Kerala High Court Weekly Round Up: April 18 To April 24 2022

Nominal Index [Citations: 2022 LiveLaw (Ker) 181 - 2022 LiveLaw (Ker) 191]Muhammed Hasheer Poolakkal v. United Arab Bank & Anr, 2022 LiveLaw (Ker) 181Reji K. Joshy & Ors. v. Joint Registrar of Cooperative Societies & Ors., 2022 LiveLaw (Ker) 182Joseph v. State of Kerala, 2022 LiveLaw (Ker) 183 P. Gopalakrishnan @ Dileep & Ors v. State of Kerala & Anr., 2022 LiveLaw (Ker) 184T.N. Suraj v. State of Kerala & Ors., 2022 LiveLaw (Ker) 185T.N. Suraj v. State of Kerala & Ors., 2022 LiveLaw (Ker) 186M/s Bativala and Karani v. K.I. Johny & Anr., 2022 LiveLaw (Ker) 187Deepa Srinivasan & Anr. v. Union of India & Ors., 2022 LiveLaw (Ker) 188 Suo Motu v. Travancore Devaswom Board, 2022 LiveLaw (Ker) 189 Suo Motu v. State of Kerala & Ors., 2022 LiveLaw (Ker) 190Suresh George v. Kochi Metro Rail Ltd & Ors., 2022 LiveLaw (Ker) 191Judgments This Week: 1. Private Parties Can't Approach Courts Seeking Attachment Of Properties In Foreign States Under Chapter VIIA CrPC : Kerala High CourtCase Title: Muhammed Hasheer Poolakkal v. United Arab Bank & Anr.Citation: 2022 LiveLaw (Ker) 181The High Court has held that the courts in India cannot entertain any request directly from any private parties or institutions to initiate proceedings for attachment of properties in foreign states and added that such requests can only be made by the Centre or appropriate authorities under Section 105 of Code of Criminal Procedure (CrPC). Upon examining the legislative intent behind incorporating Chapter VIIA of CrPC, Justice Ziyad Rahman A.A took the stand that permitting any individual or establishment to file an application would amount to reading into the provision something which was never intended to be contemplated therein.2. Kerala Co-operative Societies Rules| No Opportunity Of Hearing U/R 66(5) Before Registrar Accepts Report: HC Full Bench Upholds PrecedentCase Title: Reji K. Joshy & Ors. v. Joint Registrar of Cooperative Societies & Ors.Citation: 2022 LiveLaw (Ker) 182The High Court has upheld the position established by its Division Bench in 2010 by agreeing that Rule 66 (5) of the does not contemplate any opportunity being given by the Registrar before accepting any report or initiating any action based on the report. A Full Bench of Justice P.B Suresh Kumar, Justice P.V. Kunhikrishnan and Justice C.S. Sudha thereby upheld the law as found in State of Kerala v. Aravindakshan Nair [2010 (3) KLT 11] while adjudicating upon a reference made by the Division Bench doubting the correctness of the proposition of law laid down in the impugned decision.3. DYFI Muslim Leader Marries Christian Woman, Ignites Political Row: Kerala HC Disposes Habeas Moved By Her Father Alleging Love JihadCase Title: Joseph v. State of KeralaCitation: 2022 LiveLaw (Ker) 183The High Court disposed of a habeas corpus plea moved by the father of a Christian woman Jyotsna Mary Joseph, who married a Muslim DYFI region secretary Shejin. The father had claimed that his daughter was taken away against her will and was kept in illegal detention while raising 'love jihad' allegations in the matter. A Division Bench of Justice V.G. Arun and Justice C.S Sudha decided to dispose of the petition after hearing the woman who confirmed that she was not illegally detained and that she had taken the decision voluntarily. 4. Kerala High Court Dismisses Dileep's Plea To Quash FIR In Murder Conspiracy CaseCase Title: P. Gopalakrishnan @ Dileep & Ors v. State of Kerala & Anr.Citation: 2022 LiveLaw (Ker) 184The Court dismissed the plea moved by Dileep to quash the FIR filed by the Crime Branch of Kerala Police against him and five others for conspiring to murder the investigation officials in the 2017 actor rape case, in which Dileep is facing trial as the chief conspirator. Justice Ziyad Rahman A.A opined that even if what is revealed from the allegations is a doubtful case for making out the offences at the stage of FIR, the benefit of the doubt should go in favour of the investigation and not to the accused because interference in the investigation at this stage would foreclose all opportunities for the police to collect materials in support of the allegations.Also Read: Allegations Against Dileep Prima Facie Suggest Intention To Harm Police Officers : Kerala High Court5. Kerala High Court Passes Ex-Parte Interim Order Against ReporterTV On Reports Against Dileep's Brother-In-LawCase Title: T.N. Suraj v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 185The Court issued an interim ex-parte gag order against Reporter TV restricting it from publishing, broadcasting or telecasting any item concerning or relating to actor Dileep's brother in law, Suraj while reporting about the murder conspiracy case or the 2017 actor sexual assault case for the next three weeks. Suraj had moved the Court alleging that the respondent channel was subjecting him to a media trial and resorting to sensationalism and publication of fabricated allegations against the accused and their associates in the...

Kerala High Court Weekly Round Up: April 18 To April 24 2022

Hannah M Varghese

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