nominal Index: [Citations 2022 LiveLaw (Ker) 135 - 146 ]Mathew Z Pulikunnel v Chief Justice of India, 2022 LiveLaw (Ker) 135K.P. Sasikala v. State of Kerala & Ors., 2022 LiveLaw (Ker) 136Aravind TR & Ors. v Kerala University of Health Sciences, 2022 LiveLaw (Ker) 137Muhammed Nazar & Ors. v State of Kerala & Anr., 2022 LiveLaw (Ker) 138 P.T. Philipose & Anr. v. Sunil Jacob & Ors., 2022 LiveLaw (Ker) 139Western Ghats Protection Council v Union of India & Ors., 2022 LiveLaw (Ker) 140Saroja v. Postmaster & Ors., 2022 LiveLaw (Ker) 141Udaya Sounds v. Principal Commissioner of Income Tax & Ors., 2022 LiveLaw (Ker) 142Suo Motu v. State of Kerala, 2022 LiveLaw (Ker) 143Sabeena E.K v. District Collector, 2022 LiveLaw (Ker) 144Shajimon V. v. State of Kerala & Anr., 2022 LiveLaw (Ker) 145Ukkash A .v. State of Kerala & Ors., 2022 LiveLaw (Ker) 146Judgments This Week:1. Writ Petition To Initiate In-House Inquiry Against Judges Alleging Misconduct Not Maintainable: Kerala High CourtCase Title: Mathew Z Pulikunnel v Chief Justice of India Citation: 2022 LiveLaw (Ker) 135The Court recently upheld a Single bench decision that dismissed a couple of petitions seeking the constitution of an In-House Committee to probe into the alleged judicial misconduct against two judges. While dismissing a couple of appeals, the Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P held that the In-House Inquiry was not a 'law' for a litigant to ask for its enforcement.2. Kerala High Court Quashes Proceedings Against K.P Sasikala In Sabarimala Violence CaseCase Title: K.P. Sasikala v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 136The Court recently dropped all charges against Hindu Aikya Vedi leader K. P. Sasikala for purportedly triggering a dawn-to-dusk hartal in the State to protest the entry of women in Sabarimala temple in 2018. The said hartal had resulted in large-scale vandalism against which a PIL was moved before this Court to fix liability for the damages caused. Justice K Haripal allowed Sasikala's plea to quash all the proceedings against her, finding no legal evidence to inculpate her in the crime of abetting the unlawful assembly.3. 'Courts Can't Trench & Pick Holes In The Academic Pasture' : Kerala High Court Dismisses Plea Moved By 92 MBBS StudentsCase Title: Aravind TR & Ors. v Kerala University of Health SciencesCitation: 2022 LiveLaw (Ker) 137It was reiterated that courts should steer away from replacing their views in the place of expert opinion in academic matters. Justice Raja Vijayaraghavan V observed that it is not the domain of courts to trench in the academic pasture and pick holes in it and that it is better to give preference to the opinion of experts in the field in such matters.4. Quashing Moral Policing Cases On Settlement Sends Wrong Message To Public : Kerala High CourtCase Title: Muhammed Nazar & Ors. v State of Kerala & Anr.Citation: 2022 LiveLaw (Ker) 138The Court recently ruled that moral policing is an offence that involves mental depravity and that such cases cannot be quashed on the ground of settlement between the accused and complainant. Justice K. Haripal was adjudicating upon a case in which a violent mob had attacked an unarmed man for taking a woman belonging to a different community in his car.5. Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High CourtCase Title: P.T. Philipose & Anr. v. Sunil Jacob & Ors.Citation: 2022 LiveLaw (Ker) 139The Court has ruled that every transaction by either of the spouse or by both of them with the in-laws or relatives cannot be termed as 'in circumstances arising out of a marital relationship under the Family Courts Act, 1984. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas found that the impugned transaction in the plea was purely a business transaction between the son-in-law and father-in-law, and hence held that it cannot be termed as circumstances arising out of a marital relationship.6. 'Nothing Short Of Ridiculing Their Powers': Kerala High Court Denies CBI Probe For Not Approaching Statutory Authorities FirstCase Title: Western Ghats Protection Council v Union of India & Ors.Citation: 2022 LiveLaw (Ker) 140The Court dismissed a Public Interest Litigation (PIL) filed by Western Ghats Protection Council seeking a CBI enquiry into the allegedly illegal financial dealings of Kenza Holdings under the guise of a Villa Project. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly refused to entertain the plea noting that the petitioner society had not approached the relevant statutory authorities prescribed by law before seeking an investigation by the CBI.7. 'A Clear Case Of Injustice': Kerala High Court Directs Post-Office To Disburse Domestic Help's Deposit With Full Interest, Imposes 5K CostCase Title: Saroja v. Postmaster & Ors.Citation: 2022 LiveLaw (Ker) 141The Court directed the post-office...

Kerala High Court Weekly Round-Up: March 21 To March 27, 2022

Hannah M Varghese

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