Kerala High Court Weekly Round-Up: April 15 – April 21, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 244-255]Monson MC @ Monson Mavungal v. State of Kerala 2024 LiveLaw (Ker) 244Leric Reeches v Income Tax Officer 2024 LiveLaw (Ker) 245Sreekumar v. SK Valsalan and anr. 2024 LiveLaw (Ker) 246 Syama M. v. State of Kerala & Ors. 2024 LiveLaw (Ker) 247Nimesh and Anr. v. State of Kerala and ors. 2024 LiveLaw (Ker) 248 Faizal v State of Kerala 2024 LiveLaw (Ker) 249Syamkrishna KR and anr. v. State of Kerala and anr. 2024 LiveLaw (Ker) 250B Anandan v Union of India 2024 LiveLaw (Ker) 251Suresh Kumar K R V District Magistrate (District Collector) & Connected Cases 2024 LiveLaw Ker 252Cochin Devaswom Board V The Deputy Director 2024 LiveLaw (Ker) 253Anand Joseph v The District Collector 2024 LiveLaw Ker 254Fazid v XXXXX 2024 LiveLaw Ker 255Judgements/Orders This WeekKerala High Court Declines To Suspend Execution Of Monson Mavunkal's Life Sentence For Sexually Abusing Employee's Minor DaughterCase Citation: 2024 LiveLaw (Ker) 244Case Title: Monson MC @ Monson Mavungal v. State of KeralaThe Kerala High Court has dismissed a plea by Monson Mavunkal to suspend the execution of his life imprisonment sentence passed by the trial court in a sexual assault case.“It is to be noted that the petitioner has been awarded the imprisonment for life on three different counts by the learned Additional Sessions Judge. Suspending the sentence for life imprisonment can be resorted only in exceptional cases. The heinous nature of the offence allegedly committed by the petitioner/accused cannot be ignored" observed Justice PB Suresh Kumar and Justice S Manu.Kerala High Court Quashes Assessment Order Issued Without Effective Hearing Due To Technical Issues With Link Provided For Video ConferencingCitation: 2024 LiveLaw (Ker) 245Case title: Leric Reeches v Income Tax OfficerThe Kerala High Court has quashed an assessment order passed under the Income Tax Act on finding that the assessee was not provided an effective hearing. In the facts of the case, the assessee was unable to log in through the link for video conferencing due to technical failure and did not get an opportunity for an effective hearing.Allowing the writ petition, Justice Dinesh Kumar Singh held that the impugned assessment order was issued contrary to the principles of natural justice since there was no effective hearing. The bench said:“Considering the above submissions and taking note of the fact that the petitioner was not given effective hearing and without providing the effective hearing the impugned assessment order has been passed, I am of the considered view that the order suffers from violation of the principles of natural justice and, therefore, the same is set aside".[S.256 CrPC] Power Of Acquittal Due To Death/Non-Appearance Of Complainant Shouldn't Be Whimsically Exercised For Statistical Purpose Of Disposal: Kerala HCCase Citation: 2024 LiveLaw (Ker) 246 Case Title: Sreekumar v. SK Valsalan and anr.The Kerala High Court has clarified that the power under Section 256 of CrPC which allows for the acquittal of the accused in case of non-appearance or death of the complainant should not be indiscriminately exercised.“It is well settled that the Magistrate can invoke the power under Section 256 Cr.P.C only after arriving at a definite conclusion that the complainant no longer desires to prosecute the complaint and the said power is to be exercised judicially and that the same cannot be indiscriminately exercised whimsically and mechanically for the statistical purposes of disposal” observed Justice Johnson John while allowing the plea. Kerala High Court Makes Govt Circular To Mitigate Disaster Risks At Planning Stage Mandatory For Developmental ProjectsCitation: 2024 LiveLaw (Ker) 247Case Title: Syama M. v. State of Kerala & Ors.The Kerala High Court has held that all departments undertaking infrastructural or developmental projects should implement the circular dated December 18, 2023 issued by the Kerala State Disaster Management Department (KSDMA) for standardization of the process of integrating measures for prevention of disaster and mitigation. While disposing of the petition on the assurance of the government that the circular will reduce complaints qua future developmental projects undertaken by the Government, Justice Devan Ramachandran observed,“I record the submissions of the learned Senior Government Pleader – Sri.K.V.Manoj Kumar, that the Government have issued the afore extracted circular dated 18.12.2023 and that its contents and directives therein will be implemented unreservedly with respect to every developmental project or action, which is to be initiated or pursued by them and its Agencies and Departments in future”, stated the CourtAffidavit Of Settlement No Grounds To Quash Case For Abetment Of Suicide If Materials On Record Indicate Offence: Kerala High CourtCase Citation: 2024 LiveLaw (Ker) 248 Case Title: Nimesh and Anr. v. State of Kerala and ors.The Kerala High Court has rejected a petition...

Kerala High Court Weekly Round-Up: April 15 – April 21, 2024

Rubayya Tasneem

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